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(a) In addition to the specific conditions required herein, additional reasonable conditions or requirements which bear a direct relationship to the hazard, danger, harm, noxiousness, offensiveness, nuisance or other adversity or inconsistency sought to be eliminated, alleviated or controlled such as without limitation due to enumeration: environmental, economic or social impact statements, storm drainage plans, landscaping, architectural design, type of construction, floodproofing, ground cover, anchoring of structures, construction commencement and completion dates in accordance with section 12.05.030 of this ordinance, sureties, letters of credit, performance bonds, waivers, lighting, fencing, location, size and number of signs, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements, plat of survey maps, certified survey maps, easement or street dedications, increased building areas, in-creased water supply, essential services and utilities, sanitary and sewage requirements, installation of pollution abatement, security, and/or safety systems, higher performance standards, stages for development of the conditional use, future review of the conditional use operation, conditions surrounding termination of the conditional use permit and the period of time for which the conditional use will be permitted may be required by the Planning, Development & Extension Education Committee if upon its finding these are necessary to fulfill the purpose and intent of this ordinance and so as to eliminate, alleviate or control the hazard, danger, harm, noxiousness, offensiveness, nuisance, adversity or inconsistency sought to be averted. Where studies or impact statements are required, the committee can address problems called to its attention by the imposition of certain conditions aimed at eliminating, alleviating or controlling the problems. (11/5/84)

(b) The following uses are deemed by the Kenosha County Board of Supervisors to be hazardous, dangerous, harmful, noxious, offensive, a nuisance or otherwise adverse to adjoining or nearby parcels, waters or the environment or inconsistent with or otherwise adverse to adjoining or nearby land or water uses and therefore should be required to meet certain additional regulations, standards, and conditions hereinafter set forth and/or standards and conditions imposed by the Planning, Development & Extension Education Committee in accordance with section 12.40.050(g) so as to eliminate, alleviate or control the hazard, danger, harm, noxiousness, offensiveness, nuisance, adversity or inconsistency prior to being permitted in the particular district wherein said use is listed as a conditional use: (11/5/84)

1. Abrasives and asbestos in the M-2 District.

a. There shall be adequate containment and disposal of waste and by-products used in the manufacturing of abrasives and asbestos.

b. There shall be sufficient safeguards to insure against pollution and contamination of surrounding areas so as to insure against damage to the surrounding environment and to further insure against health hazards.

c. The Department of Planning and Development shall be permitted access to the property and buildings located thereon at any time upon request to determine compliance with the specific conditions set forth by the Planning, Development & Extension Education Committee. (11/5/84)

2. Reserved for future use (3/16/04)

3. Airstrips, landing fields and hangars for personal or agricultural related uses in the A-1, A-2 and A-4 Districts and airports, heliport pads, aircraft hangars for storage and equipment maintenance and aircraft sales and maintenance in the I-1 District.

a. The area shall be sufficient and the site otherwise adequate to meet the standards of the federal aviation agency and the Wisconsin Department of Transportation and any other Federal or State agency retaining jurisdiction over such airstrips and landing fields in accordance with their proposed rules and regulations. In no case shall the parcel be less than 35 acres in size.

b. Any building, hangar or other structure shall be at least one hundred (100) feet from any street or boundary line.

c. Any proposed runway or landing strips shall be situated so that the approach zones are free of any flight obstructions, such as towers, chimneys, other tall structures or natural obstructions outside the airport site.

d. There shall be sufficient distance between the end of each usable landing strip to satisfy the requirements of the aforementioned agencies, and no landing strip shall be within 200 feet of any property line. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, satisfactory evidence thereof shall be submitted with the application.

e. Airstrips and landing fields in the A-1, A-2, and A-4 Districts are intended only for the use of the property owner and/or emergency landings. No commercial operation shall be permitted with the exception of crop dusting.

f. Storage of any combustible fuels shall be in accord with any state and federal regulations and due consideration shall be given so as to insure safe storage of such fuels.

g. Special consideration shall be given to the installation of equipment normally associated with the use of airplanes such as: proper ground markings and lighting, wind direction signals, firefighting extinguishers, radio communications equipment, and tie-down spaces.

h. No more than two planes shall be housed on the premises except for the case of airports in the I-1 District.

i. No conditional use permit shall be given unless all necessary federal and state permits have been placed on file with the Department of Planning and Development.

4. Airport Overlay Conditional Uses.

a. Those conditional uses permitted in the Airport Overlay District pursuant to section 12.37.050(f) shall comply with those requirements set forth for the granting of a conditional use permit for said use in the underlying district. In the event that the conditional use listed in section 12.37.050(f) is not permitted as a conditional use in the underlying district, such conditions may be set as will provide for the health, safety and welfare of the general public.

5. Amusement parks, carnivals, circuses, fairgrounds and exposition grounds in the PR-1 District.

a. The site shall contain at least 20 acres and shall have direct access to federal, state or county highways.

b. All yards shall be at least 50 feet each.

c. Adequate vacant area must be available on the site to provide lighted parking space sufficient to handle all anticipated crowds with proper ingress and egress to public roads. A traffic-flow plan shall be required.

d. Accessory uses consistent with the operation of the grounds shall be permitted to the extent that they do not constitute a general retail sales outlet.

e. In the event that the anticipated attendance is in excess of 5,000 individuals or in the event that overnight camping of 100 or more individuals is anticipated and permitted, there shall be compliance with the standards and requirements set forth in the Kenosha County Activity Control Ordinance.

f. In the event that the circus, farm or show animals are to be brought onto the site, adequate provision shall be made for their proper confinement and for the proper disposal of animal waste.

g. Proper sanitary facilities must be provided to handle all anticipated crowds.

h. Time limits, performance bonds and sureties may be required as a condition for the issuance of such permit. In addition, any requirements reasonably related to the general safety and welfare of those in attendance at such activities may also be required.

i. Increased performance standards relating to noise and hours of operation may be required.

j. A site plan shall be provided showing the location of all buildings, parking areas, housing of animals and amusement rides, etc.

6. Animal hospitals, shelters and kennels and veterinary services in the B-2 and B-5 Districts. (8/5/94)

a. All animals shall be kept within an enclosed structure and no structure or animal enclosure shall be located closer than one hundred (100) feet to a property boundary.

b. Adequate provisions shall be made for the proper disposal of animal waste.

c. Buildings to house animals shall be constructed with materials so as to deaden noise, such as concrete, etc.

7. Animal reduction in the M-2 District.

a. The site shall contain at least five (5) acres and have an average lot width of at least three hundred (300) feet.

b. The site shall have direct access to a Federal, State or County Trunk Highway.

c. Buildings, structures and storage areas shall be located in conformance with the yard requirements of the zone in which they are located, except that no buildings, structures or storage areas shall be located within one hundred (100) feet of any district boundary line. However, any setback from a railroad right-of-way need not exceed five (5) feet.

d. A bond or other form of surety may be required so as to insure compliance with performance standards set forth in this ordinance.

e. An application for a conditional use permit for an animal reduction plant shall be accompanied by a report setting forth the proposed operation of the plant and also indicating the method of collection, handling, disposal and storage of all waste and by-products and in addition thereto, a report may be required from an appropriate health authority indicating the appropriateness of the site selection and the proposed plant operation as it may affect the public health.

f. Prior to the commencement of the operation, copies of any licenses or permits from all appropriate county, state and/or federal agencies shall be submitted to the Kenosha County Department of Planning and Development.

g. Periodic evaluations may be required so as to determine compliance with the provisions of this ordinance and the permit granted pursuant to it.

8. Archery and firearm ranges (outdoors) in the PR-1 District.

a. All shooting shall be in the direction of targets and all targets shall be at least 500 feet from any property line.

b. Berms shall be five feet in height above the highest point of the target and shall be a minimum of ten feet in depth so as to absorb stray shot.

c. In granting a conditional use permit for archery and firearm ranges, the Planning, Development & Extension Education Committee shall further evaluate the potential hazards to adjacent uses, the topography and ground cover, and noise to be generated by such activity and establish reasonable and necessary standards for eliminating or minimizing the potential hazards and noise. (11/5/84)

d. Firing shall not be permitted directly toward or over any navigable waters, public or private roads or drives, nor toward any buildings or structures or toward any population concentration within 2000 feet of the range site.

e. There shall be a defined firing line and firing direction, adequate target back stops in addition to the berms aforementioned and a defined target area.

f. Ranges shall be clearly identified by signs not less than four square feet in gross area located at intervals not less than 25 yards around the perimeter. Furthermore, ranges shall be securely fenced off from adjacent lands and waters.

g. Provisions for first aid may be required.

9. Arenas and stadiums in the B-3 District.

a. At least one off-street parking space shall be provided for every three seats located within the arena or stadium.

b. The site shall have direct access to federal, state or county highways.

c. An application for a conditional use permit shall be accompanied by a report setting forth the proposed operation of the arena or stadium.

10. Arenas, stadiums, coliseums, auditoriums and gymnasiums in the PR-1 District.

a. Those requirements set forth for the granting of a conditional use permit for arenas and stadiums in the B-3 District shall be met for arenas, stadiums coliseums, auditoriums and gymnasiums located in the PR-1 District.

11. Assemblies over 5,000 in the A-2 and PR-1 Districts.

a. Standards set forth in the Kenosha County Activity Control Ordinance, shall be met.

12. Auto-truck body and engine repair and painting in the M-1 and M-2 Districts.

a. All outside storage of vehicles shall be properly screened, fenced and secured. Fences shall be of uniform design and height and be properly maintained for aesthetic purposes.

b. The premises shall not be used for storage of wrecked and/or dismantled vehicles.

13. Automotive Body Repair in the B-3 District.

a. Those requirements set forth for the granting of a conditional use permit for auto-truck body and engine repair and painting in the M-1 and M-2 Districts shall be met.

14. Automotive Sales, Service and Repairs in the B-2, B-3, and B-5 Districts. (8/9/94)

a. All servicing and repair work shall be within an enclosed structure. Repair materials, new, used or junk parts shall not be stored outside unless the storage area has a solid fence enclosure. Junk materials shall be removed at least once a month to avoid unsightliness of the site. Fences shall be of uniform design and height and be properly maintained for aesthetic purposes.

b. No cars shall be parked within the vision triangle and all parking lots shall meet all yard requirements.

c. Lights shall not be beamed directly onto adjoining property.

15. Beaches and Public Swimming Pools in the PR-1 District.

a. Standards such as those required in section 12.20 of this ordinance may be required.

b. Provision for lifeguards shall be required.

16. Bed and breakfast establishments in the A-1, A-2, A-4, R-1, R-2, R-3, R-4, and C-2 districts. (8/9/94)

a. A site plan and plan or operation shall be submitted to the Planning, Development & Extension Education Committee. The site plan shall include a parking plan.

b. All requirements set forth in Section 50.51(b) of the Wisconsin Statutes and Chapter HSS 197 of the Wisconsin Administrative Code shall be fully complied with. Necessary state permits and licenses shall have been secured.

c. All requirements of the Kenosha County Sanitary Code shall be fully complied with. Existing onsite soil absorption sewage disposal systems shall be evaluated prior to the issuance of a conditional use permit.

d. The owner of the bed and breakfast establishment shall reside in the establishment. No bedrooms shall be permitted to be located in an accessory structure.

e. No more than four bedrooms shall be rented.

f. Dwellings being considered for conversion to bed and breakfast establishments shall exhibit unique architectural or historic characteristics.

g. Individual rentals shall not exceed five (5) consecutive days in length.

h. No retail sales shall occur in a bed and breakfast establishment.

i. One exterior advertising sign, not exceeding four (4) square feet in area, may be erected on the premises.

17. Borrow pits (temporary); stockpiling or filling of clean fill materials in the A-1, A-2 and A-4 Districts. (8/6/02)

a. A detailed site plan, drawn to scale, showing the boundaries of the site, the proposed area to be filled or excavated, the location and dimensions of proposed stockpiles, circulation routes and parking, and any other specific operations areas.

b. A detailed storm water management and erosion control plan prepared according to best management practices by a Wisconsin registered civil engineer.

c. A restoration plan showing topography at two-foot intervals, drainage patterns, and proposed end use(s).

d. An irrevocable letter of credit, cash, bond or other security in an amount adequate to secure the obligation of the operator to restore the site to a safe, useful and aesthetically pleasing condition shall be required.

e. Stockpiling or filling in wetlands and floodplain areas is prohibited.

f. Fill material shall consist of clean fill only, not to include concrete, asphalt or construction debris.

18. Bridges and Approaches in the FPO Floodplain Overlay District. (3/1/94)

a. Conditional use permits for bridges and approaches shall not be granted unless the applicant shall show that such use or improvement shall not impede drainage, will not cause ponding, will not obstruct the floodway, will not increase flood flow velocities, will not increase the flood stage by 0.00 foot or more unless easements or other appropriate legal measures, as may be approved by the Wisconsin Administrative Code, have been taken and approved, and will not retard the movement of flood waters. When permitted such structures shall be floodproofed and shall be constructed so as not to catch or collect debris nor be damaged by flood waters. Certification of the structure shall be made to the Department of Planning and Development and shall consist of a plan or document certified by a registered professional engineer that the structure is consistent with the flood velocities, forces, depths and other factors associated with the 100 year recurrence interval flood. (2/6/90)

b. The conditional use permit shall not be granted unless there is assurance of compliance with the provisions of the floodplain zoning ordinance, the purpose and objective of floodplain management, as enumerated in section NR116.01 of the Wisconsin Administrative Code, and local comprehensive plans in other land use controls.

19. Bus depots in the B-2 District.

a. Sufficient space for off-street parking shall be required.

20. Bus terminals in the I-1 District and bus terminals and related equipment storage and maintenance buildings in the M-2 District.

a. All maintenance and repair work shall be done within an enclosed structure.

b. Storage of fuels and other combustible materials and products shall be adequately safeguarded and located in such a fashion as to minimize hazards inherent in the storage of such materials.

21. Campgrounds (Rental) in the PR-1 District.

a. Each campsite shall be plainly marked.

b. The maximum number of campsites shall be twelve per gross acre.

c. The minimum size of a recreational vehicle rental park or campground shall be five (5) acres.

d. The minimum dimensions of a campsite shall be 30 feet wide by 50 feet long.

e. Each campsite shall be separated from other campsites by a yard not less than 15 feet wide.

f. There shall be two (2) automobile parking spaces for a campsite.

g. No campsite shall be located closer than 75 feet from a public highway or road right-of-way, nor closer than 40 feet from any other property boundary. All camping units shall be located no closer than 20 feet to any internal private service road. All service roads shall be free of parked vehicles.

h. All campgrounds shall conform to the requirements of section HSS 178, Wisconsin Administrative Code, which shall apply until amended and then shall apply as amended.

i. Each campground shall be completely enclosed, except for permitted entrances and exits by either:

1) A Temporary planting of fast growing material, capable of reaching a height of ten feet or more, and

2) A permanent evergreen planting, the individual trees to be of such number and so arranged that within 10 years, they will have formed a dense screen, such permanent planting shall be grown or maintained to a height of not less than ten feet. Details as to plant materials, size and design of planting as well as time tables must be submitted with the application for a conditional use permit.

j. Each trailer camp, campground, or camping resort shall have a service building similar to that required by section HSS 177 of the Wisconsin Administrative Code.

k. Any recreational vehicle rental park or campground may have one commercial facility per development, such as a small convenience store, restaurant or snack bar, etc., located within the complex when designed for use by the occupants only. Under no circumstances may this facility be located on a public road and used for general street trade and no advertising of the facility shall cater to the general public.

l. No trailer or camping unit shall be located on one site for a period of more than six weeks or an extension thereof not to exceed 15 days. No trailer shall be stored in a trailer park, camping ground or camping resort and in no event shall any structures on the camp site or camping trailers be used as permanent living quarters.

m. Periodic inspections by appropriate health authorities may be required as a condition for the granting of a conditional use permit for the campground.

n. No campground shall be located in any floodplain zoning district.

22. Car washes in the B-2 and B-3 Districts.

a. Car washes shall be located on a public sanitary sewer and on federal, state or county highways.

b. A traffic flow pattern shall be submitted to the committee.

23. Caretaker quarters in the M-3 District.

24. Cemeteries in the I-1 District.

a. The site proposed for a cemetery shall not interfere with the development of a system of collector and arterial streets in the vicinity. In addition, the site shall have direct access to a public roadway.

b. Any new cemetery shall be located on a site containing at least twenty (20) acres.

c. All burial buildings and crematoriums shall meet the yard requirements of the District. A burial building is any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults or columbaria.

d. All graves or burial lots shall be set back at least thirty (30) feet from any street bounding the cemetery and there shall be two (2) side yards and a rear yard of at least twenty-five (25) feet each.

e. Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently covered by a conditional use permit. Any expansion to land not covered by an existing conditional use permit must comply with the requirements of this section.

f. Adequate parking shall be provided on the site, and no cemetery parking shall be permitted on any public street.

g. Nothing in these provisions, however, shall prohibit the issuance of a conditional use permit for a pet cemetery.

25. Chemicals in the M-2 District.

a. A detailed site, operation, fire protection, security, waste disposal, storage, pollution control, storm drainage, and traffic flow plan shall be presented to the committee.

b. Performance bonds shall be required to insure compliance with the terms of the conditional use permit.

c. The committee shall be advised of the potential of any health hazards that may accompany the manufacture or production of chemicals.

