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Code Administration FAQ's

Q:Are permits required for an advertising sign or billboard?
A:An advertising sign is defined as a sign pertaining to goods sold or manufactured or services rendered on the premises upon which the sign is located. A billboard is a sign that advertises a product or service not offered on the premises on which the billboard is located. In most instances a permit will be required to locate, erect, extend, enlarge, convert or structurally alter an advertising sign or billboard. Some signs do not require permits under certain conditions (nameplates, real estate, political, directional, legal, memorial, subdivision, temporary construction, etc.). Contact the Code Administration office at (262) 886-8475 for details and requirements.
 
Q:Can a sanitary permit be transferred?
A:A valid sanitary permit may be transferred from the holder to a subsequent owner of the land. A new Sanitary Permit Application form must be completed, signed by the plumber and submitted to the Code Administration office with the required fee to obtain a new sanitary permit. Transfer of ownership does not affect the expiration date or renewal requirements.
 
Q:Can an accessory use or structure be put on a vacant parcel?
A:Section 20-1008 of the Zoning Ordinance deals with accessory use and structure regulations. In general, accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. For example, a detached shed or garage can not be constructed until a house or business is present or under construction on the same lot. There is one exception to this rule, and that is for accessory structures in agricultural districts. The exception allows an accessory structure prior to the presence of the principal structure provided that the parcel is 10 contiguous acres in size or larger, the structure is intended for an agricultural use, it meets the minimum setbacks required for a principal structure and is at least 100´ from any existing structure.
 
Q:Can I build a home on my lot?
A:Since there are so many factors involved in siting a home on a property (yard setbacks, floodplain, wetlands, shoreland regulations, height limits, minimum core living area, etc.) it would be best to sit down with a Code Administration Technician during normal business hours to discuss your particular situation.
 
Q:Can I build in a shoreland setback area?
A:Section 20-1045 of the Zoning Ordinance states that “within the shoreland setback area in conformance with the regulations of the Wisconsin Department of Natural Resources, no structures are permitted. “Structures” includes fences, ice fishing shanties, accessory buildings other than boathouses, minor structures, and any retaining wall not approved by the Wisconsin Department of Natural Resources.” Typically the minimum shoreland setback is 75´ back from the ordinary high water mark of a navigable body of water for a standard size lot and 50´ for a substandard size lot, however, averaging issues also come into play.
 
Q:Can I change plumbers after the sanitary permit is issued?
A:When an owner with a valid sanitary permit wishes to change plumbers, it will be necessary to submit a new Sanitary Permit Application form (signed by the new plumber) along with the applicable fee, to the Code Administration office to obtain approval prior to system installation. Plumbers can only be changed if the original plan was prepared by an architect, engineer or plumbing designer unless a new plan approval is obtained by the new plumber.
 
Q:Can I elect to install a holding tank as a POWTS?
A:In most cases, a holding tank can only be utilized if a soil evaluation shows that no other type of POWTS can be installed on the property and if the local Municipality allows the use of the requested holding tank. Some exceptions exist for the temporary use of a holding tank. In addition, the installation of a holding tank in a subdivision is prohibited unless it is the only alternative and it replaces a failing POWTS that serves an existing habitable building on the subject property. For further details on holding tank use, contact the Code Administration office at (262) 886-8475.
 
Q:Can I get a permit for an addition to a legal nonconforming use or structure?
A:In general, a zoning permit for an addition may be allowed if the dimensional nonconformity is not increased beyond what currently exists and the total lifetime alterations, additions and expansions do not exceed 50% of the fair market value of the structure. The 50% Rule Guideline will provide additional information. Call the Code Administration office at (262) 886-8475 to discuss all of the nonconforming issues.
 
Q:Can I have a horse(s) or farm animal(s) on my property?
A:Section 20-1018 of the Zoning Ordinance states that “except for the commercial raising, propagation, boarding, or butchering of animals or fowl, which are conditional uses, any restriction of the number and type of animals and pets permitted within a particular district shall be the responsibility of the local town boards.” For example, a horse used for personal use would be allowed by County code, but the Town should be contacted to see if their regulations are more restrictive. A horse boarding operation, on the other hand, would require conditional use approval.
 
Q:Can I have a two-family dwelling on my property?
A:The R-6, R-6A, R-8 and A-2 zoning districts could allow two-family dwellings. Call the Code Administration office at (262) 886-8475 for details.
 
Q:Can I live in a mobile home on my property?
A:Mobile homes (not manufactured dwellings or manufactured homes) intended for human habitation are only allowed within mobile home parks.
 
