TOWN OF
RUSHFORD GENERAL ZONING AND LAND USE REGULATION |
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1.1 INTRODUCTION |
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1.1.1 |
1.1.5 |
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1.1.2 |
1.1.6 |
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1.1.3 |
1.1.7 |
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1.1.4 |
1.1.8 |
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1.2 DEFINITIONS
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1.2.1 |
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1.3 ZONING
DISTRICTS |
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1.3.1 |
1.3.6 |
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1.3.2 |
1.3.7 |
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1.3.3 |
1.3.8 |
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1.3.4 |
1.3.9 |
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1.3.5 |
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1.4
STANDARDS |
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1.4.1 |
1.4.4 |
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1.4.2 |
1.4.5 |
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1.4.3 |
1.4.6 |
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1.5
SUPPLEMENTAL REGULATIONS |
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1.5.1 |
1.5.11 |
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1.5.2 |
1.5.12 |
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1.5.3 |
1.5.13 |
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1.5.4 |
1.5.14 |
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1.5.5 |
1.5.15 |
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1.5.6 |
Automobile
Wrecking Yards, Dumping Grounds, Junk Yards, Sanitary Land Fills, and Salvage
Yards |
1.5.16 |
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1.5.7 |
1.5.17 |
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1.5.8 |
1.5.18 |
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1.5.9 |
Convalescent
Homes, Hospitals, Public Buildings, Nursing Homes, Sanitariums, and Utilities |
1.5.19 |
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1.5.10 |
1.5.20 1.5.21 |
Prohibited Residence & Dwelling Units |
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1.6
ADMINISTRATION and AMENDMENTS |
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1.61 |
1.63 |
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1.62 |
1.64 |
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1.7
APPLICATIONS and APPEALS |
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1.7.1 |
1.7.5 |
Reasonable
Accommodation for Disabled or Handicapped Persons |
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1.7.2 |
1.7.6 |
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1.7.3 |
1.7.7 |
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1.7.4 |
1.7.8 |
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1.8
VIOLATIONS, ENFORCEMENT and PENALTIES |
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1.8.1 |
1.8.3 |
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1.8.2 |
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APPENDIX |
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A |
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B |
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MAPS |
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1 |
Official Town Zoning Map |
1.1. INTRODUCTION
1.1.1. Authority, Purpose
and Intent (back to top)
This ordinance is adopted under the authority granted by Sections 59.97 (5)(d), 60.10 (2)(c), 60.22 (3), 60.62, 61.35 and 62.23 of the Wisconsin Statutes. The purpose is to promote the health, safety, morals, beauty, aesthetics and general welfare of the Town of Rushford. The general intent is to produce a uniform zoning format for the town.
1.1.2. Abrogation and Greater Restrictions (back to top)
It is not intended by this Ordinance to interfere with, abrogate or annul any existing easements, covenants, or other agreements between parties, nor is it intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or rules, regulations or permit previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of structures or premises. However, whenever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall control. In addition, the provisions of the Winnebago County, Wisconsin, Shoreland/Flood Plain Ordinance, as adopted by said County as of the date of this Ordinance and as it may later be amended, are incorporated by reference. Whenever the Winnebago County Shoreland/Flood Plain Ordinance conflicts with applicable underlying provisions of this Zoning Ordinance, the more restrictive combinations of such ordinances shall govern.
1.1.3. Interpretation (back to top)
The provisions of this Ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, beauty, aesthetics and general welfare of the Town of Rushford, Winnebago County, Wisconsin, and shall be liberally construed in favor of the Ordinance.
1.1.4. Severability (back to top)
If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
1.1.5. Effective Date (back to top)
This amended Ordinance shall be effective as of 12:01 A.M., on the day after its adoption by the Town Board, its approval by a special Town Meeting called for such purpose, its approval by the Winnebago County Board, and its posting and publication, and shall remain in force and effect in the Town of Rushford until amended, rewritten or abolished by the Town Board of the Town of Rushford.
1.1.6. Title (back to top)
This amended Ordinance may be referred to as the Town of Rushford General Zoning and Land Use Regulation Ordinance, the General Zoning Ordinance, or the Zoning Ordinance.
1.1.7. Applicability (back to top)
This
ordinance applies to all development, structures, and land uses within the boundaries of the Town of Rushford situated
outside the limits of Shoreland/Flood Plain jurisdiction of Winnebago County.
1.1.8. Map (back to top)
This Ordinance includes the map, dated __________, _____ 2013 indicating the boundaries of all the zoning districts established by this Ordinance for the Town of Rushford, which map is incorporated herein by reference.
1.2. DEFINITIONS (back to top)
For the purpose of this Ordinance, the definitions set forth in this section shall be used. Words used in the present tense include the future. The singular number includes the plural number; the plural number includes the singular. The word "shall" is mandatory and not permissive. For technical terms not defined in this section, the definitions of ASPO Report No. 322 are incorporated by reference. Shoreland definitions set forth in Chapter NR 116 of the Wisconsin Administrative Code are incorporated by reference.
Access
means a recognized point of connection providing for vehicular entry on to a
local road where evidence of use has been clearly established.
Accessory building means a building, or any portion of a building that is subordinate to the main building and that is used for a purpose incidental to the permitted use of the main building or the premises.
Accessory
use means any use that is subordinate
to the principal use and that is incidental to the principal use.
Adult Oriented Establishment shall include but not be limited to adult bookstores, adult motion-picture theaters (indoor or outdoor), adult mini motion-picture theaters, adult motels, adult novelty shops, adult cabarets, adult bath houses, adult modeling studios, and adult body painting studios and further means any premises to which public patrons or members are regularly invited, admitted and/or allowed to view adult entertainment, whether or not such entertainment is held, conducted, operated or maintained for profit, direct or indirect. "Adult oriented establishment" further includes, without being limited to, any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term or like import.
Agricultural accessory use means any of
the following land uses on a farm:
(1)
A building, structure, or improvement that is an
integral part of, or is incidental to, an agricultural use. This may include, for example:
(a)
A facility used to store or process raw agricultural
commodities, all of which are produced on the farm.
(b)
A facility used to keep livestock on the farm.
(c)
A facility used to store or process inputs primarily
for agricultural uses on the farm.
(d)
A facility used to keep or service vehicles or
equipment primarily employed in agricultural uses on the farm.
(e)
A wind turbine or solar energy facility that
collects wind or solar energy on the farm, and uses or
transforms it to provide energy primarily for use on the farm.
(f)
A manure digester, biofuel facility, or other
facility that produces energy primarily for use on the farm and that primarily
uses materials grown or produced on the farm.
(g)
A waste storage or processing facility used to store
or process animal waste produced solely from livestock kept on the farm.
(2)
An activity or business operation that is an
integral part of, or incidental to, an agricultural use.
(3)
A business, activity, or enterprise, regardless of
whether it is associated with an agricultural use, which meets all of the following requirements:
(a)
It is conducted on a farm by an owner or operator of
that farm.
(b)
It requires no building, structure, or improvement
that is not an integral part of or incidental to an agricultural use or that is
not a farm residence or a normal appurtenance to a farm residence.
(c)
It employs no more than 4 full-time employees at any
time.
(d)
It does not impair or limit the current or future
agricultural use of the farm or other protected farmland.
(4)
Hunting shacks or warming shacks provided that no
water or sewage facilities are included.
Agricultural use means any of
the following activities conducted for the purpose of producing an income or
livelihood:
(1)
Aquaculture.
(2)
Beekeeping.
(3)
Crop or forage production.
(4)
Enrolling land in a federal agricultural commodity
payment program or a federal or state agricultural land conservation payment
program.
(5)
Floriculture.
(6)
Forest management.
(7)
Fur farming.
(8)
Keeping livestock.
(9)
Nursery, sod, or Christmas tree production.
Agriculture-related uses means a facility,
regardless of whether it is located on a farm, that has at least one of the
following as a primary and not merely incidental purpose:
(1)
Marketing livestock to or from farms.
(2)
Processing agricultural by-products or wastes
received directly from farms.
(3)
Providing agricultural supplies, agricultural
equipment, agricultural inputs or agricultural
services directly to farms.
(4)
Slaughtering livestock.
(5)
Storing, processing or
handling raw agricultural commodities obtained directly from farms.
Alley means a public
thoroughfare, which affords only a secondary means of access to abutting
property.
Animal unit
means the value used to establish the maximum number of animals permitted on a
tract of land. Animal units are
calculated by multiplying the number of animals of a particular type by the
appropriate Animal Unit Factor for that type of animal. The Animal Unit Factor for each type of
livestock is set by the Wisconsin Department of Agriculture, Trade and Consumer
Protection and published at Wis. Admin. Code ch. ATCP 51, Appendix A, Worksheet 1.
Automobile wrecking yard
means any premises on which more than one automotive vehicle, not in running or
operating condition, is stored in the open.
Antenna means any device or equipment used for the transmission or reception of electromagnetic waves, which may include omni-directional antenna (rod), directional antenna (panel), or parabolic antenna (disc).
Basement
means a story partly underground but having at least one-half of its height
above the mean level of the adjoining ground. A basement shall be counted as a
story for the purpose of height measurements if the vertical distance between
the ceiling and the mean level of the adjoining ground is more than five feet.
Bed and breakfast means a place of lodging for transient guests that is the owner’s personal residence, that is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
Boarding house means building, other than a hotel or motel, where lodging, meals, or both, are furnished for compensation for 4 or more persons who are not members of a family.
Building height means the vertical distance from the main elevation of the finished grade along the front of the building to the highest point.
Camp ground means a tract or parcel of land, privately or publicly owed, designated, maintained, intended, and used for the purpose of accommodating people, vehicles, equipment, and other accessories, for living and sleeping accommodations in a recreational setting, thereby supplying a location for day to day and overnight camping.
Camping trailer means a vehicle with a collapsible or folding structure designed for human habitation and towed upon a highway by a motor vehicle and any device designed for movement from place to place which provides protection from the elements and is used for living and sleeping accommodations on a day to day basis, including overnight camping, and is primarily used in a recreational and/or sporting activity, and including optional accessories of the same nature.
Carport means a private garage not completely enclosed by walls or doors. For the purpose of this ordinance, a carport shall be subject to all the regulations prescribed for a private garage.
Cellar means a story having more than one-half of its height below the mean level of the adjoining ground. A cellar should not be occupied for living purposes, and shall not be counted as a story for purposes of height measurement.
Cluster Subdivision – In the Town of Rushford, a Cluster Subdivision is allowing the consolidation of all single family homes on 25% (can be increased up to 40% if the Town accepts incentives to relax density standards) of an entire parcel, with the remaining 75% (not less than 60% based on incentives) being left open and undeveloped, and such land has the option of becoming a conservation easement, a donation (if acceptable to the recipient) to the County, Town or other entity to create permanent open space, being rented for farming, or being conveyed to any other entity that will only use the land as open space.
Co-Location
means the location of more than one antenna or set of
antennas on the same tower structure.
Commercial
means the use of land or a structure for the purpose of generating income.
Common
ownership means ownership by the same person or persons or by a legal
entity that is owned, in whole or in part, by the same person or persons. For the purposes of this ordinance, ownership
by one member of a married couple is deemed to be common ownership by the
married couple.
Community-based
Residential Facility (CBRF) means
a place where three (3) or more unrelated adults reside in which care,
treatment, or services above the level of room and board, but not including
nursing care, are provided in the facility. A community-based residential
facility is subject to State-level licensing and operational limitations are
set forth in Chapter 50 of the Wisconsin Statutes.
Community
use means a structure and related premises used to provide
athletic, civic, cultural, educational, medical, recreational, religious, or
social programs and services to the community.
Community uses include, but are not limited to
such things as a church, clinic, community center, fire station, hospital,
library, mausoleum, municipal hall, museum, park, playground, police station,
or school.
Conditional use means a use, either public or private, which because of its unique characteristics cannot be properly classified as a permitted use in any particular district or districts. After the Town Planning & Zoning Committee gives due consideration to the impact of such use on the neighboring land and the public need for the particular use at a particular location, the Planning & Zoning Committee shall make a recommendation to the Town Board, who may or may not grant the conditional use.
Conservation Subdivision
In the Town of Rushford, a Conservation Subdivision is
allowing the consolidation of all single family homes on 25% (can be increased
up to 40% if the Town accepts incentives to relax density standards) of an
entire parcel, with the remaining 75% (not less than 60% based on incentives)
being owned and maintained by a Homeowner’s Association into perpetuity.
(Example of Conservation/ Cluster Subdivision follows Cluster Subd. definition)
Contiguous means adjacent to or sharing a common boundary. A lot, parcel, or tract is contiguous with another lot, parcel, or tract if they have all, part, or any point of any boundary line in common. Lots, parcels, or tracts that are separated by a pipeline, private road, public road, railroad, right-of-way, river, section line, stream, transportation easement, transmission line, or transmission right-of-way are contiguous.
Development
means any activity which results in an alteration of either land or vegetation,
except farming, any normal grading and filling, for purposes of changing or
intensifying existing uses in residential, business, recreational, institutional or industrial property.
Driveway means a point of connection providing access to a local road, typically owned and maintained by the residents or businesses gaining access from it.
Family
means one or more persons occupying a premise and living as a single
housekeeping unit, as distinguished from a group occupying a boarding house,
lodging house or hotel.
Essential
service means electric, gas, sewer, telephone, or water service,
including the overhead, surface, or underground distribution or transmission
systems necessary to supply the service.
It includes the conduits, pipes, poles, towers, wires, and similar
devices necessary to supply these services, but does not include any buildings
necessary to supply these services. It does not include wind energy systems,
wireless communications facilities, or any structure or use listed as a
permitted, accessory, or conditional structure or use in any other district.
Farm
access means an access point typically unimproved and with very
low volume of use, which provides access to an agricultural location for
farming purposes.
Farm livestock means beef cattle, dairy cattle, horses, sheep, swine, or veal calves.
Frontage
means that part of a property that abuts a street or highway or that lies
between the front of a building and a street or highway.
Garage, private means a building or a space for the
storage of private property, vehicles, or both.
Garage, public means a building or premises where
motor-driven vehicles are equipped, hired, repaired, serviced, sold, or
stored. It does not include a private
garage or a storage garage that is only used for the storage of motor-driven
vehicles pursuant to a prior arrangement, provided that the private garage or
storage garage is not used by transients and provided that the private garage
or storage garage does not sell equipment, fuel, lubricants, or parts and does
not equip, service, repair, hire, or sell motor-driven vehicles.
Grade means the average level
of the finished surface of the ground adjacent to the exterior walls of the,
building or structure.
Half story
means a story under a gable, hip or gambrel
room, the wall plates of which on at least two opposite exterior walls are not
more than two feet above the floor of such story.
Height when used with respect to a building means the vertical distance from the finished grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the highest gable of a gambrel, hip, or pitched roof.
Height, Tower means the distance measured from the original grade at the base of the tower to the highest point of the tower.
Highway means a state or county highway, and which may serve the town as a whole and areas beyond the town. A highway carries a large volume of traffic. A County Trunk Highway is designated by Winnebago County pursuant to Sec 83.025, Statutes (synonymous with County Road).
Home occupation means an occupation for gain or support conducted only by members of a family residing on the premises and incidental to residence; provided, that no special space is designed or arranged for such occupation and no substantial stock-in-trade is kept or offered for sale except such as may be produced by members of the immediate family residing on the premises.
Hotel
or motel means a place where sleeping accommodations are offered for
pay to transients, in 5 or more rooms, and all related areas, buildings, and
rooms.
Household livestock means an animal that weighs less than
25 pounds.
Intersection means a place where two roads or a
road and a highway intersect.
Junk
means any material or object that is broken, deteriorated,
inoperable, worn out, or in such condition as to be generally unusable in its
present state for its original purpose and that has been collected or is stored
for conversion to some other use or for destruction or salvage. Any material or object that can be used for
its original purpose as readily as when new without being altered, changed, or
reconditioned is not considered junk.
Junk materials include, but are not limited to, building supplies, cardboard,
fabric, glass, metal, organics, paper, plastic, rubber, synthetics, and
wood. Junk objects include, but are not
limited to, appliances, automobiles, batteries, furniture, implements,
machinery, tools, trailers, trash, used tires (including used tires that are
holding down covers over hay or straw if the sidewalls of those tires have not
been cut to provide drainage), and vehicles.
Junk also includes debris, garbage, refuse, trash, waste, and other
material and objects commonly designated as junk. However, nothing in this ordinance is
intended to prohibit the storage of idle but operable farm equipment.
Junk
yard means any parcel of land or structure, or any portion of a
parcel of land or structure, on or in which there is an accumulation of junk,
unless the accumulation is completely contained within an enclosed structure.
Kennel means tract or parcel of land with or without improvements, privately or publicly owned, designated, maintained, intended, and used to lodge, house, service, or care for animal pets to include any facility to raise, breed, board, or medically treat animal pets.
Lattice
(Self-Support) Tower means a telecommunication tower that
consists of vertical and horizontal supports and crossed metal braces.
Livestock
means bovine animals, camelids, equine animals, farm-raised deer, farm-raised
game birds, farm-raised fish, goats, poultry, ratite, sheep, and swine.
Local Road means a publically dedicated street or road, other than a County Trunk or Federal or State Highway, primarily for access to residence, business, or other abutting property.
Loading area means a completely off street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
Lodging house means a building other than a hotel where lodging is provided for compensation.
Lot
means a parcel of land occupied or to be occupied by one
main building or use, with its accessories and including the open space
accessory to it. No area shall be counted as accessory to more than one main
building or use, and no area necessary for compliance with the open‑space
requirements for one main building or use shall be included or counted in the
calculation of the open space accessory to any other main building or use.
Lot, corner means a lot abutting on 2 or more streets at their intersection, provided that the interior angle of the intersection is less than 135 degrees.
Lot depth means the horizontal distance of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line.
Lot
line means a boundary line of a lot.
Lot line, adjoining means a lot line on a contiguous
parcel that is not under common ownership.
Lot line, front means a lot line that is common to an
access easement or a public or private road.
If a lot abuts more than one road, the lot owner must designate the lot
line that abuts one of the roads as the front lot line at the time the lot is
developed.
Lot line, rear means the lot line that is most
opposite or most distant from the designated front lot line. If the front lot line is curved, the rear
property line will be determined by using a line tangent to the front property line
at its midpoint. If the property abuts a waterfront property, the rear lot line
is the lot line that adjoins the ordinary high water
line, unless otherwise designated by the town.
Lot line, side means a lot line that intersects a
front lot line and a lot line that is not a front or rear lot line.
Lot size means the total area of a tract of
land. Roads, rights of way, and open
spaces that are dedicated to the public are excluded when calculating lot size.
Lot size, minimum means the smallest tract of land
permitted in a zoning district. The
minimum lot size depends on the zoning district in which the land is located.
Lot width means the distance between the side
lot lines measured along a line that is at right angles to the lot depth line
at a point which is set back the minimum required distance from the front lot
line.
Manufactured
Home means a structure that is designed to be used as a dwelling
unit with or without a permanent foundation, built on a permanent chassis,
transportable in one or more sections, and certified and labeled as a
manufactured home under 42 U.S.C. §§ 5401-5426 and that includes required
utilities, such as air conditioning, electrical, heating, and plumbing systems.
Mobile
home means a structure that is transportable in one or more
sections, built on a chassis, and designed to be used as a dwelling unit with
or without permanent foundation, and that was built prior to the enactment of
the Federal Manufactured Construction and Safety Standards Act of 1974, which
became effective July 15, 1976. When connected to the required utilities, it
includes the air conditioning, electrical, heating, and plumbing systems
contained in the mobile home.
Monopole means a telecommunication tower of single pole design.
Multiple
dwelling means a building or portion thereof used or designed as a
residence for three or more families living independently of each other.
Nonconforming
lot of record means a single nonconforming parcel
that was recorded with the Register of Deeds prior to the date that the town in
which the parcel is located initially adopted this ordinance. It also means one or more nonconforming
parcels that were recorded with the Register of Deeds prior to the date that
the town in which they are located initially adopted this ordinance and that,
taken collectively with all adjacent parcels held in common ownership, do not
conform to the requirements of this ordinance for the zoning district in which
they are located.
Nonconforming
parcel means a parcel that does not conform to the requirements of
this ordinance for the zoning district in which it is located, was established
prior to the date that the town in which it is located initially adopted this ordinance, and was lawful when it was established.
Nonconforming
sign means a sign whose dimensions, location, or other physical
characteristics do not conform to the requirements of this ordinance, but that
conformed to the requirements of the ordinance in effect at the time it was
constructed or placed in its current location.
Nonconforming
structure means a building or other structure whose dimensions,
location, or other physical characteristics do not conform to the requirements
of this ordinance, but that conformed to the requirements of the ordinance in
effect at the time it was constructed or placed in its current location.
Nonconforming use means a use of land or a structure that does not conform to the use regulations for the zoning district in which it is located, but that conformed to the use requirements of the ordinance in effect at the time that the current use began.
One-family
dwelling means a detached building designed for or occupied
exclusively by one family.
Open
space area or open space parcel
means a tract of land on which no structures, other than hunting blinds or
small sheds, have been constructed or may be approved for construction.
Operation means other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications, it shall be deemed in operation.
Outdoor wood burning furnace means a device, located outside of the principal structure, that generates heat by burning wood or other solid fuel for the purpose of heating the principal or any other structure on the premises.
Parent
parcel means parcels of record, as identified by individual tax
parcel numbers, as of the effective date of this ordinance.
Park
trailer means a travel trailer that is certified as complying with
American National Standards Institute Standard A119.5 and that is designed,
intended to be, or actually placed on a site for an
extended period of time for the purposes of providing living quarters for
camping, recreational, or seasonal use.
Typically, a park trailer will not have a holding tank or dual-voltage
appliances and will require electrical, water, and sewage connections in order to function.
Parking space means the off‑street area required for parking one automobile.
Person means
any individual and any association, cooperative, corporation, estate, firm,
joint venture, limited liability company, limited liability partnership, local
government unit, municipality, organization, partnership, proprietorship,
service corporation, trust, or other legal entity.
Premises means a building and the grounds on which the building is located.
Principal use means the main use of land or structures as distinguished from a secondary or accessory use.
Private
garage means an accessory structure or portion of the principal
building designed and used for the storage of motor vehicles by the occupants
of the building to which it is accessory.