26. Coal and bone distillation in the M-2 District.

a. Performance bonds shall be required to insure compliance with the performance standards set forth in this ordinance.

27. Commercial egg production in the A-3 District.

For all new and expanding commercial egg production facilities, the following requirements shall be complied with:

a. The site shall contain a minimum of 50 acres.

b. There shall be submitted a detailed site plan showing all building locations and distances and the capacity of each building.

c. There shall be submitted to the Planning, Development & Extension Education Committee for their approval a detailed plan as to how manure is to be handled. This shall include items as drying and storage facilities, hauling methods, location(s) where manure is to be spread and distances to the surrounding residential structures. (11/5/84)

d. There shall be submitted detail of all types of equipment used in handling process of manure.

e. There shall be provided a plan for odor control, such as ozinators, etc.

f. There shall be provided a detailed day-to-day management plan for total operation.

g. There shall be provided a vermin, rat, and insect control plan for all facilities on the premise.

h. All buildings housing chickens shall be located at least 500 feet from any property boundary line.

i. There shall be provided a detailed storm water drainage plan between all buildings and feedlots.

j. There shall be provided a sealed vermin-proof container for all dead chickens and further, the owner and operator shall present the Planning, Development & Extension Education Committee with proof that the operator has contracted with a licensed renderer to haul all dead chickens off premise on a weekly basis. Further, the owner shall be required to show that hauling is being performed at last once a week. (11/5/84)

28. Commercial feedlot in the A-3 District.

For all new and expanding commercial feedlot facilities, the following requirements shall be complied with:

a. The site shall contain a minimum of 50 acres.

b. The applicant shall submit a detailed site plan showing all distances between building locations and feedlot areas and the capacity of each building and feedlot.

c. The applicant shall submit to the Planning, Development & Extension Education Committee for their approval a detailed plan as to how manure is to be handled. This shall include items as drying and storage facilities, hauling methods, location(s) where manure is to be spread and distances to the surrounding residential structures. (11/5/84)

d. The applicant shall detail all types of equipment used in the handling process of manure.

e. The applicant shall provide a plan for odor control, such as ozinators, etc., if located inside a building.

f. The applicant shall provide a detailed day-to-day management plan for total operation.

g. The applicant shall provide a vermin, rat, and insect control plan for all facilities on the premise.

h. All buildings and feedlots shall be located at least 500 feet from any property boundary line.

i. The applicant shall provide a detailed storm water drainage plan between all buildings and feedlot areas.

j. The applicant shall present the Planning, Development & Extension Education Committee with proof that the operator has contracted with a licensed renderer to haul all carcasses off the premise on a weekly basis. Further, the owner shall be required to show that hauling is being performed at least once a week. (11/5/84)

k. The applicant shall provide an adequate water supply system for all animals on the premises.

29. Commercial Recreational Facilities in the B-2 District.

a. Applicants for a conditional use permit for a commercial recreational facility (outdoor) must submit detailed development plans with time tables and necessary bonding to insure performance.

30. Community living arrangements having 9 but not more than 15 persons and in conformance with all state statutory requirements in the A-1, A-2, A-4, R-1, R-2, R-3, R-4, R-5, R-6, R-7, and R-8 Districts.

a. A report and license from the Department of Health and Social Services relating to the suitability of the premises for use as a community living arrangement shall accompany the application for a conditional use permit. The loss of any license shall operate as an automatic revocation of the conditional use permit. Permits shall not be transferable to another location or holder without approval of the committee.

b. The applicant for a conditional use permit for a community living arrangement shall state on his application the purpose for the community living arrangement, the type of individuals that will reside on the premises and the plan for supervising and administering to the needs of the residents.

c. There shall be continuous 24 hour a day supervision for the residents in the community living arrangement facility.

d. There shall be one off-street parking facility for every four residents in the facility.

e. The owner and supervisors for the facility shall appear before the Planning, Development & Extension Education Committee in person. (11/5/84)

f. Noises and disturbances such as loud music which may be heard on adjoining property shall be prohibited after 10:00 p.m.

g. Unless greater restrictions are set by the State of Wisconsin, there shall be not more than three residents per 120 square feet of bedroom living area.

h. The premises shall be located on a sanitary sewer.

i. The premises shall be located on a minimum of one acre of land.

j. Where a city, town or village has passed an ordinance pursuant to Wisconsin Statute section 59.69(15)(a) and (b), the location and number of such community living arrangement shall be in conformance with such ordinance.

31. Community living arrangements for 9 or more persons and which are in conformance with all state statutory requirements in the R-9, R-10, and R-11 Districts.

a. Those requirements set forth for the granting of the conditional use permit for a community living arrangement having nine but not more than 15 persons and in conformance with all state statutory requirements in the A-1, A-2, A-4, R-1, R-2, R-3, R-4, R-5, R-6, R-7 and R-8 Districts shall be complied with.

32. Concrete and Asphalt Batch Plants in the M-1, M-2 and M-3 Districts.

a. Federal and state air quality standards shall be complied with.

b. Conditions may be set with respect to hours of operation and ingress and egress to the premises.

c. The premises shall be properly secured.

33. Concrete and Asphalt Batch Plants temporarily located on a parcel in the A-1, A-2, A-3, and A-4 Districts. (8/6/02)

a. Federal and state air quality standards shall be complied with.

b. Special consideration shall be given to the hours of operation and traffic patterns including ingress and egress.

34. Contractor storage yards in the M-2 District.

a. The property shall be fenced with a six-foot-high solid fence and shall also have a permanent evergreen shrub and tree plantings along said fence. In addition, a landscape plan shall be submitted to the Planning, Development & Extension Education Committee for approval. (11/5/84)

35. Conversion of a resort into a residential condominium in the PR-1 District; provided, that: (8/15/89)

a. All structures shall comply with local building codes. (8/15/89)

b. The condominium declaration shall be submitted with the conditional use permit application and shall be made part of the permanent review file. (8/15/89)

c. The applicant shall submit a condominium plat showing how the property will be divided and identifying areas of common ownership. All relevant plat restrictions shall be shown on the face of the plat. Upon approval of the condominium plat, the plat shall be recorded with the Kenosha County Register of Deeds and a copy of the plat shall be made part of the permanent review file for the conditional use. (8/15/89)

d. The Kenosha County Planning, Development & Extension Education Committee shall specify the permitted dwelling sizes, dwelling height, setback, side yards, rear yard, and shore yard of the resort/condominium conversion and shall make such determinations a part of the permanent file. (8/15/89)

e. Additions and modifications to the converted condominium shall conform to the lot area, building bulk, and yard requirements of the R-10 District and shall be considered a new conditional use. (8/15/89)

36. Construction services including building contractors; carpentering, wood flooring; concrete services; masonry, stonework, tile setting, and plastering services; roofing and sheet metal services; and septic tank and water well drilling services in the B-5 District. (8/9/94)

a. All outside storage and work areas that are within 300 feet from residential, institutional or park districts shall be enclosed by a solid fence with a minimum height of six feet; screen plantings may be required around the perimeter of the use where such perimeter abuts residential districts or where such a screen planting is deemed necessary or advisable depending on surrounding land uses. (8/9/94)

b. A detailed site and security plan shall be required indicating the location of storage areas, the type of material to be stored and a list of all hazardous materials stored on the property along with precautions necessitated by the storage of such hazardous material. (8/9/94)

c. Lighting shall be required for the storage and work areas provided, however, that the glare from said lighting does not shine on adjoining properties. (8/9/94)

37. Repealed 8/20/91

38. Drive-in theaters in the B-3 District.

a. The site shall contain at least ten (10) acres.

b. The site shall have a direct access to federal, state or county highways.

c. All structures, viewing areas and seating areas shall be set back at least one hundred (100) feet from any street or boundary line.

d. All parking areas and access ways shall be adequately lighted provided, however, that such lighting shall be shielded to prevent glare or reflection onto neighboring properties or public streets.

e. The following accessory uses may be permitted as incidental to, and limited to patrons of the principal use:

1) An amusement park, kiddyland

2) Refreshment stands or booths

3) Souvenir stands or booths

f. Special attention shall be paid to traffic patterns and methods of ingress and egress along with internal road-ways.

g. For any drive-in theater, the viewing area shall be screened in such a manner that it cannot be observed from any public right-of-way. In addition thereto, off-street space for automobiles of patrons awaiting admission to the theater shall be equal to thirty (30) per cent of the capacity of the viewing area. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic.

39. Dye in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for the manufacture or production of chemicals in the M-2 District shall be complied with.

40. Earth movements in Shoreland areas. (See section 12.09.030 of this ordinance.)

41. Electric and steam generating plants in the M-2 District.

a. The plan of operation and impact statement shall be submitted to the Planning, Development & Extension Education Committee for review. (11/5/84)

b. All necessary state and federal permits shall be filed with the Planning, Development & Extension Education Committee. (11/5/84)

c. The plan for the transportation, storage and disposal of fuels and waste shall be presented to the Planning, Development & Extension Education Committee for review, consideration and approval. (11/5/84)

d. All security measures for the proposed electric and steam generating plants shall be reviewed by the Planning, Development & Extension Education Committee so as to insure proper and complete security measures. (11/5/84)

e. All federal and state pollution guidelines and the performance standards set forth in this ordinance shall be complied with.

f. In the event that said generating plants make use of nuclear fuels, the generating plant shall be located not closer than ten miles to the boundaries of any city or village; furthermore, no conditional use permit for the construction of a nuclear generating plant shall be issued without the presentation of an evacuation plan for county residents.

42. Event Barns in the A-1 and A-2 Districts.

For the conversion of existing farm buildings on a farm for organized meetings and/or reception space as a gathering place for weddings, parties, and corporate events.

a. Town Board approval shall be required prior to the issuance of a conditional use permit for an Event Barn. The Town Board shall have the authority to develop additional minimum standards.

b. Farm buildings shall be constructed prior to 1965 unless waived by the Town for good cause.

c. The minimum parcel size shall be ten (10) acres.

d. A two hundred (200) foot open buffer shall be provided on all sides of the property not abutting a public roadway. Outdoor special event/commercial business activities are not permitted within this buffer area. Where possible, agricultural crops shall remain or be grown in the buffer area, or suitable landscaping, to maintain the rural and agricultural character of the site.

e. Buffer plantings shall be provided along a property line where there is an abutting residence and which are intended to screen views, lights and noise from the operation. A buffer planting plan shall be submitted with the application and approved by the Planning & Development and Education Extension Committee.

f. Parcels shall have frontage along a paved public road for direct access.

g. Access by private easement must be formalized and be recorded or available for recording. Modification of existing easements resulting from the proposed use must be approved in writing by all easement parties.

h. All ingress/egress and parking areas shall be located in such a manner to minimize traffic hazards associated with entering and exiting the public roadway.

i. The increase in traffic generated by the proposed use shall not create a nuisance to nearby residents by way of traffic or noise.

j. Parking may be either gravel or paved. Handicapped parking spaces shall be paved and meet all State standards. Sufficient parking spaces to accommodate the proposed use shall be provided. Overflow parking on grass or hay areas is permissible. Parking on public ways is not permitted.

k. Parking areas of any type shall not be located in the required buffer area and must meet the parking requirements of Section 12.13.030 (j) and (k).

l. Signage shall comply with Section III H.

m. Any newly proposed or changed outdoor lighting shall consist of full cut-off luminaries and shall not exceed an illumination level of 0.5 foot-candles as measured at the property line. Lighting fixtures shall be shielded or directed in such a manner so as to prevent light from shining directly onto abutting rights-of-way and adjacent properties (cut-off type luminaries only). No protruding lenses are allowed and lenses must be constructed so as to be parallel to the constructed yard grade. All security lighting shall be shielded and aimed so that illumination is directed only to the designated areas. General flood lighting fixtures shall be discouraged.

n. No on or off-premises signs, banners, or billboards shall be constructed, erected, or displayed without first obtaining proper permits from the State, County or local unit of government in which they are being located.

o. Structures shall be inspected by the Town Fire and Building Inspector prior to the Town meetings and shall meet all Town Fire and Building Code standards prior to occupancy.

p. Parcels not served by public sanitary sewer shall be served by Private Onsite Wastewater Treatment Systems (POWTS) which meet all requirements of Chapter 15 of the Kenosha County Sanitary Code and Private Sewage System Ordinance, and SPS 382 - 385 of the Wisconsin Administrative Code and their corresponding design manuals regarding POWTS.

q. It is the responsibility of the applicant to comply with all State and local regulations regarding public health. This includes proper and adequate toilet and hand washing facilities, showering facilities, proper food preparation and serving conditions, adequate tested potable water, proper disposal of refuse and food by-products on a timely basis. The Kenosha County Division of Health requires permits and inspections to assure the event is conducted within laws of proper sanitation and health. The applicant shall obtain all necessary health-related permits and assure that all necessary tests and inspections are conducted.

r. Food vendors shall be licensed by the Health Department.

s. Amplified music and dancing are permitted only within the barn structure. County noise ordinance shall be complied with. Outside amplified music is not permitted.

t. The sale and consumption of alcohol beverages on the premises are subject to Town licensing requirements and County cabaret licensing.

43. Flea markets, where two or more wholesalers or retailers pay a consideration to the property owner for use of the site, in the B-1, B-2, B-3, B-4, M-1 and M-2 Districts.

44. Fertilizer production, sales, storage, mixing and blending in the A-3 and M-2 Districts.

a. The site shall contain at least five acres.

b. A plan of operation shall be submitted along with a site plan.

c. Storage of fertilizer shall be at least 150 feet from any property boundary line.

d. There shall be compliance with all federal and state pollution guidelines.

e. No storage shall be closer than 300 feet to any navigable stream.

f. All parcels shall be at least 100 feet away from any residential structure.

g. A performance bond insuring compliance with all pollution laws shall be required.

h. The facilities shall be properly and securely locked or fenced.

45. Filling as authorized by the Wisconsin Department of Natural Resources and United States Army Corp.

of Engineers to permit the establishment of approved bulkhead lines in the FPO Floodplain Overlay District. (3/1/94)

a. Those requirements set forth for the granting of a conditional use permit for bridges and approaches shall be complied with.

46. Forges in the M-2 District.

a. A site plan and plan of operation shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

b. Performance bonds shall be required guaranteeing compliance with all federal and state pollution control guidelines.

c. Open storage of materials shall be enclosed within a solid fence.

47. Foundries in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for forges in the M-2 District shall be complied with.

48. Freight terminals, yards and freight forwarding services and related equipment storage and maintenance facilities in the M-2 District. (8/9/94)

a. A detailed site plan shall be submitted with the application for a conditional use permit.

b. A parking plan shall be submitted for any semi-tractor/trailer storage specifying the number and type of vehicles to be temporarily stored, and the average duration of such storage.

c. No loading or unloading of trailers shall be permitted unless expressly permitted by the conditional use permit.

d. No outside storage of any product; or of packing and crating materials shall be permitted except as expressly permitted by the conditional use permit, and any permitted outside storage shall be screened if located closer than 500 feet to any residential, institutional or park district.

e. The plan for the storage of any fuels and the security to be provided on the site along with a fire protection plan shall be submitted to the Planning, Development & Extension Education Committee for review, consideration, and approval. Such plans shall also designate the type of fencing that will surround the storage of such materials and the lighting of the premises.

f. All federal and state guidelines shall be complied with.

g. All federal, state and local permits shall be filed with the Planning, Development & Extension Education Committee.

h. Storage of petroleum and other fuels shall not be permitted closer than 500 feet to any residential, institutional or park district.

49. Freight terminals, yards and freight forwarding services and related equipment storage and maintenance facilities in the M-2 District. (8/9/94)

a. The site shall contain a minimum of at least five acres.

b. All vehicle repairs shall be indoors.

c. A site plan and plan of operation shall be presented to the Planning, Development & Extension Education Committee along with a plan for the storage of fuels and combustible materials. (11/5/84)

d. Storage of junk parts shall not be permitted on the site.

e. Salvaging operations shall not be permitted on the site.

f. All transfer of products shall be done at a loading dock facility.

g. Terminal roads, parking and loading areas shall be paved with dust-free material such as concrete or asphalt and shall be adequately lit.

h. A storm water drainage plan prepared by certified engineers shall be submitted to the Planning, Development & Extension Education Committee for approval. (11/5/84)

i. The site shall be fenced and secured.

j. Outdoor lighting shall not be permitted to shine on neighboring property.

k. Ingress and egress to the premises and location of loading docks shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

50. Fuel in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for chemicals in the M-2 District shall be complied with.

51. Fuel oil, bottled gas, and ice dealers in the B-5 District. (8/9/94)

a. A detailed site plan and environmental impact study shall be submitted with the application for a conditional use permit.

b. The plan for the storage of fuels and the security to be provided on the site along with a fire protection plan shall be submitted to the Planning, Development & Extension Education Committee for review, consideration, and approval. Such plans shall also designate the type of fencing that will surround the storage of such materials and the lighting of the premises.

c. All federal and state guidelines shall be complied with.

d. All federal, state and local permits shall be filed with the Planning, Development & Extension Education Committee.

e. Storage of fuel oil and bottled gas shall not be permitted closer than 500 feet to any residential, institutional or park district.

52. Garbage Incinerators in the M-4 District. (8/20/91)

a. A site plan and plan of operation together with an environmental impact statement (EIS) assessing the effect the operation will have on the environment shall be submitted to the Planning, Development & Extension Education Committee. No hazardous wastes shall be disposed of in a garbage incinerator.

