General location of zoning district boundaries.

Zoning district boundary lines on unsubdivided property. In unsubdivided property, the location of the zoning district boundary lines shown on the Official Zoning Map shall be determined by the use of the scale on such map or shall be in accordance with the dimensions shown on the map measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter-section, or division lines, or center lines of streets, highways, or railroad rights-of-way, unless otherwise indicated.

District intent. The R-1 District is intended to permit residential development at intensities that are consistent with the maintenance of a rural countryside character and lifestyle. It serves as a transitional district between the farmland areas and the countryside, estate, and suburban intensity areas of the Town. It is the most rural of the residential planned land use districts. It is intended to be served by on-site soil absorption sewage disposal systems (individual systems for conventional subdivisions and group systems for cluster/open space subdivisions or open space condominiums) and private wells.

District standards. The R-1 District is further intended to have the development standards as set forth in Table 1A at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-2 District is intended to permit residential development at intensities that are consistent with the maintenance of a countryside character and lifestyle. It serves as a transitional district between the more rural areas, or rural countryside and farmland areas, and the more estate and suburban intensity areas of the Town. It is intended to be served by on-site soil absorption sewage disposal systems (individual systems for conventional subdivisions and group systems for cluster/open space subdivisions or open space condominiums) and private wells.

District standards. The R-2 District is further intended to have the development standards as set forth in Table 1B at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-3 District is intended to provide for estate-type housing on very large lots. It preserves and enhances the estate character of the district and surrounding areas and the attractiveness associated with such areas. The R-3 District may also be used as a transitional district located between residential districts of higher and lower intensity levels such as the R-2 and R-4 Districts. It is intended to be served by on-site soil absorption sewage disposal systems (individual systems for conventional subdivisions and group systems for cluster/open space subdivisions or open space condominiums) and private wells.

District standards. The R-3 District is further intended to have the development standards as set forth in Table 1C at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-4 District is intended to provide for suburban estate-type housing on large lots. It preserves and enhances the suburban estate character of the district and surrounding areas and the attractiveness associated with such areas. The R-4 District may also be used as a transitional district located between residential districts of higher and lower intensity levels such as the R-3 and R-5 Districts. It is intended to be served by on-site soil absorption sewage disposal systems (individual systems for conventional subdivisions and group systems for cluster/open space subdivisions or open space condominiums) and private wells.

District standards. The R-4 District is further intended to have the development standards as set forth in Table 1D at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-5 District is intended to provide for a suburban residential development character in cluster/open space subdivisions or open space condominiums only. The R-5 District may also be used as a transitional district located between residential districts of higher and lower intensity levels such as the R-4 and R-6 Districts. It is intended to be served by on-site soil absorption sewage disposal systems (group systems) and private wells.

District standards. The R-5 District is further intended to have the development standards as set forth in Table 1E at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-6 District is intended to serve as a transitional residential district in cluster/open space subdivisions or open space condominiums only between areas of a lesser land use intensity and those of a higher land use intensity, such as between the urban areas of adjacent municipalities and the suburban and rural areas of the Town of Barton. It provides for the continuation of rural and suburban open space while, at the same time, allowing for the clustering and compact development of residential lots. The R-6 District may also be used as a transitional district between the less dense R-5 District and other higher density residential districts. It is intended to be served by on-site soil absorption sewage disposal systems (group systems) and private wells.

District standards. The R-6 District is further intended to have the development standards as set forth in Table 1F at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-7 District is the most dense of the single-family residential district types. It is intended to provide for the continuation of higher density, urban-type, single-family dwelling lots in areas of the Town of Barton. This district may also serve as a transitional district between areas of a lesser land use intensity and those of a higher land use intensity, such as between the urban areas of adjacent municipalities and the suburban and rural areas of the Town of Barton. It permits urban-type, single-family residential development in a manner consistent with the provision of a high-quality urban community character. Areas of open space may also be provided in this district in the amounts prescribed to maintain this character through the various cluster/open space subdivision or open space condominium options. The R-7 District may be used as a transitional district between the less dense residential districts and other higher density residential districts. This district may be served by either public sanitary sewer facilities (in either conventional or cluster/open space subdivisions or open space condominiums) or by on-site soil absorption sewage disposal systems (group systems for cluster/open space subdivisions not served by public sanitary sewer) and private wells.

District standards. The R-7 District is further intended to have the development standards as set forth in Tables 1G and 1H at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-8 District is intended to be used exclusively in existing residential subdivisions (minor and major including certified survey maps) located in the existing hamlets of the Town of Barton, such as Young America, as well as in the various waterfront areas of the Town. The R-8 District is not intended to be expanded into areas not already subdivided. The R-8 District is designed to minimize nonconforming and substandard lot sizes, as such lots would become if placed under more rural- or suburban-oriented land use (and ultimately zoning) classifications. The number of existing substandard lots is to be limited through the combination of abutting substandard lots into a single lot under the same ownership. This district also provides for the minor infilling of vacant or redevelopment areas consistent with this district and the established character of the neighborhood as defined by earlier approved subdivisions and certified survey maps. The district may be served by either public sanitary sewer facilities or by on-site soil absorption sewage disposal systems and private wells.