Q:Can I park a business vehicle on my residentially zoned lot?
A:Section 20-1009 of the Zoning Ordinance deals with parking regulations. Vans or pickup trucks used for private and recreational use or a commercial vehicle per Section 20-1009(b) used for transportation to and from a place of employment or workplace of the occupant may be parked on residential property. No other vehicular equipment of a commercial or industrial nature is allowed to be parked or stored for more than 2 consecutive hours and 4 accumulated hours during any 24-hour period on any lot in any zoning district except business and industrial districts or as permitted by conditional use in the A-2 district.
 
Q:Can I place a boathouse on my property?
A:One boathouse could be placed in a shore yard area of a property having a residential use after obtaining the required zoning permit. Section 20-1117 of the Zoning Ordinance indicates that a boathouse cannot be located closer than 20´ to the annual high water elevation of the body of water nor more that 15´ above that elevation and it may not contain a deck or railing on the roof. The size is limited to 250 square feet in horizontal area covered. It must be at least 15´ from a side lot line and the main opening must be oriented toward the body of water. Boathouses must be used strictly for the storage of boats and water-related recreational accessories. In addition, no plumbing, heating, cooking facilities or human habitation is allowed in a boathouse.
 
Q:Can I remove trees or shrubs and do earth moving activities on my property?
A:The County regulates tree/shrub removal and earth moving activities in shoreland and floodplain areas. In addition, there may be restrictions in Primary Environmental Corridors. Contact the Code Administration office at (262) 886-8475 for details prior to conducting any of these activities in the referenced areas. You should also contact the local Municipality if you propose to change property grades, as they may wish to review stormwater drainage concerns.
 
Q:Can recreational vehicles be parked on my residential property?
A:Sections 20-1009(c) and 20-1115(b) & (c) deal with recreational vehicle parking regulations. In general, recreational vehicles that are accessory to a residential use can be parked in the rear or side yards only or in compliance with same setbacks allowed in subsections 20-1115(b) and (c). The vehicles must maintain a minimum of a 6´ setback from the rear and side lot lines but are not restricted to a minimum setback to the principal structure. For the purpose of this section, recreational vehicles shall include boats and trailers, snowmobiles and their trailers, minibikes or trail bikes and their trailers, and unoccupied tent campers and travel trailers, all-terrain vehicles and personal watercraft and their trailers.
 
Q:Do I need a permit for a pier or boatlift?
A:Racine County does not issue permits for a riparian landowner’s private pier or boatlift. However the local Municipality and/or the Wisconsin Department of Natural Resources may regulate these structures in navigable waters. The County does regulate water-oriented commercial or multiple use piers for facilities such as marinas, resorts, planned residential developments and subdivisions.
 
Q:Do I need a permit to work out of my home?
A:A zoning permit is required for a home occupation. The Home Occupation Permit Application Form will provide further information.
 
Q:Do I need a zoning permit for a fence?
A:Non-residential security fences require a permit. All fences should be designed so that they do not obstruct traffic visibility at street intersections (See Section 20-1086 of the Zoning Ordinance). Residential fences are only controlled if they obstruct traffic visibility on corner lots, will be located near a navigable body of water (lake, river, pond, flowage, etc.) or if they will be in a shoreland-wetland or floodplain area. Please contact Code Administration for further details at (262) 886-8475. Contact the Municipal Building Inspector for local fence regulations.
 
Q:Do I need a zoning permit for temporary or movable structures?
A:Except for minor structures, which is defined as “any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment and arbors,” a zoning permit would be required for a structure. Small detached accessory structures that are less than 36 square feet, as well as small movable lawn furniture, picnic tables, portable grills, and bird feeders normally do not require a permit. Also see, "Can I build in a shoreland setback area?"
 
Q:Do I need an appointment to visit the office, and how long does it take to process a permit?
A:No appointment is necessary to get information or a permit from the Code Administration office. Allow at least an hour before lunch or closing to allow staff to review information with you. Some permits can be issued while you wait; others may require additional information or further review before processing. The office has up to 30 days to process a permit once all applicable information has been submitted.
 
Q:Does Racine County allow the installation of constructed wetlands, evapotranspiration beds or pit privies?
A:No.
 