Private
road means a privately owned access or driveway with multiple
parcels or a single owner, not formally accepted or maintained by a governmental
body as a Town Road, City Street or County Road or Highway.
Public
garage means a garage other than a private garage.
Public
use means a structure and related premises used by a private or
public entity to provide a public service.
Public use includes, but is not limited to, such things as an emergency
service facility, exposition space, incinerator, mechanical shop, recycling
facility, sewage disposal facility, sewage treatment plant, solid waste storage
or transfer station, storage yard, storm water management facility, or
warehouse.
Reasonable
accommodation means a deviation from the strict
requirements of this ordinance which is necessary to provide equal housing
opportunity for a disabled person or persons.
An accommodation is reasonable if it does not cause an administrative
burden, fiscal burden, or undue hardship on the town and does not undermine the
basic purpose of this ordinance.
Recreational
camp means an area, parcel,
premises, or tract of land on which facilities are provided for overnight or
short-term camping in bedrolls, camping trailers, motor homes, pick-up coaches,
tents, or travel trailers, or that otherwise meets the criteria specified in
Wis. Admin. Code ch. DHS 178. A recreational camp includes accessory
buildings and service facilities required by the State Board of Health and a
residence or living quarters for the owner or caretaker on the premises. For
purposes of this ordinance, a recreational camp means the same as and is
synonymous with camp and campground.
Recreation
center means a facility where recreational activities or amenities
are made available to the general public for a fee or
are restricted to members.
Recreation
vehicle means any unit other
than a mobile or manufactured home, whether self-propelled, mounted on, or
towed by another vehicle, that is used for recreational purposes. It includes, but is not limited to, an
all-terrain vehicle, boat, camper, folding tent trailer, motor home, park
trailer, snowmobile, travel trailer, or truck camper.
Roadside stand means a structure with an area of 100
square feet or less that is readily removable in its entirety, not wholly
enclosed, and not permanently attached to the ground and that is used solely
for the sale of farm products produced on the premises.
Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallowish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas
Setback means the distance from a lot line or
other specified line to a structure or other specified point on a lot as
measured perpendicularly to the lot line or other specified line.
Sign means any artifact, device, or object
that is used or intended to be used to communicate information about, direct
attention to, or identify an activity, business, entity, institution, person,
place, product, service, or thing.
Sign, directional means a sign that provides information
about a place that is deemed by the Wisconsin Department of Transportation or
the board of appeals to be of interest to the traveling public. Such places include areas of natural scenic
beauty, that contain natural phenomena, or that are naturally suited for
outdoor recreation; places that are owned or operated by a government
authority; and public or privately owned cultural, educational, historic, and
scientific sites.
Sign, electronic means any sign that displays an image
or text that can be changed by a computerized, electrical, electronic, or mechanical
process.
Sign, government means a sign erected by or on the
order of a public official in the performance of his or her official duties,
including, but not limited to, danger, directional, traffic control, notice,
public safety, public utility, railroad crossing, regulatory, and warning
signs.
Sign, marquee means a sign that is attached to or
constructed in, on, or under a canopy or other permanent roof-like structure
projecting from a wall over the entrance to a building or other structure.
Sign, vehicular means a sign that is attached to or
painted on a bus, trailer, truck, or other vehicle that is primarily used for
the purpose of providing a surface area for signage and that is not regularly
used to provide transportation in the normal day-to-day operation of a
business.
Sign, wall means a sign that is affixed to or
painted on an exterior wall of a structure, projects not more than 12 inches
from the structure, and does not extend more that 6
feet above the eaves, facade, parapet, or roof of the structure on which it is
located.
Stable means an accessory building in which horses are kept.
Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
Street means a public or private thoroughfare, which affords the principal means of access to abutting property.
Structural alteration
means any change in a supporting member of a building, such as a beam, bearing
partition, bearing wall, column, exterior wall, foundation, or girder and any
structural change in the roof.
Structure
means anything constructed or erected on the ground or any improvement built up
or composed of parts joined together in some definite manner and affixed or attached
to the ground, including signs and walls, but not including flowerbed frames
and other such minor incidental improvements.
Telecommunication Facility means a facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunication signals, excluding those facilities exempted under Section 1.28(2).
Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including guy towers, monopole towers, and self-supporting lattice towers.
Tower Accessory structure means any structure located at the base of a tower for housing, receiving or transmitting equipment.
Tower, camouflaged means any telecommunication tower that, due to design or appearance, hides, obscures, or conceals the presence of the tower and antenna.
Tower, guyed means
a telecommunication tower that is supported in whole or in part by guy wires
and ground anchors or other means of support besides the superstructure of the
tower itself.
Trade or contractor storage means the inside storage of materials associated with a trade such as carpentry, construction, electric, remodeling, plumbing, roofing, or siding, where the principal business activity is performed off-site.
Travel trailer
means a recreation vehicle that is primarily designed to provide temporary
living quarters for camping, recreation, or seasonal use; that is built on a
single chassis, mounted on wheels, and has gross trailer area not exceeding 400
square feet when set-up; and that is certified as complying with ANSI A119.5.
Two-family dwelling means a building designed for or occupied exclusively by two families living independently of each other.
Usable floor area
means the area within the exterior wall lines of a building; provided, that the
floor area shall not include attics, cellars or utility rooms, garages,
breezeways and unenclosed porches, and other areas not furnished or usable as
living quarters.
Utility
means a building and related premises used to provide essential services, such
as an electrical power substation, gas regulation station, microwave radio
relay, sewage pumping station, static transformer station, telegraph and
telephone exchange, water pumping station, water tower, or water well. It
includes any conduit, duct, equipment, line, pipe, pipeline, pole, tank, tower,
wire, or other structure located on the premises that are used to deliver the service, but does not include high-voltage transmission
lines used for the transmission or distribution of electricity.
Vacation home rental means a dwelling unit that is advertised or held out to the public as a place where sleeping accommodations are furnished to the public for a period of less than 1 month at a time; that is not a bed and breakfast, hotel, motel, or resort; and that is not the owner’s primary residence.
Yard means an open space on the same lot with a principal building or group of Structures which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this ordinance, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located. The yard depth or width is measured as the minimum horizontal distance between the lot line and the nearest point of a building or any projection thereof, excluding uncovered steps. Ordinary projection of sills, belt courses, chimneys, flues, eaves and troughs may project into the required yard no more than one third of its minimum width or twenty four inches, whichever is smaller.
Yard, front means an open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the front line of the lot and the front line of the building, projected to the side lines of the lot.
Yard, rear means an open space on the same lot as the main building, unoccupied except for accessory structures which may occupy the rear yard as permitted in the residence districts. The rear yard is situated between the rear line of the lot and the rear line of a principal building, projected to the side lines of the lot.
Yard, side means an open, unoccupied space on the same lot with the main building, situated between the side of the building and the adjacent side line of the lot, and extending from the rear line of the front yard to the front line of the rear yard. If there is no front yard, the front boundary of the side yard shall be the front line of the lot, and if there is no rear yard, the rear boundary of the side yard shall be the rear line of the lot.
Vision Corner means a triangular approach zone at street and/or driveway intersections intended to allow visibility of approaching vehicular traffic, pedestrians, or bicycles.
1.3.1. Establishment of Districts
(back to top)
To
regulate and restrict the location of trades, industries, residences and other
uses, and the location of structures designed, erected, altered
or occupied for specific purposes; to regulate and limit the size of the
building hereafter erected or altered; to regulate and limit the density of
population.
(1) The following zoning districts are
created:
(a) General
Agriculture (GA)
(b) Large
Estate Residential (LER)
(c) Small
Estate Residential (SER)
(d) Rural
Residential (RR)
(e) High
Density Residential (HDR)
(f)
Commercial/Business (CB)
(g) Industrial
(ID)
(h) Public
Lands Institutional (PLI)
(2) Official
Zoning Maps.
(a) The
Town Clerk shall keep an official zoning map and a copy of each revision to the
official zoning map.
(b) The
boundaries of the districts within the Shoreland zoning overlay(s) are set
forth on the Official Zoning Map(s) of Winnebago County on file in the office
of the Winnebago County Zoning Department.
(c) In
addition to zoning district boundaries, any legend, notation, reference,
symbol, or other information shown on the official zoning map is incorporated
into this ordinance.
1.3.2. General Agriculture (GA) (back to top)
(1) Purpose. The purpose
of the General Agriculture (GA) district is to provide a rural area
with a mixture of agricultural,
low-density residential, and rural commercial activity. The district provides for residential development at modest densities consistent with a generally rural
environment and allows for nonresidential uses that require relatively large land areas or that are compatible with
the surrounding rural land (minimum of 20 acres, exclusive of road right-of-way).
(2)
Principal Uses. The following uses are allowed in the GA district:
(a) Agricultural
uses.
(b)
Dairies
and cheese factories.
(c) Essential
services.
(d) Facilities used to keep cattle, goats,
poultry, sheep, or swine. (Note this use may also be subject
to the requirements of Winnebago County Ch. 13 Livestock Waste Management Ordinance.)
(e) Kennels.
(f)
Open space areas.
(g) Park
trailers.
(h) Private
garages.
(i)
Single
family residences.
(j)
Undeveloped natural resource areas.
(k) Other
uses that are authorized or required
to be located in
a specific place by state or federal
law.
(3) Accessory Uses. The following uses are
allowed in the GA district, subject
to any applicable provisions
contained in Part 5.
(a) Agricultural
accessory uses.
(b) Home
occupations.
(c) Hunting shacks or warming shacks with no water or sewage facilities.
(d) On-premise business signs of up to 32 square feet for allowable
uses.
(e) Other
accessory structures
and uses that are incidental to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.
(f) Roadside
stand, one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(g) Small
wind energy systems.
(h) Trade or contractor
storage.
(4) Conditional Uses.
The following uses may
be allowed in the GA district
upon the issuance of a conditional use permit:
(a)
Agricultural related uses.
(b)
Airports, air strips, and landing fields.
(c)
Bulk storage of agricultural products, cooperatives, feed mills, fertilizer plants, and fuel used for agricultural purposes.
(d)
Camps and campgrounds.
(e)
Commercial
riding stables.
(f)
Community uses.
(g)
Directional signs.
(h)
Farm
implement sales and service.
(i)
Fruit
and vegetable processing plants.
(j)
Infrastructure
that is compatible with the district, including agricultural aeronautic facilities; communication uses, such as antennae, broadcast towers,
cell towers, and transmission lines; drainage
facilities; electrical transmission lines; gas, oil, and other pipelines;
large wind energy systems; rail facilities; roads; solar energy facilities;
and transportation uses.
(k)
Junk yards,
salvage yards,
or other facilities for the baling, handling, processing, reclamation, recycling, remanufacture, sale, salvage, or storage of junk or other second-hand or used materials.
(l)
Landscape
businesses.
(m)
Nonmetallic mining.
(n)
Public garages.
(o)
Public uses.
(p)
Recreation vehicle parks.
(q)
Sawmills.
(r)
Utilities.
(s)
Vacation home rentals.
(5)
Yard Requirements. The following requirements apply to the GA district:
(a) Land Area.
The minimum land area is 20 acres, exclusive of the
road right of way, subject to the two exceptions set forth below.
(i)
A parcel or lot that is a
minimum of 20 acres may be subdivided once into two smaller parcels. The smaller parcel may not be less than one
acre in size.
(ii)
A parcel or lot that is
a minimum of 20 acres may be subdivided into more than two parcels provided
that, if more than two parcels are created the minimum lot size shall be five
(5) acres and the new parcel or parcels are conveyed to an immediate family
member. An immediate family member is defined as a parent, child, grandchild,
sibling, or a spouse of one of them. A certified survey map shall be required
to divide the parcel or lot under either exception. The certified survey map shall note whether
additional divisions are allowed or whether they are prohibited and shall
indicate that the restriction may be removed by action of the Town. (updated 1/5/2022)
(b) Frontage.
The minimum lot width is 150 feet. An exception to the 150 foot
standard is in a Cluster or Conservation Subdivision that has been granted an
incentive density bonus, in which case the minimum lot frontage will be not
less than 125 feet.
(c) Yard, front.
i. The minimum setback distance required from a town road is
60 feet from the center line and not less than 25 feet from the right-of-way
line.
ii. The minimum setback distance required from a county or
state trunk highway is 100 feet from the center line and not less than 25 feet
from the right-of-way line.
(d) Yard, side.
i. The
minimum setback for principal and conditional use structures is 25 feet.
ii. The minimum setback of accessory structures is 10 feet.
(e) Yard, rear.
i. The
minimum setback for principal and conditional use structures is 25 feet.
ii. The minimum setback of accessory structures is 10 feet.
(f) Building
Height. The maximum height for any structure
is 60 feet except farm structures not used for human habitation.
(g) Vision Corner. A vision corner is an area of a property within a
triangle created by a straight line connecting points
seventy-five (75) feet back from the intersecting roadways. Within this vision corner, no fences, walls,
signs and maintained shrubbery shall exceed three (3) feet in height and no
part of any building shall be allowed.
(h) All residences shall have a minimum size of 1,000 square feet.
(Changed 1/5/2022)
1.3.3. Large Estate Residential (LER) (back
to top)
(1) Purpose. The purpose
of the Large Estate Residential (LER) district is
to provide areas for single-family residential and
planned residential developments
on large lots while allowing
for agricultural activity in mostly rural
areas of the town. The low-density requirements
are intended to provide for areas
where the presence of vegetation
and open space helps create quiet and visually attractive residential areas (minimum of 5 acres, exclusive of road right-of-way).
(2) Principal Uses. The following uses are allowed in the LER district:
(a) Single-family residences.
(b) Agricultural uses, such as a garden, greenhouse, nursery, and usual farm buildings, subject to the following restrictions:
1. A
building in which animals are kept must be at least 25 feet from any adjoining lot line.
2. No
more than 1 animal unit of farm livestock and no more than 5 household livestock animals are allowed
per acre within confinement area.
3. The storage or use of manure or any odor or
dust-producing substance is prohibited within 25 feet of any adjoining lot
line.
4. A
greenhouse
heating plant must be at least 25 feet from any adjoining lot line.
(c) Community living
arrangements with a capacity for
8 or fewer persons and foster homes, subject to the provisions set
forth in Wis. Stat. § 60.63.
(d) Essential services.
(3) Accessory Uses.
The following uses are
allowed in the LER district, subject to any
applicable provisions contained in
part 5.
(a) Contractor or trade storage.
(b) Home occupations.
(c) Private garages.
(d) Roadside stand,
one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(e) Small wind energy systems.
(f) Solar energy systems.
(g) Other accessory
structures and uses that are incidental
to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.
(4) Conditional
Uses. The following uses may be allowed
in the LER
district upon the issuance of a conditional use permit:
(a) Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in
Wis. Stat. § 60.63.
(b) Community uses.
(c) Day care.
(d) Kennels.
(e) Infrastructure that is compatible with the district,
including agricultural aeronautic facilities; communication uses, such as antennae, broadcast towers, cell towers, and
transmission lines; drainage facilities; electrical transmission lines; gas, oil, and other pipelines;
large wind energy systems; rail facilities; roads; solar energy facilities;
and transportation uses.
(f) Utilities.
(g) Vacation home rentals
(5) Yard Requirements.
The
following requirements apply to the LER district:
(a)
Land
Area. The minimum lot
size
is 5 acres, exclusive
of road right-of-way.
(b)
Frontage.
The minimum lot width is 150 feet. An exception to the 150 foot
standard is in a Cluster or Conservation Subdivision that has been granted an
incentive density bonus, in which case the minimum lot frontage will be not
less than 125 feet.
(c)
Yard,
front.
(i)
The minimum
setback distance required from a town road is 60 feet from the center line and
not less than 25 feet from the right-of-way line.
(ii)
The minimum
setback distance required from a county or state trunk highway is 100 feet from
the center line and not less than 25 feet from the right-of-way line.
(d)
Yard,
side.
(i)
The minimum setback for principal and conditional use structures
is 25 feet.
(ii)
The
minimum setback of accessory structures is 10 feet.
(e)
Yard,
rear.
(i)
The minimum setback for principal and conditional use structures
is 25 feet.
(ii)
The
minimum setback of accessory structures is 10 feet.
(f)
Building Height. The maximum
height for any structure is thirty-five (35) feet or two and one-half (2½)
stories in height. Accessory structures shall not exceed eighteen (18) feet in
height. Heights are determined from the main elevation of the finished grade
adjoining and along the front of the building to the highest point..
(g)
Vision Corner. A vision
corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back
from the intersecting roadways. Within
this vision corner, no fences, walls, signs and maintained shrubbery shall
exceed three (3) feet in height and no part of any building shall be allowed.
(h)
Fencing. All fences
shall meet requirements according to the State Building Code. No fence shall exceed eight (8) feet in
height. Fences must be set back from any lot line at least two (2) feet, and
the fence structure and any lawn area under the fence must be maintained. The exception to the eight (8) foot maximum
fence height is the first 35 feet from any public roadway, which is limited to
three (3) feet in height.
(i)
All residences shall
have a minimum size of 1,000 square feet. (Changed 1/5/2022)
1.3.4. Small Estate Residential (SER) (back to top)
(1) Purpose. The purpose
of the Small Estate Residential (SER)
district is to provide areas for mixed
residential and agricultural activity in mostly rural areas
of the town. This district provides for residential development at modest densities consistent with a generally rural
environment; provides for specific nonresidential uses that require relatively large
land areas and that are compatible with the surrounding residential uses; and still allows for some agricultural uses (minimum of 2 acres, exclusive of road right-of-way).
(2) Principal Uses. The following uses are allowed in the SER district:
(a) Single-family residences.
(b) Community living
arrangements with a capacity for
8 or fewer persons and foster homes, subject to the provisions set
forth in Wis. Stat. § 60.63.
(c) Agricultural uses, such as a garden, greenhouse, nursery, and usual farm buildings, subject to the following restrictions:
1. A building in
which animals are kept must be at least 25 feet from any adjoining lot line.
2. No more than 1 animal unit of farm livestock and no more than 5 household livestock animals are allowed
per acre within confinement area.
3. The storage or use of manure or any odor or
dust-producing substance is prohibited within 25 feet of any adjoining lot
line.
4. A greenhouse
heating plant must be at least 25 feet from any adjoining lot line.
(d) Essential services.
(3) Accessory Uses. The following uses may be allowed in the SER district, subject to any applicable provisions contained in Part 5.
(a)
Contractor or trade storage.
(b) Home occupations.
(c) Private garages.
(d) Roadside
stand, one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(e) Small wind energy systems.
(f) Solar energy systems.
(g) Other accessory
structures and uses that are incidental
to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.
(4) Conditional
Uses. The following uses may be allowed
in the SER district upon the issuance of a conditional use permit:
(a) Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in
Wis. Stat. § 60.63.
(b) Community uses.
(c) Kennels.
(d) Utilities.
(e) Vacation home rentals.
(5) Yard Requirements. The
following requirements apply to the SER district:
(a)
Land
Area. The minimum lot
size
is 2 acres, exclusive
of road right-of-way.
(b)
Frontage.
The minimum lot width is 150 feet. An exception to the 150 foot
standard is in a Cluster or Conservation Subdivision that has been granted an
incentive density bonus, in which case the minimum lot frontage will be not
less than 125 feet.
(c)
Yard,
front.
(i) The minimum setback distance required from a town road is
60 feet from the center line and not less than 25 feet from the right-of-way
line.
(ii) The minimum setback distance required from a county or
state trunk highway is 100 feet from the center line and not less than 25 feet
from the right-of-way line.
(d)
Yard,
side.
(i) The
minimum setback for principal and conditional use structures is 25 feet.
(ii) The minimum setback of accessory structures is 10 feet.
(e)
Yard,
rear.
(i)
The minimum setback for principal and conditional use structures
is 25 feet.
(ii)
The
minimum setback of accessory structures is 10 feet.
(f)
Building Height. The maximum
height for any structure is thirty-five (35) feet or two and one-half (2½)
stories in height. Accessory structures shall not exceed eighteen (18) feet in
height. Heights are determined from the main elevation of the finished grade
adjoining and along the front of the building to the highest point.
(g)
Vision Corner. A vision
corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back
from the intersecting roadways. Within
this vision corner, no fences, walls, signs and maintained shrubbery shall
exceed three (3) feet in height and no part of any building shall be allowed.
(h)
Fencing. All fences
shall meet requirements according to the State Building Code. No fence shall exceed eight (8) feet in
height. Fences must be set back from any lot line at least two (2) feet, and
the fence structure and any lawn area under the fence must be maintained. The exception to the eight (8) foot maximum
fence height is the first 35 feet from any public roadway, which is limited to
three (3) feet in height.
(i)
All residences shall
have a minimum size of 1,000 square feet. (Changed 1/5/2022)
1.3.5. Rural Residential (RR) (back to top)
(1) Purpose. The purpose
of the Rural Residential (RR)
district is to provide areas
for mixed residential and low-impact non-residential development on relatively small lots (minimum
of 1 acre, exclusive of road right-of-way).
This zoning category is limited to
“Encouragement Zones”: (1 mile radius unlimited growth) as shown on the Town of
Rushford’s Comprehensive Plan. Creation of
single-family lots in the RR zone will be allowed in conventional subdivisions
or Certified Survey Mapped parcels within “Encouragement Zone” areas. It will be the developer’s responsibility to
review the Town’s Comprehensive Plan to determine if the land to be rezoned or
platted is located in “Encouragement Zones”.
(2) Principal uses. The following uses are allowed in the RR district:
(a) Single-family residences.
(b) Community living
arrangements with a capacity for
8 or fewer and foster homes,
subject to the limitations set forth in Wis.
Stat. § 60.63.
(c) Agricultural uses, such as a garden, greenhouse, nursery, and usual farm buildings, subject to the following restrictions:
1. A
building in which farm animals are kept must be at least 25 feet
from any adjoining lot line.
2. No
more than 1 animal unit of farm livestock and no more than 5 household livestock animals are allowed
per acre within confinement area.
3. The
storage or use of manure or any odor or dust-producing substance is prohibited
within 25 feet of any adjoining lot line.
4. A
greenhouse
heating plant must be at least 25 feet from any adjoining lot line.
(d) Essential services.
(3) Accessory Uses.
The following uses are
allowed in the RR district, subject to any applicable provisions contained in Part 5.
(a) Contractor or trade storage.
(b) Home occupations.
(c) Private garages.
(d) Roadside
stand, one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(e) Small wind energy systems.
(f) Solar energy systems.