1) The County may hire an independent expert to evaluate the EIS. The cost of the EIS shall be borne by the permit applicant. A surety in the form of an irrevocable letter of credit of not less than $25,000 shall be provided to guarantee payment for the review.

b. All federal and/or state licenses shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

c. A performance bond guaranteeing compliance with all federal and state pollution guidelines and the performance standards set forth in this ordinance shall be required.

d. There shall be no outside storage of refuse unless it is contained within vermin-proof containers.

e. Scrap yard operations shall not be permitted on the premises.

f. A security plan shall be presented to the Planning, Development & Extension Education Committee for approval. (11/5/84)

g. Ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

53. Gas and electric utility uses not requiring authorization under Wisconsin Statutes section 196.491 in the A-1 and A-4 Districts.

a. All such uses shall be properly fenced and secured for protection against vandalism.

54. Gasohol and fuel related alcohol plants in the A-3 and M-2 Districts.

a. Those requirements set forth for the granting of a conditional use permit for the manufacture and production of chemicals in the M-2 District shall be complied with.

55. Gasoline service stations in the B-1, B-2, B-3, B-4 and B-5 Districts. (8/9/94)

a. A detailed site plan shall be submitted showing all structures and their distances including canopies, pump islands, light poles, tower signs, storage tank locations, etc.

b. All canopy posts shall be at least 30 feet from any property line. No canopy shall exceed 20 feet in height.

c. Canopies shall not be permitted to overhang past the property line.

d. All pumps shall be set back at least 30 feet from any property line.

e. Gasoline service stations for semi-trailers shall have their ingress and egress located in such a fashion as to give due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

56. Golf courses in the PR-1 District.

a. A detailed site plan and plan of operation shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

b. Adequate sanitary facilities shall be provided.

c. A storm drainage plan prepared by certified engineers shall be presented to the Planning, Development & Extension Education Committee for approval. (11/5/84)

d. Fairways shall be located in such a fashion as to avoid golf balls being driven outside of the property boundary lines.

e. Those courses to be located in primary environmental corridors shall not be granted a conditional use permit unless a conservation plan has been presented to the Planning, Development & Extension Education Committee for review and approval. (11/5/84)

f. The following accessory uses may be permitted:

1) Country club

2) Restaurant

3) Pro shop facility

4) Tennis courts

5) Ice skating rinks

6) Swimming pools

g. The site shall contain a minimum of at least 80 acres.

h. Those golf courses located in floodplain areas shall not be permitted to have structures located thereon.

57. Golf driving ranges in the PR-1 District

a. The site shall contain at least ten (10) acres and shall be of such a configuration as to permit a minimum driving distance of three hundred (300) yards from each proposed tee, exclusive of the required buffered area.

b. A site plan shall be submitted showing the layout of the property with all fairways, roughs, greens, structures, parking, fencing and indigenous materials.

c. The golf driving range shall maintain a seventy-five (75) foot front yard and a one hundred fifty (150) foot side yard setback. The site shall be buffered by indigenous materials and fencing to minimize the impact upon adjoining properties.

d. Toilet facilities for use by patrons shall be provided. Such facilities shall be approved by appropriate health authorities.

e. A minimum of one off-street parking space shall be provided for each driving tee proposed on the site. If other accessory uses are provided, such as a miniature golf course or batting cage, a minimum of one additional parking space shall be provided for each hole of the miniature golf course or for each station in each batting cage, etc.

f. All parking areas shall be kept in a dust-free condition, such as by oiling or by spraying with calcium chloride.

g. Accessory use permits shall be limited to a refreshment stand, a maintenance shed, a miniature golf course, batting cage and a pro shop. In consideration of golf driving ranges, additional conditions necessary to minimize the impact upon adjacent land uses may be imposed.

h. Night lighting shall be provided for all parking areas and no night lighting shall be permitted to shine on adjoining property.

i. The hours of operation may be limited by the Planning, Development & Extension Education Committee. (11/5/84)

j. The driving range shall be situated in such a fashion that the safety of adjoining residences and nearby traffic is safeguarded against stray balls.

58. Hazardous waste warehousing and transfer stations in the M-4 Sanitary Landfill and Hazardous Waste Disposal District. (8/20/91)

a. A plan of operation shall be submitted to the Planning, Development & Extension Education Committee together with an environmental impact statement (EIS) assessing the effect the operation will have on the environment. Copies of all plans shall also be reviewed by the Kenosha County Office of Emergency Government. The method of storage and/or transfer of materials shall be identified in the plans. The operational plan shall set forth in detail the hours of operation, all mechanical and pollution control equipment and processes, plant security and pollution monitoring. The Planning, Development & Extension Education Committee shall also be informed as to the potential hazards of the materials to be stored or transported.

1) The County may hire an independent expert to evaluate the EIS. The cost of the EIS shall be borne by the permit applicant. A surety in the form of an irrevocable letter of credit of not less than $25,000 shall be provided to guarantee payment for the review.

b. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee which shall include, but is not limited to, a security plan showing location and type of fencing and showing how loading/unloading area will be protected; a parking plan; a site drainage plan; and a landscaping plan.

c. A fire prevention and fire protection plan shall be presented to the Planning, Development & Extension Education Committee for review and consideration.

d. A transportation and traffic flow plan shall be prepared showing the means and the routes for transporting materials. The plan shall identify what materials will be disposed of, where and by what means they will be disposed, and the potential hazards of material disposal.

e. An emergency plan setting forth precautions and procedures (including evacuation) in the event of an accidental spill of material shall be presented to the Planning, Development & Extension Education Committee for review and consideration.

f. The transportation and traffic flow plan and the emergency plan shall be reviewed by the Kenosha County Office of Emergency Services.

g. All applicable state and federal permits and approvals governing the handling and disposal of medical wastes shall be secured. Copies of all permits shall be submitted with the conditional use permit application.

h. No hazardous waste storage or transfer facility shall be located closer than 2,500 feet from a residential district or use, 2,500 feet from a navigable body of water, or within a floodplain. No hazardous waste storage or transfer facility shall be located closer than 5,000 feet to a school, hospital, nursing home or other institution. Minimum separation distances shall be measured from principal building to principal building.

i. A performance bond shall be required by the Planning, Development & Extension Education Committee so as to insure compliance with the conditions imposed by the Planning, Development & Extension Education Committee. Such bond shall also cover County monitoring, cleanup and restoration costs for which the applicant shall be responsible as well as for personal injury and property damage caused by the accidental or intentional discharge of an environmentally hazardous substance.

j. The County shall be permitted access to the plant at all times for purposes of inspection of operations and records.

k. The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period of two years by the Planning, Development & Extension Education Committee after review of the performance of the operation. Modifications or additional conditions may be imposed upon application for renewal including an increase in the amount of any bond.

l. Violation of federal or state permits or environmental laws, rules, or regulations shall be prima facia evidence of a violation of the conditional use permit and grounds for revocation of the permit.

m. The conditional use permit shall not be transferable or assignable without the approval of the Kenosha County Board of Supervisors.

59. Housing for farm laborers or caretakers in the A-1, A-2 and A-4 Districts. (8/6/02)

a. A site plan shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

b. Not more than one dwelling for farm laborers or caretakers shall be permitted per farm.

c. The conditional use shall be permitted only so long as the occupants of said dwelling are primarily engaged in farm labor on the farm or management of the farm on which the dwelling is located.

60. Housing for seasonal or migratory farm workers in the A-1 and A-4 Districts.

a. Those requirements set forth for the granting of the conditional use permit for housing for farm laborers in the A-1 and A-4 Districts shall be complied with.

61. Housing for the elderly in the R-11 District.

a. A site plan shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

b. Not more than 20 units per acre shall be permitted.

c. Adequate lighting on walkways, driveways, and parking areas shall be required.

62. Insulating materials in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for the manufacture or production of chemicals in the M-2 District shall be complied with.

63. Kennels (commercial or noncommercial) in the A-1 and A-2 Districts. (8/6/02)

a. All animals shall be kept within an enclosed structure and no structure or animal enclosure shall be located closer than one hundred (100) feet to a property boundary.

b. Adequate provisions shall be made for the proper disposal of animal waste.

c. Buildings to house animals shall be constructed with materials so as to deaden noise, such as concrete, etc.

d. In no case shall the parcel be less than ten (10) acres in size.

64. Laboratories in the B-5 and M-2 Districts. (8/9/94)

a. The site shall contain a minimum of two acres.

b. A plan of operation shall be submitted to the Planning, Development & Extension Education Committee along with a plan for the storage and disposal of chemicals and other hazardous materials. The Planning, Development & Extension Education Committee shall also be informed as to the potential hazards and general areas of experimentation. Furthermore, in the event that those general areas of experimentation are later changed, the Planning, Development & Extension Education Committee shall be so informed. (11/5/84)

c. A fire prevention and protection plan, along with a security plan for the premises shall be presented to the Planning, Development & Extension Education Committee for review and consideration. (11/5/84)

d. A performance bond may be required by the Planning, Development & Extension Education Committee so as to insure compliance with the conditions imposed by the Planning, Development & Extension Education Committee. (11/5/84)

65. Lacquer, paint, stain, varnish and allied products in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for the manufacture or production of chemicals in the M-2 District shall be complied with.

66. Livestock sales facilities in the A-3 and M-2 Districts.

a. The site shall contain a minimum of five acres.

b. A detailed site plan shall be submitted to the Planning, Development & Extension Education Committee showing all buildings and distances between said buildings. (11/5/84)

c. A traffic plan showing ingress and egress for trucks using said facility shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

d. A plan of operation including hours of operation shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

e. A plan shall be submitted to the Planning, Development & Extension Education Committee setting forth proper removal and disposal of all animal waste. (11/5/84)

f. This facility shall be for the primary purpose of the sale of livestock and livestock shall not be kept in this facility for more than 48 hours after delivery.

g. All buildings housing livestock shall be 500 feet from any property boundary line.

h. A detailed storm water drainage plan between all buildings and livestock areas shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

67. Living quarters for watchmen and caretakers in the M-2 District.

a. A site plan shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

b. Not more than one such living quarters shall be permitted per parcel.

c. Said living quarters shall not exceed 1,000 square feet.

d. Said conditional use permit terminates at such time as the aforementioned quarters are no longer used as living quarters for watchmen or caretakers.

68. Locker plants in the B-5 District. (8/9/94)

a. A detailed site plan and plan of operation shall be presented to the Planning, Development & Extension Education Committee.

b. No meat packing or processing shall be permitted.

69. Lubricating oils and greases in the M-2 District

a. The requirements set forth for the granting of a conditional use permit for the manufacture or production of chemicals in the M-2 District shall be complied with.

70. Malt production in the A-3, M-1 and M-2 Districts.

a. A site plan and plan of operation shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

b. Increased performance standards relating to odors may be required by the Planning, Development & Extension Education Committee. (11/5/84)

71. Manufacturing of cement or concrete products in the M-3 District.

a. The site shall not be closer than 300 feet to any navigable water.

b. The following plans shall be submitted to the Planning, Development & Extension Education Committee: site plan, traffic flow plan, security plan, plan of operation, and environmental protection plan. (11/5/84)

c. Increased performance standards may be required by the Planning, Development & Extension Education Committee along with a performance bond to insure compliance with the conditions set forth by the Planning, Development & Extension Education Committee for the issuance of a conditional use permit. (11/5/84)

72. Manufacturing of lime, gypsum or plaster of paris in the M-3 District.

a. Those requirements set forth for the granting of a conditional use permit for the manufacturing of cement or concrete products in the M-3 District shall be complied with.

73. Manufacturing, processing and storage of building materials, explosives, dry ice, fat, flammables, glue, grains, grease, lard, plastic, radioactive materials, shellac, soap, tires, turpentine, vine-gar, and yeast in the M-2 District

a. Those requirements set forth for the granting of a conditional use permit for the manufacturing of cement or concrete products in the M-3 District shall be complied with.

b. A report shall be filed with the Planning, Development & Extension Education Committee indicating the type of materials to be manufactured, processed or stored on the site and the potential hazards and dangers incurred in the manufacturing, processing and storage of said materials. (11/5/84)

74. Manufacture of substances where EPA certified priority pollutants such as Naphthalene, Phenols, and Polychlorinated Biphenyls (PCBs) may be a by-product of such operation in the M-4 Sanitary Landfill and Hazardous Waste Disposal District. (8/20/91)

a. A plan of operation shall be submitted to the Planning, Development & Extension Education Committee together with an environmental impact statement (EIS) assessing the effect the operation will have on the environment. Copies of all plans shall also be reviewed by the Kenosha County Office of Emergency Government. Any storage of products manufactured shall be identified in the plans. The operational plan shall set forth in detail the hours of operation, all mechanical and pollution control equipment and processes, plant security and pollution monitoring. The Planning, Development & Extension Education Committee shall also be informed as to the potential hazards of the materials to be stored or transported.

1) The County may hire an independent expert to evaluate the EIS. The cost of the EIS shall be borne by the permit applicant. A surety in the form of an irrevocable letter of credit of not less than $25,000 shall be provided to guarantee payment for the review.

b. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee which shall include, but is not limited to, a security plan showing location and type of fencing and showing how loading/unloading area will be protected; a parking plan; a site drainage plan; and a landscaping plan.

c. A fire prevention and fire protection plan shall be presented to the Planning, Development & Extension Education Committee for review and consideration.

d. A transportation and traffic flow plan shall be prepared showing the means and the routes for transporting materials. The plan shall identify what manufacturing wastes will be disposed of, where and by what means they will be disposed, and the potential hazards of manufacturing waste disposal.

e. An emergency plan setting forth precautions and procedures (including evacuation) in the event of an accidental spill of material shall be presented to the Planning, Development & Extension Education Committee for review and consideration.

f. The transportation and traffic flow plan and the emergency plan shall be reviewed by the Kenosha County Office of Emergency Services.

g. All applicable state and federal permits and approvals governing the handling and disposal of medical wastes shall be secured. Copies of all permits shall be submitted with the conditional use permit application.

h. No carcinogen manufacturing operation shall be located closer than 2,500 feet from a residential district or use, 2,500 feet from a navigable body of water, or within a floodplain. No carcinogen manufacturing operation shall be located closer than 5,000 feet to a school, hospital, nursing home or other institution. Minimum separation distances shall be measured from principal building to principal building.

i. A performance bond shall be required by the Planning, Development & Extension Education Committee so as to insure compliance with the conditions imposed by the Planning, Development & Extension Education Committee. Such bond shall also cover County monitoring, cleanup and restoration costs for which the applicant shall be responsible as well as for personal injury and property damage caused by the accidental or intentional discharge of an environmentally hazardous substance.

j. The County shall be permitted access to the plant at all times for purposes of inspection of operations and records.

k. The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period of two years by the Planning, Development & Extension Education Committee after review of the performance of the operation. Modifications or additional conditions may be imposed upon application for renewal including an increase in the amount of any bond.

l. Violation of federal or state permits or environmental laws, rules, or regulations shall be prima facia evidence of a violation of the conditional use permit and grounds for revocation of the permit.

m. The conditional use permit shall not be transferable or assignable without the approval of the Kenosha County Board of Supervisors.

75. Marinas in the FPO Floodplain Overlay District. (3/1/94)

a. Those requirements set forth for the granting of a conditional use permit for bridges and approaches in the FPO District shall be complied with.

b. A detailed site plan, plan of operation and environmental protection plan shall be presented to the Planning, Development & Extension Education Committee.

c. Increased performance standards may be required by the Planning, Development & Extension Education Committee along with performance bonds to insure compliance with the conditions set forth by the Planning, Development & Extension Education Committee.

76. Marinas and marine sales and service in the PR-1 District.

a. A detailed site plan and plan of operation shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

b. A plan for the storage of fuels and other combustible matter shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

77. Marine sales and service in the B-3 District.

a. Those requirements set forth for the granting of a conditional use permit for marinas and marine sales and service in the PR-1 District shall be complied with.

78. Meat packing, slaughterhouse and production of sausages and other meat products in the A-3 and M-2 Districts.

a. Those requirements set forth for the granting of a conditional use permit for animal reduction in the M-2 District shall be complied with.

b. No permit shall be issued unless all operations are conducted within an enclosed building.

79. Medical waste incinerators and medical waste processing facilities in the M-4 Sanitary Landfill and Hazardous Waste Disposal District. (8/20/91)

a. A plan of operation shall be submitted to the Planning, Development & Extension Education Committee together with an environmental impact statement (EIS) assessing the effect the operation will have on the environment. Copies of all plans shall also be reviewed by the Kenosha County Office of Emergency Government. Any storage of medical wastes or other hazardous wastes shall be identified in the plans. The operational plan shall set forth in detail the hours of operation, all mechanical and pollution control equipment and processes, plant security and pollution monitoring. The Planning, Development & Extension Education Committee shall also be informed as to the potential hazards of the materials to be stored or transported.