Q:Does Racine County have a maintenance requirement for POWTS?
A:State codes require that all counties enact a maintenance program for all POWTS. The owner of a POWTS is responsible to ensure that the operation and maintenance of the POWTS occurs in accordance with State and County codes and any approved management plan. A properly licensed individual must visually inspect septic tanks and lift pump tanks within 3 years of the date of system installation and at least once every 3 years thereafter. Documentation of the inspection must be sent to the County (along with an administrative fee of $10.00) and shall certify that the system is in proper operating condition without ponding on the surface of the ground and that after inspection, and pumping, if necessary, the tank is less than 1/3 full of sludge and scum. Some management plans will require more frequent maintenance. A licensed individual must pump holding tanks when the wastewater in the tank reaches a level of one foot below the inlet invert of the tank. Proof of this pumping must be submitted to the Code Administration office along with a $10.00 annual administrative fee. Further maintenance requirements can be found in Section 19-105, of the Utilities Ordinance.
 
Q:Does road right-of-way get included with lot measurements?
A:No. Lot area includes the total area within the peripheral boundaries of a parcel exclusive of any highway right-of-way or road easement. The street yard setbacks are measured from the outer limit of the highway right-of-way or private road easement.
 
Q:How can I find out if there is 100-year floodplain on my property?
A:The County has topographic maps that contain general 100-year floodplain delineation by elevation. A land surveyor should delineate the exact floodplain location on a property. There are also Flood Insurance Rate Maps (FIRM) that are part of the National Flood Insurance Program. These are sometimes referred to as Federal Emergency Management Agency (FEMA) maps, and show designated floodplain zones.
 
Q:How do I apply for a variance or appeal of the Zoning Ordinance?
A:Read Variance/Appeal Procedures for variance/appeal application information. Additional criteria can be found in Section 20-41 of the Zoning Ordinance. The Variance Appeal Application Form can be printed out and completed and the Zoning Board of Adjustment Public Hearing Schedule provides filing dates and meeting dates. If you live in the Village of Caledonia, utilize the Village of Caledonia Zoning Board of Appeals Public Hearing Schedule for filing dates and meeting dates. The appropriate fee can be found in either the Fee Schedule (except Village of Caledonia) or Village of Caledonia Fee Schedule.
 
Q:How do I apply for an appeal of a sanitary administrative action or decision?
A:The Economic Development & Land Use Planning Committee shall act as the board of appeals and shall hear appeals of final decisions for Chapter 19 of the Utilities Ordinance. Requests shall be filed in writing with the Code Administration Manager within three weeks after the final administrative action or decision. The appropriate fee must accompany the request. After hearing the appeal, the Committee shall render its decision at or before its next regularly scheduled meeting.
 
Q:How do I obtain a sanitary permit for a POWTS?
A:The Sanitary Permit Procedures document provides detailed information for permit application. A Certified Soil Testers List and Restricted/Master Plumbers List can also be accessed. These lists are for informational purposes only and should not be construed to be a recommendation or endorsement. Any properly licensed individual is allowed to perform the applicable duties.
 
Q:How do I obtain a zoning permit?
A:The Zoning Permit Procedures document will provide detailed information.
 
Q:How do I report a Sanitation violation?
A:For a private on-site wastewater treatment system (POWTS) violation, including a failing private sewage system, contact Racine County Code Administration at 262-886-8475. If there is a stormwater drainage concern, please contact your local Municipality.
 
Q:How do I report a Zoning violation?
A:Contact Racine County Code Administration at 262-886-8475 if you suspect that there is a zoning violation in an unincorporated area of the County or in the Village of Caledonia.
 
Q:How is building height defined?
A:Building height shall mean the vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, gambrel, hip and pitch roofs; or to the deck line of mansard roofs.
 
Q:How long is a sanitary permit good for and can it be renewed?
A:A sanitary permit is valid for two years from the date of issuance. The property owner/agent may renew a permit following written application to the Code Administration office and submittal of the proper fee. The renewal shall be based on current code requirements in force at the time of renewal and changed requirements may impede renewal. If a sanitary permit is not renewed prior to expiration, a new permit would be required to complete any desired POWTS installation.
 
Q:How long is a zoning permit valid?
A:A zoning permit shall expire within six months of issuance unless substantial work (over 50%) has commenced and is continuing. For a minor fee and while the permit is still valid, it is possible to extend a zoning permit for a six-month period of time. If a zoning permit expires (without substantial construction), it become null and void and a new zoning permit would be required.
 
Q:How many people are allowed to live in a home on a parcel zoned for a one-family dwelling?
A:One family could live in the home, which is defined as any number of persons related by blood, adoption or marriage, or not to exceed four (4) persons not so related, living together in one (1) dwelling as a single housekeeping entity.
 