(g) Other accessory
structures and uses that are incidental
to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.
(4) Conditional Uses. The following uses are allowed in the RR district, subject to
the issuance of a conditional use permit:
(a) Cemeteries.
(b) Community living arrangements with a capacity of 9 or more persons, subject
to the provisions set forth in Wis. Stat.
§ 60.63.
(c) Community uses.
(d) Day care.
(e) Kennels.
(f) Mini-warehouses.
(g) Two-family residences.
(h) Utilities.
(i) Vacation home rentals.
(j) Veterinary clinics.
(k) Other small businesses
not specifically listed, but which are deemed
by the Planning and Zoning Committee
to be similar to those listed.
(5) Yard Requirements. The following requirements apply to the RR district:
(a)
Land
Area. The minimum lot
size
is 1 acre, exclusive
of road right-of-way.
(b)
Frontage.
The minimum lot width is 150 feet. An exception to the 150 foot
standard is in a Cluster or Conservation Subdivision that has been granted an
incentive density bonus, in which case the minimum lot frontage will be not
less than 125 feet.
(c)
Yard,
front.
(i) The minimum setback distance required from a town road is
60 feet from the center line and not less than 25 feet from the right-of-way
line.
(ii) The minimum setback distance required from a county or
state trunk highway is 100 feet from the center line and not less than 25 feet
from the right-of-way line.
(d)
Yard,
side.
(i)
The minimum setback for principal and conditional use structures
is 25 feet.
(ii)
The
minimum setback of accessory structures is 10 feet.
(e)
Yard,
rear.
(i)
The minimum setback for principal and conditional use structures
is 25 feet.
(ii)
The
minimum setback of accessory structures is 10 feet.
(f)
Building Height. The maximum
height for any structure is thirty-five (35) feet or two and one-half (2½)
stories in height. Accessory structures shall not exceed eighteen (18) feet in
height. Heights are determined from the main elevation of the finished grade
adjoining and along the front of the building to the highest point..
(g)
Vision Corner. A vision
corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back
from the intersecting roadways. Within
this vision corner, no fences, walls, signs and maintained shrubbery shall
exceed three (3) feet in height and no part of any building shall be allowed.
(h)
Fencing. All fences
shall meet requirements according to the State Building Code. No fence shall exceed eight (8) feet in
height. Fences must be set back from any lot line at least two (2) feet, and
the fence structure and any lawn area under the fence must be maintained. The exception to the eight (8) foot maximum
fence height is the first 35 feet from any public roadway, which is limited to
three (3) feet in height.
(i)
All residences shall
have a minimum size of 1,000 square feet. (Changed 1/5/2022)
1.3.6. High Density Residential (HDR) (back to top)
(1) Purpose. The purpose
of the High Density Residential (HDR) district is
to provide areas for a variety of residential
uses, including single-family residential development at fairly high densities and multiple occupancy developments.
This district will be located in areas with an existing mixture of residential types, certain regions
that are served by public sewer, and other locations where high-density residential
developments are appropriate
(minimum of 1/2 acre, exclusive of road
right-of-way).
(2) Principal Uses. The following uses are allowed in the HDR
district:
(a) Single-family and two-family residences.
(b) Community living
arrangements with a capacity for
8 or fewer and foster homes,
subject to the limitations set forth in Wis.
Stat. § 60.63.
(c) Community living arrangements with a capacity for 9 to 15 persons, subject
to the limitations set forth in Wis. Stat. § 60.63.
(d) Essential services.
(e) Manufactured home parks.
(f) Multi-family dwellings.
(3) Accessory Uses.
The following uses are
allowed in the HDR
district, subject to any applicable provisions
contained in Part 5.
(a) Home occupations.
(b) Private garages.
(c) Roadside
stand, one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(d) Small wind energy systems.
(e) Solar energy systems.
(f) Other accessory structures
and uses that are incidental to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.
(4) Conditional
Uses. The following uses are allowed
in the HDR district upon the issuance of a conditional use permit:
(a) Community living
arrangements with a capacity for
serving 16 or more persons, subject
to the limitations set forth in Wis. Stat. § 60.63.
(b) Community uses.
(c) Day care.
(d) Utilities.
(e) Vacation home rentals.
(5) Yard Requirements. The
following requirements apply to the HDR district:
(a)
Land
Area. The minimum lot
size
is 21,780 ft.2 (1/2 acre),
exclusive
of road right-of-way.
(b)
Frontage.
The minimum lot width is 100 feet.
(c)
Yard,
front.
(i) The minimum setback distance required from a town road is
60 feet from the center line and not less than 25 feet from the right-of-way
line.
(ii) The minimum setback distance required from a county or
state trunk highway is 100 feet from the center line and not less than 25 feet
from the right-of-way line.
(d)
Yard,
side.
(i) The
minimum setback for principal and conditional use structures is 7½ feet.
(ii) The minimum setback of accessory structures is 5 feet.
(e)
Yard,
rear.
(i) The
minimum setback for principal and conditional use structures is 7½ feet.
(ii) The minimum setback of accessory structures is 5 feet.
(f)
Building Height. The maximum
height for any structure is thirty-five (35) feet or two and one-half (2½)
stories in height. Accessory structures shall not exceed eighteen (18) feet in
height. Heights are determined from the main elevation of the finished grade
adjoining and along the front of the building to the highest point.
(g)
Vision Corner. A vision
corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back
from the intersecting roadways. Within
this vision corner, no fences, walls, signs and maintained shrubbery shall
exceed three (3) feet in height and no part of any building shall be allowed.
(h)
Fencing. All fences
shall meet requirements according to the State Building Code. No fence shall exceed eight (8) feet in
height. Fences must be set back from any lot line at least two (2) feet, and
the fence structure and any lawn area under the fence must be maintained. The exception to the eight (8) foot maximum
fence height is the first 35 feet from any public roadway, which is limited to
three (3) feet in height.
(i)
All residences and
dwelling units shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)
1.3.7. Commercial/Business (CB) (back to top)
(1) Purpose. The purpose
of the Commercial/Business (CB) district is to provide areas for
mixed residential and commercial
use. It
will encompass areas that already have this mixed use, as well as
those areas where expansion of
this mixed use is desired. It will typically be located within or near existing communities,
but may also be used in outlying areas and to facilitate small development nodes (minimum of 10,000 ft.2, exclusive of road right-of-way).
(2) Principal Uses. The following uses are allowed in the CB district:
(a) Activity and recreation centers.
(b) Auto, truck, trailer, and other equipment sales and rentals.
(c) Bowling alleys.
(d) Building, electrical, heating, lumber, and plumbing supply yards.
(e) Bulk storage of agricultural products, cooperatives, feed mills, and fertilizer plants.
(f) Business and professional offices and services.
(g) Cabinet making and woodworking.
(h) Car washes.
(i) Commercial storage.
(j) Community uses.
(k) Contractor or trade storage.
(l) Dairies and dairy-processing businesses, such as cheese factories. (m) Essential services.
(n) Farm equipment and implement sales.
(o) Food lockers.
(p) Fruit and vegetable stands.
(q) Funeral homes and crematoriums.
(r) Furniture repair, sales, and
upholstery.
(s) Gas stations and convenience stores.
(t) Hotels.
(u) Manufactured
home sales and service.
(v) Mini-warehouses.
(w) Motels.
(x) Parking areas and ramps.
(y) Printing and duplicating shops.
(z) Private clubs and lodges, except adult
entertainment establishments.
(aa) Public uses.
(bb) Restaurants.
(cc) Self-service laundromats.
(dd) Signs and billboards.
(ee) Single-family residences.
(ff) Small wind energy systems.
(gg) Stores for conducting retail, service, or wholesale business.
(hh) Taverns.
(ii) Theaters, except outdoor theaters.
(jj) Trailer and truck rentals.
(kk) Vehicle and equipment sales, service, and showrooms.
(ll) Utilities.
(3) Accessory Uses. The following accessory use is
allowed in the CB district:
(a) Roadside
stand, one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(4) Conditional
Uses. The following uses may be allowed
in the CB district upon the issuance of a conditional use permit:
(a) Adult entertainment establishments, subject to any applicable provisions contained in Part
5.
(b) Auto salvage yards.
(c) Banquet and dance halls.
(d) Drive-in theaters.
(e) Outdoor amusement centers.
(f) Race tracks.
(g) Shopping centers.
(h) Sports arenas.
(i) Telecommunication towers.
(j) Transportation terminals.
(k) Truck stops.
(l) Water parks.
(5) Yard Requirements. The following requirements apply to the CB district:
(a)
Land
Area. The minimum lot
size
is 10,000 ft.2, exclusive of road right-of-way.
(b)
Frontage.
The minimum lot width is 100 feet.
(c)
Yard,
front.
(i)
The minimum
setback distance required from a town road is 60 feet from the center line and
not less than 25 feet from the right-of-way line.
(ii)
The minimum
setback distance required from a county or state trunk highway is 100 feet from
the center line and not less than 25 feet from the right-of-way line.
(d)
Yard,
side.
(i)
The minimum setback for principal and conditional use structures
is 7½ feet.
(ii)
The
minimum setback of accessory structures is 5 feet.
(e)
Yard,
rear.
(i)
The minimum setback for principal and conditional use structures
is 7½ feet.
(ii)
The
minimum setback of accessory structures is 5 feet.
(f)
Building Height. The maximum
height for any structure is sixty (60) feet. Heights are determined from the
main elevation of the finished grade adjoining and along the front of the
building to the highest point..
(g)
Vision Corner. A vision
corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back
from the intersecting roadways. Within
this vision corner, no fences, walls, signs and maintained shrubbery shall
exceed three (3) feet in height and no part of any building shall be allowed.
(h)
Fencing. All fences
shall meet requirements according to the State Building Code. No fence shall exceed eight (8) feet in
height. Fences must be set back from any lot line at least two (2) feet, and
the fence structure and any lawn area under the fence must be maintained. The exception to the eight (8) foot maximum
fence height is the first 35 feet from any public roadway, which is limited to
three (3) feet in height.
(i)
All residences and
dwelling units shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)
1.3.8. Industrial (ID) (back to top)
(1) Purpose. The purpose
of the Industrial (ID) district is to provide areas for
manufacturing, warehousing, and other light industrial operations. It
may also be used for commercial
storage facilities, contractor
and trade establishments, and similar
businesses. However,
such use may not be detrimental to
the surrounding area or to the town as
a whole because of dust, groundwater
degradation, noise, odor, physical
appearance, smoke, traffic, or other nuisance factors (minimum lot size is
1 acre, exclusive
of road right-of-way).
(2) Principal Uses. The following uses are allowed in the ID district provided that a site plan is submitted and approved
by the planning and Zoning Committee:
(a) Agricultural implement and equipment manufacture,
sales, and service.
(b) Analyzing, controlling, measuring, and recording
instruments, including clocks; medical, optical, and photographic equipment; and watches.
(c) Apparel and other finished products
made from fabrics and similar materials.
(d) Billboard manufacture.
(e) Clay, concrete, glass, and stone products.
(f) Coating, engraving, and allied services.
(g) Computers and office equipment.
(h) Contractor or construction shops, including air conditioning, building,
cement, electrical, heating, refrigeration, masonry, painting,
plumbing, roofing, and ventilation.
(i) Electrical
and electronic
equipment and machinery.
(j) Essential services.
(k) Fabricated
metal, wood, or plastic products, except
machinery and transportation equipment.
(l) Food and kindred products.
(m) Furniture and fixtures.
(n) Garages for the repair, sales, service, or storage of automobiles, tractors, trucks, and accessory equipment.
(o) Infrastructure that is compatible with the district,
including agricultural aeronautic facilities; communication uses, such as antennae, broadcast towers, cell towers, and
transmission lines; drainage facilities; electrical transmission lines; gas, oil, and other pipelines;
large wind energy systems; rail facilities; roads; solar energy facilities;
and transportation uses.
(p) Laboratories and research and development facilities.
(q) Nonmetallic mining.
(r) Printing,
publishing, and allied products.
(s) Public uses.
(t) Radio and television offices, towers, and transmission facilities.
(u) Research facilities.
(v) Secondhand
household equipment, store fixtures,
and office furniture sales, storage, and reconditioning.
(w) Sign painting studio.
(x) Signs
identifying the name and business of the occupant of a premises. (y) Small wind energy systems.
(z) Substations for electrical power and light.
(aa) Utilities.
(bb) Warehousing.
(cc) Other uses not specifically listed, but which
are deemed by the Planning and Zoning Committee
to be similar to the uses listed above.
(3) Accessory Uses.
(a) Accessory structures and uses incidental to the principal use or
to a permitted conditional use are
allowed in the ID district, subject to any applicable provisions contained in Part 5, provided that a site plan is submitted
and approved by the Planning and Zoning Committee.
(b) Roadside stand,
one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(4) Conditional
Uses. The following uses may be allowed
in the ID district upon the issuance of a conditional use permit:
(a) Chemical and allied products production or storage facilities.
(b) Community Uses.
(c) Dwelling units for caretakers or guards.
(d) Foundries.
(e) Incinerators.
(f) Junk yards,
salvage yards,
or other facilities for the baling, handling, processing,
reclamation,
recycling, remanufacture, sale, salvage,
storage of junk or other second-hand or used materials.
(g) Leather and leather products.
(h) Lumber and wood products.
(i) Paper and allied products.
(j) Petroleum
and other inflammable liquid bulk
production, refining, or storage facilities.
(k) Plastic products.
(l) Quarries and gravel, sand, or stone crushing, grading,
milling, mining, and washing operations.
(m) Rubber products.
(n) Textile mills and textile products.
(o) Machinery manufacturing.
(p) Mini-warehouses.
(q) Transportation equipment and parts.
(r) Truck distribution, dispatching, loading, and transfer depots.
(s) Solid waste facilities and transfer stations.
(5) Yard Requirements. The following requirements apply to the ID district:
(a)
Land
Area. The minimum lot
size
is 1 acre, exclusive
of road right-of-way.
(b)
Frontage.
The minimum lot width is 150 feet.
(c)
Yard,
front.
(i)
The minimum
setback distance required from a town road is 60 feet from the center line and
not less than 25 feet from the right-of-way line.
(ii)
The minimum
setback distance required from a county or state trunk highway is 100 feet from
the center line and not less than 25 feet from the right-of-way line.
(d)
Yard,
side.
(i)
The minimum setback for principal and conditional use structures
is 25 feet.
(ii)
The
minimum setback of accessory structures is 10 feet.
(e)
Yard,
rear.
(i)
The minimum setback for principal and conditional use structures
is 25 feet.
(ii)
The
minimum setback of accessory structures is 10 feet.
(f)
Building Height. The maximum
height for any structure is sixty (60).
(g)
Vision Corner. A vision
corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back
from the intersecting roadways. Within
this vision corner, no fences, walls, signs and maintained shrubbery shall
exceed three (3) feet in height and no part of any building shall be allowed.
(h)
Fencing. All fences
shall meet requirements according to the State Building Code. No fence shall exceed eight (8) feet in
height. Fences must be set back from any lot line at least two (2) feet, and
the fence structure and any lawn area under the fence must be maintained. The exception to the eight (8) foot maximum
fence height is the first 35 feet from any public roadway, which is limited to
three (3) feet in height.
(6) Site Plan
Requirement. A site plan must be reviewed and approved by the
Planning and Zoning
Committee prior to the start of any
new construction or any
addition or alteration that adds
more the 25% to the area of an
existing structure or to the total area
of all existing structures on
the site.
(7) Development
Standards. The development standards contained in this section are
minimum standards and must be met by any industrial use
established after the effective date
of this ordinance or any applicable amendment and by any prior nonconforming use that is added
to, altered, expanded, extended,
or modified after the effective date of this ordinance or any applicable amendment.
(a) Driving
Surfaces. All driveways, parking areas, and roads must be maintained in a durable and
dustless condition.
(b) Enclosures. All allowed and permitted uses must be conducted within completely enclosed buildings, unless outdoor uses have been included in a
site plan that has been review and
approved by the planning and park commission and subject to any conditions set by the board of adjustment.
(c) Landscaping. All landscaping shown on an approved site plan must be established and maintained in a healthy condition.
Landscaping materials must be
replaced when necessary.
(d) Lighting.
Lighting used to illuminate any portion of the site must be shielded and arranged so that it does not directly shine
on any abutting property.
(e) Litter. The site must be kept free of debris and refuse.
(f) Loading and unloading. Adequate space must
be provided for the loading, parking,
standing, and unloading of motor vehicles without undue interference with the public use of roadways.
No portion of a vehicle that is loading, parked, standing, or unloading may project into a public roadway. A
12-foot by 65-foot loading space
with a 15-foot clearance must be provided for each
20,000 square feet, or fraction
thereof, of floor area or lot area used
for other than incidental purposes.
(g) Noise. The sound generated by a use may not exceed 70 decibels at the lot line.
(h) Odor.
No use may cause or
result in the emission of any substance
or combination of substances into
the ambient air and produce an objectionable odor unless preventative measures
satisfactory to the town are taken
to abate or control the emission. An
odor will be deemed objectionable when either or both of the following tests are met:
1. If the town, upon investigation, determines that the odor is objectionable based upon the nature,
intensity, frequency, and duration
of the odor, taking into consideration the type of area
involved and any other pertinent factor identified by the
town.
2. If 60% of
a sample of persons exposed
to the odor in their place of residence or employment, other than the place that
is the odor’s source, find the odor
to be objectionable based upon its nature, intensity, frequency, and duration.
(i) Outdoor Storage. Outdoor storage is permitted if the storage area is screened and the stored materials
are not visible from any public road.
(j) Parking. At least
2 parking spaces must be provided for every 3 employees,
based on the maximum number of persons employed
during any shift.
(k) Screening. Required
screening may be provided by use
of fences, hedges or other
plantings, and walls that are at
least four feet in height. Any required screening must be maintained in good condition.
(l) Storm Water Drainage.
A storm water drainage
plan must be included as part of the site plan.
(m) Vibration. Ground vibrations generated by a use must not be perceptible at any
point on the lot line without
the use of instruments.
(n) Other.
No use may emit dangerous
or obnoxious fumes, glare, heat, or radiation that extends beyond any
lot line on which the use is located.
1.3.9. Public Lands Institutional (PLI) (back
to top)
(1)
Purpose. The intent of this District is to provide an
area for public and private institutional and recreational uses. The area
utilized for such a District should be such that it is compatible with and is
an asset to the surrounding land uses (minimum of 1 acre, exclusive of road right-of-way).
(2)
Principal Uses. The following public and private institutional uses are allowed in the PLI
district:
(a)
Cemeteries.
(b)
Colleges and Universities.
(c)
Conservatories.
(d)
Crematories.
(e)
Funeral Homes.
(f)
Gymnasiums.
(g)
Hospitals.
(h)
Parks and Playgrounds.
(i)
Religious and Charitable
Institutions.
(j)
Sanitariums.
(k)
Schools.
(l)
Town Halls.
(m)
Public and Private Wastewater
Treatment Plants.
(n)
Public and Private Landfills
licensed by the State of Wisconsin.
(o)
Essential
services.
(p)
Community living arrangements
with a capacity for 8 or fewer
and foster homes, subject to the
limitations set forth in Wis. Stat. § 60.63.
(q)
Community living arrangements with a capacity for 9 to 15 persons, subject to the limitations set forth in Wis. Stat. § 60.63.
(3)
Accessory Uses. The following uses are
allowed in the PLI
district, subject to any applicable provisions
contained in Part 5.
(a)
Roadside stand, one, which must be placed outside the right-of-way and which
may
not interfere with or
present a hazard to any person,
property, or traffic.
(b)
Clubs, taverns, nightclubs,
restaurants, convenience goods and services when supportive of the principal
use.
(c)
Small wind energy systems.
(d)
Solar
energy systems.
(e)
Other accessory structures
and uses that are incidental to the principal use.
(4)
Conditional Uses. The following uses are
allowed in the PLI
district upon the issuance of a conditional use permit:
(a)
Airports, airstrips
and landing airfields with a minimum area of twenty (20) acres.
(b)
Golf Courses.
(c)
Campgrounds.
(d)
Driving Ranges.
(e)
Archery and firearm ranges
(outdoors).
(f)
Sports fields.
(g)
Arboretums.
(h)
Zoological and botanical gardens.
(i)
Race tracks.
(j)
Exposition and fairgrounds.
(k)
Riding academies and stables.
(5)
Yard Requirements. The
following requirements apply to the PLI district:
(a)
Land
Area. The minimum lot
size
is one acre, exclusive of road right-of-way.
(b)
Frontage.
The minimum lot width is 100 feet.
(c)
Yard,
front.
(i)
The minimum
setback distance required from a town road is 60 feet from the center line and
not less than 25 feet from the right-of-way line.
(ii) The minimum setback distance required from a county or
state trunk highway is 100 feet from the center line and not less than 25 feet
from the right-of-way line.
(d)
Yard,
side.
(i)
The minimum setback for principal and conditional use structures
is 7½ feet.
(ii) The minimum setback of accessory structures is 5 feet.
(e)
Yard,
rear.
(i)
The minimum setback for principal and conditional use structures
is 7½ feet.
(ii) The minimum setback of accessory structures is 5 feet.
(f)
Building Height. The maximum
height for any structure is thirty-five (35) feet or two and one-half (2½)
stories in height. Accessory structures shall not exceed eighteen (18) feet in
height. Heights are determined from the main elevation of the finished grade
adjoining and along the front of the building to the highest point.
(g)
Vision Corner. A vision
corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back
from the intersecting roadways. Within
this vision corner, no fences, walls, signs and maintained shrubbery shall
exceed three (3) feet in height and no part of any building shall be allowed.
(h)
Fencing. All fences
shall meet requirements according to the State Building Code. No fence shall exceed eight (8) feet in
height. Fences must be set back from any lot line at least two (2) feet, and
the fence structure and any lawn area under the fence must be maintained. The exception to the eight (8) foot maximum
fence height is the first 35 feet from any public roadway, which is limited to
three (3) feet in height.
1.4.
STANDARDS
1.4.1. Nonconforming Lots of Record (back to top)
(1)
Generally. A nonconforming lot may
be used for an allowable use, provided such use complies with all other
development standards of the zoning district in which the lot is located.
(2)
Alteration of property boundary
lines. The location of a property boundary line of a nonconforming lot shall
not be moved, except when the adjoining lot being made smaller and development
on such lot comply with all dimensional requirements of the district in which
it is located and the new property boundary line
location will make the nonconforming lot to be conforming or lessen the
nonconformity.