District standards. The R-8 District is further intended to have the development standards as set forth in Table 1I at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-9 District is the least dense of the two multifamily residential district types. The R-9 District is intended to permit medium-density, urban-type, multiple-family residential development at planned locations in a manner consistent with the provision of a high-quality, urban, community character. Areas of open space may also be provided to maintain this character. This district may be served by either public sanitary sewer facilities (in either conventional or cluster/open space options) or by on-site soil absorption sewage disposal systems (group systems for cluster/open space options not served by public sanitary sewer) and private wells. This district may serve as a transitional district between areas of a lesser land use intensity and those of a higher land use intensity, such as between the urban areas of adjacent municipalities and the suburban and rural areas of the Town of Barton. It may also be used as a transitional district between the R-8 and the R-10 Districts, the R-7 and R-10 Districts, and the R-6 and R-10 Districts.

District standards. The R-9 District is further intended to have the development standards as set forth in Table 1J at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The R-10 District is the most dense of the residential district types. The R-10 District is intended to permit high-density, urban-type, multifamily residential development in a manner consistent with the provision of a high-quality, urban character within a suburban setting. Areas of open space may also be provided to maintain this character. This district may be served by either public sanitary sewer facilities (in either conventional or cluster/open space subdivisions or open space condominiums) or by on-site soil absorption sewage disposal systems (group systems for cluster/open space subdivisions or open space condominiums not served by public sanitary sewer) and private wells. This district may serve as a transitional district between areas of a lesser land use intensity and those of a higher land use intensity, such as between the urban areas of adjacent municipalities and the urban, suburban, and rural areas of the Town of Barton. It may be used as a transitional district between the less dense R-9 District and other higher intensity commercial or institutional use districts with the provision of adequate landscape buffer yards.

District standards. The R-10 District is further intended to have the development standards as set forth in Tables 1K and 1L at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See § 500-66, Article X, § 500-72, and § 500-75 of this chapter.

District intent. The NHB Neighborhood and Hamlet Business District is established for the convenience of persons residing in nearby residential areas. The NHB District is limited to accommodating the basic day-to-day shopping and service needs of the residents living in the adjacent areas. It provides for an arrangement of retail trade establishments that are compatible in function and operation. Buildings constructed in the NHB District could be clustered on parcels of land under individual or multiple ownership. The NHB District may also be used in the hamlet of Young America. The requirements of the NHB District are further established to maintain the historic hamlet characteristics of Young America. The NHB District is designed to prevent land and structures in the aforementioned Young America hamlet from becoming nonconforming as they would if placed under different, more suburban-oriented, land use or zoning classifications. It also provides for the minor infilling of vacant or redevelopment areas within the Young America hamlet consistent with this planned land use district and the established character of Young America. The NHB District is further intended to permit future nonresidential development and redevelopment of the Young America hamlet consistent with earlier approved subdivisions and certified survey maps.

District standards. The NHB District is further intended to have the development standards as set forth in Table 2A at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The CB Community Business District is intended to accommodate the needs of a much larger consumer population than served by the NHB District. It provides for relatively large groupings of two or more compatible retail sales and customer service establishments in a community-serving shopping area. Business establishments in the CB District have on-site parking for customer automobiles combined with a pedestrian-oriented shopping environment. Buildings could be clustered on parcels of land under individual or multiple ownership. In addition, all property in the CB District shall abut a United States, state trunk, or county trunk designated highway.

District standards. The CB District is further intended to have the development standards as set forth in Table 2B at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The FB Freeway Interchange Business District is intended to accommodate business establishments and property located at the U.S. 45 and CTH D freeway interchange in the Town of Barton. The FB District is further established to accommodate a wide range of retail business and complementary uses to serve a trade area reaching out several miles or more and embracing a large segment of an urban, suburban, and rural region, including areas located outside of the Town of Barton and the West Bend area, as well as areas located outside of Washington County. Business establishments have on-site parking for customer automobiles. Buildings may be clustered on parcels of land under individual or multiple ownership.

District standards. The FB District is further intended to have the development standards as set forth in Table 2C at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The LM Limited Manufacturing District is intended to provide for manufacturing, industrial, warehousing, and uses of a limited nature and size in locations where the relative proximity to other uses requires more restrictive regulation. It may be used to accommodate existing scattered uses of an industrial nature so as not to make them nonconforming uses. The LM District is not intended to accommodate business parks under unified design and ownership which would be best accommodated under the BP Business Park District. The character of the LM District is suburban.

District standards. The LM District is further intended to have the development standards as set forth in Table 2D at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The BP Business Park District is intended to provide for the development of the attractive grouping of office, manufacturing, industrial development, and limited ancillary service uses which serve the needs of the occupants of this district. Uses are of a limited intensity and provide an aesthetically pleasing environment. The BP District provides for ample off-street parking and loading areas and landscape planting and screening of adjacent uses of a lower intensity. The BP District is further intended to be applied to areas of the Town of Barton identified for business park development by the Town of Barton Land Use Plan. It is to accommodate industrial or business parks which are under unified design and ownership and which exceed 20 acres in area.

District standards. The BP District is further intended to have the development standards as set forth in Table 2E at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The QE Quarrying and Extractive District is intended to provide for the conduct of existing quarries or other mineral extractive and related operations. The QE District also provides for the restoration of quarries and extractive areas in a manner which will not deteriorate the natural environment. Although the operations which take place within the QE District can have a relatively high intensity with respect to trucking and blasting, due to the open space nature of its uses, it has an overall rural character.