Q:How much lot width is needed for a parcel?
A:A minimum of 33´ of all lots shall abut upon a public street, or other means of access that was in existence prior to the original adoption of the Zoning Ordinance and which has been approved by the Town. In addition, each parcel shall have the minimum lot width that is specified for the zoning district in which it is located. Some Townships have more restrictive lot width requirements, and should be contacted for details. Lot width shall mean the width of a parcel measured at the rear of the specified street yard and is defined in Section 20-1 of the Zoning Ordinance. Please contact our office at (262) 886-8475 for an explanation, as the rules are quite complex.
 
Q:In general, what is the order for securing permits needed to build a new home or business within Racine County?
A:A sanitary permit is required before a zoning/building permit can be issued for an unsewered parcel. The Racine County Code Administration office issues Private Onsite Wastewater Treatment System (POWTS) sanitary permits for the entire County. Procedures for obtaining a sanitary permit can be found by reading Sanitary Permit Procedures. The next permit to obtain (or first permit for sewered parcels) is a zoning permit. The Code Administration office can issue this for structures that will be located in any unincorporated area (Township) in Racine County and for the Village of Caledonia. The Zoning Permit Procedures document provides permit application details. A Conditional Use approval may be needed prior to the issuance of a zoning permit. After zoning permit issuance, a building permit can be secured from the local Municipality. In some instances, you may need to contact the road right-of-way owner (Town, Village, County or State) to obtain a permit to install a culvert for a driveway entrance to a lot.
 
Q:Is grant money available to assist with costs associated with replacing my failing POWTS?
A:You may be eligible to apply for a Wisconsin Fund grant through the Code Administration office. Read the Wisconsin Fund Grant Eligibility Guidelines document for detailed information.
 
Q:Is there a limit on the size or number of accessory structures that I can have on my property?
A:Section 20-1115 of the Zoning Ordinance deals with detached accessory structures such as pole barns, garages, sheds, etc. Typically these structures are limited to a percentage of the lot area. Please contact our office at (262) 886-8475 for an explanation, as the rules are quite complex.
 
Q:What activities are allowed in my zoning district?
A:You can call the Code Administration office at (262) 886-8475 or go to the Racine County Code of Ordinances web site and navigate to Chapter 20, Article VI to get the specific principal and conditional uses for each zoning district. Each district has a specified minimum lot width and area requirement as well as minimum lot line setbacks and maximum building heights. Other Racine County Zoning Ordinance Sections referenced in the FAQ’s can also be researched through this web link.
 
Q:What areas of the county are under the Racine County Code Administration sanitation jurisdiction?
A:All of the unsewered areas in Racine County come under this office’s private onsite wastewater treatment system (POWTS) jurisdiction. It is possible that the POWTS jurisdiction could be extended to an area that is served by municipal sewer if the sewer district granted permission or a variance to do so.
 
Q:What areas of the county are under the Racine County Code Administration zoning jurisdiction?
A:All of the unincorporated areas (Townships) in Racine County come under this office’s general zoning jurisdiction. Additional jurisdiction extends to shoreland and/or floodplain areas of the unincorporated areas in the County. Shoreland areas include lands within 1,000 feet of a navigable lake, pond or flowage and/or within 300 feet of a river or stream or to the landward side of its floodplain, whichever distance is greater. County zoning jurisdiction does not extend to cities or villages. However, Racine County has been contracted by the Village of Caledonia to issue general zoning and shoreland/floodland permits for the Village.
 
Q:What happens if I neglect to get a zoning permit?
A:In most cases, enforcement action would take place to correct the violation, and a double to quadruple zoning permit fee would be imposed for any required permit. In some cases a citation(s) may be issued. Each day a violation exists or continues shall constitute a separate offense. Other action could commence to seek forfeiture or penalty as outlined in the Zoning Ordinance.
 
Q:What is a POWTS?
A:POWTS is an acronym for a “private onsite wastewater treatment system” or what is sometimes referred to as a private sewage system. This would include various sewage treatment and disposal systems such as a holding tank, mound system, in-ground soil absorption system, at-grade system, pressure distribution system, drip-line effluent dispersal system, etc.
 