1.4.2. Nonconforming Structures (back to top)
(1)
Reconstruction. A nonconforming
structure containing a conforming use may be rebuilt, in whole or in part, if
the reconstructed structure is not located on more than one parcel and is
identical in all respects to its size, shape, height, and footprint at the time
of reconstruction. Prior to the issuance of a zoning permit, the applicant
shall provide a survey, conducted by a licensed land surveyor, verifying all
setbacks of the existing non-conforming structure, as well as the structure’s
footprint and square footage.
(2)
Enlargement. The structure may be
enlarged provided the portion of the structure being added complies with all
applicable dimensional standards, including setback and building height
standards.
(3)
Reconstruction
following damage.
A nonconforming structure that is damaged by violent wind, vandalism, fire,
flood, ice, snow, mold, or infestation on or after March 2, 2006, may be
restored to its condition (size, location, and use) prior to the damage, except
the structure may be larger when necessary to comply with state or federal
requirements (s. 59.69(10m), Wis. Stats.)
(4)
Unsafe conditions,
ordinary maintenance, and remodeling. Nothing in this article shall be deemed to
prevent the strengthening or restoring to a safe condition of any structure or
part thereof, ordinary repair and maintenance, or remodeling provided that the
work conforms to the provisions in this chapter.
1.4.3.
Nonconforming
Uses (back to top)
(1)
Generally. A nonconforming use
may continue to exist so long as it remains otherwise lawful, subject to the
provisions in this section.
(2)
Cessation of use. If a nonconforming use
ceases for any reason, whether intentional or otherwise, for more than 12
continuous months, such use shall not be reestablished (s. 59.69(10)(a), Wis.
Stats.). A business of a seasonal nature shall not be deemed discontinued
during periods which it is normally inactive (i.e., marinas, ski hills,
campgrounds). If the zoning administrator determines that a nonconforming use
has ceased to operate for more than the aforementioned time
period, he or she shall initiate the process established under part 8
section 2 (1.8.2). However, if a temporary structure houses a nonconforming
use, such use shall terminate upon cessation of such use (s. 59.69(10)(a), Wis.
Stats.).
(3) Change in extent. Except as may be provided in this article or
in state law, a nonconforming use shall not be enlarged, increased, or expanded
and shall not occupy a greater area than what existed on the effective date of
this chapter or any amendment thereto that created the nonconforming use.
(4)
Limitation on
structural alterations. Structural
alterations to a structure housing a nonconforming use shall not be permitted;
however, ordinary maintenance and repair shall be allowed.
(5) Damage to structure housing nonconforming use. If a structure
housing a nonconforming use is damaged beyond 50 percent of its present
equalized assessed value, such use shall not be reestablished.
(6) Change of location. A nonconforming use shall not be moved in
whole or in part to any other portion of the lot or to another structure than
what was occupied on the effective date of this chapter or any amendment
thereto that created the nonconforming use.
(7) Casual, occasional, accessory, or incidental use. Casual, occasional,
accessory, or incidental use after the primary nonconforming use has
terminated, shall not be deemed to perpetuate a nonconforming use (Village of Menominee Falls v. Veirstahler, 183 Wis. 2d 96, 515 N.W.2d 290 (Ct. App.
1994)).
(8) Change of production. A change in the method or quantity of
production and the incorporation of new technology into a nonconforming use is
permitted provided the original character of the use remains the same (Racine County v. Cape, 2002 WI App 19,
250 Wis. 2d 44, 639 N.W.2d 782, 01-0740).
(9) Nonconforming use as a public nuisance. A nonconforming use,
regardless of its duration, may be prohibited or restricted if it constitutes a
public nuisance or is harmful to the public health, safety, or welfare (Town of Delafield v. Sharpley, 212 Wis.
2d 332, 568 N.W.2d 779 (Ct. App. 1997, 96-2458)).
(10) Unsafe
conditions. Nothing in
this chapter shall be deemed to prevent the strengthening or restoring to a
safe condition of any structure or part thereof, provided that such work
conforms to the provisions in this chapter.
1.4.4. Site Restrictions (back to top)
(1) No structure may be constructed, erected, or moved onto land that is unsuitable by reason of adverse soil or rock
formations,
concentrated runoff, flooding, inadequate drainage, low percolation rate or bearing strength, susceptibility to erosion, unfavorable topography,
or any other reason deemed
likely to be harmful to the aesthetics, general
welfare,
health, prosperity, and
safety of the community.
(2) A
lot must have a minimum of 100 feet
of frontage abutting upon a public street or an approved private street.
(3) The
depth, width, and overall area
of a lot must be sufficient to
permit the location of a conforming and
legal private onsite wastewater treatment system
(POWTS) if it is not serviced by a municipal wastewater treatment system.
1.4.5. Use Restrictions (back to top)
(1) No
land or structure, and no part of any land or structure, may
be used or occupied for any purpose
unless the use or occupancy
complies with the requirements
of this ordinance.
(2) No
land or structure, and no part of any land or structure, may
be used for any purpose if it
is unsuitable for that purpose by reason
of adverse soil or rock formations, concentrated runoff, flooding, inadequate drainage,
low percolation rate or bearing strength,
susceptibility to erosion, unfavorable
topography, or any other reason deemed likely to be harmful
to the aesthetics, general welfare, health,
prosperity, and safety of the community.
(3) Principal
uses in a zoning district are limited
to those principal uses specified for the district in this ordinance.
(4) A
principal structure must be located on a lot and only one principal
structure may be constructed, erected, or moved onto a lot.
(5) Conditional uses in a zoning district are limited to those conditional uses
specified for the district in this
ordinance.
(6) Conditional uses and accessory uses to conditional uses are special uses that
require an application, review, public hearing,
approval by the board of adjustment, and issuance of a conditional use permit.
(7) Temporary structures that are constructed
using a frame made out of metal, pvc,
wood, or a similar material; that are covered by canvas, fabric, vinyl, or a
similar material are allowed, provided that, the temporary structures meet all
setbacks, size and height limits and other requirements for accessory
buildings. (Changed
01/05/2022)
1.4.6. Height Exceptions (back to top)
The
height limitation specified for a zoning district may be exceeded for
the following structures if
the front, rear, and side setbacks
for the structure are increased by
one foot for each foot that the structure exceeds the district’s height limitation:
(1) Accessory
farm structures, such as gas
tanks, grain elevators, scenery lofts,
and silos.
(2) Architectural projections such as belfries, chimneys, cupolas, domes, flues, parapet walls, and spires.
(3) Communication structures, such as aerials, antenna, and towers.
(4) Electric power lines and substations.
(5) Essential services.
(6) Manufacturing equipment and necessary mechanical appurtenances.
(7) Smoke stacks.
(8) Towers,
including cooling towers, fire
towers, radio, microwave, and
television towers, and water towers.
(9) Utilities and utility services.
1.5.
SUPPLEMENTAL REGULATIONS
1.5.1. General Standards (back to top)
This
Part contains standards that apply to principal, accessory, and conditional structures and uses that are in addition to the applicable
requirements contained in section 1.3 or in any other applicable
section of the town code.
1.5.2. Accessory Structures (back to top)
(1) An
accessory structure is not permitted unless a principal structure exists on the same
zoning lot or unless a zoning permit for a principal structure is
issued at the same time that the accessory structure permit is issued.
(a) An
accessory structure may be allowed upon the issuance of a conditional use permit.
(2) An
accessory structure may not
exceed the maximum permitted height for the zoning district in which it is
located.
(3) An accessory structure may not be erected within any
required front setback.
(4) Campers,
ice shanties, manufactured
homes, and truck trailers may not
be used as accessory structures and cannot be converted for storage or other purposes.
(5) In all districts, except in General Agriculture district, the use
of shipping or cargo containers for storage is a conditional use. A container shall not be larger than 8 feet
by 20 feet wide and long. There shall be
no more than one container per contiguous land area in common ownership. A contiguous land area is a land area that is
composed of one lot or two or more lots that are adjacent to or abut each other. A
container shall be painted in a manner that is consistent with and visually
complementary to the owner’s other buildings and it shall be maintained in good
condition. (Updated
1/5/2022)
1.5.3. Adult Entertainment Establishments (back to top)
(1) In recognition of the protection afforded to the citizens under the 1st and 14th Amendments of the Constitution of the
United States, the purpose of this
section is to regulate the location of specifically defined activities and materials consistent with the town’s interest in the present and future character of its development, and this section is not intended
to inhibit any person’s freedom
of speech or the freedom of the press. For that reason, commercial establishments dealing in adult entertainment activities and materials are permitted as a
conditional use in any Commercial/Business (CB) district.
(2) The following uses are only permitted as conditional uses:
(a) Commercial
establishments that display,
disseminate, give away,
lease, offer for view, possess
for sale, publish, rent, sell, or otherwise deal
in any facsimile, film, machine, mechanical device, model, picture, printed matter, sound recording, written matter, or other material or paraphernalia depicting sexual conduct or nudity and
that exclude minors by reason of age.
(b) Commercial
establishments that display for
viewing any film or pictures
depicting sexual conduct or nudity and that exclude minors by reason
of age.
(c) Commercial
establishments in which any person appears or performs
in a manner depicting sexual conduct or involving nudity and from
which minors are excluded by reason
of age.
(3) The
conditional uses allowed by this section are subject to the following provisions:
(a) No permit may be granted where the proposed establishment is within
2,000 feet of any church,
funeral parlor, historic district or site listed
in the State or National Register of Historic Places, hospital, library, museum, park, playground, restaurant, school, or any other private or public building or premises likely to be
utilized by persons under the age of 18 years.
(b) No
permit may be granted if the proposed establishment is within 2,000 feet of any pre-existing establishment licensed to sell or dispense fermented
malt beverages or intoxicating liquor.
(c) No permit may be granted where the proposed establishment is within
2,000 feet of any area
zoned residential in the same or a contiguous
town or municipality.
(d) The
applicant must provide the town with detailed information regarding
use of the proposed establishment. If the application
is for an establishment under subpar. (2)(a) or (2)(b), the applicant must furnish representative samples of the materials that will be available at the establishment. If
the application is for an establishment under subpar. (2)(c)
of this subsection, the applicant
must provide a detailed description of the proposed activity to be conducted at the proposed establishment.
(e) The
applicant must provide the name and address
of the owners and occupants of all property within 1,000 feet of the proposed establishment.
(f) Billboards,
portable signs, and towers are prohibited on the premises.
No flashing or traveling lights
may be located on or visible from the exterior of the structure in which the establishment
is located. No sign may depict
specified anatomical areas
or specified sexual
activity.
(g) All access points to the establishment and all windows or other openings must
be constructed, covered, located,
or screened in a manner that
prevents viewing the interior of the establishment from any public or semipublic area.
(h) Adequate
parking must be provided in a lighted area.
(i) The hours of operation for such establishments are limited to the same hours
of operations for bars and taverns within the community in
which the district is located.
(j) When acting on an application for a conditional use permit for an adult entertainment establishment, the planning
and zoning committee shall consider, in addition to usual factors taken into consideration for all conditional use permits, the protection of property values in the affected
area;
the preservation of neighborhoods; the tendency of such establishments to cause
increases in noise, traffic, and
other factors interfering with
the quiet and peaceful enjoyment
of the neighborhood; the tendency of such establishments to encourage
residents and businesses to move elsewhere;
the tendency of such establishments
to attract an undesirable quantity or
quality of transients; the tendency of such establishments to cause increases
in crime, especially
prostitution and sex-related crimes;
the tendency of such establishments
to increase the need for policing; the protection of minors from the activities conducted and materials available at such establishments; and any other factors related to the proposed use that may affect
the health, safety, and
general welfare of the community.
(k) If a protest
signed by 51 percent or more of the adult
residents and property owners
within 500 feet of the proposed establishment is filed with the town, a unanimous vote of the Town Board is required to issue a conditional use permit.
1.5.4. Airports and Landing Strips (back to top)
(1) A
tract of land used for an airport
or landing strip must be of sufficient size
and adequate in all other respects to provide for the safe operation of the facility and to prevent
hazards to surrounding property.
(2) An
airport or landing strip may not interfere with
the development of any thoroughfare
in the area.
1.5.5. Telecommunications Towers and Antennas (back to top)
(1) Purpose. The intent of this section is
to provide a uniform and comprehensive set of standards for the development and
installation of telecommunication towers, antennas, and related facilities. The
regulations are designed to protect and promote public health, safety,
community welfare, aesthetic quality of the Town of Rushford, and encourage
managed development of telecommunication infrastructure. The section shall:
(a) Provide
a process for obtaining necessary permits for telecommunication facilities,
while at the same time protecting the interests of the citizens of the Town of
Rushford.
(b) Ensure
that a non-discriminatory, competitive, and broad range of telecommunication
services and high quality telecommunications are
provided to serve the community.
(c) Minimize
conflicting uses of the land and adverse visual effects.
(d) Protect
environmentally sensitive areas of the Town of Rushford by regulating the
location, design, and operation of telecommunication towers, antennas, and
related facilities.
(e) Encourage
the use of alternative support structures, co-location of new antennas on
existing telecommunication towers, camouflaged towers, and construction of
towers with the ability to locate three or more providers.
(2) Exemptions. This Ordinance shall not govern the
installation and or use of:
(a) Television
antennas, satellite dishes, and receive-only antennas, provided
that they are for personal use of the landowner, the primary use of the
property is not a "telecommunication facility", and the antenna use
is accessory to the primary use of the property.
(b) Amateur
radio antenna and their supporting towers, poles, and masts that are owned
and/or operated by a federally-licensed amateur radio
operator or is used exclusively for receive-only antennas.
(c) Mobile services providing public
information coverage of news events of a temporary or emergency nature.
(d) Any
other devices not mentioned above that are exempt according to Section 704 of
the Telecommunications Act of 1996.
(3) General Requirements. These provisions shall apply to all telecommunications
facilities located within the Town of Rushford.
(a) All telecommunication facilities shall
comply with Federal Communication Commission (FCC), Wisconsin State Bureau of
Aeronautics, Occupational Safety and Health Association (OSHA), and Federal
Aviation Administration (FAA) rules and regulations. If such standards and regulations are changed, then the owners of the
towers and antennas governed by this article shall bring such towers and
antennas into compliance with such revised standards and regulations within six
(6) months of the effective date of such standards and regulations, unless a
more stringent compliance schedule is mandated by the controlling federal
agency. Failure to bring towers and antennas into compliance with such revised
standards and regulations shall constitute grounds for the removal of the tower
or antenna by the governing authority at the expense of the tower or antenna
owner, or at the expense of the property owner in the case where the owner of
the tower or antenna is leasing the property upon which the tower or antenna is
installed.
(b) All
telecommunication facilities shall comply with the manufacturer's
specifications as it relates to design and installation.
(c) To ensure the structural integrity of
towers, the owner of a tower shall ensure that it is maintained in compliance
with standards contained in applicable state and local building codes, and the
applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the governing
authority concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being
provided to the owner of the tower, the owner shall have thirty (30) days to
bring such tower into compliance with such standards. If the owner fails to
bring such tower into compliance within said thirty (30) days, the governing
authority may remove such tower at the expense of the tower or antenna owner,
or at the expense of the property owner in the case where the owner of the tower
or antenna is leasing the property upon which the tower or antenna is
installed.
(d) The
landowner shall provide written authorization for siting the telecommunication
facilities on a leased property.
(e) All
towers and antennas must be adequately insured for injury and property damage.
(f) Any
required federal, state, or local agency licenses shall be provided prior to
the issuance of the building permit for proposals to erect new
telecommunication facilities.
(g) No
sign, other than warning, permit number, or equipment information, shall be
affixed to any telecommunication facilities.
(h) No
telecommunication facility shall be artificially illuminated or have strobe
lights attached to it unless required by FCC or FAA regulations. Light, if
required, shall be shielded from the ground.
(i) Camouflaged telecommunication facilities
are encouraged and may be required in historical, environmental; or other
sensitive areas as determined by the Town of Rushford.
(j) All
telecommunication towers shall be self-supporting monopoles or lattice towers
except where satisfactory evidence is submitted that a guyed tower is required.
(k) Telecommunication
facilities shall not interfere with or obstruct existing or proposed public
safety or fire protection telecommunication facilities. The applicant at no
cost to the Town shall correct any actual interference and/or obstruction.
(l) A bond with a corporate surety, duly
licensed in the State of Wisconsin, in the amount of twenty thousand dollars
($20,000) to assure that the applicant, its representatives, its agents, and
its assigns will comply with all the terms, conditions, provisions,
requirements, and specifications contained in this ordinance, including
abandonment.
(4) Prohibited Areas for Telecommunication
Facilities. No
telecommunication facility may be located in the
following areas:
(a) Floodplains
(b) Wetlands
(c) Shorelands
(d) Residential-zoned
districts
Notwithstanding
the above, the Planning & Zoning Administrator shall issue a land use
(building) permit in all residential, agricultural, commercial, and industrial
zoning districts provided:
(a) The
applicant requests to attach an antenna to an existing tower, structure, or
utility pole, and,
(b) The
antenna does not extend more than twenty (20) feet above the highest point of
an existing tower, structure, or pole.
(5) Conditional
Use Permit Requirements.
All applications for conditional use permits shall include the following
information:
(a) A
report from a registered professional engineer and/or other professionals
which:
(1) Describes
the facility's height and design, including a cross-section and elevation;
(2) Certifies
the facility's compliance with electrical standards and structural standards
that allow it to accommodate at least three (3) antennas;
(3) Describes
the tower's capacity, including the potential number and type of antennas that
it can accommodate;
(4) Describes
the lighting to be placed on the facility if required by the FCC or FAA;
(5) Certifies
that the facility will not cause destructive interference with previously
established public safety communication system;
(6) A
plat of survey showing the parcel boundaries and a legal description, support
facilities, location, access, landscaping and fencing;
(7) Federal
Communication Commission (FCC) license and registration numbers, if applicable.
Also copies of Findings of No Significant Impacts statement from FCC or
Environmental Impact Study, if applicable;
(8) Proof
of liability coverage that is satisfactory to the Planning & Zoning Committee;
(9) An
alternatives analysis shall be prepared by the applicant which identifies all
reasonable, technically feasible alternative locations and/or facilities which
could provide the proposed telecommunication service. The intention of the
alternatives analysis is to present alternative strategies which could minimize
the number, size, and adverse environmental impacts of facilities necessary to
provide the needed services to the Town. The analysis shall address the
potential for co-location and the potential to locate facilities as close as
possible to the intended service area. It shall also explain the rationale for
selection of the proposed site in view of the relative merits of any of the
feasible alternatives. The Town may require independent verification of this
analysis at the applicant's expense.
(10) A
tabular and map inventory of all the applicant's existing telecommunication
towers that are located within the Town of Rushford and includes all of the applicant's towers within fifteen hundred (1,500)
feet of the Town’s corporate boundary. The inventory shall specify the
location, height, type, and design of each of the applicant's existing
telecommunication towers and the ability of the tower or antenna structure to
accommodate additional co-location antennas.
(b) Each
application shall include a facility plan. The Town will maintain an inventory
of all existing and proposed telecommunication facility installations. All
applicants shall provide the following information in each plan:
(1) Written
description of the type of consumer services each applicant will provide to its
customers (cellular, PCS, SMR, ESMR,
paging, or other anticipated telecommunication services), the carrier provider,
applicant, landowner, and service provider.
(2) Provide
a list of the applicant's existing telecommunication sites, existing sites to
be upgraded or replaced, and proposed facility sites as they are determined and
requested within the Town and within fifteen hundred (1,500) feet of the Town’s
corporate boundary.
(3) Provide
a map of the area that shows the geographic service areas for the provider of
the existing and proposed facility sites as they are determined and requested
by the provider.
(4) The
name, address, and telephone number of the officer, agent, and/or employee
responsible for the accuracy of the application.
(c) Written
acknowledgement by the landowner of a leased site that he/she will abide by all
applicable terms and conditions of the building permit or conditional use
permit.
(d) Additional
Information and Analysis
(1) The
Code Administrator or the Planning & Zoning Committee may, at his/her or
its discretion, require visual impart demonstrations, including mock-ups and/or
photo montages, screening and painting plans, network maps, alternative site
analysis, lists of other nearby wireless telecommunication facilities, or
facility design alternatives for the proposed facilities.
(2) The
Code Administrator or Planning & Zoning Committee may employ, on behalf of
the Town, an independent technical expert to review technical materials
submitted by the applicant or to prepare any technical materials required but
not submitted by the applicant. The applicant shall pay the costs of such review
and/or independent analysis.
(6) Performance
Standards. Except as
provided in this subchapter, all telecommunication facilities shall meet the
dimensional standards of the zoning district in which they are located. Where
the facilities are the principal use on a separate parcel, the parcel shall
meet the minimum lot size requirements of the respective zoning district. On a
parcel of land that already has a principal use, the facilities shall be
considered an accessory use and a smaller area of land may be leased provided
that all requirements of this ordinance can be met.
(a) Setbacks
and Separation
(1) The
tower shall be set back from the nearest property line a distance equal to the
height of the facility. This setback may be reduced to one-half the height of
the facility if the applicant submits an engineering report from a registered
professional engineer that certifies that the facility is designed and
engineered to collapse upon failure within the distance from the facility to
the property line. (This requirement does not apply to the boundary of the
leased parcel unless the leased parcel boundary is also a property line.)
(2) The
tower shall not be located within five hundred (500) feet of any residence
other than the applicant's residence.
(3) Towers
shall be set back from the nearest road right-of-way a distance equal to the
height of the tower or the setbacks established according to the Zoning
Districts of this ordinance, whichever is greater.
(4) All
guy wire anchors shall be at least twenty-five (25) feet from all property
lines except on leased parcels.
(b) Co-Location/Sharing
of Facilities
No new facility shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of the
governing authority that no existing facility tower or structure can
accommodate the applicant's proposed antenna. Supporting evidence may consist
of any of the following conditions:
(1) No
existing facility towers or structures are located within the geographic area
required to meet the applicant's engineering requirements.
(2) Existing
facility towers or structures are not of sufficient height to meet the
applicant's engineering requirements.
(3) Existing
facility towers or structures do not have sufficient structural strength to
support applicant's proposed antenna and related equipment.
(4) The
applicant's proposed system would cause electromagnetic interference with the
system on the existing tower or structure, or the system on the existing
facility tower or structure would cause interference with the applicant's
proposed system.