District standards. The QE District is further intended to have the development standards as set forth in Table 2F at the end of this chapter. Also see the design standards set forth in Article X of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The I Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated planned land use districts, areas which are under public or public-related ownership and where the use for public, or quasi-public, purposes is anticipated to be permanent. The I District is intended to accommodate governmental uses, schools, churches, etc. The character of this district is suburban.

District standards. The I District is further intended to have the development standards as set forth in Table 2G at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The PR Park and Recreational District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent land uses and other adjacent zoning districts.

District standards. This PR District is further intended to have the development standards as set forth in Table 2H at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The EA Exclusive Agricultural Preservation District is intended to provide for, maintain, preserve, and enhance agricultural lands historically utilized for food production and/or the raising of livestock. The EA District is further intent upon preventing the premature conversion of agricultural land to scattered urban and suburban uses such as residential, commercial, and industrial uses. The lands placed in the EA District are limited to those lands identified as primary farmlands on the adopted Washington County Farmland Preservation Plan, as amended. The EA District is further intended to retain the rural character of Town areas in which it is used.

District standards. The EA District is further intended to have the standards as set forth in Table 2I at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The AT Agricultural Transition District is intended to preserve existing agricultural uses for the intermediate term until an orderly transition to another planned district and use is approved by the Town Board. For this purpose, use of lands in the AT District should be reviewed at least once every five years, or more often when lands are proposed to be developed for urban and/or suburban uses in conformance with the Town-adopted Comprehensive Plan, or component thereof. Land included in the AT District should be those lands which are planned under the Town-adopted Comprehensive Plan, or component thereof, for nonagricultural land uses and where nonagricultural use is expected to occur during the Town-adopted Comprehensive Plan, or component thereof, planning period.

District standards. The AT District is further intended to have the standards as set forth in Table 2J at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. The GA General Agricultural District is intended to provide for, maintain, preserve, and enhance agricultural lands historically utilized for crop production but which are not included within the EA Exclusive Agricultural Preservation District and which are generally best suited for smaller farm units, including truck farming, horse farming, hobby farming, orchards, and other similar agricultural-related activity. The overall intent of the GA District is to retain the rural character of areas of the Town of Barton in which the GA District is used. The GA District may also be used as a transitional district between the EA Exclusive Agricultural Preservation District and the R-1 and R-2 Residential Districts.

District standards. The GA District is further intended to have the standards as set forth in Table 2K at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses. See §§ 500-67, 500-68, 500-69 and 500-70, Article X, § 500-73, and Article XI.

District intent. This district is designed to provide for, maintain, preserve, and enhance small area agricultural lands historically utilized for crop production but which are not included within the EA Exclusive Agricultural Preservation District or GA General Agricultural District and which are generally best suited for smaller farm units, including horse farming, hobby farming, orchards, and other similar small-scale agricultural-related activity. The overall intent of the HFA District is to retain the rural character of areas of the Town of Barton in which the HFA District is used. The HFA District residential development intensities are consistent with the maintenance of a rural countryside character and lifestyle. The HFA District serves as a transitional district between the more intensive farmland areas (such as the EA Exclusive Agricultural Preservation District or GA General Agricultural District areas) and the countryside, estate, and suburban intensity residential areas of the Town. The HFA District is further intended to be used for parcels of land which directly abut either the EA Exclusive Agricultural Preservation District or GA General Agricultural District areas. The HFA District is intended to be served by on-site soil absorption sewage disposal systems. The HFA District areas shall not be located contiguous to the incorporated City of West Bend and are typically located somewhat distant from the boundaries of the incorporated City of West Bend. The HFA District is not mapped on the Town Land Use Plan but may be used in the General Agricultural (GA), Rural Countryside Single-Family Residential (R-1), and Countryside Single-Family Residential (R-2) land use districts on Maps 22 through 25 of the adopted "Comprehensive Plan for the Town of Barton: 2035," dated April 2008 (as amended), provided that all standards of the HFA District are met. The HFA District is considered an agricultural district.

District standards. The HFA District is further intended to have the standards as set forth in Table 2L at the end of this chapter. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Permitted, accessory, and special uses.

General intent. The PUD Planned Unit Development Districts are intended to be created, pursuant to § 62.23(7)(b), Wis. Stats., as amended, to foster developments that will derive maximum benefit from coordinated area site planning, diversified location of structures, and mixed compatible uses that result in the provision of a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and community facilities, and ensure adequate standards of construction and planning. The unified and planned development of a site, in single or corporate ownership or control at the time of application, may be permitted in a PUD Planned Unit Development District with one or more principal uses or structures and related accessory uses and structures. The regulations within a PUD Planned Unit Development District need not be uniform throughout the individual PUD District, except for those types of intensity standards set forth herein.

Open space, land use intensity, and residential density intent. All PUD Planned Unit Development Districts shall set forth their land use intensity, including, where applicable, the open space ratio (OSR), maximum gross residential density, maximum net residential density, maximum floor area ratio (GFAR and NFAR), and minimum landscape surface ratio (LSR). These shall be established on an individual PUD District basis in order to ensure the intensity of development on the site does not exceed the maximum permitted intensity standards allowed within a PUD District. PUD Districts may be permitted by the Town if the owner or his agent can prove to the Town of Barton that the resulting PUD District will achieve a better design, identical or lesser intensity land uses (in terms of dwelling units, land use type, or GFAR and NFAR), and identical or greater OSR than that which is indicated on the current adopted Town of Barton Zoning Map.