Q:What is a substandard lot?
A:A substandard lot is one which does not contain sufficient width, depth or area to conform to the dimensional requirements found in Section 20-191 of the Zoning Ordinance and was a legal lot or parcel of record in the office of the County Register of Deeds prior to the original adoption of the Zoning Ordinance or any applicable amendment to it. In general, a legal substandard lot may be utilized if it has a minimum width of 30´, a minimum area of 4,000 square feet and at least 33´ of the lot abuts a public street or other means of Town approved access that has been in existence prior to the original adoption of the Zoning Ordinance. If both an abutting lot or lands and a substandard lot are owned or become owned by the same owner on or after the effective date of the Zoning Ordinance, the substandard lot shall not be sold or used without full compliance with the provisions of the Ordinance. Such lots shall be combined into one lot by use of a deed restriction or similar instrument, which shall be recorded in the office of the County Register of Deeds, unless a habitable principal structure already exists on each lot that meets the applicable minimum provisions of Section 20-1020. With exception to some A-1 and A-3 zoning district exemptions, a substandard parcel is not allowed to be created under the present Zoning Ordinance.
 
Q:What is the cost for obtaining a permit?
A:The Fee Schedule (except Village of Caledonia) and Village of Caledonia Fee Schedule lists the zoning and sanitation fees, including permit costs. Note that all fees must be paid by cash or check. Checks for zoning fees can be made payable to “Racine County Planning” and sanitation fees should be payable to “Racine County Treasurer.”
 
Q:What is the zoning district for my property?
A:You can call the Code Administration office at (262) 886-8475 to find out the zoning district for any unincorporated area in Racine County and the Village of Caledonia (but not other cities and villages). It is helpful if you can provide the tax identification number for the property in question, which is normally found on the property tax bill. For City of Racine zoning questions please call (262) 636-9464. For Village of Mt. Pleasant zoning questions please call (262) 554-8750.
 
Q:What types of structures or uses require a zoning permit?
A:Most new structures require a zoning permit. All residential, commercial, recreational, institutional and industrial principal buildings along with any additions, alterations or conversions to such require a permit. Additions could include a garage, carport, first or second-story enlargement, basement, crawl space, outside stairs, porch, deck, landing, etc. Detached accessory structures that are 36 square feet or more in size (along with any additions, alterations or conversions to such) also require a permit. This could include a shed, pole barn, garage, greenhouse, tree house, gazebo, deck, and an outdoor swimming pool, spa, hot tub, etc. Advertising signs, billboards, tower broadcast facilities, mobile home and campground developments, non-residential security fences, ponds, mineral extraction, non-metallic mining, sanitary landfills and home occupations also need permits. In addition, tree/shrub cutting, landscaping (cutting or filling), riprap projects, and/or retaining walls in a shoreland and/or floodplain area require County approvals. When in doubt, call the office at (262) 886-8475, as this is not a complete list of possible permits. All permits/approvals are to be secured before anything is constructed, erected or placed on a property and before earth moving or cutting of trees and shrubs takes place in a shoreland area.
 
Q:When are a substandard lot and an abutting lot considered to be under the same ownership?
A: For the purposes of Section 20-191 of the Zoning Ordinance, lots and property shall be considered in the same ownership when owned by: the same individual or corporation; an individual and another in joint tenancy, or as tenants in common, and either of such joint or common tenants owns other abutting lots individually or as joint tenant or tenant in common with another; an individual and other abutting lots are owned by his spouse, parents, grandparents, children, grandchildren, or the spouse of any child or grandchild, or a brother or sister or spouse of a brother or sister of such person; and when any of such lots are owned by an individual and other abutting lots are owned by a corporation in which such individual is an officer or director or controlling stockholder.
 
Q:Why does Racine County charge a fee for the maintenance requirement for POWTS?
A:The Code Administration office was delegated the responsibility of creating an inventory of each POWTS that may exist within the County, setting up data bases to enter the information, sending out maintenance notices (postage, envelopes, copy costs), collecting and electronically recording the resulting maintenance dates, updating ownership, tracking for maintenance compliance, collecting and depositing fees, and enforcing violations (notices of violation, citations, court cases). The County must have the computers, software, employees, legal counsel, desks, phones, storage area, etc. to run the program, maintain records, and respond to inquiries. In addition, there are audits by the State, and the County must provide the staff time to facilitate this as well. Ultimately, the County Board approved a nominal fee to help cover the costs to run the program. More information about the $10 fee can be found in the FAQ entitled,Does Racine County have a maintenance requirement for POWTS? The fee is charged to owners of properties served by a POWTS, while people served by public sewer get separate utility fees that are not imposed on properties outside of the service area. It is a user-based type fee to help recover costs for the time, effort and expense to run the State-mandated program. There are double or triple fees assessed if the proof of maintenance/fee is overdue.