(5) The
fees, cost, or contractual provisions required by the owner to share an
existing facility tower or structure or to adapt an existing tower or structure
for sharing are unreasonable. Costs exceeding new tower development are
considered unreasonable.
(6) The
applicant demonstrates that there are other limiting factors that render
existing facility towers or structures unsuitable.
(7) New
facilities shall be designed structurally and electrically to accommodate the
applicant's antennas and comparable antennas for at least two (2) additional
users if the tower is one hundred thirty (130) feet or more in height. Towers
must also be designed to allow for future rearrangement of antennas on the
tower and accept antennas mounted at different heights.
(c) Screening and Landscaping
The tower location shall provide for
the maximum amount of screening of the facilities. The site shall be landscaped
with a buffer of plant materials that effectively screens the view of all tower
accessory structures, equipment, and improvements at ground level from adjacent
properties. The standard buffer shall consist of a landscaped strip at least
four (4) feet wide outside the perimeter of the area where tower accessory
structures and equipment are located at ground level. In locations where the
visual impact of the tower would be minimal, the landscaping requirements may
be reduced or waived by the governing authority. Existing mature vegetation and
natural landforms on the site shall be preserved to the maximum extent
possible.
(d) Security
Fencing and Lighting
(1) All
towers shall be reasonably protected against unauthorized access. The bottom of
the tower shall be enclosed with a minimum of an 8-foot high
fence with a locked gate.
(2) Security
lighting for on-ground facilities equipment is permitted as
long as it is down-shielded to keep light within the boundaries of the
site.
(e) Color
and Materials
(1) All
towers and antennas shall use building materials, colors, textures, screening,
and landscaping that blends the facilities with the surrounding natural
features to the greatest extent possible. The tower shall be painted light blue
or other color that is demonstrated to minimize visibility. Galvanized towers
may be permitted.
(2) All
metal towers shall be constructed or treated with corrosion resistant material.
(f) Parking
and Access
Adequate
parking spaces shall be provided on each site so that parking on public road right-of-ways will not be necessary. An all-weather
driveway to the tower, with access to a public road, must be built before
operations begin.
(g) Height
The
applicant shall identify the height of the proposed tower and provide justification
for the height chosen. The Planning & Zoning Committee can modify the
height after review of the application. Satellite dishes and parabolic antennas
shall be situated as close to the ground as possible to reduce the visual
impact without compromising their function.
(7)
Revocation
(a) Grounds
for Revocation.
Grounds
for revocation of the conditional use permit shall be limited to one of the
following findings as determined by the Town of Rushford Planning & Zoning
Committee:
(1) The
owner of such site, service provider, and/or tower owner fails to comply with
the requirements of this ordinance as it existed at the time of the issuance of
the conditional use permit.
(2) The
permittee has failed to comply with the conditions of approval imposed.
(3) The
facility has not been properly maintained.
(4) A
permit shall expire twelve (12) months after issuance if the tower and/or
supporting facilities have not been erected. An extension of time may be
granted by the Planning & Zoning Committee upon request.
(b) Revocation
Process:
(1) If
one of the findings exists, the Town shall notify the permittee of the
noncompliance. The permittee will be given an opportunity to present their
position to the Planning & Zoning Committee or a minimum of 30 days to
comply.
(2) If
compliance is not received within 30 days, the Planning & Zoning Committee
shall hold a hearing to review the noncompliance. Notice shall be given,
testimony received, and a written decision made by the Planning & Zoning
Committee based on substantial evidence.
(8) Abandonment
Rushford when the facility is no longer in
operation. All obsolete, damaged, unused, or abandoned towers and accompanying
accessory facilities shall be removed within twelve (12) months of the
cessation of operations unless the Town approves a time extension. After the
facilities are removed, the site shall be restored to its original or an
improved condition, and anchoring elements shall be removed from the ground to
within five (5) feet of ground level. If removal and/or restoration is not
completed, the Planning & Zoning Administrator may order removal utilizing
a performance bond which shall be provided by the telecommunication provider to
the amount of $20,000. The Town of Rushford will be named as obligee in the bond and must approve the bonding company.
1.5.6. Automobile Wrecking Yards, Dumping Grounds, Junk Yards, Sanitary Land Fills, and Salvage Yards (back to top)
(1) Any automobile wrecking yard, dumping ground, junk yard, sanitary land fill, or salvage yard must be located so that it does not prevent or interfere with the proper
development of the surrounding area.
(2) Any automobile wrecking yard, dumping ground, junk yard, sanitary land fill, or salvage yard must be adequately fenced
or otherwise screened year round with a dense shrub growth
to prevent unsightliness and the
blowing of materials off of the premises.
(3) The minimum side and rear setback
for any automobile wrecking yard,
dumping ground, junk yard, sanitary land fill, or salvage yard is 50 feet.
(4) The
planning and zoning committee shall take into consideration the temporary nature of dumping and sanitary land fill operations and the public necessity for waste disposal in considering the application for a conditional
use permit for a dumping ground or sanitary landfill operation.
1.5.7. Cemeteries (back to top)
(1) The
site of a proposed cemetery must not prevent or interfere with
the proper development of thoroughfares
in the area.
(2) Any burial plot or structure must be set back at least 100 feet
from any street or highway right-of-way line.
(3) It is unlawful for a person to locate a grave anywhere
other than in a cemetery that has been established in accordance with
Wis. Stat. § 157.065.
1.5.8. Conservation Clubs, Shooting Clubs, and Shooting Ranges (back to top)
(1) The
club or range and any structure associated with the
club or range must be located so that
the use of a firearm on the premises does not create
a nuisance or danger to any person or property on any adjacent parcel.
(2) Accessory uses, such as a bar, dining facility, kitchen, or storage shed that is incidental
to the operation of the club or range, are allowed.
1.5.9. Convalescent Homes, Hospitals, Public Buildings, Nursing Homes, Sanitariums, and Utilities (back to top)
(1) The
site of a proposed convalescent
home, hospital, public building, nursing home, sanitarium, or utility must not interfere with
or prevent the development and use of the surrounding land in the principal uses of the district.
(2) The minimum side and rear setback for any convalescent home, hospital, public building, nursing home, sanitarium, or utility is 50 feet.
(3) The grounds
surrounding
any convalescent
home, hospital, public
building, nursing home,
sanitarium, or utility must be appropriately landscaped.
(4) A sufficient number of
off-street parking spaces must be provided to assure that employees,
visitors, or others to a convalescent
home, hospital, public
building, nursing home, sanitarium, or utility do not need to park on any public right-of-way during normal periods
of activity.
1.5.10. Parking Spaces; and Loading, Standing, and Unloading Areas (back to top)
(1) General Requirements. The following general requirements apply to; parking spaces; and loading, standing, and unloading areas:
(a) Access. A parking
space or loading, standing, or unloading area must be served by separate ingress and egress driveways or by an adequate turn-around
that is always available and useable.
(b) Bumper guards
or wheel barriers.
Any parking space or loading, standing, and
unloading area associated with a commercial
use must have bumper guards or wheel barriers installed so that no portion of a vehicle will project
into a public right-of-way or over adjoining property.
(c) Location. A parking space
or loading, standing, or unloading area may not be located
in any yard that is adjacent to a street or highway.
(d) Screening.
A parking, loading, standing, or unloading area that abuts a
neighboring property in a residential
district must be screened by a fence,
hedge, or wall.
(e) Surfacing. A driveway;
parking space; and loading,
standing, and unloading area must have an all-weather surface, such as asphalt, gravel, or
concrete, and must be graded and drained.
(f) Lighting. Any light used to illuminate a parking;
or loading, standing,
and unloading area must be directed away from any
adjacent public street and away from any residence on an adjacent parcel.
(2) Automobile
Parking Spaces.
(a) A
minimum number of off-street
automobile parking spaces
are required for certain uses.
1. A
bed and breakfast must provide at least
1 space for each lodging unit.
2. A
bowling alley must provide at least 5 spaces
for each alley or lane.
3. A
commercial use must provide at least 1 space for every 300 square feet of floor area devoted
to the primary use and 1 space for every 5,000 square feet of storage or warehouse area.
4. A dance hall or skating rink must provide at least
1 space for every 100 square feet of floor area used for dancing or skating.
5. A hotel must provide at least 1 space for each lodging unit.
6. A motel must provide at least 1 space for each dwelling unit.
7. An office must provide at least 1 space for every 3 employees.
8. A
place of public assembly,
such as an auditorium, church, meeting hall,
or theater, must provide
at least 1 space for every 6
seats, based maximum
seating capacity.
9. A
private club must provide at least 1 space for every 100 square feet of floor area.
10. A
publicly owned service building
must provide at least 1 space for every 400
square feet of floor area.
11. A
residential use must provide at least 2 spaces per dwelling unit.
12. A
restaurant must provide at least 1 space for every 200 square feet of floor area, plus 1 space for every 3 employees.
13. A
retail operation must provide at least 1 space for every 200 square feet of floor area, plus 1 space for every 3 employees.
14. A
tavern must provide at least 1 space for every 200
square feet of floor area, plus 1 space for every 3 employees.
15. A
wholesale operation must provide at least 1 space for every 200
square feet of floor area, plus 1 space for every 3 employees.
(b) Each
parking space must be not less than 9 feet wide and 17 feet long.
(c) The planning
and zoning administrator may specify the number of spaces for any unlisted use
based upon the nature and location
of the use.
(d) The
planning and zoning committee may require a greater number of spaces based upon the nature and location of the
use when authorizing the issuance of a conditional use permit.
(3) Loading, Standing, and Unloading Spaces.
(a) A parcel that is used for commercial purposes must provide adequate space for loading, standing, and unloading motor vehicles in order to
avoid undue interference with
the public use of roadways,
and no portion of a vehicle that is
loading, standing, or unloading may project into a public roadway.
(b) A
space for loading, standing, or unloading motor vehicles must be not less than 12 feet wide, 65 feet long, and 15 feet high.
(c) One
space must be provided for each 20,000 square feet, or
any fraction thereof, on a parcel that is used for commercial purposes.
(d) The
loading, standing, and unloading space requirements may be modified or waived
for a proposed commercial
use if a site review determines that the use is of a kind that does not require the loading, standing, or unloading of motor vehicles or that adequate provisions have been made for the loading, standing, and unloading of motor vehicles associated with the proposed use. Any modification or waiver granted pursuant to this subsection becomes void if the use that was subject to the site review is
changed.
1.5.11. Home Occupations (back to top)
(1) The
use of a residential dwelling for
a home occupation may not occupy more than 25 percent of the floor area of
one floor and must be clearly incidental
and subordinate to the residential
use. Typical
home occupations include, but are not limited to, baby sitting,
barber or beauty shops, canning, crafts, dance studios, desktop publishing and other computer services, dressmaking, insurance agencies, laundering and
ironing, millinery, music
instruction, photographic studios,
real estate agencies,
telephone marketing,
and word processing.
Auto body, construction trades, and engine repair are not allowable home occupations.
(2) Only 1 person other than a member of the
immediate family living on the premises may be employed to work on the premises.
(3) Traffic generated by
the home occupation must not
be greater in volume than would normally
be expected in a residential neighborhood. Sufficient off-street parking must be provided for any traffic generated by
the home occupation, but no
parking is permitted in the front yard.
(4) On-site
retail sales are limited to goods made on the premises or, with the approval
of the town, to goods associated with the normal operation of the home occupation, such as beauty supplies, shampoo, and personal care products for a
beauty shop.
(5) One
on-premises sign is allowed.
1.5.12. Manufactured Homes and Mobile Homes (back to top)
(1) A
manufactured home used for human
habitation must meet the construction
standards contained in Wis. Admin. Code ch. Comm
27.
(2) A manufactured home may not be parked or used as a residence unless it is located
in a manufactured home park, except as otherwise permitted in this section.
(3) A
manufactured home is considered to be single-family residence and is an allowed use in any zoning district where single family dwellings are an
allowed principal use provided that:
(a) A
site plan is submitted with the zoning
permit application to the town for review and approval. The site plan must show the size of the manufactured home, its
location on the lot, all yard measurements,
and the location of the septic tank,
filter bed, and
water supply.
(b) The manufactured home must be set on an enclosed foundation in accordance with Wis. Stat. § 70.043(1) and Wis. Admin. Code ch.
Comm 21, subchs. III, IV, and V. The town may require a plan to be
certified by a registered architect or engineer to ensure proper support for the
home.
(c) The manufactured home must be securely anchored to its foundations with tie-downs having a minimum tensile strength of 2,800 lbs. and the anchors must be embedded in concrete
that is sufficient to withstand the
tie-down strain. The amount of tie-downs must conform to
the manufacturer’s recommendations, provided that there are at least four tie-downs.
(d) The
manufactured home must be installed in accordance with
the manufacturer’s instructions and is properly connected to utilities.
(e) The hitch and wheels must be
removed.
(f) The
roof must be double pitched so that
there is at least a 3-inch vertical
rise for each 12-inches of
horizontal run. The roof must have a minimum 8-inch overhang on
each perimeter wall and the overhang must
be architecturally integrated into the design of the dwelling.
The roof must be residential in appearance; must be covered with an approved material,
such as wood, asphalt, composition,
or fiberglass shingles; and may not be covered with corrugated aluminum or corrugated fiberglass.
(g) The exterior siding material must be
residential in appearance; may consist of clapboards, concrete, masonry,
simulated clapboards such as conventional vinyl or metal siding, stucco,
wood, wood shingle shakes, or a similar material; but may not include smooth, ribbed, or corrugated metal or plastic panels. The exterior siding material must extend to ground level,
except that when a solid concrete or masonry perimeter foundation
is used, the siding material need not extend below the top of the
foundation.
(4) A
manufactured home may not be
located on a lot outside of an approved and
licensed manufactured home park for more than 6
months unless it meets the requirements of
a permanent dwelling and
is taxed accordingly.
(5) A
manufactured home may be used as a single family residence
on a farm provided that the manufactured
home is occupied by a family member or employee of the farm’s owner. The family member must be related to the father, mother, son, daughter, brother, or sister of the farm owner. The employee must be actively employed
and receive 50 percent of his or her income from the farm
operation.
(6) Skirting. Skirting specifically designed for
manufactured homes, or some other material, must enclose the area between
the ground and the bottom of the manufactured home. Skirting must be installed within 2 weeks of the date that the manufactured home is placed on its site.
(7) A mobile home may not be used as a residence within the town unless it is located in a manufactured
home park.
1.5.13. Manufactured Home Parks (back to top)
(1) Drainage,
Erosion
Control, and Landscaping.
(a) A
manufactured home park and each manufactured home within the park must be located on a well-drained
area and the premises
properly graded so as to prevent
the accumulation of storm or other waters.
No manufactured home park
may be located in an area
where runoff of contaminated liquids or from contaminated solids is likely to be deposited.
(b) A
construction site erosion
control plan must be submitted to and approved
by the town prior to the commencement
of any work on a new manufactured
home park or the expansion
of an existing park.
(c) The
open areas of a manufactured
home park must be seeded or sodded and properly landscaped.
(2) Parking.
(a) A
graveled or paved parking area of at least
350 square feet is required for each manufactured home site. Additional parking spaces must be provided
within the park so that there are at
least 1¼ parking spaces for each
manufactured home space.
(b) Parking
in the front yard of a manufactured home is prohibited.
(c) The
parking area for a manufactured home site must be connected to the entrance of the manufactured
home by a hard surface walkway
that is at least two feet wide.
(d) Parking areas
and walkways must have adequate
drainage and be maintained in good
condition.
(e) Unlicensed vehicles, collections of debris,
junk, or personal property are prohibited in any parking
area or space.
(3) Setbacks and Other Dimensional Requirements.
(a) The minimum lot size is 3 acres.
(b) The
maximum number of manufactured
home sites per acre is 8.
(c) The minimum width of a manufactured home site is 30 feet.
(d) The maximum height of a manufactured home is 15 feet.
(e) The minimum distance between manufactured homes is 20 feet.
(f) The minimum side yard setback for each
manufactured home site is 8 feet.
(g) The minimum rear yard setback for
each manufactured home site is
25 feet.
(h) The minimum setback for an accessory structure is 5 feet.
(i) Each
site in a manufactured home park
must be a clearly marked
or delineated area of not less than 3,600 square feet.
A manufactured home may not occupy more than one-third of a site, and the manufactured home and
all accessory structures may not
occupy more than one-half of
the site. Any modification or
expansion of an existing and operating manufactured
home park must conform to current regulations.
(4) Sewage Disposal.
(a)
A
manufactured home park and each unit within a manufactured home
park must be connected to and use a public sewage facility if it is available to the manufactured home park.
(b) A
private sewage system as defined in Wis. Stat. § 145.01(12) is allowed when a public sewage facility
is not available. The system
must be located on the premise and must be designed, constructed, and operated in accordance with Wis. Stat. § 144.245 and Wis. Admin. Code chs. Comm 82 and 83. Plans and installation details covering the
design and construction, alteration, or extension of a private sewage
system must be approved by the county and the Department of Commerce prior to construction. Prior to construction, sanitary permits
are required for any work done to a private sewage system.
(5) Streets.
(a) Each site in a manufactured home park must abut upon a street.
(b) The maximum length of a one-way street is 500 feet.
(c) A
one-way street must be at
least 14 feet wide if parking is prohibited on the street, 18 feet
wide if parking is permitted on only one side of the street, and 24 feet wide if parking is allowed on both sides of the street.
(d) A
two-way street must be at
least 18 feet wide if parking is prohibited on the street, 24 feet
wide if parking is permitted on only one side of the street, and 32 feet wide if parking is allowed on both sides of the street.
(e) Each street must be adequately graveled for year round
use or be paved; have natural drainage, be adequately lighted at night, and maintained in good
condition.
(6) Plumbing. All plumbing must meet the requirements contained in Wis. Admin. Code
chs. Comm 82–84 and Wis. Admin. Code ch. HSS 177.
(7) Uses.
(a) The
operation of laundry,
recreation room, and washroom
facilities for benefit of the residents of the manufactured home park is allowed.
(b) The
operation of maintenance equipment
storage facilities and one business office for the management of the manufactured home park is allowed.
(c) The
management of the manufactured
home park shall not allow, and no
person may conduct, any other
business activity in the park.
(8) Miscellaneous Provisions.
(a) Pre-existing Parks. Any expansion of an existing park must comply with this
and all other town ordinances.
All existing parks must be licensed and comply with this ordinance, except for certain design requirements not previously in effect. All replacement manufactured homes must comply
with this section of the ordinance.
(b) Recreation Area. Each
park must contain a relatively
level, well-drained recreation
area. The minimum recreation area required
is ½ acre for the first 50
sites. An additional ½ acre is required
for every 50 sites thereafter.
(c) Setback
Zones. No occupied
or unoccupied dwelling, manufactured
home, mobile home, or recreation vehicle may be located between
the established setback lines for the zoning district in which it is located
and a highway, lot line, stream,
street, or lake.
(d) Screening.
Each manufactured home park must be completely enclosed,
except for permitted entrances and exits, by a temporary planting of fast growing material capable of reaching 15 feet
or more or by a permanent evergreen planting of such a number and arrangement of individual trees that a dense screen will be formed within 10 years. Other screening that is harmonious
with the surrounding area may
be approved by the planning
and zoning administrator.
(e) Small
Manufactured Homes. Any manufactured home with less than 400 square feet of living space must be located within a manufactured home park.
(f) Collections
of personal property, debris, junk, and unlicensed vehicles
are prohibited outside of a building anywhere
within the boundaries of any manufactured
home park.
1.5.14. Outdoor Wood Burning Furnaces (back to top)
(1) This
section applies to detached energy systems
such as an outdoor wood burning furnace or unit, but does not apply to lawfully operated barbeques, fire pits,
fryers, or grills. It does not apply to the chimney attached to any
structure, such as a residence
or garage.
(2) A building permit is required for any detached energy system.
(3) Setbacks and Other Minimums.
(a) Must be setback at least 100 feet
from any lot line.
(b)
Must be setback at least 500 feet from any residence on an adjacent parcel.
(c) The minimum stack height for any detached energy system is 20 feet, except that a lesser stack height
which meets the manufacturer’s minimum
specifications is allowed for any system that is Phase 2 Qualified under the U.S. Environmental Protection Agency’s 2008 Hyrdonic Heater Program.
1.5.15. Recreation Vehicles (back to top)
(1) A recreation
vehicle other than a park trailer,
a transporting device for
a recreation vehicle; or a recreation
vehicle on a transporting device
may be parked or stored on its owner’s property as an accessory
use.
(2) A
recreation
vehicle or a transporting device for a recreation
vehicle may not have its wheels removed, except for repairs, or be altered in any way that would make it
unable to be readily removed from
the property.
(3) A
recreation
vehicle may not be used to provide permanent habitation in any district.
(4) A
recreation
vehicle other than a park trailer
may be used to provide temporary
living quarters or overnight accommodations subject to the following conditions:
(a) It may not
be located in
a floodplain or wetland.
(b) It must meet all accessory use setback requirements for the district in which
it is located.
(c) It may not
have or be attached to any structure, such as a deck, patio,
shed, or other appurtenance.
(d) If it is located on a residential parcel, it may be used to
provide living space or overnight
accommodations for up to 14 days at a time, but for no more that a total of 30 days in a calendar year.
(e) If
it is located on an open space parcel
or on an improved parcel on which no structure is used
for habitation, it may be
used continuously or intermittently to provide living space
or overnight accommodations for
a period of up to 30 consecutive days
at a time. On the thirty-first day following the first day of any 30-day period, it must be removed from the parcel for at least 10
days and no other recreation
vehicle may be located or used on
the parcel during this 10-day period.
(f) No
more than 2 recreation vehicles may be located
or used on a parcel at any one time, except that up to 5 recreation vehicles may used on a parcel
for a special event, such as a family reunion,
for a period of no more than a total of 7 calendar days in any
calendar year.
(5) A
park trailer may be used to provide temporary living quarters or overnight accommodations subject to the following conditions:
(a) It may only be located in a General Agriculture (GA) District.
(b) It
may not be located in a floodplain or wetland.
(c) It must meet all accessory use setback requirements.
(d) It must be connected to septic and water utilities.
(e) A
deck, patio, shed, or other appurtenance may be attached
to a park trailer.
(f) It
may be used to provide living space or overnight accommodations
for no more that a
total of 180 days in a calendar year.