Natural resources features protection intent. While the PUD District is intended to be flexible in its application, it is not the intent of the PUD Districts to be used to alter or amend any of the prescribed natural resource base protection standards advanced by this chapter.

Minimum area requirements. In order to be approved under the provisions of this article, proposed PUD Planned Unit Development Districts shall include the minimum area as set forth in Table 500-58A.

Natural resource features protection standards. All development in a PUD Planned Unit Development District shall meet the natural resource protection standards set forth in Article XV of this chapter.

Maximum site intensity and density standards. Site intensity and capacity calculations shall be performed pursuant to the requirements of Article VIII of this chapter. Maximum site intensity and density standards in the PUD Planned Unit Development District shall not exceed those set forth in Table 500-58C. Individual uses and structures in a PUD Planned Unit Development District shall comply with the specific use, building location, height, building size, gross and net floor area ratios (GFAR and NFAR), lot size, open space ratio (OSR), and landscape surface ratio (LSR) requirements as set forth by the Plan Commission as conditions and restrictions of approval.

Minimum required setbacks from the ultimate rights-of-way of arterial streets and highways. See § 500-115 for increased setback requirements along the ultimate rights-of-way of arterial streets and highways.

On-site sewage disposal systems. Those developments served by on-site sewage disposal systems must meet all requirements set forth under § 500-14 of this chapter.

Recognition of natural resource features. This chapter recognizes that landforms, parcel size and shape, and natural resource features vary from site to site, and that development regulations must take into account these variations. The maximum density or intensity of use allowed in any zoning district is controlled by the various district standards set forth for each of the various zoning districts of this chapter.

When site intensity and capacity calculations are required. The site intensity and capacity calculations set forth in this article shall be made for each parcel of land to be used or built upon in the Town of Barton, including all new residential developments, all nonresidential development, and as may be required elsewhere in this chapter.

Exclusions (when site intensity and capacity calculations are not required). The site intensity and capacity calculations set forth in this article shall not be required for the construction of single-family and two-family residential development located within existing lots of record, existing platted subdivisions (with an approved final plat), existing approved certified survey maps, and approved condominiums existing at the time of the adoption of this chapter.

Permitted uses in wetland areas (not including shoreland wetlands). The following are permitted as a matter of right:

Special uses in wetland areas (not including shoreland wetlands). The following uses may be allowed by special use permit:

General standards. No special use permit shall be recommended or granted pursuant to this chapter unless the applicant shall establish the following:

Special standards for specified special uses. When the zoning district regulations authorize a special use in a particular zoning district and that special use is indicated as having special standards, as set forth in §§ 500-72 and 500-73 of this article, a special use permit for such use in such zoning district shall not be recommended or granted unless the applicant shall establish compliance with all such special standards.

Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Plan Commission and the Town Board shall consider the following:

Conditions on special use permits. The Plan Commission may recommend, and the Town Board may impose, such conditions and limitations concerning use, construction, character, location, landscaping, maintenance, screening, operation, hours of operation, and other matters relating to the purposes and objectives of this chapter upon the premises benefited by the issuance of a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property, upon such public facilities and services, protection of the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the ordinance granting the special use permit, and the Town Board may require the unconditional consent of the applicant to such conditions. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the special use permit.

Affidavit of compliance with conditions. In all cases in which special uses are granted, the Town Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with. Whenever any special use permit granted pursuant to this chapter is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Zoning Administrator so stating.

Effect of issuance of a special use permit. The grant of a special use permit shall not authorize the establishment or extension of any such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances and codes of the Town of Barton, including but not limited to building permit, zoning permit, land division approval, site plan approval, or other type of permit or approval.

Limitations on special use permits.

Amendments to special use permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for its original approval.

Open space subdivisions and open space condominiums. The following specific requirements and standards shall apply to all permitted use and special use open space subdivision and open space condominium options in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-9, and R-10 Districts:

Kennels, private. Private kennels shall meet the following requirements:

Stables, private. The following specific standards shall be used in the R-1, R-2, R-3, R-4, and PUD Districts:

Application requirements and standards for special use accessory buildings and structures in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, and R-10 Districts. The following are application requirements and other standards for special use accessory buildings and structures located on a lot or parcel in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, and R-10 Districts:

Amusement parks. The following standards shall apply to all amusement parks:

Animal hospitals and veterinary clinics. Animal hospitals and veterinary clinics shall meet the following requirements:

Apartment, commercial. Commercial apartments shall meet the following requirements:

Boardinghouse. Boardinghouses shall meet the following requirements:

Bus terminals. Bus terminals shall meet the following requirements:

Campgrounds, travel and recreational vehicle trailer parks, and tents.

Cemeteries, human. Cemeteries for humans shall meet the following requirements:

Special standards for wireless communications towers, antennas, and associated accessory structures and facilities (including SIC No. 4812, "Radiotelephone Communications").