1) The County may hire an independent expert to evaluate the EIS. The cost of the EIS shall be borne by the permit applicant. A surety in the form of an irrevocable letter of credit of not less than $25,000 shall be provided to guarantee payment for the review.

b. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee which shall include, but is not limited to, a security plan showing location and type of fencing and showing how loading/unloading area will be protected; a parking plan; a site drainage plan; and a landscaping plan.

c. A fire prevention and fire protection plan shall be presented to the Planning, Development & Extension Education Committee for review and consideration.

d. A transportation and traffic flow plan shall be prepared showing the means and the routes for transporting materials. The plan shall identify what medical and hazardous wastes will be disposed of, where and by what means they will be disposed, and the potential hazards of said waste disposal.

e. An emergency plan setting forth precautions and procedures (including evacuation) in the event of an accidental spill of material shall be presented to the Planning, Development & Extension Education Committee for review and consideration.

f. The transportation and traffic flow plan and the emergency plan shall be reviewed by the Kenosha County Office of Emergency Services.

g. All applicable state and federal permits and approvals governing the handling and disposal of medical wastes shall be secured. Copies of all permits shall be submitted with the conditional use permit application.

h. No medical waste incinerator or medical waste reduction facility shall be located closer than 2,500 feet from a residential district or use, 2,500 feet from a navigable body of water, or within a floodplain. No medical waste incinerator or medical waste reduction facility shall be located closer than 5,000 feet to a school, hospital, nursing home or other institution. Minimum separation distances shall be measured from principal building to principal building.

i. A performance bond shall be required by the Planning, Development & Extension Education Committee so as to insure compliance with the conditions imposed by the Planning, Development & Extension Education Committee. Such bond shall also cover County monitoring, cleanup and restoration costs for which the applicant shall be responsible as well as for personal injury and property damage caused by the accidental or intentional discharge of an environmentally hazardous substance.

j. The County shall be permitted access to the plant at all times for purposes of inspection of operations and records.

k. The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period of two years by the Planning, Development & Extension Education Committee after review of the performance of the operation. Modifications or additional conditions may be imposed upon application for renewal including an increase in the amount of any bond.

l. Violation of federal or state permits or environmental laws, rules, or regulations shall be prima facia evidence of a violation of the conditional use permit and grounds for revocation of the permit.

m. The conditional use permit shall not be transferable or assignable without the approval of the Kenosha County Board of Supervisors.

80. Millwork, lumberyards, sawmills and planing mills in the B-5, M-1, and M-2 Districts. (8/9/94)

a. A detailed site plan, traffic plan, security plan, fire protection plan, and plan of operation shall be presented to the Planning, Development & Extension Education Committee.

81. Mini-bike trails in the PR-1 District.

a. A detailed site plan and plan of operation shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

b. A safety plan shall be presented to the Planning, Development & Extension Education Committee indicating speed limits and the posting thereof along with other warning and cautionary signs. (11/5/84)

82. Mini-warehouses in the B-3 and B-5 Districts. (8/6/02)

a. A detailed site plan, traffic plan, security plan, fire protection plan, landscape plan, and plan of operation shall be presented to the Planning, Development & Extension Education Committee.

b. All lighting shall be shielded and directed as to not shine on to abutting properties or the highway right-of-way.

c. All buildings shall be completely constructed of decorative brick, block, and/or masonry.

d. The property shall be fenced with a six-foot-high security fence.

e. All parking areas, service drives, and access drives shall be paved.

83. Mobile Home/Manufactured Home Parks in the R-12 District (9/5/06)

a. The requirements set forth in all applicable provisions of the Wisconsin Administrative Code and amendments thereto shall be complied with.

b. The minimum park size shall be ten (10) acres.

c. Minimum park width shall be Four Hundred Fifty (450) feet

d. The maximum number of mobile home/manufactured home sites shall be 8 per gross acre and shall be supplied by community water facilities.

e. The minimum open space provided shall be twenty percent of the development area, exclusive of streets.

f. The minimum lot area for a single module mobile home/manufactured home shall be 5,000 square feet. The mobile home/manufactured home lot shall be a minimum of 50 feet in width.

g. The minimum lot area for a double module mobile home/manufactured home shall be 6,000 square feet. The mobile home/manufactured home lot shall be a minimum of 60 feet in width.

h. The minimum setback for a mobile home/manufactured home park shall be 65 feet from the right-of-way line of a state trunk or county trunk highway and 45 feet from all other roads.

i. The minimum distance between mobile home/manufactured home units and all other exterior park lot lines shall be 45 feet.

j. The minimum distance between mobile home/manufactured home and internal service roads shall be 20 feet.

k. The minimum distance between mobile home/manufactured home trailers shall be 20 feet.

l. All drives, parking areas, and walkways shall be surfaced with dust-free material. There shall be two (2) parking spaces for each mobile home/manufactured home. All public or private roadways shall have a minimum road right-of-way of 66 feet and shall meet all town standards for road construction.

m. All mobile homes/manufactured homes shall be securely anchored to the ground so as to minimize storm damage.

n. No mobile home/manufactured home sales office or other business or commercial use shall be located on the mobile home/manufactured home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage, and one (1) office are permitted as long as it is related to the general operations of the park.

o. Each mobile home/manufactured home park shall be completely enclosed, except for permitted entrances and exits by:

1) A temporary planting of fast growing material, capable of reaching a height of ten (10) feet or more and

2) A permanent evergreen planting, the individual trees to be of such number and so arranged that within ten (10) years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than ten (10) feet.

p. All mobile homes shall meet the construction standards of the Mobile Home Manufacturing Association and any other requirements set forth by the Wisconsin Statutes or Wisconsin Administrative Code. All manufactured homes shall have a HUD (U.S. Department of Housing and Urban Development) label or insignia certifying that it is built in compliance with the Federal Manufactured Housing Construction Standards as set forth in the United States Code of Federal Regulations.

q. No mobile home/manufactured home site shall be rented for a period of less than 30 days.

r. The mobile home/manufactured home park shall meet the requirements of all local ordinances and State administrative rules regarding mobile homes/manufactured homes and mobile home/manufactured home parks and in the event of a conflict between said ordinances, statutes or rules, the more restrictive requirement shall be complied with.

s. Copies of all licenses required by section 66.0435(1) to (8) of the Wisconsin Statutes shall be obtained and presented to the committee for review.

84. Model apartments and model condominiums and related temporary real estate sales office located within the model unit in the R-9, R-10 and R-11 Districts.

a. Models may be located in all new subdivisions for a period not to exceed three years from the date of issuance of a zoning permit.

b. Models shall not be used as a real estate office other than incidental to showing the model dwelling.

c. Models shall be designed in such manner as they will blend with existing neighborhood environments.

d. Models shall not be opened beyond 9:00 p.m.

e. One sign shall be permitted provided, however, that it is no larger than four feet by six feet and provided further that in the event that said sign is lighted, there is no flashing or traveling lights associated with said sign.

f. Proper exterior maintenance of the property shall be provided such as maintaining the lawn and yard, removal of snow, etc.

g. Models shall be completely landscaped and have a paved driveway within one year from the date of issuance of the zoning permit.

h. No parking lots shall be created that would not normally be found in a single-family development.

i. Sufficient parking shall be provided on subdivision roads and in model home driveways, but in no case shall the parking be allowed on any federal, state, county or town highway. Any parking on subdivision roads shall be done in such a manner as to minimize congestion to the surrounding neighborhood.

j. In those cases where five or more homes are developed into a “parade of homes", the developer shall provide sufficient temporary off-street parking for the duration of the exhibit. This parking need not, however, be paved or graveled.

85. Model mobile home and related temporary real estate sales office located within the model unit in the R-12 District.

a. Those requirements set forth for granting a conditional use permit for model apartments and model condominiums and related temporary real estate sales office located within the model unit in the R-9, R-10 and R-11 Districts shall be complied with.

86. Model single-family home and related temporary real estate sales office located within the model unit in the R-1 and R-2 Districts.

a. Those requirements set forth for granting a conditional use permit for model apartments and model condominiums and related temporary real estate sales office located within the model unit in the R-9, R-10 and R-11 Districts shall be complied with.

87. Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit in the R-3, R-4 and R-5 Districts.

a. Those requirements set forth for granting a conditional use permit for model apartments and model condominiums and related temporary real estate sales office located within the model unit in the R-9, R-10 and R-11 Districts shall be complied with.

88. Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit in the R-7 and R-8 Districts.

a. Those requirements set forth for granting a conditional use permit for model apartments and model condominiums and related temporary real estate sales office located within the model unit in the R-9, R-10 and R-11 Districts shall be complied with.

89. Motor freight in the M-2 District

a. Those requirements set forth for the issuance of a conditional use permit for freight terminals in the M-1 and M-2 Districts shall be complied with.

90. Reserved for future use

91. Municipal Water Supply and Sanitary Sewerage Systems in the FPO District. (3/1/94)

a. Those requirements set forth for granting a conditional use permit for bridges and approaches in the FPO District shall be complied with.

b. The system must be floodproofed to an elevation at least two (2) feet above the elevation of the 100-year recurrence interval flood, and be designed to eliminate or minimize infiltration of floodwaters into the system. Certification of floodproofing shall be made to the Office of Planning and Zoning and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood level for the particular stream reach.

92. Navigational structures in the FPO Floodplain Overlay District. (3/1/94)

a. Those requirements set forth for granting a conditional use permit for bridges and approaches in the FPO District shall be complied with.

93. Nonresidential Buildings may be constructed and maintained in the C-1 District; provided, that: (11/5/86)

a. The building is essential for and used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals; or some other use permitted in the shoreland-wetland district;

b. The building cannot, as a practical matter, be located outside the wetland;

c. Such building is not designed for human habitation and does not exceed 500 square feet in floor area; and

d. Only limited filling or excavating necessary to provide structural support for the building is authorized.

94. Offal in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for animal reduction in the M-2 District shall be complied with.

95. Outside storage and manufacturing in the M-2 District.

a. All outside storage and manufacturing areas a minimum of 300 feet from residential, institutional or park districts shall be enclosed by a solid fence with a minimum height of six feet; screen plantings may be required around the perimeter of the district where such perimeter abuts residential districts or where such a screen planting is deemed necessary or advisable depending on surrounding land uses.

b. A detailed site and security plan shall be required indicating the location of storage areas, the type of material to be stored and a list of all hazardous materials stored on the property along with precautions necessitated by the storage of such hazardous material.

c. Lighting shall be required for the storage and manufacturing areas provided, however, that the glare from said lighting does not shine on adjoining properties.

96. Packing and crating services in the M-1 and M-2 Districts.

a. All transfer of products shall be done at a loading dock facility.

b. Terminal roads, parking and loading areas shall be paved with dust-free material such as concrete and asphalt and shall be adequately lit.

c. A storm water drainage plan prepared by certified engineers shall be submitted to the Planning, Development & Extension Education Committee for approval. (11/5/84)

d. The site shall be fenced and secured.

e. Outdoor lighting shall not be permitted to shine on neighboring property.

f. Ingress and egress to the premises and the location of loading docks and storage of pallets shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

97. Park and recreational areas not including structures in the FPO District.

a. Those requirements set forth for granting a conditional use permit for bridges and approaches in the FPO District shall be complied with.

98. Park and Recreation Areas (public or private), natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads in C-1 District; provided, that: (11/5/86)

a. Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Chapter 29, Wisconsin Statutes, where applicable;

b. Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in Section 12.40.080(b)(109a) of this Ordinance, and;

c. Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

99. Penal, reform, disciplinary and mental institutions in the I-1 District.

a. A statement of intent shall be filed with the Planning, Development & Extension Education Committee indicating the type of facility that is being proposed, the type of individuals to be housed in the facility along with a listing of their needs and the problems they have encountered, whether the facility is to be a maximum security facility or a minimum security facility or other such designation, the maximum number of inmates or patient that will be residing at the facility, and the number of personnel to be employed by the facility and the type of employment that each will be engaged in. (11/5/84)

b. A site plan shall be presented in detail and include therein all internal road systems and the location of all buildings and security devices.

c. A plan of operation shall be submitted setting forth the security system to be employed on the site, the number of personnel employed on each shift, fire and police protection that will be relied upon in the event of an emergency, alternate security systems and back-up systems, especially where electronic security devices are used, the type of supervision to be employed in the facility including the job descriptions and requirements for all employees, and what medical facilities will be relied upon in the event of an emergency.

d. All appropriate licenses to be issued by federal, state and/or local governing bodies or agencies shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

e. An impact statement shall be required so as to better enable the Planning, Development & Extension Education Committee to determine the effect of such a facility on the community with such statement addressing itself to the social, economic and environmental impact on the County and addressing itself to, without limitation due to enumeration, the effect of such a facility on local and county law enforcement agencies, local and county fire protection requirements, the County court system, property values in surrounding areas, sanitation requirements, increased highway and transportation needs, employment, housing, schools, the surrounding environment, and the cost of the increase in services to county taxpayers. (11/5/84)

1) The aforementioned impact statement is to be prepared by a consultant chosen by the County board of supervisors and paid for by the applicant. Such impact statement shall list problems incurred by other facilities of a similar nature, be they in or outside of the state of Wisconsin.

2) Any problems, hazards, nuisances, danger, harm, noxiousness or offensiveness brought out by such impact statement may be addressed by the Planning, Development & Extension Education Committee and may form the basis for additional conditions being imposed upon the applicant. (11/5/84)

f. Mindful of the dangers and hazards imposed by both fire and nuclear radiation and the proximity of Kenosha County to the Zion nuclear plant, an evacuation plan setting forth in detail the method and manner for mass evacuation in the event of an emergency shall be required. In lieu thereof, a shelter facility shall be provided on the facility to adequately service the needs of employees and residents in the event of emergency.

g. The site shall contain a minimum of 300 acres.

h. Structures shall be at least 1500 feet from any boundary line and all structures shall be at least 2500 feet from any residential, commercial, manufacturing or other institutional district.

i. Structures shall contain living areas of not less than 90 square feet per occupant.

j. A solid reinforced concrete wall, at least 24 inches wide and 25 feet in height shall completely encircle all prison and penal institutions and no building may be located closer than 75 feet to said wall.

k. Three chain link fences at least 30 feet apart shall be located outside the prison wall. Within the inner fence there shall be an electronic surveillance system between the fence and the prison wall and between all chain link fences there shall be spread out on the ground three-foot diameter coils of barbed steel tape for maximum security institutions.

l. The grounds and all areas within the aforementioned chain link fences shall be adequately lit at night and an emergency electrical generation station shall be provided for in the event of an emergency.

m. The facility shall be on public sewer and water.

n. The street frontage shall be landscaped in such a manner as to achieve a height of ten feet or more by way of a temporary planting of fast growing material and shall also provide for a permanent evergreen planting, the individual trees to be of such number and so arranged that within ten years, they will have formed a dense screen, with such permanent planting growing or being maintained to a height of not less than ten feet. Details as to plant materials, size and design of planting as well as time tables must be submitted with the application for a conditional use permit.

o. In the case of mental institutions, or in the case of juvenile detention facilities, minimum security, penal institutions, and reformatories, the aforementioned conditions may be modified as deemed appropriate by the Planning, Development & Extension Education Committee. (11/5/84)

100. Pet kennels---(see Kennels)

101. Petroleum bulk stations and terminals in the M-1 and M-2 Districts.

a. A detailed site plan and environmental impact study shall be submitted with the application for a conditional use permit.

b. The plan for the storage of fuels and the security to be provided on the site along with a fire protection plan shall be submitted to the Planning, Development & Extension Education Committee for review, consideration and approval. Such plans shall also designate the type of fencing that will surround the storage of such materials and the lighting of the premises. (11/5/84)

c. No storage shall be permitted within 300 feet of any shoreland or floodplain.

d. A statement of intent shall be filed with the Planning, Development & Extension Education Committee indicating the type of fuels to be stored and the manner of storage. In the event of subsequent modification of the type of materials or manner for storing materials, the aforementioned plan shall be updated. (11/5/84)

e. All federal and state pollution guidelines shall be complied with.

f. All federal, state and local permits shall be filed with the Planning, Development & Extension Education Committee. (11/5/84)

g. A detailed drainage plan, traffic plan and loading plan shall be presented to the Planning, Development & Extension Education Committee along with the location of any pipelines. (11/5/84)

h. Storage shall not be permitted closer than 1500 feet to any residential, commercial, industrial or institutional district.

102. Plastic materials and synthetic resins, synthetic rubber, and synthetic and other man-made fibers and products in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for the manufacture or production of chemicals in the M-2 District shall be complied with.

103. Poison in the M-4 District. (8/20/91)

a. Those requirements set forth for the manufacture or production of chemicals in the M-2 District shall be complied with.

104. Power and heat generating plants in the M-2 and I-1 Districts.

a. The issuance of a conditional use permit for electrical and steam generating plants in the M-2 District shall be complied with.

b. An impact statement may be required by the Planning, Development & Extension Education Committee setting forth the economic, social and environmental impact of such a project on the community. (11/5/84)

105. Processing and packaging of animal bedding in the A-3 District. (8/20/91)

a. A detailed site plan, traffic plan, security plan, fire protection plan, and plan of operation shall be presented to the Planning, Development & Extension Education Committee.

b. Bedding materials may be processed from straw, hay, or other natural bedding materials; or may be processed from recycled paper or cardboard, or wood shavings.

c. Recycling of other materials; or recycling to create a product other than animal bedding shall be prohibited.

d. No outside storage of bedding materials or processing waste shall be permitted on the site.