(g) No
more than 1 park trailer may
be located or used on a parcel
at any one time, except in a recreation
vehicle park.
1.5.16. Sand, Gravel, and Rock Excavation (back to top)
(1) Purpose. These supplemental regulations are intended to assure that sand, gravel, and rock
extraction operations are properly controlled,
while providing the maximum degree of flexibility in dealing with mineral deposits whose locations are not precisely known, and are in addition
to any requirements contained in the Nonmetallic Minerals Mining Ordinance.
(2) Aerial
Photograph and Map. An application
for a sand, gravel, or rock extraction conditional use permit must
include an aerial photograph
and map that provides the following information:
(a) The
boundaries of the affected parcel
and any adjacent parcel and
the location and name
of all pipelines, railroads, roads, streams, utilities, and wetlands on the affected parcel and any adjacent parcel.
(b) The name of the owner of each adjacent parcel and the location of all structures within 1,000 feet of the outer perimeter of the area, the purpose
for which the structure is used, and the names of each structure’s occupants.
(c) The
proposed location, extent, and depth
of the intended sand, gravel,
and rock excavation, showing the setback distances.
(d) The
proposed location of any ponds,
sediment basins, stockpiles, and waste dumps, showing the setback distances.
(e) The surface drainage of the affected land and the estimated depth to groundwater.
(3) Operational
Information. An application for a sand, gravel, or rock extraction conditional use permit must
include the following operation information:
(a) The duration
of any applicable lease.
(b) The
estimated date that operations will commence and terminate.
(c) The anticipated hours of operation.
(d) The
proposed primary travel
routes to transport material to and from the property.
(e) A description of the excavation and processing equipment
to be used.
(f) A
description of measures to be taken to screen the
operation from view from any residence on an adjacent parcel.
(g) A description
of measures to be taken to control dust, noise
and vibrations from the operation.
(4) Operations.
(a) All
blasting must be done by a state licensed and certified blaster, who
must have a certificate of liability or proof of liability insurance.
(b) All
excavation equipment must be constructed,
maintained, and operated in such a manner as to eliminate, as
far as practicable, any dust, noise, or vibration that might adversely affect
or injure any person living in the
vicinity of the operation.
(c) Any excavation access road must have and be maintained with a dustless surface, and a stop sign must be placed where the access road intersects a public road.
(d) Any part of an
excavation in which water collects to a depth of 2 feet or greater for 30 consecutive days or more must be drained or filled so as to
prevent such a collection of water.
(e) Operations must be conducted in such a manner
that any water runoff from operation does not adversely affect any adjacent parcel.
(f) All equipment and temporary structures, such as an asphalt plant, conveyor, or screener, must be removed from the parcel within 90 days of the termination of extraction operations.
(g) All rubble and other debris must be
removed from the parcel within 90 days of the termination of extraction operations.
(5) Setback Requirements.
(a) The
excavation must be setback at least 1,000 feet from any existing residence unless the planning and zoning committee determines that it is in the public interest to permit an excavation at a distance
that is less than 1,000 from an existing residence.
(b) The
excavation must be setback at least 200 feet from all right-of-way lines unless the planning and zoning committee determines that it is in the public interest to permit an excavation at a distance
that is less than 200 from a right-of-way
line.
(c)
The excavation must be setback at least 100 feet from any lot line, except that the planning and zoning committee may set a smaller setback or waive
the setback requirement if the adjacent parcel
is or will be excavated.
(6) Options.
(a) The
planning and zoning committee may require
fencing if warranted by existing conditions.
(b) The
planning and zoning committee may restrict
the hours of operation if warranted
by
existing conditions.
(c) The
planning and zoning committee may require
the testing of wells adjacent
to the proposed operation for turbidity,
water levels, or other factors
after the conditional use permit is granted.
1.5.17. Signs (back to top)
(1) Permit Requirement.
A
building permit is required
for any directional sign,
business sign in a Commercial/Business CB zoning district, or on-premises business sign. A permit is not required for any other sign.
(2) General
requirements. The general requirements
described in this subsection apply to any sign.
(a) A
sign and its supporting structure must be properly constructed, installed, and maintained.
(b) A
sign must be securely anchored or otherwise fastened, suspended, or supported
so as not to present a hazard to any person
or
property.
(c) A
sign must be designed and constructed
to safely withstand a wind pressure of
at least 30 pounds per square foot of surface area.
(d) A
sign may not be suspended by chains
or other devices that allow the sign to swing
due to wind action.
(e) Dimensions. The following dimensional limits,
which are inclusive of border and trim, but exclusive of supports, apply to all signs:
1. The maximum width of any sign is 20 feet.
2. The maximum height of any sign is 20 feet.
3. The maximum surface area of any sign is 150 square feet.
(f) Public Decency. A sign may not display images or text that violates standards of
public decency.
(g) Residential Protection. A sign
that faces a residential zoning district may not be located within 25 feet of the residential zoning district boundary.
(3) Nonconforming signs.
(a) A
nonconforming sign may continue to be used and the copy displayed
on the sign may be changed.
(b) Normal
maintenance may be performed on and repairs
made to a nonconforming sign, but a nonconforming sign may not be structurally altered unless the alteration brings the sign into compliance with this ordinance.
(c) Normal maintenance may be performed on the structure supporting a
nonconforming sign,
but the structure supporting a nonconforming sign may not be repaired unless the sign is brought into compliance with this ordinance. If repairs are made to
the supporting structure and the sign cannot
be brought into compliance with this ordinance, the sign must be
removed.
(d)
A nonconforming sign may not
be enlarged.
(e)
A nonconforming sign may not
be relocated.
(f)
A nonconforming sign may not
be replaced.
(4) Prohibitions. The design elements, signs, and uses of signs described in this
subsection are prohibited.
(a) A
sign may not advertise an activity
that is illegal under
any federal law, state
statute, county or town ordinance that is in effect where the
sign is located or where the advertised activity takes place.
(b) It is unlawful to locate a vehicular sign on private property where it is visible from a public right-of-way for the purpose of advertising or providing directions to any private activity, business, person, product or service.
(c) It is unlawful to locate a vehicular sign on any public property or public
right-of-way for the purpose of advertising or providing direction to any
private activity, business, person, product, or service.
(a)
It
is unlawful to use any character,
phrase, symbol, or word, such as
“DANGER,” “LOOK,” “STOP,” or “YIELD,” on a
sign in such a manner as to
mislead any driver or be confused
with any authorized traffic device,
sign, or signal.
(e) It is unlawful to locate a sign where, by reason of its color, position, or shape, it
may mislead any driver or
be confused with any authorized traffic device, sign, or signal.
(f) It is unlawful to locate a sign where it interferes with or obscures a
driver’s view of any approaching,
intersecting, or merging
traffic
on any street or highway.
(g) It
is unlawful to locate a sign where it
interferes with or obscures any official device, sign, or signal.
(h) It is unlawful to place any form
of optical machine-readable
code on a sign that is visible from a highway or street.
Optical machine-readable code includes, but is not limited to, any form of barcode or matrix barcode, such as a Quick Response (QR)
code.
(i) It
is unlawful to draw, paint, or place a sign
on a rock, tree, or other natural feature.
(j) A sign may not move or have any moving parts.
(k) A sign may not contain reflective elements that sparkle in the sunlight.
(l) It is unlawful to locate a sign, other than a government sign, in any public park, rest
area, or scenic area.
(5) Directional signs.
(a) Location.
1. A directional sign may not be located within 2,000 feet of any at- grade intersection,
interchange, rest area, park, scenic area, or wayside
on a freeway or interstate highway or within 300 feet of any at-grade intersection, interchange, rest area, park, scenic area, or wayside on any other highway.
2. A
directional sign must be at least one mile from any other directional sign that describes
the same place and that faces the same direction.
3. No
more than 3 directional signs pertaining to the same
place may be located along
a single route.
4. A
directional sign visible from an interstate highway must be located
with 75 miles of the place described on the sign.
5. A
directional sign must be located so that it does not affect any agricultural
operation.
(b) Changes to Directional Signs.
A directional sign may be modified as to its color, copy,
lighting, shape, and size provided that the modified sign complies with the requirements of Wis. Stat. § 84.30 and this ordinance.
(c) Illumination Restriction. A directional sign may not be
illuminated. (6) Electronic signs. The following regulations apply to electronic signs:
(a) Amber alerts. An electronic sign must be made available for amber alerts and other emergency notifications as deemed necessary by county
law enforcement or emergency management officials.
(b) Audio. An electronic sign may not contain or use audio speakers.
(c) Brightness. The brightness
level of an electronic sign
may not exceed 5,000 nits during daylight
hours or 500 nits from dusk to dawn.
(d) Display Requirements.
Any image or text displayed on an electronic sign must be a static display that has a duration of at least 8
seconds. The transition time between one display and the next must be no longer than 2 seconds. A black
or blank screen may not be used
during the transition period.
(e) Malfunctions. An electronic sign must be designed to freeze the display in the event
of a control malfunction.
(f) Mounting. An electronic sign that
is mounted on a building or any appurtenance to a building
may not project more than 18 inches from the face of the structure
on which it is mounted.
(g) Portable
Signs. A portable electronic sign is not permitted.
(h) Railroad
Crossings. An electronic
sign is prohibited within 200 feet of
any railroad crossing.
(i) Residential Restriction. An electronic
sign may not be located with
200 feet of any residential zoning district.
(j) Scrolling
Messages. An electronic
sign may not display a scrolling or traveling message.
(k) Pyrotechnics. An electronic
sign may not contain or use any form of pyrotechnics.
(7) Illuminated signs.
(a) An
illuminated sign must be effectively
shielded so as to prevent light from being directed at any portion of the travelway of a controlled highway and may not glare,
impair the vision of the driver of any motor
vehicle, or otherwise interfere
with any driver’s operation
of a motor vehicle.
(b) An
illuminated sign may not interfere with the effectiveness of or obscure any official traffic device, sign, or signal.
(c) An
illuminated sign must be effectively
shielded so as to prevent light from being directed at any residence or habitable structure on any adjacent parcel.
(d) Neon
tubing that is exposed to view on any sign must have an opaque cover of plexiglas or another similar material.
(8) Sign-Specific Regulations.
(a) Campaign or Ballot
Initiative Signs. A sign
erected on behalf of a candidate
for public office or a ballot
initiative may not be erected more than 30 days prior to the primary election
and must be removed within 15 days following the general election.
The maximum size of a
campaign or ballot initiative sign,
other than a billboard, is 16 square
feet in a nonresidential zoning
district and 8 square feet
in a residential zoning district. A campaign or
ballot initiative sign may not
be located in
or over a public right-of-way or
within 15 feet of a public right-of-way at an intersection. A campaign or ballot initiative sign in a residential zoning district may not be illuminated.
(b) Construction
Signs. A sign that
identifies a contractor or a construction
project may be erected on the construction site. The maximum size
of a construction sign is 100 square
feet.
No more than two signs are
allowed on a construction site.
The sign must be removed within 30 days of completion of construction
or upon occupancy, whichever
occurs first. A construction sign in a residential
zoning district may not be
illuminated.
(c) Farm Signs.
A sign identifying a
farm may be placed
on the property that it identifies. The maximum
size of a farm sign is 10
square feet. A farm sign may not be illuminated.
(d) Freestanding
Signs. A freestanding sign must be entirely within the
lot lines of the parcel on which it is located and must be setback from any road surface by a
distance that is at least equal to or greater than the height of the sign.
A freestanding sign that
is located within 15 feet of a front or corner side lot line may not be more than 3 feet in height unless it has a minimum
under clearance of
10 feet as measured from the grade level
at the closest right-of-way line
to the bottom of the sign.
(e) Garage,
Rummage, and Yard Sale Signs. A sign
for a garage, rummage, yard
sale, or similar event (“yard
sale sign”) must be entirely within the lot lines of the parcel on which the event
takes place.
A yard
sale sign may not
be displayed more than one day prior to the start
of the sale and must be removed within
one day after the sale ends. No more than
2 events may be held on any parcel during a calendar year.
A sign or signs may not be displayed for more than
10 days per event. The maximum size
of a yard sale sign is 4 square feet.
One sign is permitted on a lot, except that two signs are
permitted on a corner lot provided that the signs are placed on different frontages. A yard
sale sign may not be
illuminated.
(f) Home Occupation Signs. A sign that displays the name and home occupation
of the occupant may be placed
on a property. The maximum size of the
sign is 1 square foot. The sign
may
not be illuminated.
(g) Marquee
signs. A marquee
or other projecting sign
that is located closer than 15 feet of a
front or corner side lot line must have a minimum under clearance of 10 feet as measured from the grade level at the nearest road surface to the bottom of the sign.
(h) Memorial
Signs. The maximum size of a
memorial sign which identifies
the name of a building and
date of erection
is 4 square feet
unless
the sign is cut into a masonry surface
or inlaid so as to
be part of the building. A memorial sign in a residential zoning district
may not be illuminated.
(i) Neighborhood Identification
A sign
that identities
a housing complex, neighborhood,
or subdivision is permitted in any residential
zoning district. The sign
may only contain the name of the housing complex,
neighborhood, or subdivision and may consist of a landscaping, a masonry
wall, or other materials combined to form a display.
The maximum height of the sign is 8 feet and the maximum size is 32 square feet. The sign
may not be illuminated unless specifically authorized by the town.
(j) No
dumping signs. The maximum
size of a no dumping sign is 1½ square feet.
(k) No
trespassing signs. The maximum size
of a no trespassing sign is 1½ square feet.
(l) On-premises Business Signs. The maximum size
of an on-premises business sign is 32 square feet, excluding supports.
(9) Removal, Repair, or Compliance Orders.
5. The sign does not comply with any requirement contained in this ordinance.
(b) If a written
order is issued pursuant to sub.
(a), the action specified in the order must be completed within 10 days from the date of the order, unless the town specifies a longer period of time
for compliance. The action necessary to comply with the order may be taken
by the person who owns the property, the person
who owns the sign, or the person having the beneficial use
of the property or sign.
(c) If the action
specified in the order is not taken within the time required, the town may remove or cause the sign to be removed. The cost
of removing the sign will be imposed as a special charge
against the real property on which the sign was located and
the property owner will be billed
for the special charge. If
the special charge
is not paid within 30 days from the date of billing, it will become a lien against
the property and the delinquent special
charge may be included in
the next or current tax roll
for collection and settlement pursuant to Wis.
Stat. § 66.0627.
(d) If
the planning and zoning administrator determines
that a sign or its supporting structure presents
an immediate peril to any person or property, the town may summarily remove
or cause the sign to be removed without notice to the property owner where
the sign is located. The town
shall notify the property owner of the removal
action as soon as practicable. The cost
of removing the sign will be imposed as a special charge
against the real property on which the sign was located and
the property owner will be billed
for the special charge. If
the special charge
is not paid within 30 days from the date of billing, it will become a lien against
the property and the delinquent special
charge may be included in
the next or current tax roll
for collection and settlement pursuant to Wis.
Stat. § 66.0627.
1.5.18. Vacation Home Rentals (back to top)
(1) The applicant for a conditional use permit
for a vacation home rental must include a site diagram, drawn
to scale, showing the location and dimensions of the following:
(a) The structure used to provide sleeping accommodations;
(b) All accessory structures;
(c) Any private on-site waste water treatment system;
(d) Each parking
space; and
(e) The on-premises
sign.
(2) The application for a conditional use
permit must specify:
(a) The number of bedrooms in the unit;
(b) The maximum number of overnight occupants who will be permitted to stay in the unit; and
(c) The number of parking spaces provided.
(3) The application for a conditional use permit must include a report showing that a
compliance inspection has been conducted for any private on-site wastewater treatment system
(POWTS) and
that the system meets all state and
local requirements.
(4) The planning
and zoning committee may impose
conditions intended to reduce the
impact of the proposed use on neighboring properties
and nearby bodies of water. The conditions may include, but are not
limited to, the installation of a fence or
vegetative screening along a
property line, the maintenance of native
vegetation as a buffer along the shoreline, or the imposition of specified quiet hours.
(5) An on-premises sign must be posted in a conspicuous place near the entrance to the property.
The sign must have an area of at least 3 square feet.
The sign must be visible
from and legible without the need to come on to
the property.
(6) The
on-premises sign must include the following information:
(a) The property’s
advertised name, if any;
(b) The property’s address;
(c) The name,
address, and telephone number of the owner; and
(d) The name, address,
and telephone number of the owner’s agent or the local contact responsible for managing the property, if
any.
(7) The owner
of a vacation home rental must keep a
register detailing the use of the premises. The register must include, at a minimum, the
name, address, and telephone number of each guest using the property and the license number of each vehicle that is parked on the property.
A copy of the register must be made available to the town upon request.
(8) Only 1
structure on a parcel may
be used to provide sleeping accommodations
for a vacation home rental. Accessory buildings
may not be used to provide sleeping accommodations.
(9) Occupancy is limited
to no more than 2 persons per bedroom, plus 2 additional persons, per structure, and may not to exceed a total of 12 persons.
(10) It is unlawful for any person to use or allow another person to use a camper, motor home, recreation vehicle, trailer, or
any other means to provide overnight accommodations
outside of the principal structure on
the premises of a vacation
home rental.
(11)
The owner
must provide sufficient off-street parking for all
day-time visitors. The owner must
provide off-street parking on
the parcel for each vehicle that is parked overnight. The maximum number of vehicles that may be parked on the property overnight
is 6.
(12) A vacation home rental is subject to the licensing requirements contained in Wis.
Admin. Code ch. DHS 195 and the county’s
Public Health Ordinance.
(13)
Any prior
nonconforming structure or use of a property for the purpose of providing a
vacation home rental that is altered, changed,
increased, replaced, or extended after the effective date this ordinance must comply with the requirements contained in this ordinance.
1.5.19. Specifications and Mounting of Address Numbers (back to top)
(1) All structures and uses requiring an address and number shall have
the number mounted so it is clearly visible from the abutting road way in the following manner:
(a) Structures
setback more than 75 feet from the right-of-way of the abutting roadway.
(b) Structures
located in such a manner that the visibility of the address number is obscured
or is not discernable from the abutting roadway, regardless of the structure's
distance from the road right-of-way. Final determination of the sign
visibility shall be within the discretion of the town Board.
(2) The
following specifications shall be followed when mounting address numbers at the
driveway access point:
(a) Numbers
shall be posted on the right side of the driveway access point when viewing the
property from the roadway. The sign shall be located no more than 10 feet
from the abutting road right-of-way and no more than 20 feet from the edge of
the driveway. In some site specific cases,
numbers may be posted on the left side of the driveway when viewing the
property from the roadway.
(b) The
number shall be mounted on a post made of metal and be perpendicular to the
abutting roadway, so as to be easily visible.
The sign and post shall be maintained by the property owner in an acceptable
manner.
(3) Although
required by the postal service for mail delivery, it shall not be acceptable to
use mailboxes as the device for posting address numbers.
1.5.20. Filling, Grading, Ditching and Excavating (back to top)
(1)
General
Standards.
(a)
The
smallest amount of bare ground shall be exposed for the shortest time feasible
and permanent ground cover shall be established as soon as practical.
(b)
Shall
not alter the drainage from and onto adjacent lands so as to
create significant harm.
(c)
Shall
not, in any manner, alter the course of a waterway on property belonging to
other than the applicant.
(d)
Shall,
where applicable, meet the requirements of federal, state
or local agencies also having jurisdiction, such as the Wisconsin Department of
Natural Resources, the U.S. Army Corps of Engineers, and Winnebago County.
(2)
Filling
may be permitted provided the fill material:
(a)
Shall
be suitable for its intended use, no fill intended for supporting structures
shall consist of junk, wood, sawdust, paper, tires, solid waste, muck, peat, or
any similar materials which could cause subsidence.
(b)
Fill
material is protected from erosion so as not to cause siltation of adjacent
lands or navigable waters. The use of a temporary ground cover or other
conservation practices such as sediment catch basin or diversion terrace may be
required in order to prevent erosion.
(c)
Shall
rest on a firm bottom and be stabilized according to accepted engineering
standards.
(d)
Filling
shall comply with any local floodplain zoning ordinance and shall not restrict
a floodway or destroy the flood storage capacity of a floodplain.
(3)
Grading,
ditching, and excavating of an area may be permitted provided that:
(a)
Channels
or artificial watercourses shall be constructed with side slopes of two (2)
units horizontal distance to one (1) unit vertical or flatter which shall be
promptly vegetated, unless bulkheads or riprap are provided..
(b)
Ditch
banks shall be maintained in a sod cover and free of woody vegetation.
(c)
A 10 foot wide buffer strip of untilled, ungrazed
sod cover shall be maintained adjacent to the ditch bank.
(4)
Exemptions
(a)
Soil
conservation practices used for erosion control shall be exempt when designed
and constructed to Natural Resource Conservation Service technical standards.
1.5.21 Prohibited Residences and
Dwelling Units.
Portable storage facilities
(including shipping containers, cargo containers, portable on demand storage
(PODS), and store and move (SAM) containers, busses, heavy duty trucks and
their bodies, semi-trailers, freight containers, and similar items) shall not be used as a dwelling
or residence. (updated 1/5/2022)
1.6.
ADMINISTRATION and AMENDMENTS
1.6.1. Planning and Zoning Committee (back to top)
(1) Purpose. The purpose of this ordinance is to establish a Town of Rushford Planning and Zoning Committee and set forth its organization, powers and duties, to further the health, safety, welfare and wise use of resources for the benefit of current and future residents of the Town and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.
(2) Powers and Duties. The Town Board of the Town of Rushford has been authorized by the Town meeting under sec. 60.11(2)(c), Wis. Stats., to exercise village powers and the Town has a population of less than 2,500, according to the most recent regular or special federal census, sec. 990.01 (29), Wis. Stats. The Town Board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member Plan Commission under secs. 60.62(4), 61.35 and 62.23, Wis. Stats. The Plan Commission shall be considered the “Town Planning and Zoning Committee” under secs. 236.02(13) and 236.45, Wis. Stats., which authorize, but do not require, Town adoption of a subdivision or other land division ordinance. Such powers and duties generally include:
(a) To initiate, hear, review and offer its recommendations to the Town Board on applications for amendments to this chapter.
(b) To hear, review and offer its recommendations to the Town Board on applications for conditional use permits, subdivisions, street vacations and name changes, and other matters.
(c) To prepare and recommend to the Town Board for adoption of a Comprehensive Plan for the town, and from time to time to recommend amendments as it may deem appropriate.
