NR 118.07(9)(d)2.2. Herbicide use shall be limited to direct topical application to cut stems to prevent regrowth. The pruning of normal tree growth for safety reasons or to prevent interference with infrastructure and the removal of noxious weeds is permitted.

NR 118.07(9)(d)3.3. Mowing of a safety zone from the edge of the pavement back 15 feet or to the ditch bottom, whichever is less, and clearing intersection vision triangles is allowed. Other parts of the right-of-way may be mowed to control noxious weeds and undesirable brush only after July 15 of each year to avoid impacts to ground-nesting birds.

NR 118.07(9)(d)4.4. Cutting of trees more than 4 inches in diameter breast height is prohibited, except that trees that pose a hazard to public health or safety may be removed.

NR 118.07(10)(10) Bed and breakfast operations. A conditional use permit may be issued for a bed and breakfast operation if all of the following requirements are met:

NR 118.07(10)(a)(a) The bed and breakfast operation provides 4 or fewer rooms for rent to transient visitors.

NR 118.07(10)(b)(b) The bed and breakfast operation has sufficient parking spaces on their lot or on public roads for the guests.

NR 118.07(11)(11) Home occupations. A conditional use permit may be issued for the use of a single-family residence for a home occupation if all of the following requirements are met:

NR 118.07(11)(a)(a) The owner or person who rents the residence on a full-time basis conducts the home occupation.

NR 118.07(11)(b)(b) The home occupation is conducted inside of the residence and is subordinate to the use of the home as a principal residence.

NR 118.07(11)(d)(d) If the home occupation causes additional persons to visit the residence, sufficient parking is provided on the lot or on public streets.

NR 118.07(12)(12) Nature-oriented educational, non-profit facilities. A conditional use permit may be issued for a nature-oriented educational, non-profit facility if all of the following requirements are met:

NR 118.07(12)(b)(b) The facility has sufficient parking on its property or on public streets for patrons to park.

NR 118.07 HistoryHistory: Cr. Register, June, 1980, No. 294, eff. 7-1-80; am. (2) (c), (d), (e) 1. and 2., Register, February, 1984, No. 338, eff. 3-1-84; am. (2) (a) and (d) (intro.), Register, August, 1986, No. 368, eff. 9-1-86; CR 03-054: r. and recr. Register October 2004 No. 586, eff. 11-1-04.

NR 118.08(1)(1) Nonconforming uses. A nonconforming use may not be expanded or enlarged. An increase in the volume, intensity or frequency of use is allowed if the area used for the nonconforming use is not enlarged. A change from one nonconforming use to another nonconforming use is not allowed. If a nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to all of the requirements of the local zoning ordinance.

NR 118.08(2)(2) Nonconforming principal structures. In all management zones, ordinary maintenance and repair of nonconforming principal structures is allowed. However, structural alteration, reconstruction and expansion of nonconforming principal structures and replacement, improvement or structural alteration of the foundation may only be allowed if all of the following requirements are met, where applicable:

NR 118.08(2)(a)(a) Reconstruction of nonconforming principal structures. Nonconforming principal structures located within the ordinary high water mark setback area, bluffline setback area or slope preservation zone may be structurally altered or reconstructed and foundations may be replaced, improved or structurally altered if all of the following requirements are met:

NR 118.08(2)(a)2.2. The altered or reconstructed structure will be visually inconspicuous or will be rendered so through mitigation in accordance with sub. (5).

NR 118.08(2)(a)3.3. The structure is altered or reconstructed in the same footprint as the pre-existing structure.

NR 118.08(2)(a)4.4. The height of the altered or reconstructed structure complies with s. NR 118.06 (1) (d). The reconstructed structure may not be any taller than the pre-existing nonconforming structure, except that a flat roof may be replaced with a pitched roof.

NR 118.08(2)(a)6.6. The property owner submits a mitigation plan that complies with the requirements of sub. (5). If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved, by the local zoning authority. The mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.

NR 118.08(2)(a)7.7. Private on-site wastewater treatment systems are brought into compliance with the requirements of ch. SPS 383.

NR 118.08(2)(a)8.8. The foundation of the structure may not be replaced, improved or structurally altered. Notwithstanding the definition of “reconstruction” in s. NR 118.03 (36) and the preceding sentence, the foundation of the structure may be replaced, improved or structurally altered in conjunction with the reconstruction of the structure if the entire structure is more than 50 feet from the ordinary high water mark and is not located in a slope preservation zone.

NR 118.08(2)(a)9.9. An erosion control plan and revegetation plan shall be submitted to the local zoning authority for approval, or modification and approval, prior to the issuance of a permit for the structural alteration or reconstruction.

NR 118.08(2)(a)10.10. There will be no filling and grading activities conducted during the alteration or reconstruction, except for the minimum necessary to accomplish the alteration or reconstruction in compliance with other provisions of this chapter, and as needed to upgrade a private on-site wastewater treatment system, to replace sewer or water laterals, or to install storm water or erosion control measures.