Convenience stores. Convenience stores shall meet the following requirements:

Firing range, small arms. Firing ranges for small arms shall meet the following requirements:

Gas stations (including gas stations with automotive repair facilities, and automotive repair facilities). Gas stations, gas stations with automotive repair facilities, and automotive repair facilities shall meet the following requirements:

Golf driving ranges. Golf driving ranges shall meet the following requirements:

Heliports. Heliports shall meet the following requirements:

Helistops. Helistops shall meet the following requirements:

Kennels, commercial. Commercial kennels shall meet the following requirements:

Mini warehouses. Mini warehouse facilities shall meet the following requirements:

Outdoor nursery and garden sales. Outdoor nursery and garden sales shall meet the following requirements:

Power-generation facilities. Power-generation facilities shall meet the following requirements:

Quarrying and extraction uses. The following shall be considered extraction uses: sand, clay, dolomite, shale, gravel, topsoil, or similar extractive operations, including borrow pits (excavations for removing material for filling operations). When applying for a change of zoning, the applicant shall provide the following plans and information in addition to what is otherwise required for a special use permit:

Radio and television transmitting and receiving facilities. Radio and television transmitting and receiving facilities shall meet the following requirements:

Stables, public. Public stables shall meet the following requirements:

Accessory uses. Accessory uses and structures are permitted in any zoning district but not until the principal structure is present or under construction on the lot or parcel. Residential accessory uses shall not involve the conduct of any business, trade, or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening; servants, owners, itinerant agricultural laborers, and watchmen's temporary quarters, not for rent; decks; private swimming pools; and private emergency shelters.

Location. No part of an accessory building shall be located within the front yard or required side yard setback or rear yard setback, except:[1]

Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

Height of accessory buildings or structures in required rear yards. No accessory building or structure, or portion thereof, located in a required rear yard shall exceed the maximum permitted height of the zoning district in which the accessory building or structure is located.

No slab required for accessory buildings of 200 square feet or less in area. Accessory buildings of 200 square feet or less in area (excluding trash and garbage waste receptacles, or dumpsters, in the R-9, R-10, PUD, and all nonresidential zoning districts) shall not require a concrete slab foundation. If a concrete slab foundation is not provided for such accessory building, the flooring shall be constructed of decay resistant wood, and the building shall be securely anchored to the ground.

Maximum number of accessory structures per lot. There shall be no limitation on the maximum number of accessory buildings in the EA, AT, GA, and HFA Districts. The maximum number of accessory structures per zoning lot in the R-1, R-2, R-3, and R-4 Districts (conventional subdivisions only) shall be four accessory structures per zoning lot. The maximum number of accessory structures per zoning lot in the R-1 (open space subdivision and open space condominium options only), R-2 (open space subdivision and open space condominium options only), R-3 (open space subdivision and open space condominium options only), and R-4 (open space subdivision and open space condominium options only) Districts shall be three accessory structures per zoning lot. The maximum number of accessory structures per zoning lot in the R-5, R-6, R-7, R-8, and R-9 Districts shall be two accessory structures per zoning lot. The maximum number of accessory structures per zoning lot in the R-10, NHB, CB, FB, BP, QE, I, PR, LM and PUD Districts shall be determined by the Plan Commission at the time of site plan review. (Also see § 500-20, regarding the maximum number of principal buildings on a zoning lot.)

Automobile or motor vehicle repair in residential districts. The repair of a resident-owned automobile or a resident-owned motor vehicle in any residential or agricultural zoning district (automobile or motor vehicle repair is not permitted in the R-9 and R-10 Districts or multiple-family uses and nonresidential uses in a PUD District), is subject to the following restrictions:[1]

Barns, silos, and storage buildings (not including private stables or garages).

Commercial vehicle parking. The parking of commercial vehicles in any residential district is prohibited. This requirement shall not be interpreted to prohibit vehicles from loading and unloading in any residential district.

Decks. Decks shall be located a minimum of 10 feet from side and rear lot lines and 75 feet from all navigable waters, floodplains, and wetlands.

Fences.

Accessory buildings. Accessory buildings not elsewhere defined in this section shall meet the following minimum requirements:

Home occupations and home offices. The following specific standards shall be used for home occupations and home offices located as accessory uses in all residential districts and in the EA, AT, GA and HFA Districts:[2]

Recreational vehicle parking. Any owner of domestic or recreational vehicles or private pleasure crafts may park or store such vehicles on his own private residential property subject to the following conditions:

Residential rental complex offices. One rental office shall be allowed within a residential rental complex. The office may be the rental manager's dwelling. Rental complex offices shall be subject to the following restrictions:

Swimming pools (private). The following requirements shall be met for swimming pools located in residential districts:

Trash dumpsters and garbage receptacles (trash and garbage storage). The following requirements shall be met for trash dumpsters and garbage receptacles located in residential districts:

Agricultural equipment, storage of. The storage of agricultural equipment such as but not limited to tractors, trailers, fertilizer spreaders, wagons, planters, and the like, as a use accessory to a permitted use in the EA, AT, GA, and HFA Districts, shall be subject to the following requirements:

Barns, silos, and storage buildings (not including private stables or garages).

Canopies as accessory uses. The canopies provided over the pump islands at gas stations, convenience stores with gas pumps, automobile and motor vehicle service stations, drive-in and drive-through facilities associated with financial institutions, restaurants, cleaners, and similar uses shall meet the yard requirements of a principal structure. In addition:

Fences.