(d) To review and report on any matters referred to it by the Town Board.
(3) Organization. The Planning and Zoning Committee shall be organized in the following manner:
(a) The Planning and Zoning Committee
should consist of one (1) representative from the Town Board, who may be the
Town Board Chairperson or another Town Board member, and 4 citizen members, who
are not otherwise Town Officials, and who shall be persons of recognized
experience and qualifications.
(1) One
alternate member may also be nominated by The Town Chairman and confirmed by
the Town Board, who shall act, with full power, only when a member of the Committee
is absent.
(b) Members of the Planning and Zoning
Committee shall be nominated by the Town Chairman and confirmed by the Town
Board. The term of office for the Planning and Zoning Committee
Chairperson and each Committee member shall be for a period of 3 years, ending
on April 30, or until a successor is appointed and qualified, except:
(1) Initial
Terms. The citizen members initially appointed to the Plan Commission shall be
appointed for staggered terms as follows: one (1) person for a term that
expires in one (1) year; one (1) person for a term that expires in two (2)
years; and two (2) persons for a term that expires in three (3) years.
(2) Town
Board Member or Chairperson. The Plan Commission member who is a Town Board member
or Town Board Chairperson, shall serve for a period of two (2) years, as
allowed under sec. 66.0501(2), Wis. Stats., concurrent with his or her term on
the Town Board, except an initial appointment made after April 30 shall be for
a term that expires two (2) years from the previous April 30.
(c) The planning and zoning administrator will sit on the committee to provide information but will not be a voting member.
(d) At the first scheduled meeting of the Planning and Zoning Committee following the annual town meeting, the Committee will appoint a Chairman, Vice Chairman and Recording Secretary.
(e) A person who is appointed to fill a vacancy
on the Planning and Zoning Committee shall serve for the remainder of the term.
(f) Planning and Zoning Committee meetings shall consist of at least 3 voting members to constitute a quorum.
(g) The Planning and Zoning Committee,
under
sec. 62.23(2), Wis. Stats., may adopt rules for the transaction of its
business, subject to Town ordinances, and shall keep a record of its
resolutions, transactions, findings and
determinations, which shall be a public record under secs. 19.21-19.39, Wis.
Stats.
(h) The members of the Planning and Zoning Committee will be compensated for their time based on a set rate established annually by the Town Board. They shall be removable by the Town Chairman for a cause upon written charges and after public hearing.
1.6.2. Building Inspector; Planning &
Zoning Administrator (back to top)
(1) Building
Inspector.
(a) A Building Inspector shall be appointed by the Town Board at a rate of compensation and for a term of office, which is established by the Town Board at the time of such appointment. The Building Inspector shall possess the necessary skill and experience to perform the duties as a building inspector.
(b) The Building Inspector shall accept applications, issue or deny building permits, give notice of violations and enforce the provisions of any Town Building Code and other applicable town, county and state building regulations.
(2) Planning
& Zoning Administrator
(a) A Planning & Zoning Administrator shall be appointed by the Town Board at a rate of compensation and for a term of office, which is established by the Town Board at the time of such appointment.
(b) The Planning & Zoning Administrator shall accept applications, issue or deny Zoning Permits, give notice of violations and enforce the provisions of this Zoning Ordinance.
(3) Duties of Building Inspector and Planning & Zoning Administrator:
(a) The Planning & Zoning Administrator and
Building Inspector shall have access to premises and structures during
reasonable hours to make those inspections as deemed necessary by them, or
either of them, to ensure compliance with this Ordinance, applicable building
codes and town, county and state regulations. They
each shall have the authority to procure special inspection warrants in
accordance with Wisconsin Statutes.
(b) The
Planning & Zoning Administrator and Building Inspector each shall have the
authority to halt any location, erection, moving, reconstruction, enlargement,
extension, conversion or structural alteration of a structure, or use of land,
which is not in compliance with this Ordinance or applicable building codes and
town, county and state regulations. In furtherance of
this authority, the Building Inspector may revoke any building permits then
issued which pertain to any conforming matter by notice in writing to the
holder of such permit.
(c) Notwithstanding
any other provision of this Ordinance, where a Zoning Permit or Building Permit
has been issued in accordance with law prior to the effective date of this
Ordinance, and provided that construction is begun
within six (6) months after such effective date and diligently pursued to
completion, the subject of such permit may be completed in accordance with the
approved plans on the basis on which the permit was issued. Upon completion
such premises may be occupied under a Certificate of Compliance for the use
designated in the permit. Thereafter, however, the premises shall be subject to
all provisions of this ordinance.
(d) Notwithstanding
any other provision of this Ordinance, no inspection shall be required of any
farm or agricultural outbuilding, except that setback requirements of this ordinance
shall be enforced.
1.6.3. Board of Appeals (back to top)
(1) Establishment. A Board of Appeals is
established for the purposes of hearing appeals from actions of the Planning
& Zoning Administrator and applications for variances from and exceptions
to provisions of this Ordinance, and deciding the
same.
(2) Membership. The Board of Appeals
shall consist of 5 members appointed by the Town Chairman, subject to confirmation
by the Town Board. The terms of the office shall be for a
period of 3 years, or until a successor is appointed and qualified. The members of the Board will be compensated
for their time based on a set rate established annually by the Town Board. They
shall be removable by the Town Chairman for a cause upon written charges and
after public hearing. The Town Chairman shall designate one member chairman.
The Board may employ a secretary and other employees. Vacancies shall be filled
for the unexpired terms of members whose terms become vacant. The Town Chairman
may appoint one alternate member, who shall act, with full power, only when a
member of the Board refuses to vote because of interest or when a member is
absent.
(3) Organization. The Board of Appeals
shall adopt rules in accordance with the provisions of this Ordinance. Meetings
shall be held at the call of the Chairman and at such times as the Board may
determine. The Chairman or acting Chairman if there be one, may administer
oaths and compel the attendance of witnesses. All meetings of the Board shall
be open to the public and a record of all proceedings shall be kept, showing
the vote of each member upon each question or, if absent or failing to vote,
indicating such fact. The board shall keep records of its examinations and
other official actions. All records immediately shall be filed in the office of
the Board and shall be public.
(4) Appeals. Appeals to the Board of
Appeals may be taken by any person aggrieved or by any officer of the Town of
Rushford affected by any decisions of any administrative officer' of the town.
Such appeal shall be taken within a reasonable time, as provided by the rules
of the Board, by filing with the officer from whom the appeal is taken and with
the Board a notice of appeal, specifying the grounds thereof. The officer from
whom the appeal is taken forthwith shall transmit to the Board all the papers
constituting the record upon which the action was taken from which appeal is
made.
(5) Automatic Stay. An appeal shall stay
all legal proceedings in furtherance of the action from which appeal is made,
unless the officer from whom the appeal is taken certifies to the Board that by
reason of facts stated in the certificate, a stay would, in his or her opinion,
cause imminent peril to life or property. In such case proceedings shall not be
stayed otherwise than by a restraining order which may be granted by the Board
or by a court of record on application, with notice to the officer from whom
appeal is made, and on due cause shown.
(6) Hearings. The Board shall fix a
reasonable time for the hearing of appeals or other matters referred to
it. Public notice shall be given of all
hearings. Due notice of a hearing also shall be given to the parties in
interest. Upon the hearing any party may appear in person or by agent or
attorney. The Board shall decide each matter within a reasonable time after its
hearing.
(7) Powers. The Board shall have the
following powers:
(a) To
hear and decide appeals where it is alleged there is error in any order, requirements,
decision or determination made by the Planning &
Zoning Administrator in the enforcement of this Ordinance.
(b) To
hear and decide special exceptions to the terms of this Ordinance and to grant
such variance from the terms of this Ordinance as will not be contrary to the
public interest where, owning to special conditions, a literal enforcement of
the provisions of this Ordinance will result in practical difficulty or
unnecessary hardship, so that the spirit of the Ordinance shall be observed, public
safety and welfare secured and substantial justice
done. Use variances shall not be granted by the Board of Appeals.
(c) To hear and decide applications for
interpretations of zoning regulations and zoning district boundaries
established under this Ordinance.
(d) To hear and decide applications for
substitution of more restrictive nonconforming uses for existing nonconforming
uses where no structural alterations are to be made.
(e) To hear and decide applications for
unclassified and unspecified uses; provided, however, that such uses shall be similar to character to the principal uses permitted in the
district and the Town Planning & Zoning Committee shall have made a review
and recommendation on the application.
(f) To hear and decide applications for
temporary uses which do not involve the erection of a substantial structure and
are compatible with neighboring uses; provided however, that the Town Planning
& Zoning Committee shall have made a review and recommendation on the
application; and further provided that a temporary use permit shall be
revocable subject to conditions established by the Board and shall be issued
for a period not in excess of one year. In exercising
its power, the Board of Appeals may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or
determination appealed from, and to that and shall have the powers of the
officer from whom appeal is taken and may issue or direct the issue of permits.
(8) Decisions. The concurring vote of
four (4) members of the Board of Appeals shall be necessary to reverse any
order, requirement, decision or determination of any administrative official,
or to decide in favor of any applicant, or to effect
any variation in this Ordinance. The grounds of every such determination shall
be stated in writing. Variances, substitutions and use permits shall expire
within 18 months of their grant unless substantial work, under them has been
commended. A decision shall be made within 30 days after the final hearing on
the matter of the hearing.
(9) Appeals. Any person aggrieved by any
decision of the Board of Appeals or any taxpayer, or any officer of the Town of
Rushford may present to the Court of record a petition, duly verified, setting
forth that such decisions is illegal, in whole or in part, specifying the
ground of the illegality. Such petition shall be presented to the Court within
thirty (30) days after the filing of the decision in the office of the Board of
Appeals.
1.6.4. Amendments (back to top)
(1) Authority. Whenever the public
necessity, convenience, general welfare or good zoning
practice require, the Town Board may adopt any Ordinance, changes in the
district boundaries, and may amend, change or supplement the regulations
established by this Ordinance or amendments thereto. All such changes or
amendments shall be adopted according to the procedures established under
Section 60.62 and 62.23 (7) of the Wisconsin Statutes, upon review and
recommendation by the Town Planning & Zoning Committee.
(2) Protest. In case of a protest against
any such change or amendment, duly signed and acknowledged, the owners of 20%
or more, either of the acres of land included in such proposed change or
amendment, or by the owners of 20% or more of the area of land immediately adjacent
extending 100 feet there from, or by the owners of 20% of more of the land
directly opposite thereto extending 100 feet from the street frontage of such
opposite land, such amendment shall not become effective, except by the
favorable vote of two-thirds (2/3) of the members of the Town Board
voting on the proposed change or amendment.
(3) Severability. If any section, clause,
provision, or portion of this Ordinance is adjudged unconstitutional or invalid
by a Court of competent jurisdiction, the remainder of this Ordinance shall
note affected thereby.
(4) Reapplication Time Period. No application of a property owner or
option holder for an amendment to the zoning map shall be considered by the
Town of Rushford within one (1) year following a denial of the same
request. An exception to this rule is if
the property owner or option holder requests a different zoning district
change.
1.7.
APPLICATIONS and APPEALS
1.7.1. Zoning
Permit (back to top)
(1) Applications
for a Zoning Permit shall be made in writing to the Planning & Zoning
Administrator on forms, which shall include the following information:
(a) Names
and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any.
(b) Description
of the subject site by its legal description according to the Winnebago County,
Wisconsin Registry or land survey in accordance with
the Winnebago County, Wisconsin, and Town of Rushford Subdivision Ordinances.
(c) Address
of the subject site.
(d) Type
of structure.
(e) Existing
and proposed operation of the structure or site.
(f) Number
of employees or occupants.
(g) Zoning
district in which the subject site is located.
(h) Plot
plan, drawn to scale, showing the location, property boundaries, and
dimensions, uses and sizes of the following: subject site; existing and
proposed structures; existing and proposed sanitary facilities and well;
existing and proposed easements, streets and other
public ways; off‑street parking, loading areas and driveways; existing
highway access restrictions; existing and proposed yards; and finished grades.
(2) A
Zoning Permit shall be granted or denied in writing by the Planning &
Zoning Administrator within thirty (30) days after filing of the application.
(3) A Zoning Permit shall recite the information set forth in the application and shall be displayed at the subject site and shall expire one (1) year after date of issue, unless substantial work has been commended and diligently pursued within that period.
(4) No permit shall be issued for any new construction, addition, reconstruction, enlargement or conversion of a principal structure that is intended to be occupied by human beings without the prior issuance of a Sanitary and Stormwater/Erosion Control Permit by the Winnebago County Zoning Department.
1.7.2. Building Permit (back to top)
(1) A Building Permit shall be required for the construction, moving, reconstruction, enlargement, extension, conversion or structural alteration of a building or structure, with a value for materials and labor in excess of $1,000.00. Applications for a Building Permit shall be made in writing to the Building Inspector on forms which shall include the following:
(a) Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any;
(b) Description of the subject site by its street address or, if there is none, by its legal description according to the Winnebago County, Wisconsin, Registry or other land survey;
(c) Type of structure or work proposed to be done
and statement of cost of work proposed to be done or, where not known, good
faith estimate of such cost.
(d) Existing
and proposed operation of the structure or site.
(e) Plot
plan, drawn to scale, showing the location, property boundaries, and
dimensions, uses and sizes of the following: subject site; existing and
proposed structures; existing and proposed sanitary facilities and well;
existing and proposed easements, streets and other
public ways; off‑street parking, loading areas and driveways; existing
highway access restrictions; existing and proposed yards; and finished grades.
(2) The
proposed finished grade for the principal structure shall be a grade twelve
inches above the crown of any adjacent public road at the center of said
structure.
(3) Where an alternate elevation would better
suit the existing or proposed use surrounding the site, the Building Inspector
shall have authority to set an alternative finished grade elevation at the time
of application for a building permit; provided, however, that such alternative
grade shall be noted on the zoning application by the Building Inspector.
(4) Building Permits shall recite the information set forth in the application and shall be displayed at the subject site and shall expire one (1) year after date of issue, unless substantial work has been commended and diligently pursued within that period.
(5) No permit shall be issued for any new construction, addition, reconstruction, enlargement or conversion of a principal structure that is intended to be occupied by human beings, without the prior issuance of a Sanitary and Stormwater/Erosion Control Permit by the Winnebago County Zoning Department. The foregoing notwithstanding, a zoning permit is required for a roadside stand.
1.7.3. Driveway and Roadway Access Permit (back to top)
(1) A driveway or roadway access permit shall be required to construct or reconstruct an access or connection to a local road within the Town of Rushford. This shall include the conversion of a farm access to a private residential or business access. Application for a driveway and roadway access permit shall be made in writing to the Building Inspector on forms which shall include the following:
(a) Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any;
(b) Description of the subject site by its street
address or, if there is none, by its legal description according to the
Winnebago County, Wisconsin, Registry or other land survey;
(c) Scale drawing, site engineering and other
traffic safety data may be required as a condition for approval.
(d) Driveway or roadway access permits
shall recite the information set forth in the application and shall be
displayed at the subject site and shall expire one (1) year after date of issue, unless substantial work has been commended and
diligently pursued within that period.
(2) The location, design and construction of a connection
or point of access to a local road must meet the following requirements, which
in no case shall be excused unless specific written authorization is obtained
from the Building Inspector:
(a) Farm
access points are exempt from width requirements.
(b) A
driveway shall have a setback ten (10) feet from an adjacent property line,
measured from the pavement or non-paved edge.
(c) A
driveway shall have a minimum top width of twenty (20) feet and a maximum
driveway top width of thirty-five (35) feet.
(d) A
driveway must have an all-weather driving surface that is not less than fourteen
(14) feet wide and six (6) inches in depth.
(e) All
driveways and points of access shall be constructed as to provide connection to
the local road at an angle of ninety (90) degrees.
(f) An
access shall not provide a direct connection to or from a local road
intersection.
(g) A
driveway that exceeds five hundred (500) feet in length must have a turnout at
least every five hundred (500) feet that will allow vehicles to pass. The
turnout area must be at least sixty (60) feet in length, thirty (30) feet in
width, and have a connecting turn radius of at least thirty (30) feet.
(h) The
surface of the access surface connecting with the local road shall slope down
and away from the local road shoulder a sufficient amount and distance to
preclude ordinary surface water drainage flowing from the driveway area onto
the local roadbed.
(i) No
concrete approaches or aprons shall be permitted within the road right-of-way.
(j) All
points of access shall not obstruct or impair drainage in local roadside
ditches or roadside areas. A culvert of an appropriate size may be required.
(k) Any
culvert or bridge associated with the driveway must be capable of handling a
30-ton vehicle.
(l) A
driveway must be located within a clear space that is free of any trees or other
obstructions. The clear space must be at least 20 feet wide and 14 feet high.
(m) The
Building Inspector may impose any other standards or requirements deemed
necessary regarding the construction of any access so as to
promote traffic safety and protect the public investment in the local roads.
1.7.4. Conditional
Use Permit (back
to top)
(1) Application. An application
for a conditional use permit must be
submitted to the town clerk for transmittal to the planning
and zoning committee where a public hearing will be held
and a recommendation will be made to the Town Board.
(2) General Standards. A conditional use
must not endanger the public
health, safety,
and welfare.
A conditional use must be in harmony with the orderly development of the
district in which it is located. The
intensity, location, nature, and size of the use; the height, location, and nature of structures associated with the use; the relationship of the structures and the use to the site on which it is located, surrounding properties, and existing or future streets are all relevant factors for the board of adjustment to
consider. A conditional use may not
discourage the appropriate development and use of
adjacent land and buildings or significantly impair
the value of surrounding properties.
A conditional use may not be
more objectionable to nearby property by
reason of flashing lights, fumes, noise, vibration, or other factors than the operation of any allowable principal
use.
(3) Plan
Requirement. The applicant must submit a plan for the proposed conditional use at the time the permit application is filed. The plan must describe the nature and extent of the proposed use; the proposed hours of operation; and the location of all landscaping, parking areas, structures, and traffic access. The applicant should include
all other information that the applicant would like for the board to consider when determining whether to grant a conditional use permit.
(4) Limitations.
A conditional use permit only authorizes the use specifically
described in the permit. The use may not be changed or expanded and
is strictly subject to the conditions specified in the permit.
(5) Expiration. A conditional use permit expires if the conditional use is not commenced within 24 months from the date of the permit or if the conditional use is discontinued for more than 12 months.
(6) Modification or Revocation. A conditional
use permit may be modified or revoked
by the Town Board if, after a hearing and/or recommendation from the
planning and zoning committee, the board
determines that the terms of the permit have been violated.
1.7.5. Reasonable
Accommodation for Disabled or Handicapped Persons (back to top)
(1) The Planning & Zoning Administrator
will, upon receipt of a written request, issue a zoning permit
that waives one or more specific zoning requirements if it
determines that all of the following conditions have been met:
(a) The requested waiver is necessary to
afford a handicapped or
disabled person equal housing opportunity or equal access to public accommodations.
(b) The requested waiver is the minimum deviation from the terms of this ordinance necessary to
provide the handicapped or disabled person equal housing opportunity or equal access to public accommodations.
(c) The requested waiver will not unreasonably undermine the basic purposes this ordinance.
(2) A building permit issued pursuant to this section must state the provisions of this ordinance that are waived and describe with reasonable particularity the deviation from the terms of this ordinance that are authorized.
(3) A building permit issued
pursuant to this section must state that the permit is issued
pursuant to the requirements of the Americans with Disabilities Act, the Fair Housing Act, the Rehabilitation Act, the Wisconsin
Open Housing Law, a local ordinance, or a
combination of these acts,
laws, and ordinances in order to
provide the reasonable accommodation
necessary to avoid discrimination on the basis of disability or handicap.
(4) A building permit issued
pursuant to this section must include a provision stating that the permit is valid
only for so long as the waiver
is necessary for a disabled or handicapped person to occupy or use the premises and that the permit holder must
notify the town within 30 days of the date that the disabled or handicapped person no longer occupies or uses the premises.
(5) A building permit issued
pursuant to this section must include a provision stating that any addition or external structural change
allowed by the waiver must be
constructed, insofar as is practicable, in such a way that it can be removed when the
disabled or handicapped person no longer occupies or uses the premises, unless the Planning
& Zoning Administrator determines that removal will not be required and
includes a written statement of the reason that removal is not required as part of the permit.
(6) A building permit issued
pursuant to this section which requires the removal of any addition or external structural change will not become effective until the permit holder:
(a) Signs an
affidavit that contains
the legal description
of the property, acknowledges that waiver granted by permit
is authorized only for so
long a disabled or handicapped
person uses the premises, agrees
to notify the Planning
& Zoning Administrator within 30 days of the date that
the premises are no longer
occupied or used by a disabled or handicapped person, and agrees to remove any addition or
external structural change authorized
by the permit within 30 days of
the date that the premises are no longer occupied or used by a disabled or handicapped
person; and
(b) Records
the affidavit with the Register
of Deeds and provides a copy of the recorded affidavit to the Planning & Zoning Administrator.
1.7.6. Permit Fees (back to top)
Fees are established as follows:
(1) Zoning Permit Fees: The amount of a Zoning Permit is established annually and is available from the Planning & Zoning Administrator. A Zoning Permit fee must be paid when the Zoning Permit application is filed, prior to any land use changes.
(2) Building Permit Fees: The
amount of a Building Permit is established annually and is available from the
Building Inspector. A Building Permit fee must be paid when the Building Permit
application is filed, prior to any construction or structural changes to an
existing building.
(3) Conditional Use Permit Fees: The amount of a Conditional Use Permit is established annually and is available from the Planning & Zoning Administrator. A Conditional Use Permit fee must be paid when the Conditional Use Permit application is filed.
(4) Additional Fees: The applicant shall also be responsible for any additional fees as charged by the Inspector.
(5) Penalty
fees: The required permit fee is doubled if the applicant submits
the application after a use has commenced.
(6) Fee Adjustments: Permit fees may be changed on an annual basis by a vote of the Town Board.
1.7.7. Certificate of Compliance (back to top)
(1) Where a Zoning or Building Permit is required under this Ordinance, no development or structure shall be used or occupied until a Certificate of Compliance has been issued by the Planning & Zoning Administrator. Such Certificate shall state that the development or structure is in compliance with the applicable standards of this Ordinance. An application for a Zoning or Building Permit is deemed an application for a Certificate of Compliance.