106. Processing of hardwood dimension, flooring, veneer and plywood in the M-1 and M-2 Districts.

a. A detailed site plan and plan of operation shall be submitted to the Planning, Development & Extension Education Committee with said plans indicating the type of material to be stored on the premises, its location, the security to be provided on the premises including fencing and lighting. (11/5/84)

b. Roads shall be paved or maintained in a dust-free condition.

c. A drainage plan shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

d. Ingress and egress to the premises and the location of loading docks shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

107. Production of animal and marine fats and oils in the A-3 and M-2 Districts.

a. Those requirements set forth for the granting of a conditional use permit for animal reduction in the M-2 District shall be complied with.

108. Production of shortening, table oils, margarine and other edible fats and oils in the A-3 and M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for animal reduction in the M-2 District shall be complied with.

109. Public water measuring and control facilities done in accordance with the provisions of section NR116.17 of the Wisconsin Administrative Code in the FPO Floodplain Overlay District. (3/1/94)

a. Those requirements set forth for the granting of a conditional use permit for bridges and approaches in the FPO District shall be complied with.

110. Quarrying and other nonmetallic mining in the M-3 District. (8/9/94)

a. An application for quarrying and other nonmetallic mining shall include:

1) The name, address, telephone number. The name, address and telephone number of the operator, and the name, address, and telephone number of the owner of the site, if the operator is not the owner.

2) A copy of the operator’s deed to the site, contract to purchase the site, or lease authorizing the operator to conduct quarry or other nonmetallic mining operations on the site. The expiration date of any lease shall be clearly indicated thereon.

3) A legal description of the proposed quarry or other nonmetallic mining site and the total number of acres involved.

4) A list of all other quarry or nonmetallic mining permits or licenses held by the operator, including the name, address, and telephone number of each permitting or licensing entity.

5) A general location map of the site.

b. Survey Required. Five (5) copies of a survey, drawn to a scale of no less than one inch equals 200 feet, which shall include the following:

1) The boundaries of the quarry or other nonmetallic mining site.

2) Topography of the site and all lands within 200 feet thereof, at intervals no larger than two feet.

3) Location and names of all streams, lakes, ponds, roads, railroads, utility lines, and pipelines on or immediately adjacent to the site.

4) Location of all structures.

5) Boundaries and elevations of previous excavations on the site.

6) Location and description of mining site boundary stakes and permanent reference point.

c. Zoning of the site and of all properties within 500 feet of the boundaries of the site.

d. Photographs (8" x 10") of the site and its surroundings, including photographs of all potentially sensitive or important aspects of the site or neighboring properties, and, if available, an aerial photograph of the site and its surroundings (usually available from the Southeastern Wisconsin Regional Planning Commission).

e. An operations plan, in which all horizontal and vertical measurements are referenced to a permanent reference point, consisting of maps, diagrams, narrative documents and other materials describing and explaining in detail the nature of the operations, the methods and procedures to be used in mining the site and in processing and otherwise dealing with the mined materials, the methods and procedures to be used in eliminating or minimizing adverse impacts or effects of the proposed operations, and a proposed timetable for completion of the operations and of the various stages of the operations, and which shall contain, without limitation, the following:

1) Type and total volume of desirable material to be extracted, and the estimated annual volume to be extracted, identifying the assumptions on which such estimate is based; and the type and volume of waste material to be stripped or extracted.

2) Type of mining, processing, and transportation equipment to be used.

3) Timetable for the commencement, and to the extent practical, duration, and cessation of the mining operations and, if seasonal operations are intended, the months during which operations will be conducted.

4) Anticipated hours and days of operation, specifying differences between various aspects of the operations, if applicable.

5) Market area to be served by the operation.

6) Means of transporting mined materials from the site and the primary travel routes to be used.

7) Whether haul trucks will be owned by the operator or others.

8) Boring descriptions to the total depth of the proposed operation, describing each formation in terms of thickness and other relevant characteristics, sufficient borings shall be conducted to describe the type and quality of material to be extracted, to calculate the amount of desirable material to be mined and the amount of waste material to be disposed of, and to demonstrate that an adequate supply of desirable material is located at the site to justify the adverse impacts of the operation. Borings shall be referenced to a permanent reference point.

9) A detailed description and explanation of all methods used to control and monitor noise.

10) A detailed description and explanation of all methods used to control and monitor dust and mud tracking.

11) A detailed description and explanation of all methods used to control and monitor ground vibrations.

12) A detailed description and explanation of all methods used to control and monitor airblast.

13) A detailed description and explanation of how the operator proposes to screen the operations from surrounding properties, streets and highways, including, without limitation, detailed plans for any proposed berming or landscaping.

14) A detailed description and explanation of how water will be collected, treated, and disposed of on the site, and of all methods used to avoid or control water pollution or sedimentation and to monitor the results of such controls.

15) A detailed description and explanation of how overburden and other waste materials will be stored, disposed of, or used.

16) Observed or estimated depth of groundwater, together with a description of the location(s) and date(s) of any observations and the basis for any estimates.

17) A detailed description and explanation of how the operator will avoid a drawdown of groundwater that will affect nearby wells and of all methods used to monitor the effects of the operation on the groundwater table.

18) A detailed statement of the following:

a) The beneficial aspects of the proposed operation.

b) The potential adverse impacts of the operation on humans residing or working in the vicinity of the operation which cannot be totally eliminated by proposed control measures.

c) The potential adverse environmental impacts of the operation which cannot be totally avoided by proposed control measures.

d) The potential adverse economic impacts of the operation on neighboring property owners and the County which cannot be totally avoided by the proposed control measures.

19) A detailed, step-by-step description and explanation of all aspects of the operations.

20) A detailed site plan, drawn to scale, showing the boundaries of the site, the proposed boundary of the area to be mined, the proposed location of permanent mining area markers, the final elevation of the area to be mined, and the locations and dimensions of proposed berms, haul roads, crushing, washing or other processing facilities, conveyors, stockpiles, loading areas, scales or other sales facilities, circulation routes and parking, offices, explosives storage facilities, and all other structures or specific operations areas.

21) With respect to any proposed blasting operations, a detailed description and explanation of the proposed blasting methodology, including, without limitation, drilling procedure (and how burden and depth of holes is measured), benching, the initiation system, type and sequencing of delays, the explosives used and a full description of a typical proposed production shot, including the height of the face, number of holes, size of holes, burden, spacing, and maximum pounds of explosives per delay.

22) If explosives are to be used in the operation, a detailed plan for the storage, handling and use of such explosives. Any such proposed procedures shall comply with all Federal, State and local regulations.

23) Map or diagram and narrative describing in detail the sequential stages of mining (including any shifts in the location of activities or facilities) or, if no stages are planned, a detailed description of how the operator plans to proceed with the mining operation. The map or diagram shall show the location of all phase boundary stakes.

24) A detailed plan showing and describing in detail erosion control measures to be used during and in connection with each aspect of the operation. Such plan shall describe, without limitation, how disturbed surfaces such as stripped areas, haul roads, berms, waste piles, stored topsoil and stockpiles will be dealt with to prevent erosion, sedimentation, fugitive dust and pollution of surface and groundwater, and how the operator proposes to minimize the area of erodible surfaces exposed at any one time. (In addition to any permit requirements, temporary stabilization measures may be ordered by the Planning, Development & Extension Education Committee or its designee to correct situations which are resulting in or are likely to result in erosion, sedimentation, fugitive dust or water pollution that is detrimental to adjoining properties or to the public health, safety, and welfare. Such temporary stabilization measures may include, without limitation, silt fencing, bale check dams, sod strips, riprap, hard surfacing with concrete or blacktop, slope reduction, seeding or sodding, erosion mat placement, mulching, and settling basin construction).

25) A plan describing and explaining in detail the handling of all water on the site, including, without limitation, the following:

a) Existing and proposed drainage on the site, showing contours at two-foot intervals.

b) The location and dimensions of all settling, retention or detention ponds, together with calculations demonstrating that such ponds are of adequate design to eliminate downstream sedimentation, erosion, or water pollution.

c) The estimated volume of water to be pumped out of the operations area, together with the assumptions, observations, and calculations on which such estimate is based.

26) A scale map of survey delineating all bodies of navigable water, all floodplains, all shorelands or shorelands wetlands zoning areas, all wetlands, and all primary environmental corridor areas on the site.

27) A detailed map or diagram and description of the location, type, height, and installation of proposed fencing.

28) If customers of the operator will pick up product at the site, a detailed description of how the operator will deal with haul trucks that arrive at the site before the site is open in the morning.

29) A detailed description of any highway modifications or improvements that are required or desirable to accommodate the anticipated truck traffic, including, for example, acceleration or turning lanes, traffic signals or reinforced pavement, the estimated cost of such improvements, and of any other required modifications of public infra-structure, and whether the operator proposes to pay for such modifications.

30) A detailed traffic study demonstrating that the anticipated truck traffic can be safely accommodated on the proposed routes of travel.

31) A detailed description and explanation of the methods by which the operator proposes to determine whether the operation has damaged or diminished the value of nearby properties, including, for example, periodic evaluation of structures, wells and market value, and whether the operator is willing to reimburse persons for such losses.

32) If there are active wells within 1,000 feet of the quarry site, a hydrogeological study to determine whether and to what extent the operation is likely to draw down the groundwater table to an extent that wells will or may be impaired.

33) A listing of all Federal, State, or local permits or approvals, which are required in connection with any aspect of the proposed operation.

34) A detailed description of all structures or areas of archeological or historic interest on the site, and a detailed explanation of how the operation will affect such structures or areas.

35) A detailed description of, explanation of the function of, and architectural renderings of all proposed structures.

36) Any other information or materials required to demonstrate that the proposed operation will result in no significant loss, harm or damage to neigh-boring property owners, to the County or to the public health, safety, and welfare, nor any serious risk of any such loss, harm or damage.

f. A reclamation plan, in which all horizontal and vertical measurements shall be referenced to a permanent reference point, consisting of maps, diagrams, narrative documents and other materials describing and explaining in detail the proposed reclamation of the site, the methods and procedures to be used for reclamation and a timetable for completion of various stages of the reclamation, and which shall contain, without limitation, the following:

1) A detailed description of the topsoil stripping and separation process, the location of topsoil storage, and the methods of stabilization and conservation that will be used during storage.

2) A detailed reclamation site plan and description of the site when fully reclaimed, showing topography at two-foot intervals, drainage patterns, landscaping, structures, any water impoundments or lakes, and the proposed end use(s). To the extent that restoration will take place in stages, or incrementally, provide such site plan and description for each appropriate stage.

3) The estimated elevation of the water’s surface in any lake or impoundment, referenced to a permanent reference point, and a detailed explanation for the basis of such estimate.

4) Detailed landscaping plans, showing the location, species, species and size of the trees, shrubs and other vegetation to be planted or seeded, and the approximate time frame or such planting or seeding.

5) Detailed cross-section diagrams, drawn to scale, showing at appropriate illustrative locations (which should be indicated on the reclamation site plan(s) the reclaimed topographic features, including, without limitation, elevations slopes, high wall reductions, benching, terracing, and other stabilization and utilitarian features.

6) Detailed topsoil application, seeding and/or sodding plan, describing the location, methods and thickness of topsoil application, seed types, seeding rates, and mulching netting and/or other techniques used to accomplish soil and slope stabilization.

7) Detailed plan for the disposal of all structures, roads, and other facilities not incorporated into the final reclamation plan.

8) Estimated cost of reclamation, by phase, with accompanying supportive estimates and calculations, and the proposed form of any security documents.

9) A detailed description of how potentially dangerous conditions will be rendered safe and useful, e.g., by reducing sheer high walls to provide for access to the water, shallow areas suitable for swimming and fish propagation, climb-out areas, etc. To the extent practicable, a timetable for the commencement, duration, and cessation of reclamation activities, by stage.

10) Any other information or materials required to demonstrate that the proposed reclamation will result in a safe, useful, and aesthetically pleasing site.

g. Additional Information. The Planning, Development & Extension Education Committee and its designees may require the submittal of such additional information or materials as may be necessary or desirable to determine the nature and extent of the operations, the potential adverse impacts of such operations on neighboring property owners and the County in general, the appropriate methods to eliminate or mitigate potential adverse impacts and the appropriateness and effectiveness of the proposed reclamation.

h. Waiver of Application Requirements. The Planning, Development & Extension Education Committee may waive any specified information required to be submitted with the application for a permit if it is satisfied that such information is not relevant or is unnecessary to a full and effective evaluation of the proposed operation and reclamation, or if the cost of producing certain information is unreasonable in comparison to the usefulness of the information in the evaluation process. The Office of Planning and Development staff may preliminarily waive any application requirements on the same grounds, but such a preliminary waiver may be reversed by the Planning, Development & Extension Education Committee. In determining whether to waive application requirements, the Planning, Development & Extension Education Committee and the Office of Planning and Development staff shall take into account, without limitation, the nature and extent of the proposed operations, the surrounding existing and anticipated land uses, and whether and to what extent the operation pre-existed the effective date of this Section. It shall be the obligation of the applicant to request in writing any such waiver. Such request shall set forth the justification for such waiver.

i. Public Hearing for Nonmetallic Mining. Notwithstanding the public hearing requirements of Section 12.40.050 of this Ordinance, the Office of Planning and Development staff shall, upon receipt of a complete permit application, refer the application to the Planning, Development & Extension Education Committee for its consideration and the Committee shall schedule a public hearing on the application. The hearing shall be scheduled not earlier than sixty (60) days nor more than ninety (90) days after receipt of the application to provide time for the staff to review the application, but the Planning, Development & Extension Education Committee, for good cause shown, may order a modification of this requirement. Notice of the public hearing shall be published as Class 2 notice in a newspaper of general circulation within the County. In addition, notice of the public hearing shall be mailed to the operator, the owner of the site, and to the last known address of all owners of real property located within 300 feet of the boundaries of the site. This requirement of actual notice to persons other than the operator is precatory, and the failure to mail or receive such notice shall not invalidate any action taken by the Planning, Development & Extension Education Committee. At the hearing, the Planning, Development & Extension Education Committee shall hear and receive information or recommendations presented by the Office of Planning and Development staff and/or its consultants, information presented by the applicant or the applicant’s authorized agents and consultants, and information presented by members of the public. If the Planning, Development & Extension Education Committee determines that additional time or information is required, the public hearing may be continued from time to time at the direction of the Committee. The applicant shall be given an opportunity to respond to any adverse information or recommendation.

j. Decision. After the hearing, the Planning, Development & Extension Education Committee shall either grant or deny the permit application on the basis of express findings and conclusions. The Planning, Development & Extension Education Committee shall condition any permit granted upon compliance with specified operational and reclamation requirements, including the minimum requirements of this Section and the requirements of all other applicable County ordinances, except as such requirements may be appropriately modified by the Committee, and the requirements of all other applicable Federal, State, and local statutes, rules, regulations, ordinances and permits relating to blasting, mining, land use, highway access, air pollution, water pollution, contamination of the ground, solid waste disposal, navigable waters, groundwater, wetlands, floodplains, shorelands, and other environmental matters. The Committee may impose requirements which are in addition to, or more stringent than, the minimum requirements of this Section. In granting a permit, the Committee shall specify all aspects of the proposed plan of operations and plan of reclamation which are not approved. No application shall be granted unless the Committee first finds that the approved operations, as conditioned, will result in no significant loss, harm, or damage to neighboring property owners, to the County, or to the public health, safety or welfare, nor serious risk of any such loss, harm or damage, and that the approved reclamation will result in a safe, useful, and aesthetically pleasing site. In deciding upon an application regarding an operation that pre-existed the effective date of this Section, and was active on the effective date of this Section, the Planning, Development & Extension Education Committee shall take into account the nature, extent, circumstances, and past performance of the operation and shall modify the requirements of this Section to the extent necessary to ensure that the permit requirements are reasonable under the particular circumstances.

k. Term of Permit. Permits shall be granted for an initial term of two (2) years. Thereafter, permits may be renewed by the Planning, Development & Extension Education Committee for terms of two (2) years. Any permit issued pursuant to this Section shall automatically terminate upon the abandonment of the quarry or other nonmetallic mining operations.

l. Renewal. Applications for the renewal of a permit shall be filed with the County Clerk not later than ninety (90) days prior to the expiration date. Any information or materials required for an initial permit application shall be supplied with the application for renewal to the extent that such information or materials were not supplied with the prior application or to the extent that the previously supplied information or materials are out of date or no longer accurate and complete. Such an application shall be processed in the same manner as an initial permit application. In the event that a timely renewal application is not decided by the expiration date of the permit, the permit shall be deemed to be extended to the date of the Committee’s decision.

m. Amendment. In the event that the operator desires to make any material modification in the permitted operation or reclamation, the operator shall file with the County Clerk an application for an amendment to the permit. Such application shall describe in detail the proposed modification, explain the effects of the proposed modification, supplement and update the information and materials submitted with the prior application and make the certification required for renewal applications. Such an application shall be processed in the same manner as an initial permit application.

n. Review and Monitoring Fees. The applicant shall pay a fee equal to the cost of any administrative, legal, engineering, or consultant work which may be undertaken by the County in the review of a quarrying or nonmetallic mining permit application. Such fee may include the cost of any monitoring activity set forth as a condition of the permit issued.

o. Security. As a condition of any permit issued pursuant to this Section, the Planning, Development & Extension Education Committee shall require, and the operator shall promptly deposit with the County, an irrevocable letter of credit, cash, a bond or other security in an amount adequate to secure the obligation of the operator to restore the site to a safe, useful and aesthetically pleasing condition, in accordance with the approved restoration plan, to the extent of the mining operations if the operations were abandoned during the term of the permit. Any security instrument shall be in a form satisfactory to the County Corporation Counsel and shall be issued by a person satisfactory to the Corporation Counsel. Any cash deposited with the County shall be deposited in a segregated interest-bearing account and shall be used only for the required restoration. Any security shall be promptly released or returned to the operator, with any accrued interest, at the completion of the approved reclamation to the satisfaction of the Planning, Development & Extension Education Committee. The termination, expiration, or modification of a security instrument, in the absence of a renewal or replacement thereof or the making of other arrangements satisfactory to the Planning, Development & Extension Education Committee after review by the Corporation Counsel, shall be grounds for suspension of the operator’s permit.

p. Transfer. Permits issued under this Section may be transferred only with the prior written approval of the Planning, Development & Extension Education Committee. Such approval shall not be unreasonably withheld, but the Committee shall not approve any transfer in the absence of satisfactory arrangements regarding security and the prompt correction of any prior failure to comply with permit requirements.

q. Minimum Standards. The following are minimum standards for all operations commenced after the effective date of this Section, and to the extent reasonable, for all pre-existing operations contained thereafter.