Mechanical penthouses and mechanical accessory structures. Where mechanical penthouses and mechanical accessory structures are installed, they shall be designed to blend into the building's architecture and shall not cause the building's total height to exceed the maximum height allowed as required under the zoning district dimensional requirements set forth in Articles V and VI of this chapter. A penthouse shall not be counted as a story, provided that:

Open storage, screening of. Open storage areas shall be screened from view of any street and from the view from all residential zoning districts as follows:

Roadside stands for the sale of agricultural products. The following specific standards shall be used:

Stables, private. The following specific standards shall be used in the EA, AT, GA, and HFA Districts:

Trash dumpsters and garbage receptacles (trash and garbage storage). The following requirements shall be met for trash dumpsters and garbage receptacles located in nonresidential districts:

Christmas tree sales lot. The following specific standards shall be used:

Construction trailers as temporary offices.

Garage and yard sales. Garage, yard, tag, patio, and apartment sales are specifically permitted as a temporary use in all residential zoning districts without a zoning permit granted by the Zoning Board of Appeals. Such sales shall be limited to one such sale during each six-month period, for a duration not to exceed three consecutive days.

Model homes, model dwelling units, and preconstruction sales offices. Model homes, model dwelling units, and preconstruction sales offices are residential-type structures used as sales offices by a builder/developer and to display the builder/developer's product. The same may be furnished within, since its purpose is to display to perspective buyers the builder/developer's features (such as exterior siding treatments, roofing materials, interior trim, moldings, floor coverings, etc.) in the environment of a completed home, and may be staffed by the builder/developer's sales force. Model homes shall be subject to the following restrictions:

Temporary concrete batch plants or asphalt or asphalt reprocessing plants (including materials processing and handling) and temporary stone crushers. The following specific standards shall be used:

Temporary roadside stands for the sale of agricultural products. The following specific standards shall be used:

Temporary borrow pits.

Architectural projections. Architectural projections such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys are exempt from the height limitations of this chapter.

Special structures. Special structures such as elevator penthouses, gas tanks, grain elevators, observation towers, and scenery lofts, manufacturing equipment and necessary appurtenances, cooling towers, fire towers, substations, and smokestacks are exempt from the height limitations of this chapter.

Essential services, utilities, water towers, windmills, and electric power and communication transmission lines. Essential services, utilities, water towers, windmills, and electric power and communication transmission lines are exempt from the height limitations of this chapter.[1]

Public or semipublic facilities. Public and semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, and governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

Modification of other ordinances and regulations not permitted under this article. Modifications permitted under this article of this chapter do not modify any requirements of federal, state, or local building codes relating to the elements addressed in this article of this chapter.

Uncovered stairs, landings, and fire escapes. Uncovered stairs, landings, and fire escapes may project into any yard, but not further than six feet and not closer than three feet to any lot line.

Architectural projections. Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projections shall not exceed two feet. [See § 500-16E(1) and (2) of this chapter for exceptions.]

Essential services, utilities, and electric power and communication transmission lines. Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

Landscape buffer yards, landscaping, vegetation, and areas of natural resource features mitigation exempt from yard and setback requirements. Landscape buffer yards, landscaping, vegetation, and natural resource features mitigation areas are exempt from the yard and setback requirements of this chapter. Landscape plantings such as shrubs shall not be permitted in the street right-of-way, unless approved by the Plan Commission.

The lawful nonconforming use of land without buildings or structures; or

The lawful nonconforming use of water; or

The lawful nonconforming use in a conforming building or structure; or

The lawful nonconforming use in a nonconforming building or structure; or

The lawful nonconforming use on a conforming lot; or

The lawful nonconforming use on a nonconforming lot; or

The lawful nonconforming use of land with conforming buildings or structures; or

The lawful nonconforming use of land with nonconforming buildings or structures which existed at the time of the enactment of this chapter or any amendment applicable thereto may be continued although the use does not conform with the provisions of this chapter and Code; however:

A conforming building or structure existing at the time of enactment of this chapter or any amendment applicable thereto may be continued, although the lot does not conform to the requirements of this chapter, as long as all uses on the lands containing the building or structure and all uses of the buildings or structures on the lands are legal conforming uses.

The aforementioned building or structure may be extended, enlarged, substituted, moved, remodeled, modified, or added to as long as any such change conforms with the established setback, offset, height, parking, loading, and access provisions of this chapter or may be totally rebuilt if such reconstruction is identical in size, style, shape and use to the original building or structure.

The legal conforming use of a nonconforming building or structure existing at the time of the adoption or amendment of this chapter, whether on a conforming lot or nonconforming lot, may be continued although the building's or structure's size or location does not conform with the established setback, offset, height, parking, loading or access provisions of this chapter and Code.

The aforementioned building or structure may be extended, enlarged, substituted, moved, remodeled, modified or added to as long as any such change conforms with the established setback, offset, height, open space, parking, loading, and access provisions of this chapter and Code.

Legal nonconforming buildings or structures existing at the time of the adoption or amendment of this chapter with a legal conforming use, whether on a conforming or nonconforming lot, may be moved and, if moved, must conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter and Code.