(2) A Certificate of Compliance also shall be required before the use of, or change in use of any nonconforming use. However, upon written request of the owner, the Planning & Zoning Administrator shall issue a Certificate of Compliance for any building or premises existing at the time of the adoption of this Ordinance, which Certificate shall state the extent and kind of use made of the building or premises and the manner in which it may not conform to the provisions of this Ordinance.
1.7.8. Appeals (back to top)
(1) Any person aggrieved by an act or determination of the Town
Planning and Zoning Administrator in the exercise of the authority granted
herein, shall have the right to appeal to the Board of Appeals.
(2) The appeal must be filed with the town clerk within 30 days of the date of the decision being appealed from.
The appeal must be in writing and must specify the
grounds for the appeal.
(3) The town
clerk shall promptly transmit
the appeal, along with the record of the action being appealed from, to the Board
of Appeals.
(4) An appeal stays
the action appealed from unless the Planning
& Zoning Administrator certifies
to the Board of Appeals that, for reasons stated in the certificate,
a stay would cause imminent
peril to life or property. If the Planning &
Zoning Administrator provides such certification,
the action appealed from will not be stayed except by a restraining order issued
by the Board of Appeals or a court
of law.
(5) The Board of Appeals shall fix a reasonable time for hearing the appeal and give
notice of the hearing to the parties in interest and the public.
(6) The Board of Appeals shall decide the appeal within a reasonable time and shall either, in whole or in part, affirm,
modify, or reverse the action appealed from or dismiss the
appeal for lack of jurisdiction or prosecution.
(7) The Boards’ final disposition of an appeal
shall be in a written determination, signed by the board’s chairperson,
stating the specific facts
and reasons for the board’s determination.
1.8.
VIOLATIONS ENFORCEMENT and
COMPLIANCE
1.8.1. Violations (back to top)
(1) It
is unlawful for any person to violate any provision of this
ordinance.
(2) It is unlawful for any person to knowingly provide false information, make a false statement, and fail to provide, or
misrepresent any material
fact to a town agent, board, commission, committee, department,
employee, official, or officer
acting in an official capacity under this ordinance.
(3) It
is unlawful for a person to disobey; fail, neglect, or refuse to comply
with; or otherwise resist a
permit or order issued pursuant to this ordinance.
(4) A separate offense
is deemed committed on each day that
a violation occurs or continues.
1.8.2. Enforcement (back to top)
(1) The Planning & Zoning Administrator
shall enforce this ordinance and
may conduct inspections and investigate complaints relating
to compliance with this ordinance.
(2) Inspection Authority.
The Planning & Zoning Administrator or
Building Inspector may
request permission to inspect, at a
reasonable time and date, any
premises or structure for which a permit has been applied for or
granted to determine compliance
with this ordinance. Refusal to grant
permission is grounds for denial or revocation
of a permit. If
permission is not given, the town
may apply for, obtain, and
execute a special inspection warrant
pursuant to Wis. Stat. § 66.0119.
(3) Notice
of Noncompliance.
If the Planning
& Zoning Administrator or Building Inspector finds a violation of any provision of this ordinance, the town may issue a written notice to the owner stating the conditions of non-compliance, specifying the action required to come into compliance, and providing a reasonable amount of time within which compliance is required.
(4) Zoning Permit Revocation Authority.
The Planning & Zoning Administrator or
Building Inspector may
revoke a zoning permit for substantial noncompliance with any provision of this ordinance, refusal to permit inspection of a premises or structure
for which a permit has been granted, or failure
to comply with the action requirement contained in a notice of
noncompliance.
(5) Building
Permit Revocation Authority.
The Planning & Zoning Administrator or Building
Inspector may revoke a building
permit for substantial noncompliance with any provision of this ordinance, refusal to permit inspection
of a premises or structure for
which a permit has been granted,
or failure to comply with the action requirement contained
in a notice of noncompliance.
(6) Conditional
Use Permit Revocation Authority.
The Planning & Zoning Administrator may refer
violations of a conditional use
permit to the planning and zoning committee and may conduct a hearing to determine whether to make a recommendation to the Town Board to revoke the conditional use permit.
(7) Citation Authority.
The Planning & Zoning Administrator or
Building Inspector may
issue a citation for any violation of this ordinance.
The town is not required to
issue a notice of noncompliance or take
any other action prior to issuing a citation.
(8) Legal Referral.
The town
board may refer a violation of this ordinance to counsel
for legal action, including
an action seeking injunctive relief. The town is not required
to issue a notice of noncompliance or take
any other action prior to referring a violation to legal counsel.
(9) Nothing in this section may be construed to prevent the town from using any other lawful means to enforce this ordinance.
1.8.3. Penalties (back
to top)
(1) A person will, upon conviction for any violation of this ordinance, forfeit not less than
$100 nor more than $1,000 for each offense, together
with the costs of prosecution for each violation, and may be ordered to take such action as is necessary to
abate the offense within a specified
time.
(2) The minimum and maximum forfeitures
specified in this section are doubled each
time that a person is convicted for the same violation of this ordinance within any 12 month period.
(3) A person
who has the ability to pay a forfeiture entered
pursuant to this ordinance,
but who fails or refuses to do so
may be confined in the county jail
until the forfeiture and costs are paid, but the period of confinement may not exceed 30 days. In determining whether a person has the ability to pay, all items of income and all assets may be considered regardless of whether the income and assets are subject to garnishment, lien, or attachment by creditors.
(4) A person
must, within 30 days of conviction, finding of default,
or stipulation of a violation of this ordinance, remove or discontinue
the use of any building, structure,
or part of a building or structure that violates any provision
of this ordinance or
the terms or conditions of any permit issued pursuant to this ordinance. If a person fails to remove such a building, structure, or part of a building or structure, the town
may remove or cause the removal of the building, structure, or part of the
building or structure. The cost
of removal will become a lien upon
the property and may be collected in the same manner as property taxes.
(5) The failure of a town employee, official, or officer to perform an official duty imposed by a section in this code will
not subject the employee,
official, or officer
to a penalty unless the
section imposing the duty also
specifies the penalty.
CHAPTER 1 APPENDIX A (back to top)
Zoning
Districts |
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(GA) General Agriculture |
(HDR)
High Density Residential |
|
(LER)
Large Estate Residential |
(CB) Commercial/Business |
|
(SER) Small Estate Residential |
(ID) Industrial |
|
(RR) Rural Residential |
(PLI)
Public Lands Institutional |
|
Setback
Requirements For All Zoning Districts |
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|
Diagram A |
|
Front Yard setback requirements for all districts & High Water setbacks to be established by Wisconsin
Department of Natural Resources or Winnebago County Zoning staff. Diagram
is not to scale. |
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GA |
General Agriculture |
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General
Agriculture (GA) |
|
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The purpose of the General Agriculture (GA) district is to
provide a rural area with a mixture of agricultural, low-density residential,
and rural commercial activity. The district provides for residential development
at modest densities consistent with a generally rural environment and allows
for nonresidential uses that require relatively large land areas or that are
compatible with the surrounding rural land. |
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Principal Uses • Agricultural uses. • Dairies and cheese factories. • Essential services. • Facilities used to
keep cattle, goats, poultry, sheep,
or swine, may be subject to the requirements of Winnebago County Ch. 13. (LWMO) • Kennels. • Open space areas. • Park trailers. • Private garages. • Single family residences. • Undeveloped natural resource areas. • Other uses that are authorized or required
to be located in a specific place by state or
federal law. |
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Conditional Uses • Agricultural related uses. • Airports,
air strips, and landing fields. • Bulk storage of
agricultural products, cooperatives, feed mills, fertilizer plants, and fuel
used for agricultural purposes. • Camps
and campgrounds. • Commercial
riding stables. • Community
uses. • Directional
signs. • Farm
implement sales and service. • Fruit
and vegetable processing plants. • Infrastructure that
is compatible with the district, including agricultural aeronautic
facilities; communication uses, such as antennae, broadcast towers, cell
towers, and transmission lines; drainage facilities; electrical transmission lines; gas, oil, and
other pipelines; large wind energy systems; rail facilities; roads;
solar energy facilities; and
transportation uses. • Junk yards, salvage
yards, or other facilities for the baling, handling, processing, reclamation,
recycling, remanufacture, sale, salvage, or storage of junk or other second-hand or used materials. • Landscape
businesses. • Nonmetallic
mining. • Public
garages. • Public
uses. • Recreation
vehicle parks. • Sawmills. • Utilities. • Vacation home rentals. |
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Yard
Requirements •
Minimum lot size 20
acres, exclusive of road right-of-way. •
Minimum 150' lot
width. • 25' property line
setback for principal and conditional use structures. •
10' property line
setback for accessory structures. •
60' maximum height
for buildings except farm structures
not used for human habitation Accessory Uses •
Agricultural accessory uses. •
Home occupations. •
Hunting shacks or warming shacks
with no water or sewage facilities. •
On-premise business signs of up to 32 square feet for allowable
uses. •
Other accessory structures and
uses that are incidental to the principal use, provided that the structure or
use does not include any activity commonly conducted as a business. •
Roadside stand, one, which must be
placed outside the right-of-way. •
Small wind energy systems. •
Trade or contractor storage. |
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LER |
Large Estate Residential |
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Large
Estate Residential (LER) |
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The
purpose of the Large Estate Residential (LER)
district is to provide areas for single-family residential and planned
residential developments on large lots while allowing for agricultural
activity in mostly rural areas of the town. The low-density requirements are
intended to provide for areas where the presence of vegetation and open space
helps create quiet and visually attractive residential areas. |
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Principal Uses • Single-family
residences. • Agricultural uses,
such as a garden, greenhouse, nursery, and usual farm buildings, subject to
the following restrictions: 1.
A
building in which animals are kept must be at least 25 feet from any
adjoining lot line. 2.
No
more than 1 animal unit of farm livestock and no more than 5 household
livestock animals are allowed per acre within confined area. 3.
The
storage or use of manure or any odor or dust-producing substance is
prohibited within 25 feet of any adjoining lot line. 4.
A
greenhouse heating plant must be at least 25 feet from any adjoining lot
line. • Community living
arrangements with a capacity for 8 or fewer persons and foster homes, subject
to the provisions set forth in Wis. Stat. § 60.63. • Essential services. |
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Accessory Uses • Contractor or trade
storage. • Home occupations. • Private garages. • Roadside stand, one,
which must be placed outside the right-of- way. • Small wind energy
systems. • Solar energy
systems. • Other accessory
structures and uses that are incidental to the principal use, provided that
the structure or use does not include any activity commonly conducted as a
business. Conditional
Uses • Community living
arrangements with a capacity of 9 or more persons, subject to the provisions
set forth in Wis. Stat. § 60.63. • Community uses. • Day care. • Kennels. • Infrastructure that
is compatible with the district, including agricultural aeronautic
facilities; communication uses, such as antennae, broadcast towers, cell
towers, and transmission lines; drainage facilities; electrical transmission
lines; gas, oil, and other pipelines; large wind energy systems; rail
facilities; roads; solar energy facilities; and transportation uses. • Utilities. • Vacation
home rentals. |
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Yard
Requirements •
Minimum
lot size 5 acres, exclusive of road right-of-way. •
Minimum
150 ft. lot width. •
25
ft. property line setback for principal and conditional use structures. •
10
ft. property line setback for accessory structures. •
35
ft. maximum height, unless a different maximum
height is permitted. |
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SER |
Small Estate Residential |
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Small
Estate Residential (SER) |
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The
purpose of the Small Estate Residential (SER) district is to provide areas
for mixed residential and agricultural activity in mostly rural areas of the
town. This district provides for residential development at modest densities
consistent with a generally rural environment; provides for specific nonresidential
uses that require relatively large land areas and that are compatible with
the surrounding residential uses; and still allows for some agricultural
uses. |
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|
Principal Uses • Single-family residences. • Community living arrangements with a capacity
for 8 or fewer persons and foster homes, subject to the provisions set forth
in Wis. Stat. § 60.63. • Essential services. • Agricultural uses, such as a garden,
greenhouse, nursery, and usual farm buildings, subject to the following
restrictions: 1.
A
building in which animals are kept must be at least 25 feet from any
adjoining lot line. 2.
No
more than 1 animal unit of farm livestock and no more than 5 household
livestock animals are allowed per acre within confined area. 3.
The
storage or use of manure or any odor or dust-producing substance is
prohibited within 25 feet of any adjoining lot line. 4.
A
greenhouse heating plant must be at least 25 feet from any adjoining lot
line. Accessory Uses • Contractor or trade storage. • Home occupations. • Private garages. • Roadside stand, one, which must be placed
outside the right-of- way. • Small wind energy systems. • Solar energy systems. • Other accessory structures and uses that
are incidental to the principal use, provided that the structure or use does
not include any activity commonly conducted as a business. Conditional
Uses • Community living arrangements with a
capacity of 9 or more persons, subject to the provisions set forth in Wis.
Stat. § 60.63. • Community uses. • Kennels. • Utilities. • Vacation home
rentals. |
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Yard
Requirements •
Minimum
lot size 2 acres, exclusive of road right-of-way. •
Minimum
150 ft. lot width. •
25
ft. property line setback for principal and conditional use structures. •
10
ft. property line setback for accessory structures. •
35
ft. maximum height, unless a different maximum
height is permitted. |
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RR |
Rural Residential |
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Rural
Residential (RR) |
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The
purpose of the Rural Residential (RR) district is to provide areas for mixed
residential and low-impact non-residential development on relatively small
lots. |
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|
Principal Uses • Single-family residences. • Community living arrangements with a
capacity for 8 or fewer persons and foster homes, subject to the provisions set
forth in Wis. Stat. § 60.63. • Essential services. • Agricultural uses, such as a garden,
greenhouse, nursery, and usual farm buildings, subject to the following
restrictions: 1.
A
building in which animals are kept must be at least 25 feet from any
adjoining lot line. 2.
No
more than 1 animal unit of farm livestock and no more than 5 household
livestock animals are allowed per acre within confined area. 3.
The
storage or use of manure or any odor or dust-producing substance is
prohibited within 25 feet of any adjoining lot line. 4.
A
greenhouse heating plant must be at least 25 feet from any adjoining lot
line. Accessory Uses • Contractor or trade storage. • Home occupations. • Private garages. • Roadside stand, one, which must be placed
outside the right-of- way. • Small wind energy systems. • Solar energy systems. • Other accessory structures and uses that
are incidental to the principal use, provided that the structure or use does
not include any activity commonly conducted as a business. Conditional
Uses • Cemeteries. • Community living arrangements with a
capacity of 9 or more persons, subject to the provisions set forth in Wis.
Stat. § 60.63. • Community uses. • Day care. • Kennels. • Mini-warehouses. • Two-family residences. • Utilities. • Vacation home rentals. • Veterinary clinics. • Other small
businesses not specifically listed, but which are deemed by the planning and
zoning committee or Town Board to be similar to
those listed. |
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Yard
Requirements •
Minimum
lot size 1 acre, exclusive of road right-of-way. •
Minimum
150 ft. lot width. •
25
ft. property line setback for principal and conditional use structures. •
10
ft. property line setback for accessory structures. •
35
ft. maximum height, unless a different maximum
height is permitted. |
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|
HDR |
High Density Residential |
|
High
Density Residential
(HDR) |
||
The
purpose of the High Density Residential (HDR)
district is to provide areas for a variety of residential uses, including
single-family residential development at fairly high
densities and multiple occupancy developments. This district will be located in areas with an existing mixture of residential
types, certain regions that are served by public sewer, and other locations
where high-density residential developments are appropriate. |
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|
Principal Uses • Single-family
residences. • Community
living arrangements with a capacity for 8 or fewer persons and foster homes,
subject to the provisions set forth in Wis. Stat. § 60.63. • Community
living arrangements with a capacity for 9 to 15 persons, subject to the
limitations set forth in Wis. Stat. § 60.63. • Essential
services. • Manufactured
home parks. • Multi-family
dwellings. Accessory Uses • Home
occupations. • Private
garages. • Roadside
stand, one, which must be placed outside the right-of- way. • Small
wind energy systems. • Solar
energy systems. • Other
accessory structures and uses that are incidental to the principal use,
provided that the structure or use does not include any activity commonly
conducted as a business. Conditional
Uses • Community
living arrangements with a capacity of 16 or more persons, subject to the
provisions set forth in Wis. Stat. § 60.63. • Community
uses. • Day
care. • Utilities. • Vacation
home rentals. |
|
Yard
Requirements •
Minimum lot size 21,780
ft.2 (1/2 acre), exclusive of road right-of-way. •
Minimum 100 ft. lot
width. •
7.5 ft. property
line setback for principal and conditional use structures. •
5 ft. property line
setback for accessory structures. •
35 ft. maximum height, unless a different maximum height is permitted. |
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CB |
Commercial/Business |
|
Commercial/Business
(CB) |
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The
purpose of the Commercial/Business (CB) district is to provide areas for
mixed residential and commercial use.
It will encompass areas that already have this mixed use, as well as
those areas where expansion of this mixed use is desired. It will typically be located within or near
existing communities, but may also be used in
outlying areas and to facilitate small development nodes. |
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|
• Business and professional offices and
services. • Cabinet making and woodworking. • Car washes. • Commercial storage. • Community uses. • Contractor or trade storage. • Dairies and dairy-processing businesses,
such as cheese factories. • Essential services. • Farm equipment and implement sales. • Food lockers. • Fruit and vegetable stands. • Funeral homes and crematoriums. • Furniture repair, sales, and upholstery. • Gas stations and convenience stores. • Hotels. • Manufactured home sales and service. • Mini-warehouses. • Motels. • Parking areas and ramps. • Printing and duplicating shops. • Private clubs and lodges, except adult
entertainment establishments. • Public uses. • Restaurants. • Self-service laundromats. • Signs and billboards. • Single-family residences. • Small wind energy systems. • Stores for conducting retail, service, or
wholesale business. • Taverns. • Theaters, except outdoor theaters. • Trailer and truck rentals. • Vehicle and equipment sales, service, and
showrooms. • Utilities. Conditional
Uses • Adult entertainment establishments,
subject to any applicable provisions contained in Part 5. • Auto salvage yards. • Banquet and dance halls. • Drive-in theaters. • Outdoor amusement centers. • Race
tracks. • Shopping centers. • Sports arenas. • Telecommunication
towers. • Transportation
terminals. • Truck stops. • Water parks. |
|
Yard
Requirements •
Minimum
lot size 10,000 ft.2, exclusive of road ROW. •
Minimum
100 ft. lot width. •
7.5
ft. property line setback for principal and conditional use structures. •
5
ft. property line setback for accessory structures. •
60
ft. maximum height, unless a different maximum
height is permitted. Accessory
Uses • Roadside stand, one, which must be placed
outside the right-of- way. Principal Uses • Activity and recreation centers. • Auto, truck, trailer, and other equipment
sales and rentals. • Bowling alleys. • Building, electrical, heating, lumber,
and plumbing supply yards. • Bulk storage of agricultural products,
cooperatives, feed mills, and fertilizer plants. |
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ID |
Industrial |
|
The
purpose of the Industrial (ID) district is to provide areas for
manufacturing, warehousing, and other light industrial operations. It may also be used for commercial storage
facilities, contractor and trade establishments, and similar businesses. However, such use may not be detrimental to
the surrounding area or to the town as a whole because of dust, groundwater
degradation, noise, odor, physical appearance, smoke, traffic, or other
nuisance factors. |
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|
• Fabricated metal, wood, or plastic
products, except machinery and transportation equipment. • Food and kindred products. • Furniture and fixtures. • Garages for the repair, sales, service,
or storage of automobiles, tractors, trucks, and accessory equipment. • Infrastructure
that is compatible with the district, including agricultural aeronautic
facilities; communication uses, such as antennae, broadcast towers, cell
towers, and transmission lines; drainage facilities; electrical transmission
lines; gas, oil, and other pipelines; large wind energy systems; rail
facilities; roads; solar energy facilities; and transportation uses. • Laboratories and research and development
facilities. • Nonmetallic minerals mining. • Printing, publishing, and allied
products. • Public uses. • Radio and television offices, towers, and
transmission facilities. • Research facilities. • Secondhand household equipment, store
fixtures, and office furniture sales, storage, and reconditioning. • Sign painting studio. • Signs identifying
the name and business of the occupant of premises. • Small wind energy
systems. • Substations for
electrical power and light. • Utilities. • Warehousing. • Other uses not
specifically listed, but which are deemed by the planning and zoning
committee or Town Board to be similar to the uses
listed above. Conditional Uses • Chemical and allied
products production or storage facilities. • Community Uses. • Dwelling units for
caretakers or guards. • Foundries. • Incinerators. • Junk yards, salvage
yards, or other facilities for the baling, handling, processing, reclamation,
recycling, remanufacture, sale, salvage, storage of junk or other second-hand
or used materials. • Leather and leather
products. • Lumber and wood
products. • Paper and allied
products. • Petroleum and other
inflammable liquid bulk production, refining, or storage facilities. • Plastic
products. • Quarries
and gravel, sand, or stone crushing, grading, milling, mining, and washing
operations. • Rubber
products. • Textile
mills and textile products. • Machinery
manufacturing. • Mini-warehouses. • Transportation
equipment and parts. • Truck
distribution, dispatching, loading, and transfer depots. • Solid
waste facilities and transfer stations. |
|
Yard Requirements •
Minimum lot size 1
acre, exclusive of road ROW. •
Minimum 150 ft. lot
width. •
25 ft. property line
setback for principal and conditional use structures. •
10 ft. property line
setback for accessory structures. •
60 ft. maximum height, unless a different maximum height is permitted. Accessory Uses • Accessory
structures and uses incidental to the principal use or to a permitted
conditional use are allowed in the ID district. • Roadside stand,
one, which must be placed outside the right-of- way. Principal Uses • Agricultural
implement and equipment manufacture, sales, and service. • Analyzing,
controlling, measuring, and recording instruments, including clocks; medical,
optical, and photographic equipment; and watches. • Apparel and other
finished products made from fabrics and similar materials. • Billboard manufacture. • Clay, concrete, glass, and stone
products. • Coating, engraving, and allied services. • Computers and office equipment. • Contractor or construction shops,
including air conditioning, building, cement, electrical, heating,
refrigeration, masonry, painting, plumbing, roofing, and ventilation. • Electrical and electronic equipment and
machinery. • Essential services. |
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CHAPTER 1 APPENDIX B (back to top)