1) The minimum setback of any excavation shall be two hundred (200) feet from any street right-of-way or property line. When the operations adjoin residentially developed land or residentially zoned land, the Committee shall carefully consider whether greater setbacks are required.

2) The minimum setback of any building, structure, storage area, parking area, or stockpile shall be one hundred (100) feet from any street right-of-way or property line.

3) Access ways and roads shall be maintained in a dust free condition either by oiling or by spraying with calcium chloride.

4) All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements, and damage to any street by slides, sinking, or collapse of supporting soil adjacent to an excavation. No extractive operation shall be conducted in a manner so as to lower the water table of surrounding properties.

5) No plan of reclamation shall be approved unless it will result in a safe, useful, and aesthetically pleasing site.

6) No reclaimed slope shall exceed a four-to-one ratio of horizontal distance to vertical distance; provided, however, that this requirement shall not apply to rock faces, and further provided that the Planning, Development & Extension Education Committee, for good cause shown, may modify this requirement.

7) After completion of operations, and in accordance with the approved rehabilitation map, the premises shall be cleared of debris, and a layer of soil capable of supporting vegetation shall be spread over the premises to a depth of at least six (6) inches, (except for areas under water) and shall be seeded with grass or other ground cover to prevent erosion.

111. Railroad depots in the B-2 and I-1 Districts.

a. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee and shall include the location of storage of any hazardous fuels and materials. (11/5/84)

b. A detailed plan of operation shall be presented to the Planning, Development & Extension Education Committee and shall include a plan for the security, fencing, lighting, and safety of individuals in the area. (11/5/84)

c. The depot shall be located in such a manner as to preclude trains at a stop from interfering with any motor vehicle traffic.

112. Railroad Line construction and maintenance in the C-1 District; provided, that: (11/5/86)

a. The railroad lines cannot as a practical matter be located outside of a wetland; and

b. Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.

113. Railroad terminals and freight yards in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for railroad depots in the B-2 and I-1 Districts shall be complied with.

b. An impact statement may be required by the Planning, Development & Extension Education Committee detailing the impact of such terminal or freight yard on other proper-ties in the general area. (11/5/84)

c. All outside storage of material shall be securely fenced.

d. Repairs of cars and locomotives shall be indoors.

e. Storage of junk parts shall not be permitted on the site.

f. Salvaging operations shall not be permitted on the site.

g. Internal roads, parking and loading areas shall be paved with dust free materials, such as concrete or asphalt or oiled so as to keep the area in a dust free condition.

h. A storm water drainage plan prepared by a certified engineer shall be submitted to the Planning, Development & Extension Education Committee for approval. (11/5/84)

i. Ingress and egress to the premises and location of loading docks shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

114. Recreational vehicle (RV) campground or subdivisions in the PR-1 District.

a. Recreational vehicle campgrounds and subdivisions are uses of land which require a unique site and direct accessibility. Generally, sites should be of such character that they are naturally well-screened by existing natural planting which affords primary seclusion. The use of lands for recreational vehicle parks inherently expresses the fact of minimum impact upon adjoining land uses. The express concern of an adequate site and direct accessibility from major thoroughfares are important factors which shall be considered in site selection and the final determination of an acceptable site for a recreational vehicle campground or subdivision.

b. The site shall contain at least twenty (20) acres and have an average width of a least three hundred (300) feet.

c. The site shall have direct access to a federal, state or county highway.

d. A site plan of one inch equals 100 feet, showing all improved lots, unimproved lots, structures, parking areas, roads, walkways, recreational areas and other service facilities shall accompany the application.

e. A preliminary drainage and utility plan shall be in compliance with the on-site detention regulation.

f. Each recreational vehicle campground or subdivision shall be completely enclosed, except for permitted entrances and exits by:

1) A temporary planting of fast growing material, capable of reaching a height of ten (10) feet or more and

2) A permanent evergreen planting, the individual trees to be of such number and so arranged that within ten (10) years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than ten (10) feet.

g. When the recreational vehicle campground or subdivision ceases to operate, accessory uses shall immediately cease.

h. The development may be developed for sale or rental, or may be developed as a condominium pursuant to Chapter 703 of the Wisconsin Statutes and amendments thereto.

i. RV developments shall be located on public sanitary sewer facilities except that where the development is based on rental sites and the development does not result in a permanent subdivision of land and the sale of lots or sites in fee simple absolute, said development shall be located on public sanitary sewer facilities or shall be served by a private treatment system approved by the Wisconsin Department of Natural Resources and the Wisconsin Department of Health and Social Services or Department of Industry, Labor and Human Relations--Plumbing Section, or any other applicable governing agencies.

j. RV developments shall be supplied by municipal or community water facilities or high capacity well.

k. RV developments shall, under no circumstances, in the case of recreational vehicle development as fee simple lots or RV condominiums, have a density exceeding 6.5 units per gross acre maximum and 20% of the total acreage shall be maintained in common open space areas. When a campground is developed on a basis of rental sites, such development shall, under no circumstances, have a density exceeding 12 units per gross acre maximum.

l. A general development plan for all proposed phases of development and a plan of operation shall be submitted with the application for a conditional use permit. Detailed plans shall be submitted before each phase is to be approved.

m. Developers shall submit for approval to the Kenosha County Planning, Development & Extension Education Committee before each proposed phase is to be approved a detailed landscaping plan along with a list of the type, number and size of the plantings with a time table for planting. The landscape plan must provide for sufficient screening and tree planting between individual lots or sites and between lots or sites in all common open space areas. Said landscape plan shall also be reviewed by the USDA Natural Resources Conservation Service for their recommendation with respect to minimizing soil erosion. (11/5/84)

n. All RV developments shall conform to the standards of the Kenosha County Subdivision Control Ordinance, of the Kenosha County Municipal Code as they pertain to this type of development when practicable, except that the standards of section 2.6 (Floodlands) and section 7.6 (Lots) shall not apply except as modified and provided for herein and also that modifications may be made with respect to the following items:

1) Minimum lot size shall be no less than 4,000 square feet per lot with a minimum lot width of 50 feet at the road and 50 feet wide at the RV pad. Frontage requirements may vary on cul-de-sacs, and curves with a centerline radius of 200 feet or less; provided, that the lot still maintains a minimum width of 50 feet at the RV pad and a lot area of 4,000 square feet and in no case shall a lot be less than 20 feet at the street.

2) All public or private streets shall have a minimum right-of-way of 66 feet. Cul-de-sacs shall have a minimum radius of 60 feet.

3) A lot may be located on a private street provided that the street meets town standards as they may pertain to pavement width and pavement construction materials.

o. An RV development may have one single-family residential dwelling unit with the development when used as the caretaker facility.

p. Lots within an RV development shall under no circum-stances be used or combined with other lots to create a residential building site.

q. All RV developments shall have extensive deed restrictions which will be furnished to the Kenosha County Planning, Development & Extension Education Committee for approval and will further be enforced by the owners through a property owner’s association provided for in the deed restrictions. These restrictions shall govern the use of all lots or sites, open space areas and all amenities which are to be part of the development. Where the development creates lots of fee simple absolute or condominiums on the face of the plat, it shall further state that all lots, sites, or open space areas may not be used or combined for residential, commercial or industrial development. (11/5/84)

r. No more than one (1) RV vehicle shall be located on a lot or site. Where lots are developed in fee simple absolute or condominiums, additional RV spaces shall be provided in a common overflow parking area having the necessary water and sanitary sewer facilities at a ratio of one (1) space for every ten lots or sites for visitors or guests’ RV vehicles. Overflow RV parking shall not be computed as part of the overall density. An RV development shall have, for both sales and rental, at least two (2) auto parking spaces per lot or site with common overflow or parking area in a ratio of one (1) space for every ten lots or sites. Tents may be permitted on RV lots or sites.

s. RV developments may have major accessory structures such as clubhouses, athletic facilities, shelters, restrooms, and major storage facilities located in common open space areas or outlots provided that they meet the necessary setback requirements of this Ordinance and in addition, that setbacks of not less than 30 feet be provided from the right-of-way of all private streets.

t. RV sites may have one (1) open deck no larger than 300 square feet in area and/or one (1) private storage building no larger than 80 square feet in area and eight (8) feet in height placed on each lot or site provided that it meets all necessary requirements as outlined in the deed restrictions which are approved by the Kenosha County Planning, Development & Extension Education Committee as it may pertain to design, dimensions and materials permitted for construction. Setbacks of not less than five (5) feet from all lot lines and 38 feet from the center line of street rights-of-way shall be provided. A zoning permit will be required for every open deck and/or storage building. Fences will only be permitted for a total development project and not for individual lots. (11/5/84)

u. RV developments may have one (1) commercial facility per development, such as a small convenience store, restaurants, snack bar, etc., located on the complex when designed for use by occupants only. Under no circumstances may this facility advertise for general street trade.

v. No RV lot or lots shall be used or converted for the use of a mobile home and/or mobile home parks.

w. RV development management shall prohibit the use of RVs that are not operable and currently licensed and further shall prohibit the use of enclosures, foundations or other means which tend to make the RV unit less mobile.

x. Additional restrictions or requirements may be imposed by the Kenosha County Planning, Development & Extension Education Committee and impact statements as deemed necessary by the Planning, Development & Extension Education Committee may be required. (11/5/84)

y. Lots in the PR-1 Park Recreational District shall provide sufficient area for the principal structure or use, and its accessory structures, off-street parking and loading, the disposal of sanitary waste if a public sanitary sewage system is not required pursuant to subsection 99 i, and required yards.

z. No building or part of a building shall exceed 35 feet in height.

aa. A minimum street yard (setback) of 65 feet from the right-of-way of all State trunk or County trunk highways, and 40 feet from all other roads shall be required.

bb. A minimum shore yard not less than 75 feet from the high water elevation of any navigable water.

cc. No building or structure shall be erected, placed, or moved closer than 40 feet to any other lot line.

dd. Every builder of any building hereafter erected or structurally altered in the PR-1 Park Recreational District shall, before a building permit is issued, present detailed plans and specifications of the proposed structure to the Kenosha County Planning, Development & Extension Education Committee, who will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion or otherwise endanger the public health or safety, or substantially diminish or impair property values within the community. (11/5/84)

115. Recreational vehicle, motor home or similar large size equipment or vehicle sales involving extensive outdoor display and storage in the B-3 District.

a. Those requirements set forth for the granting of a conditional use permit for automotive sales, service and repairs in the B-2 and B-3 Districts shall be complied with.

b. A detailed site plan and storm water drainage plan shall be submitted to the Planning, Development & Extension Education Committee for approval with said plans taking into consideration security, fencing, lighting, location of signs, and traffic and parking proposals. (11/5/84)

116. Recycling centers and warehousing of recovered resources in the M-2 and M-4 Districts. (8/20/91)

a. A site plan and plan of operation shall be submitted to the Planning, Development & Extension Education Committee.

b. Reclamation of sewage sludge, food wastes, and other organic material is prohibited.

c. Reclamation of carcinogens and other hazardous wastes is prohibited.

117. Refineries in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for petroleum bulk stations and terminals in the M-1 and M-2 Districts shall be complied with.

118. Rendering plants in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for animal reduction in the M-2 District shall be complied with.

119. Resorts in the PR-1 District.

a. A statement of intent outlining the type of recreational activities and facilities to be located on the site shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

b. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee along with proposals for sanitary facilities. (11/5/84)

120. Restaurants or taverns or cabarets (with live entertainment) in the B-3 District.

a. Ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

b. There shall be strict compliance with those performance standards set forth in this ordinance relating to noise, and where circumstances warrant, the performance standards in this ordinance relating to noise may be expanded.

c. There shall be strict compliance with all state and local laws relating to liquor and/or malt beverages and all local ordinances relating to cabarets.

121. Restaurants, bars and taverns with outdoor dining, recreation, entertainment in the B-2 and B-3 Districts. (8/6/02)

a. A site plan shall be submitted showing all proposed outdoor use areas including parking, landscaping and the location of existing structures.

b. Hours of use may be limited to prevent disturbance to abutting property owners

c. Lighting may be limited to prevent disturbance to abutting property owners.

d. There shall be no outside music speakers or live music.

e. Any approval granted must be in conformance with the restrictions of the liquor license issued for the establishment.

122. Repealed ()

123. Retail or Wholesale Sales of Manufactured Products on Premises in the M-1 and M-2 Districts.

a. All sales shall be in an enclosed structure separate from those structures wherein the products being sold are manufactured.

124. Riding stables and indoor riding arenas (public) in conforming A-1, A-2, and A-4 Districts. (8/6/02)

a. A detailed site plan and a plan of operation which details the operation shall be presented to the Planning, Development & Extension Education Committee.

b. Adequate provisions shall be made for the proper disposal of animal waste.

125. Road test facilities in the M-2 District.

a. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee for approval, with said plan specifying the location for the storage of hazardous fuels. (11/5/84)

b. The site shall contain a minimum of 30 acres and there shall be a minimum setback of 400 feet from any boundary line.

c. There shall be strict compliance with the performance standards set forth in this ordinance for noise control and where circumstances warrant, the standards set forth in this ordinance for noise control may be expanded upon.

d. The Planning, Development & Extension Education Committee may restrict the hours of operation of the facility. (11/5/84)

e. Lighting shall not be permitted to shine upon adjacent property.

f. The facility shall not be used for any form of public entertainment and shall be closed to the public during road testing.

126. Road construction and maintenance in the C-1 District; provided, that: (11/5/86)

a. The road is necessary to the conduct of agricultural cultivation or to a silvicultural activity;

b. The road cannot as a practical matter be located outside the wetland;

c. The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland;

d. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

e. Road construction activities are carried out in the immediate area of the roadbed only.

127. Reserved for future use.

128. Rummage sales and flea markets (permanent) in the B-3 District.

a. The site shall be securely fenced and adequately lit at night with the provision, however, that no night lights shall be permitted to shine upon adjoining property.

b. A site plan shall be presented to the Planning, Development & Extension Education Committee which shall delineate all sanitary facilities, fire lanes, parking, and proposed traffic routes. (11/5/84)

c. There shall be strict compliance with the performance standards set forth in this ordinance for noise, and where circumstances warrant, stricter standards may be imposed by the Planning, Development & Extension Education Committee for noise control. (11/5/84)

d. No permanent structure shall be permitted on the site.

e. No camping shall be permitted on the site.

129. Sanitary landfill operations in the M-4 District. (8/20/91)

a. A statement of intent shall be presented to the Planning, Development & Extension Education Committee indicating the type of material that will be placed on the site and whether or not said material is deemed hazardous, and the manner in which the material is to be buried. (11/5/84)

b. An impact statement shall be required addressing itself to the impact of the sanitary landfill operation on the surrounding environment, community, and economy.

c. A storm water drainage and tile plan prepared by a certified engineer shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

d. A detailed restoration plan and time table shall be submitted to the Planning, Development & Extension Education Committee. In the alternative, the applicant may satisfy this condition by meeting the requirements of sections 144.443 and 144.444 of the Wisconsin Statutes concerning financial responsibility and transference of responsibility. Evidence of satisfying this condition may be provided to the Planning, Development & Extension Education Committee. (6/2/92)

e. All state and/or federal licenses and permits shall be submitted to the Planning, Development & Extension Education Committee and all Federal and State laws and regulations shall be complied with. (11/5/84)

f. The requirements set forth in the Wisconsin Administrative Code, section NR 151 (NR 180) as amended from time to time shall be complied with and the issuance of a conditional use permit shall be conditioned on such compliance.

g. A detailed site and sanitary plan shall be presented to the Planning, Development & Extension Education Committee as well as a method of maintaining records of the source and type of waste deposited on the site and its location and date of deposit. (11/5/84)

h. Sanitary landfills shall not be permitted within 1200 feet of a residence or within a conservancy or floodplain district, nor shall such landfill be permitted within 300 feet of any shoreland area. In addition, sanitary landfills shall not be permitted within 1200 feet of any private or public water supply. To the extent that no environmental harm will occur, the Planning, Development & Extension Education Committee may grant a variance to any of the aforesaid separation requirements. (6/2/92)

i. The landfill owner/operator shall post a performance bond to insure proper operation, closure and long-term care of the proposed site. Compliance with Section 144.443 of the Wisconsin Statutes concerning “financial responsibility,” as amended from time to time, shall satisfy this condition. (6/2/92)

An additional bond shall be furnished to the County to insure against possible road damage to nearby roads due to heavy trafficking of materials.

j. Periodic inspections shall be made from time to time by the Department of Planning and Development.

k. The sanitary landfill shall be completely enclosed, except for permanent entrances and exits by either:

1) A temporary planting of fast growing material, capable of reaching a height of ten (10) feet or more and

2) A permanent evergreen planting, the individual trees to be of such number and so arranged that within ten (10) years, they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than ten (10) feet.

l. The conditional use permit may be revoked in accordance with the procedures set forth in section 12.40.070 of this Ordinance. (6/2/92)

m. In addition, any of the applicable requirements for granting a conditional use permit for mining or extraction of rock, etc., in the M-3 District may be required.

n. All Environmental Protection Agency regulations shall be complied with respect to, but not limited to:

1) Contamination of ground and underground water.