Notwithstanding Subsections A, B and C, above, repair, maintenance, renovation, remodeling and restoration of such legal nonconforming building or structure can be conducted under circumstances allowed by § 60.61(5e) and (5m), Wis. Stats., in full compliance with statutes. This Subsection D is intended to comply with § 60.61(5e) and (5m), Wis. Stats.

No building or structure shall be erected on a lot of less area or width than hereinafter specified by the regulations of the district in which such building or structure is proposed to be located, except as modified herein.

For the purpose of this chapter, the lot area shall be measured from the base setback line and shall be exclusive of the area between the base setback line and the existing property line ultimately to be included in the street, but may include land zoned wetland-floodplain subject to compliance with this chapter and Code.

Lot width shall be the length of the building setback line, and shall be no less than the district's stated minimum lot width.

No lot area or lot width shall be reduced by any means so as to create a lot of less than the required area or width or so that the existing offsets, setbacks, open space or lot area would be reduced below that required by the regulations for the district in which such lot is located.

Any lot which legally existed prior to enactment of this chapter shall not be made legal solely by the adoption of this chapter.

In the case of an existing substandard legal nonconforming lot of record, such lot may be used for any purpose permitted in such district but not for residential purposes for more than one family; provided, however, that in no case, except as provided in this chapter, shall the setback, offset or open space requirements be reduced except by a grant of a variance.

In the case of an existing substandard legal nonconforming lot of record at the time of the passage of this chapter which does not conform to the zoning regulations of the Town, and which adjoins along a side lot line of property held in the same ownership, whether a conforming legal lot or legal nonconforming lot, neither lot shall be conveyed to another owner nor shall building permits be issued for a building or structure on either lot except in conformity with the following:

Adverse to any of the following:

In conflict with the spirit or intent of the chapter; or

Otherwise detrimental to the community and particularly the surrounding neighborhood.

Smoke and particulate matter. The provisions of Subsection A(1) and (2) below shall not apply in the case of an equipment breakdown which makes compliance not reasonably possible and shall not apply to home fireplaces not used for heating, to barbecues, campfires on legal campgrounds, and to burning incidental to agricultural operations for clearing land, but not for waste disposal.

Toxic and noxious matter. All uses shall conform with the following standards:

Storage or manufacture of materials or products which decompose by detonation not permitted. Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted unless licensed by the Town of Barton. If such activities are permitted by Town of Barton license, such activities shall take place exclusively in the LM District.

Storage, utilization, or manufacture of materials ranging from free to active burning may be permitted with conditions. The storage, utilization, or manufacture of materials ranging from free to active burning, as determined by the Town Board based upon recommendation by the Zoning Administrator and Plan Commission, is permitted in the LM or BP (storage only in the BP District) Districts under the following conditions:

Measurement of glare. Glare illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, utilizing the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. Illumination levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus 5%. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of use.

Glare standards. All uses shall conform to the following minimum standards:

Declaration of public nuisance. Any operation producing intense glare shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.

Location. Any activity producing intense heat shall be conducted within an enclosed building in such a manner as not to raise the temperature of the air beyond the site boundary line.

Increases in humidity in the form of steam or moist air from cooling towers or equipment. Increases in humidity in the form of steam or moist air from cooling towers or equipment shall be controlled so that they do not create an ice hazard. Cooling towers shall be controlled by either reheating the plume or using a closed system.

Declaration of public nuisance. Any operation producing intense heat or humidity shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.

General water quality standards. No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

Minimum state requirements to be met. No activity shall withdraw or discharge any liquid or solid materials so as to exceed, or contribute toward the exceeding of, the minimum standards set forth in Subsection A above and those other standards and the application of those standards set forth in Ch. NR 102, Wis. Adm. Code, as amended.

Measurement of noise. Noise shall be measured using a sound-level meter meeting the standards of the American National Standards Institute's (ANSI S14-1961) "American Standard Specification for General Purpose Sound Level Meters." The instrument shall be set to the A-weighted filter response scale and the meter to the slow response. Measurements shall be conducted in accord with ANSI S1.2-1962, "American Standard Method for the Physical Measurement of Sound." Measurements of sound may be made at any point along a district boundary or site boundary line. In the case of measuring impact sounds, however, the impact sound shall be measured using the fast response of the sound-level meter. Traffic, aircraft, and other background noises must not be considered in measuring noise levels, except when the background noise constitutes a part of the noise being measured.

Exemptions from standards of this section. Noises exempt from the requirements of this section include the following (also see § 500-84):

Maximum permitted sound levels in all zoning districts. At no point either on the boundary of a zoning district or site boundary line shall the sound level of a use exceed the decibel level shown in Table 500-103C for the zoning districts indicated.

Increases to maximum permitted sound levels. The sound levels set forth in Table 500-103C may be exceeded by 10 dBA for a single period, not to exceed 15 dBA in any one day except in the CB, FB, LM, BP, QE, PR, and PUD (business and industrial uses only) Districts.

Impact noises. For impact noises, the sound levels set forth in Table 500-103C may be increased by 10 dBA in the LM and BP Districts.

Creation of excessive noise in noise-sensitive areas prohibited. The creation of, or causing the creation of, any sound within any noise-sensitive area, containing a hospital, nursing home, school, court or other designated area, so as to exceed the specified land use noise standards set forth in this section is prohibited, provided that conspicuous signs are displayed indicating the presence of the noise-sensitive area.