2) Limitation of explosive gases within landfill structures.

3) Monitoring

4) Obtaining water pollution discharge permits.

5) Collection and treatment of leachate before discharge.

6) Control of rats, flies, and mosquitos.

7) Daily covering of waste material.

8) Air quality and open burning of waste except for special wastes, as for example, brush, or emergencies

9) Security

10) Availability of water or dirt to control accidental or permitted fires.

11) Restriction of flood waters or reduction of water storage capacity of floodplains.

12) Bird hazards in the vicinity of airports.

13) Modifications of species habitat or interference with migration.

14) Hazardous wastes regulations.

130. School auditoriums, gymnasiums and stadiums in the I-1 District.

a. At least one off-street parking space shall be provided for every three seats located within the auditorium, gymnasium or stadium.

b. Ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

c. Night lighting shall not shine on adjoining property.

d. In the case of outdoor stadiums, the parking area shall be paved or maintained in a dust free condition.

131. Second single-family, farm related residential dwelling in the A-1 and A-4 Districts.

a. The need for more than one single-family dwelling to support and carry on the permitted or approved conditional use must be established to the satisfaction of the Kenosha County Planning, Development & Extension Education Committee before issuance of the conditional use permit. If approval is granted for a second farm dwelling, the additional dwelling shall be placed on a parcel separated from the farm parcel. (11/5/84)

b. A second farm dwelling shall provide a minimum lot area of five acres and no parcel shall be less than 300 feet in width at the highway right-of-way line. If any such aforementioned dwellings are provided with municipal sanitary sewerage services, the lot area requirement may be reduced to a minimum of 20,000 square feet and the lot width shall be not less than 125 feet. Any new five-acre parcel created as described above for a second single-family dwelling shall be approved only if it is located as contiguous as possible to existing lots or dwellings on the subject or adjacent ownerships.

c. The second single-family farm dwelling shall be occupied by a person who, or a family at least one member of which earns a substantial part of his or her livelihood, as defined in this ordinance, from farm operations on the parcel or is a parent or child of the operator of the farm.

d. The only accessory uses permitted in conjunction with the second single-family farm related residential dwelling shall be a garage or carport and home occupations.

132. Sewage treatment plants in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for sanitary landfill operations in the M-3 District may be required as deemed appropriate.

133. Ship and boat building and repair in the M-2 District.

a. A detailed site plan shall be presented.

b. Any outside storage of material shall be securely fenced.

c. Ingress and egress to the premises and the location of loading docks shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

134. Skeet and trap shooting ranges in the PR-1 District.

a. Those requirements set forth for the granting of a conditional use permit for archery and firearm ranges (outdoors) in the PR-1 District shall be complied with, with the exception that all shooting shall be in the direction of targets and all targets shall be at least 750 feet from any property line and with the further exception that firing shall not be permitted directly toward or over any navigable waters, public or private roads or drives, nor toward any buildings or structures, nor toward any population concentration within 3/4 of a mile of the site where rifles are used nor more than 1 mile from the site in those cases where a shotgun (fine shot) is used.

b. The Planning, Development & Extension Education Committee may restrict the hours of operation. (11/5/84)

c. Lighting shall not shine on adjacent property.

d. Proper and recognized signals shall be used in the operation of the range.

e. A detailed site plan shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

135. Ski hills with restaurants and ski shops in the PR-1 District.

a. A detailed site plan shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

b. An impact statement outlining the impact of the facility on adjoining properties, and the environment shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

c. A storm water drainage plan prepared by a certified engineer shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

d. Night lighting shall not be permitted to shine upon adjacent property.

e. Any use of outdoor speakers shall be in compliance with the performance standards set forth in this ordinance for noise control.

f. Ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

g. Ski lifts shall not exceed 75 feet in height and shall not be located closer than 50 feet to any property line.

136. Smelting and refining of all metals and alloys in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for forges in the M-2 District shall be complied with.

137. Snowmobile trails in the PR-1 District.

a. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee indicating thereon access and exit points on the trail. (11/5/84)

b. The trail shall be posted with proper speed limits and warning signs as deemed necessary.

138. Solar farm in the A-1, A-2, A-4, and I-1 Districts.

a. Minimum lot size and frontage: 10 acres with 300 feet on a public street.

b. Minimum setbacks: as measured from the foundation of any associated system building, the outer edge of battery storage system, convertor or invertor or from the solar collector extended at full tilt parallel to the ground:

1) Street yard – not less than 65 feet from the right-of-way of all Federal, State, and County trunk highways and not less than 40 feet from the right-of-way of all other roads.

2) Side yard – not less than 50 feet from the property boundary lines of nonparticipating landowners and 100 feet from any adjacent landowner dwelling unit.

3) Shore yard – not less than 75 feet.

4) For adjoining participating landowners, the setback requirement may be established pursuant to mutual agreement between solar farm owner and participating property owners.

c. Maximum height for solar collectors: 15 feet in height when oriented at maximum tilt.

d. Shall not be located within the 100-year floodplain.

e. Shall not be located within a designated wetland.

f. Any buildings associated with the solar farm shall meet the building requirements specified in the underlying zoning district related to building size and height.

g. Any solar farm that is on-grid shall comply with the Public Service Commission of Wisconsin’s Rule 119, Rules for Interconnecting Distributed Generation Facilities.

h. Agreement Exhibits. The following exhibits shall be submitted:

1) Proposed Site Plan: Exhibit A is the proposed plan for above-ground facilities of the solar farm.

2) Proposed Haul Route: Exhibit B is a map depicting proposed solar farm equipment haul routes.

3) Construction Schedule: Exhibit C is the proposed construction schedule.

4) Vegetation Management Plan: Exhibit D is the Vegetation Management Plan.

5) Drain Tile Management Plan: Exhibit E is the Drain Tile Management Plan.

6) Decommissioning Plan: Exhibit F is the Decommissioning Plan.

i. Archeology. Shall conduct an archeological site assessment with review by the Wisconsin State Historical Preservation Office.

j. Fencing. Other than the fencing directly surrounding the solar farm substation, O&M and BESS the solar farm’s perimeter fencing shall consist of “deer fencing” (wire mesh), which can be described in greater detail as a six- to 10-foot in height woven wire partition with posts. Fences will be set within/inside property lines or rights-of-way edges unless otherwise requested from the landowner.

1) Installed fencing shall be adequately maintained at all times during the solar farm operation. The depths of the fence posts shall be installed per prudent engineering practice based on the height of the fence and the type and slope of the terrain. Impairments to either the woven wire or wooden posts shall be remedied within two weeks of written notification from the Department. “Leaning” of the fence shall not be allowed to exceed plus or minus 10 degrees of perpendicular. In the event leaning or tilting of the fence does occur, it will be corrected back to perpendicular within two weeks of receiving written notice on the issue.

k. Visual Considerations. The solar farm shall not be used for any type of advertising. The solar farm may erect and maintain a single solar farm identification sign subject to sign requirements of section 12.14 of the Municipal Code of Kenosha County. The solar farm shall be minimally lighted so as not to disturb neighboring properties. Necessary lighting to provide safety and security of facilities shall meet the lighting requirements of section 12.15.010 of the Municipal Code of Kenosha County. Solar farm owner will provide the County with a description of permanent solar farm lighting plans when available.

l. Drain Tile. Solar farm owner shall contract with an experienced and qualified regional drain tile contractor to gather information concerning participating landowner drain tile, avoid said tile where commercially reasonable, and mitigate the landowner and nonparticipating landowners’ drainage issues where significant impact is expected as a result of drain tile alteration. The solar farm owner agrees to discuss and address identified drain tile concerns at the post-construction meeting to finalize remedies to known drainage issues on either participating or nonparticipating property. Solar farm owner shall receive, investigate, and remedy drain tile issues due to the solar farm that arise subsequent to the post-construction meeting pursuant to the Drain Tile Management Plan attached hereto as Exhibit E.

1) If drainage infrastructure or systems are damaged by the solar farm and the result is reduced drainage performance that adversely affects nonparticipating landowners, solar farm owner shall restore the drainage infrastructure or system to pre-existing condition or better in accordance with the Drain Tile Management Plan attached as Exhibit E. “Pre-existing condition” shall mean the flow capacity existing immediately prior to the solar farm commencing construction. If previous flow capacity cannot be determined, solar farm owner and landowners agree to negotiate an adequate solution in good faith. Solar farm owner is responsible for all expenses related to repairs, restoration, relocations, reconfigurations and replacements of drainage infrastructure and systems that are damaged by the solar farm as provided in Exhibit E. The intent of this section is to make landowners whole where drainage infrastructure or systems are damaged by the solar farm. For example, and without limitation due to enumeration, if damage to drainage infrastructure or systems is caused by the solar farm on a participating property (“solar farm-related damage”), and the solar farm-related damage causes damages to nonparticipating property owners upstream of the solar farm-related damage, including crop loss and/or blowout damage to the drain tile system on the nonparticipating owner’s property, solar farm owner shall reasonably compensate the nonparticipating owner for crop loss and for repairs to the nonparticipating property owner’s drain tile system. Solar farm owner agrees to cooperate with nonparticipating landowners as outlined in Exhibit E that desire to repair or replace drainage tile affecting their properties to the extent that such work does not interfere with the solar farm or its related facilities. Solar farm owner will not unreasonably withhold approval for access to the property that lies outside of any fenced solar collector area, to the extent participating property owners also agree to such access.

2) For purposes of this agreement, “participating landowner or property owner” shall mean a property owner who has signed a solar lease and easement agreement, collection easement, or purchase option for the use of his or her property for solar generation, construction access, and/or placement of facilities associated with the solar farm. “Nonparticipating landowner or property owner” shall mean a property owner who is not a participating landowner. A solar lease and easement agreement does not include a good neighbor agreement.

m. Stormwater Management and Erosion Control. Solar farm owner shall ensure compliance with Chapter 17, Municipal Code of Kenosha County, on stormwater management and shall ensure that a plan for compliance with said chapter is presented at the pre-construction meeting. Solar farm owner will comply with stormwater and erosion control requirements imposed by the Wisconsin Department of Natural Resources (WDNR).

n. Ground Cover and Buffer Areas. The following provisions shall be met related to the clearing of existing vegetation and establishment of vegetated ground cover. Additional requirements and standards may apply as required by the Department and/or Planning, Development and Extension Education Committee (PDEEC).

1) Large-scale removal of mature trees on the site is discouraged. The Department may set additional restrictions on tree clearing or require mitigation for cleared trees.

2) To the greatest extent possible, the topsoil shall not be removed during development, unless part of a remediation effort.

3) Soils shall be planted and maintained for the duration of operation in perennial vegetation to prevent erosion, manage runoff, and improve soil.

4) Seeds should include a mix of grasses and wildflowers (pollinator habitat), exclusively native to the region of the solar farm site, which will result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening.

5) Seed mixes and maintenance practices shall be consistent with those recommendations made by the Department and/or Wisconsin DNR.

6) The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the community equal to 125 percent of the costs to meet the ground cover and buffer area standard. The financial guarantee shall remain in effect until vegetation is 75 percent established.

7) Solar farm owner shall contact every owner of residential property immediately adjacent to solar collector and discuss in good faith a reasonable, strategically located visual buffer of plants that, upon mutual agreement, shall be installed at solar farm owner’s expense prior to the completion of construction of the solar farm. Where the solar farm owner and the adjacent property owner are unable to agree on the type of visual buffer and the adjacent property owner makes a request in writing to solar farm owner to provide a visual buffer, the solar farm owner shall install a vegetative buffer on the solar farm site equal to the length of the nonparticipating residence and designed to achieve at least 50 percent opacity at ground level within five years. Proposals and plans for vegetative buffers will be finalized in writing by the pre-construction meeting with the Department.

8) Solar farm owner shall submit a vegetative buffer plan for a visual barrier along all roadways subject to approval by the Department.

o. Road Use. The solar farm owner and its successors, assigns, contractors, agents and representatives may use public roads as part of the construction, operation, maintenance and repair of the solar farm. The solar farm owner acknowledges that in connection with construction, operation and maintenance of electric collection lines, communications cables and other equipment, that solar farm facilities may cross road rights-of-way and/or drainage systems. The solar farm owner agrees that it shall seek and obtain all permits typically required of others, such as driveway permits and rights-of-way crossing permits. It is agreed that all road rights-of-way crossing shall be by underground borings perpendicular to the right-of-way, plus or minus 30 degrees. All underground borings shall commence and terminate outside of the road right-of-way.

1) The solar farm owner further agrees that the construction process may cause wear, tear, and damage to the roads identified to be used, including the haul roads. The solar farm owner agrees, in lieu of seeking repair, restoration, or reconstruction of these roads following the completion of the solar farm’s construction, that the solar farm owner shall provide the County compensation in the form of a lump sum payment in an amount to be determined by solar farm owner’s qualified third party engineer, based on pre-construction and post-construction road condition analyses following general industry best practices, for the repair or reconstruction of the impacted roads. Pre-construction and post-construction analyses shall include review of the surface and subsurface of the road. The solar farm owner’s qualified third-party engineer shall be selected from a list of Kenosha County certified engineering consultants. The County shall provide the list of County certified engineering consultants at the request of the solar farm owner. If the County elects to forego the lump sum payment, the solar farm owner agrees they may also utilize a contractor chosen and managed by the developer to complete necessary road repairs. All road repairs shall be inspected and approved by the County superintendent to ensure that the repair meets County standards. The extent of such repair will be negotiated at the post-construction meeting and will be based on the road condition analysis of the third-party engineer. The County shall relieve the solar farm owner of any other repair or reconstruction obligations or responsibilities upon receipt of such payment. The County shall determine, at its sole discretion, how to utilize those funds for the repair of the impacted roads after their use for construction traffic for the solar farm ends. The solar farm owner shall negotiate in good faith a similar road use provision related to decommissioning, expansion or repowering of the solar farm.

2) Throughout the construction of the solar farm, the solar farm owner shall work cooperatively to maintain public road infrastructure in a safe condition for passage by the public. During the ongoing construction of the solar farm, solar farm owner, at its expense, shall repair any significant damage that jeopardizes the safety of the traveling public. The County superintendent shall continuously monitor County roads and shall notify the solar farm owner of damages that present safety concerns to the traveling public and shall require the solar farm owner to carry out the necessary repair to mitigate the unsafe road condition. In the event an unsafe road condition exists that presents a safety hazard to the public use of the road and is not promptly repaired by solar farm owner within one week after receipt of notice of the unsafe condition, the County may make emergency road repairs, or order emergency road repairs to be performed by qualified contractors, and solar farm owner will promptly reimburse the County for reasonable emergency road repairs.

3) Solar farm owner shall be responsible for addressing applicable road use issues with other entities to the extent they have jurisdiction over roads to be used for the solar farm.

p. Foundations. A qualified engineer shall certify, by sealed, stamped and signed plans that the foundation and design of the solar panels racking and support is within accepted professional standards, given local soil and climate conditions.

q. Power and Communication Lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Department in instances where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Department as shown by adequate soil borings.

r. Agricultural Protection. Commercial use SES must comply with site assessment or soil identification standards that are intended to protect agricultural soils.

s. Aviation Protection. For solar farms located within 1,000 feet of an airport or within approach zones of an airport or landing strip, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Solar Farms on Federally Obligated Airports, or most recent version adopted by the FAA.

t. Decommissioning. Solar farm owner shall implement the Decommissioning Plan attached as Exhibit F to this agreement upon permanent cessation of the commercial operation of the solar farm. For the purposes of this agreement, permanent cessation of the commercial operation of the solar farm shall mean that the entire solar farm has ceased commercial operation for a consecutive period of 12 months for reasons other than a force majeure event. The solar farm shall be deemed to be in commercial operation if the solar farm is under active construction activities including but not limited to construction activities in connection with solar farm-wide replacements or upgrades.

1) The solar farm owner acknowledges that the Decommissioning Plan shall be submitted that includes a detailed decommissioning cost analysis and will provide such a plan to the County when the analysis is available. The solar farm owner agrees that the Decommissioning Plan shall require solar farm owner to, at a minimum:

a) Notify the Department when permanent cessation has been determined;

b) Remove, at its expense, all solar farm components including but not limited to solar collectors and associated facilities to a depth of four feet and properly dismantle all components that shall be disposed of at a licensed solid waste disposal facility and/or otherwise in a manner consistent with Federal, State, and local regulations;

c) Restore the land to a condition reasonably similar to pre-existing conditions, including decompacting areas where solar farm access roads were installed and any other areas of substantial soil compaction. The solar farm’s access roads can remain in place if requested by the property owner.

2) Prior to the issuance of a zoning permit, the solar farm owner shall post a commercially reasonable financial assurance (bond, letter of credit) in the amount of the difference between the reasonably estimated costs of decommissioning the solar farm and the reasonably estimated salvage value of the solar farm improvements, as determined by a qualified engineer. The costs of this determination are to be paid by the solar farm owner. The need for and amount of the financial assurance shall be reviewed by a qualified engineer, and if applicable, updated approximately every five years.

3) All solar equipment shall be decommissioned and disposed of in accordance with State, Federal and local regulations.

u. Replacement of Lost Property Tax Revenue. Properties hosting qualifying utility generating facilities under Chapter 76 Wis. Stats. and approved by the PSCW are removed from the local property tax roll. Solar farm owner will establish a program (the “Lost Revenue Program”) to reimburse the local school districts for lost revenue following completion of the solar farm, when the specific, qualified utility properties are identified. The Lost Revenue Program will calculate the amount of lost revenue based on local tax rates for the land at the time the solar farm is placed in service. Payment amount for each taxing authority will be increased annually by two percent. Solar farm owner will execute the Lost Revenue Program only to the extent the amount promised is recoverable by the solar farm owner through approval by the PSCW of rates under Section 196.20, Wis. Stats. The solar farm owner’s obligation to make such payments shall be suspended if the State adopts or implements a new mechanism to replace the Utility Aid Shared Revenue payments, to the extent that the new payment system provides payments equal or greater than the payments provided herein. In such case of suspension of payments, the solar farm owner’s payment obligations as set forth herein will only be reinstated if such new payment system is eliminated by the Legislature.

v. Insurance.

1) For Individual Use Solar Energy Systems.

a) Owner.

(1) At all times during construction and operation owner shall maintain a current liability policy covering bodily injury and property damage in the form of a homeowners or other applicable policy providing liability coverage as approved by Kenosha County.

(a) With the exception of homeowners coverage shall include:

1. Commercial General Liability – $1,000,000 per occurrence; $2,000,000 general aggregate; $1,000,000 personal and advertising injury; $2,000,000 products-completed operations aggregate; $10,000 medical expense.

2. Coverage shall list Kenosha County as additional insured.

3. Coverage shall be primary and noncontributory to the insurance of Kenosha County.

4. Coverage shall provide a waiver of subrogation in favor of Kenosha County.

b) Contractor.

(1) At all times during construction and/or maintenance contractor and any subcontractor shall maintain insurance policies with the following listed minimum insurance coverages and minimum limits of liability from insurers licensed to do business in the State of Wisconsin and having at least an A.M. Best rating of A-.

(2) Commercial General Liability – $1,000,000 per occurrence; $2,000,000 general aggregate (on a per project basis); $1,000,000 personal and advertising injury; $2,000,000 products-completed operations aggregate; $10,000 medical expense.

(a) Coverage shall list the owner and Kenosha County as additional insureds.

(b) Coverage shall be primary and noncontributory to the insurance of owner and Kenosha County.

(c) Coverage shall provide a waiver of subrogation in favor of owner and Kenosha County.

(d) The products-completed operations coverage shall be maintained for the combined period of the limitation and repose statutes of the State of Wisconsin.

(e) Policies may not contain any residential exclusions or limitations on height of work.

(3) Automobile Liability – $1,000,000 Combined Single Limit.

(a) Coverage shall list the owner and Kenosha County as additional insureds.

(4) Workers’ Compensation and Employers Liability. Workers’ compensation as required by the State of Wisconsin Statute; $1,000,000 employers liability for each bodily injury by accident, bodily injury by disease and annual aggregate.

(a) Coverage shall provide a waiver of subrogation in favor of owner and Kenosha County.

(5) Umbrella/Excess Liability – $5,000,000 each occurrence; $5,000,000 annual aggregate; $5,000,000 completed operations aggregate.

(a) The policy shall follow form to the employers liability, commercial general liability and commercial auto liability policies.

(6) Pollution Liability – $1,000,000 per claim and $1,000,000 annual aggregate.

(a) Coverage shall list the owner and Kenosha County as additional insureds.

(7) Professional Liability. If architectural or engineering services are being performed by contractor or subcontractor coverage shall include limits of at least $1,000,000 per claim and $1,000,000 annual aggregate.

(8) Unmanned Aircraft/Drone Liability. If drone is used with respect to construction and/or maintenance of the system coverage shall include a limit of at least $1,000,000.

2) For Solar Farms.

a) Owner.

(1) At all times during construction and operation owner shall maintain commercial general liability – $1,000,000 per occurrence; $2,000,000 general aggregate; $1,000,000 personal and advertising injury; $2,000,000 products-completed operations aggregate; $10,000 medical expense.

(2) Coverage shall list Kenosha County as additional insured.

(3) Coverage shall be primary and noncontributory to the insurance of Kenosha County.

(4) Coverage shall provide a waiver of subrogation in favor of Kenosha County.

(5) Umbrella/Excess Liability – $1,000,000 each occurrence; $1,000,000 annual aggregate; $1,000,000 completed operations aggregate.

(a) The policy shall follow form to the commercial general liability policy.

b) Contractor.

(1) At all times during construction and/or maintenance contractor and any subcontractor shall maintain insurance policies with the following listed minimum insurance coverages and minimum limits of liability from insurers licensed to do business in the State of Wisconsin and having at least an A.M. Best rating of A-.

(2) Commercial General Liability – $1,000,000 per occurrence; $2,000,000 general aggregate (on a per project basis); $1,000,000 personal and advertising injury; $2,000,000 products-completed operations aggregate; $10,000 medical expense.

(a) Coverage shall list the owner and Kenosha County as additional insureds.

(b) Coverage shall be primary and noncontributory to the insurance of owner and Kenosha County.

(c) Coverage shall provide a waiver of subrogation in favor of owner and Kenosha County.

(d) The products-completed operations coverage shall be maintained for the combined period of the limitation and repose statutes of the State of Wisconsin.

(3) Automobile Liability – $1,000,000 combined single limit.

(a) Coverage shall list the owner and Kenosha County as additional insureds.

(4) Workers’ Compensation and Employers Liability. Workers’ compensation as required by the State of Wisconsin statute. $1,000,000 employers liability for each bodily injury by accident, bodily injury by disease and annual aggregate.

(a) Coverage shall provide a waiver of subrogation in favor of owner and Kenosha County.

(5) Umbrella/Excess Liability – $10,000,000 each occurrence; $10,000,000 annual aggregate; $10,000,000 completed operations aggregate.

(a) The policy shall follow form to the employers liability, commercial general liability and commercial auto liability policies.

(6) Pollution Liability – $2,000,000 per claim and $2,000,000 annual aggregate.

(a) Coverage shall list the owner and Kenosha County as additional insureds.

(7) Professional Liability . If architectural or engineering services are being performed by contractor or subcontractor coverage shall include limits of at least $2,000,000 per claim and $2,000,000 annual aggregate.

(8) Unmanned Aircraft/Drone Liability. If drone is used with respect to construction and/or maintenance of the system coverage shall include a limit of at least $1,000,000.

w. Limitations Upon Authority. The Department review and action in the matter shall be subject to the limitations imposed by Section 66.0401, Wis. Stats. In the event the applicant believes the County has exceeded its authority in this regard, the applicant shall notify the County, and the Town may reconsider the matter. In that event, the applicable permit authority of the County may modify the requirements of this section as applied to that application, on a case-by-case basis if, and only to the extent, such modification is necessary to ensure that applicable laws are followed. This section is intended to allow case-by-case consideration of the standards of Section 66.0401(1m), Wis. Stats., as needed.

139. Sportsmen clubs in the PR-1 District.

a. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

b. The site shall be posted at least every 100 feet as a sportsmen’s club.

c. Impact statements as deemed appropriate by the Planning, Development & Extension Education Committee may be required. (11/5/84)

140. Stockyards in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for animal reduction in the M-2 District shall be complied with.

b. Impact statements as deemed necessary by the Planning, Development & Extension Education Committee may be required. (11/5/84)

c. The site shall be securely fenced as deemed appropriate by the Planning, Development & Extension Education Committee. (11/5/84)

d. A storm water drainage plan prepared by certified engineers shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

e. Ingress and egress to the premises and the location of loading docks shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

141. Storage of mineral products or machinery in the M-3 District.

a. The site shall be securely fenced as deemed appropriate by the Planning, Development & Extension Education Committee. (11/5/84)

b. A storm water drainage plan prepared by a certified engineer shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

142. Storage of recreational vehicles, boats or snowmobiles in the A-1, A-2 and A-4 Districts.

a. Storage of more than two recreational vehicles and/or boats or snowmobiles shall be within an enclosed structure.

143. Summer theaters and amphitheaters or band shells in the PR-1 District.

a. A detailed site plan shall be submitted to the Planning, Development & Extension Education Committee along with the proposed hours of operation and seating capacity on the premises. (11/5/84)

b. At least one off-street parking space shall be provided for every three seats located within the theater, amphitheater or band shell.

c. The site shall have direct access to federal, state or county highways.

d. An application for a conditional use permit shall be accompanied by a report setting forth the proposed operation of the theater, amphitheater or band shell.

e. Ingress and egress to the site shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

f. Parking areas shall be maintained in a dust free condition and where paved, a storm water drainage plan shall be submitted to the Planning, Development & Extension Education Committee. (11/5/84)

g. Night lighting shall not be permitted to shine on adjacent property.

h. Proposals for water and sanitation facilities and emergency services shall be reviewed by the Planning, Development & Extension Education Committee. (11/5/84)

i. Increased performance standards with respect to noise may be required as deemed necessary.

144. Tanneries in the M-2 District.

a. Those requirements set forth for the granting of a conditional use permit for forges in the M-2 District shall be complied with.

b. Ingress and egress to the premises and the location of loading docks shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

c. The performance standards set forth in this ordinance as they relate to odor shall be complied with by the operator of the tannery; stricter standards may be imposed as deemed appropriate.

145. Taverns (with no live entertainment) in the B-1 District.

a. Ingress and egress to the site shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

b. Performance standards set forth in this ordinance as they relate to noise control shall be complied with, and where deemed appropriate, the Planning, Development & Extension Education Committee may establish stricter performance standards relating to noise control. (11/5/84)

146. Truck stops, sales and service in the B-3 District.

a. A detailed site plan shall be submitted to the Planning, Development & Extension Education Committee and shall include therein the location of storage facilities for all fuels and other hazardous materials. (11/5/84)

b. Ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

c. All repair work shall be done within enclosed structures.

d. All street yard, side yard and rear yard setbacks shall be at least 100 feet.

e. Night lights shall not be permitted to shine on adjacent property.

f. All parking areas and roadways shall be maintained in a dust free condition and where paved, a storm water drainage plan shall be submitted to the Planning, Development & Extension Education Committee by a certified engineer. (11/5/84)

147. Utilities and substations in the M-3 District.

a. Environmental and economic impact statements shall be required by the Planning, Development & Extension Education Committee. (11/5/84)

b. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

c. A storm water drainage plan prepared by a certified engineer shall be presented to the Planning, Development & Extension Education Committee. (11/5/84)

d. The site shall be securely fenced and marked with appropriate warning signs.

e. Failure to comply with the performance standards set forth in this ordinance shall be grounds for revocation of the conditional use permit.

148. Utility Construction and Maintenance, including electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members, in the C-1District; provided, that: (11/5/86)

a. The transmission and distribution facilities cannot, as a practical matter, be located outside the wetland;

b. Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland.

149. Utility facilities (except buildings and substations) such as underground watertight conduits, telephone and electric poles, etc., constructed in conformance with section NR 116.17 of the Wisconsin Administrative Code in the FPO District; provided, that: (11/5/86)

a. Those requirements set forth for the granting of a conditional use permit for bridges and approaches in the FPO District shall be complied with.

150. Utility substations, microwave relay stations, and cellular relay stations in the A-1, A-2, A-3, A-4, R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, R-10, R-11, R-12, B-1, B-2, B-3, B-4, M-1, M-2, I-1 and C-2 Districts. (8/9/94)

a. All utility substations, microwave relay stations, and cellular relay stations shall be securely fenced and marked with appropriate warning signs.

b. The height of tower-mounted utility substations, microwave relay stations, and cellular relay stations shall not exceed three (3) times their distance from the nearest property line.

151. Washing, refining or processing of rock, slate, gravel, sand or minerals processed from the top soil in the M-3 District

a. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee along with a storm water drainage plan prepared by a certified engineer. (11/5/84)

b. Impact statements as deemed appropriate by the Planning, Development & Extension Education Committee may be required. (11/5/84)

c. Ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance. Roads shall be maintained in a dust-free condition.

152. Water storage tanks and towers and radio and television transmitting and receiving towers in the B-5 and I-1 Districts. (8/9/94)

a. Towers shall not be located closer than 50 feet to any structure.

b. All towers shall be securely anchored and lit with warning lights as deemed appropriate.

c. All federal and state licenses shall be filed with the Planning and Development Administrator’s office.

d. Water tanks and water towers are exempt from the height limitations of this Ordinance. The height of radio and television transmitting and receiving towers shall not exceed three (3) times their distance from the nearest property line.

153. Water withdrawal and diversion uses in shoreland areas. (See section 12.09.060 of this ordinance)

154. Wildlife ponds in the C-1 District; provided, that: (6/2/92)

a. Any excavating, ditching, dredging, or draining that is to be done must be necessary for such construction and shall be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands. Any excavating, ditching, dredging, or draining shall be for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

b. Wildlife ponds shall not exceed an average depth of five (5) feet and side slopes shall not exceed a gradient of one (1) foot vertical to five (5) feet horizontal.

c. Spoils from pond construction shall not be deposited or disposed of within the C-1 District.

155. Wrecking, junk, demolition and scrap yards in the M-2 District.

a. Any wrecking, junk, demolition and scrap yard, or salvage yard for which permission is granted under this section shall at all times be subject to the performance standards established in this ordinance. Failure to comply with said performance standards shall be grounds for revocation of the conditional use permit.

b. All outdoor storage areas shall be screened or fenced with a solid fence at least six (6) feet, but not more than eight (8) feet in height or enclosed with a dense evergreen growth at least six (6) feet in height. Storage between the street and such fence or screen is expressly prohibited.

c. Any junk or salvage yard which offers to the public at retail any new or used merchandise shall provide at least two (2) parking spaces per one hundred (100) square feet of retail floor space.

d. All ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

e. No wrecking, junk, demolition or scrap yard shall be located within 1000 feet of any navigable body of water or shoreland area.

f. There shall be proper and adequate control of all rodents.

g. There shall be strict compliance with section 8.04 of the Municipal Code of Kenosha County and the requirements set forth therein for motor vehicle wrecking yards.

h. A performance bond shall be required by the Planning, Development & Extension Education Committee to insure compliance with the conditions set forth by the Planning, Development & Extension Education Committee and which conditions form the basis for the granting of a conditional use permit. (11/5/84)

A corporate surety bond shall be furnished to the County to assure compliance with the approved rehabilitation map and plan. The bond shall be in an amount to be determined by the committee sufficient to cover twice the projected expenses of such rehabilitation at the time that the rehabilitation is to occur according to the plan of the applicant. A termination date for the completion of operations and the rehabilitation of the tract shall be imposed at the time of approval based upon the estimated length of time the operation will be necessary.

An additional bond shall be furnished to the County to insure against possible road damage to nearby roads due to heavy trafficking of materials.

i. The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon an application for a period of an additional two years by the Planning, Development & Extension Education Committee upon review of the performance of the operations. Modifications or additional conditions may be imposed upon application for renewal including an increase in the amount of any surety bond. (11/5/84)

j. No junk yard shall be permitted to operate in violation of sections 84.31 and 175.25 of the Wisconsin Statutes. In addition, a license shall be obtained from the County clerk as prescribed by the Municipal Code of Kenosha County.

156. Zoological and botanical gardens in the PR-1 District.

a. A detailed site plan shall be presented to the Planning, Development & Extension Education Committee setting forth in detail the location of all structures, sanitary facilities, etc. (11/5/84)

b. Ingress and egress to the premises shall be determined with due regard to topography and public road and pedestrian traffic taking into consideration hills, curves, speed limits and vision clearance.

c. Night lights shall not be permitted to shine on adjoining or adjacent property.

d. There shall be only off-street parking provided for.

e. In the case of zoological facilities, the site shall be securely enclosed and the Planning, Development & Extension Education Committee shall review the security system to be used on the premises for the containment of animals, reptiles, etc. (11/5/84)

157. Wind energy conversion systems, commonly called “windmills", in the A-1, A-2, A-3, A-4, R-1, I-1, PR-1 and C-2 Districts.

a. The site area shall be a minimum of five (5) acres.

b. Applications for the erection of a wind energy conversion system shall be accompanied by a plat of survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premise, the plat of survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system, and provide assurances as to the safety features of the system.

c. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

d. The maximum level of noise permitted to be generated by a wind energy conversion system shall be fifty (50) decibels, as measured on a dB(A) scale, measured at the lot line.

e. Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broad-casting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

f. Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this ordinance, however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.

g. All wind energy conversion systems shall be surrounded by a security fence not less than six (6) feet in height. A sign shall be posted on the fence warning of high voltages.

h. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company’s grid prior to installing said interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit. [Ord. 6 (2022); Code § 12.29-8.]