Creation of excessive noise in areas adjacent to noise-sensitive areas prohibited. The creation of, or causing the creation of, any sound adjacent to any noise-sensitive area, containing a hospital, nursing home, school, court or other designated area, so as to exceed the specified land use noise standards set forth in this section and to interfere with the functions of such activity or annoy the occupants in the activity, is prohibited, provided that conspicuous signs are displayed indicating the presence of the noise-sensitive area.

Occasional outdoor activities exempted. The provisions of this section shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events (excluding regularly scheduled school athletic events), provided the events are conducted pursuant to any permits issued by the Town of Barton relative to the event.

Barking of dog(s). The continual barking of dog(s) for one continuous fifteen-minute period during any given twenty-four-hour period shall not be permitted.

Generation of odor. Any use in any district may generate any odor that reaches the odor threshold concentration or does not exceed the lowest amount set forth in Table III, "Odor Thresholds," of Chapter 5, "Physiological Effects," of the Air Pollution Abatement Manual of the Manufacturing Chemists Association, according to the latest edition of such table for the compounds therein described. For compounds not described in Table III, odor thresholds may be established by methods indicated in Chapter 5 of the manual. No odor shall be permitted at any lot line exceeding the amount determined by the application of such methods as measured at:

Public nuisance or hazard prohibited. The emission of odorous matter from any property in such concentrations at any point along the boundaries of said property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.

Maximum concentrations of radioactivity permitted. The maximum permissible concentrations of radioactivity that can be released shall be subject to the regulations of the State of Wisconsin, the United States Atomic Energy Commission, and any other federal agency having jurisdiction. In the case of conflict, the most restrictive requirements shall govern.

Storage of radioactive materials. Radioactive materials shall be stored in fireproof containers made of steel and concrete, but shall not be stored in containers made of lead or other low-melting metals or alloys, unless completely encased in steel.

Medical sources of radiation residues. Medical sources of radiation residues, such as X-ray machines, gamma and neutron sources, and pharmaceutical isotopes which are used for diagnostic and therapeutic purposes, shall be permitted when located within a hospital, clinic, medical or dental office, or medical research facility. Other uses of radioactive materials shall be limited to measuring in X-ray and similar apparatus and in connection with the processing and preservation of food.

Measurement. Earthborne vibrations are measured with a seismograph or accelerometer and are measured in three mutually perpendicular directions (one vertical and two horizontal). Vibration shall be measured at the site boundary lines. All uses shall conform to the standards set forth in this section.

Permitted steady-state vibration displacement. Except for temporary construction activities and agricultural activities, no activity shall cause or create a displacement in excess of the permitted steady-state vibration displacement for the frequencies set forth in Table 500-106B.

Impact vibrations. For impact vibrations, the maximum permitted vibration displacement shall be twice that permitted for steady-state vibrations.

Temporary construction activities exempt from requirements. Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section, provided that steady-state vibrations and impact vibrations shall not exceed twice the permitted displacement for permanent operations.

Prohibition on vibrations beyond property boundaries. Except for temporary construction activities and blasting which may be allowed by special use permit in the QE Quarrying and Extractive District, no activity shall be permitted which creates a vibration beyond the boundaries of the site of the activity sufficient to cause a displacement of 0.003 of one inch.

Public nuisance prohibited. In no case shall vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.

No use, activity, or process allowed which produces electric and/or magnetic fields or radiation with adverse effects. In all zoning districts, no use, activity, or process shall be conducted which produces electric and/or magnetic fields or radiation which adversely affects public health, safety, and welfare, including but not limited to interference with normal radio, telephone, or television reception from off the premises where the activity or process is conducted or the use is located.

Minimum standards for electromagnetic radiation. Where electrical systems are planned to be established which are either equal to or exceed a level of electromagnetic radiation of 60 Hertz (Hz), the following standards shall be applicable:

Location. Any activity involving chemical, asbestos, or other hazardous materials or wastes use or storage shall be conducted within an enclosed building.

Transfer off parcel by natural causes or forces prohibited. No chemical, asbestos, or other hazardous materials or wastes shall be deposited upon a parcel in any zoning district in such form or manner that they may be transferred off of the parcel by natural causes or forces.

Outdoor storage prohibited. In all zoning districts, no chemical, asbestos, or other hazardous materials or wastes which might cause fumes, dust, or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors.

Public nuisance prohibited. In no zoning district shall the storage of chemical, asbestos, or other hazardous materials or wastes be allowed to create a public nuisance or hazard beyond the property boundaries.

Compliance with all fire and building codes for hazardous materials use and storage. In all zoning districts, uses involving the storage of chemicals, asbestos, or other hazardous materials or wastes shall be designed to comply with all fire and building codes for the hazardous materials use and storage, and adequate precautions using the best technology available shall be taken to protect against negative off-site impacts of a hazardous materials release.

Hazardous materials impact analysis required. In all zoning districts where chemical, asbestos, or other hazardous materials or wastes are used or stored, a hazardous materials impact analysis shall be required to determine potential off-site impacts and required mitigation precautions. Said hazardous materials impact analysis shall be submitted to the Plan Commission for its review and consideration.