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Birnamwood Town City Zoning Code

ARTICLE III

- RESIDENTIAL ZONING DISTRICTS

Sec. 40-67. - Purposes.

(a)

R-R Residential-Rural District. The R-R district is intended for mainly single-family detached residential development on small rural lots, along with compatible home occupations, small-scale institutional and recreational uses, and low-intensity, pre-existing agricultural uses. Development within this district is generally served by individual on-site waste treatment (septic) systems. This district is intended for new residential development in areas mapped as farmland and forest preservation area on the farmland preservation plan map in the county comprehensive plan, in accordance with residential density and other standards within the comprehensive plan (see section 40-800) or a more restrictive town plan, generally in cases where farm animals are not desired. This zoning district is also intended for areas planned within the residential (one to 2.5) future land use category within the county comprehensive plan, often in locations where pre-existing small rural residential lots are present.

(b)

A-R Agricultural-Residential District. The A-R district is intended for mainly single-family detached residential development on moderately sized rural lots, along with compatible home occupations, small-scale institutional and recreational uses, and low-intensity agricultural uses. Development within the A-R district is generally served by individual on-site waste treatment (septic) systems. The A-R district is primarily intended for mapping in areas that are planned to allow rural residential development under adopted town and county comprehensive plans, such as the residential (one to 2.5) and residential (2.5 to ten) future land use categories within the county comprehensive plan. The A-R district may also be used for new residential development where farm animals are proposed or likely in areas mapped as farmland and forest preservation area on the farmland preservation plan map in the county comprehensive plan.

(c)

R-S Residential-Sewered District. The R-S district is intended to accommodate single-family detached and duplex residential development along with compatible home occupations, and small-scale institutional and recreational uses. The district requires a minimum lot size of 8,000 square feet, with development served by a public sanitary sewer system or a group on-site waste disposal system serving multiple lots. It is primarily intended to be mapped for current or future residential areas with existing or planned public sanitary sewer service, but in any case in accordance with adopted town and county comprehensive plans. The R-S zoning district corresponds with the residential (sewered) future land use category within the county comprehensive plan.

(d)

R-M Residential-Mixed District. The R-M district is intended to accommodate a variety of residential units, including single-family detached homes, duplexes, multiple-family housing, manufactured home parks or mobile home parks; and compatible home occupations, small-scale institutional and recreational uses, and pre-existing, low-intensity agricultural operations. It is primarily intended to be mapped in areas with existing or planned public sanitary sewer service, but in any case in accordance with adopted town and county comprehensive plans. The R-M zoning district corresponds with the mixed residential future land use category within the county comprehensive plan.

(Ord. No. 7-14, § X.3.1, 1-28-2022)

Sec. 40-68. - Permitted and conditional uses.

(a)

Table 40-68 indicates all of the permitted and conditional uses in the residential zoning districts. Land uses designated with a "P" are permitted by right in the associated zoning district. Land uses designated with a "C" are conditional uses in the associated zoning district. If a cell is empty, the associated land use is prohibited in that zoning district. Also prohibited are land uses that are not listed at all in Table 40-68, except that the planning, development, and zoning committee is authorized to determine that such an unlisted land use is similar enough to one of the land uses listed in Table 40-68 to have the same permitted by right, conditional, or prohibited status as that listed use.

(b)

Permitted uses should not be considered the equivalent of uses that require a land use permit, as that term is defined in section 40-265. While many permitted (and conditional) uses require a land use permit, others do not. See section 40-232 for the types of uses, structures, and other activities that require a land use permit.

Table 40-68. Permitted and Conditional Uses, Residential Zoning Districts

Land Uses R-R Residential-Rural DistrictA-R Agricultural-Residential DistrictR-S Residential-Sewered DistrictR-M Residential-Mixed District Subject to Land Use Description and Performance Standards
Accessory dwelling unit C C C C § 40-265
Accessory residential structure P P P P § 40-265
Agricultural structure P P § 40-265
Agricultural use C P § 40-265
Agricultural use, low intensity or hobby farm, pre-existing P P P P § 40-265
Agricultural accessory use P P § 40-265
Bed and breakfast establishment C C C P § 40-265
Boardinghouse C § 40-265
Community living arrangement (1—8 residents) P P P P § 40-265
Community living arrangement (9—15 residents) C C C P § 40-265
Community living arrangement (16+ residents) C § 40-265
Conservation neighborhood development P § 40-265
Contractor's on-site equipment storage facility P P P P § 40-265
Contractor's project office P P P P § 40-265
Elderly or congregate residential facility C C C C § 40-265
Family day care home (4—8 children) P P P P § 40-265
Filling and grading P/C 1 P/C 1 P/C 1 P/C 1 § 40-265
Golf course, public or private C C C C § 40-265
Hobby farm C P § 40-265
Home occupation, major C C C C § 40-265
Home occupation, minor P P P P § 40-265
Indoor institutional, minor C C C P § 40-265
Intermediate day care home (9—15 children) C C C C § 40-265
In-unit suite P P P P § 40-265
Keeping of farm animals C P §§ 40-135,
40-265
Manufactured home (not meeting single-family standards in section 40-265) C § 40-265
Manufactured home park or mobile home park C § 40-265
Multiple-family dwelling (3—7 units) P § 40-265
Multiple-family dwelling (8—16 units) C § 40-265
On-site real estate sales office P P P P § 40-265
Outdoor institutional C C C C § 40-265
Outdoor public recreation P P P P § 40-265
Outdoor wood furnace P § 40-265
Personal antenna or tower P 3 /C P 3 /C P 3 /C P 3 /C § 40-265
Pond C C C C § 40-265
Portable outdoor storage unit P P P P § 40-265
Private reception venue C
Public utility or service P/C 2 P/C 2 P/C 2 P/C 2 § 40-265
Replacement of existing manufactured/mobile home P P P P § 40-265
Single-family dwelling (including manufactured homes meeting standards in section 40-265) P P P P § 40-265
Solar energy system, small P P P P § 40-265
Telecommunications facility P P P P § 40-265
Temporary occupancy of recreational vehicles C C § 40-265
Tent camping P P P P § 40-265
Temporary stand-alone manufactured or mobile home P P P P § 40-265
Tourist roominghouse (1—2 units) P P P P § 40-265
Tourist roominghouse (3—4 units) P § 40-265
Two-family dwelling C C P P § 40-265
Vehicle repair or maintenance service C § 40-265
Wind energy system, small P P P P § 40-265

 

Notes:

1  Placement of between 18 and 199 cubic yards of fill is a permitted-by-right use that requires a land use permit. For lots two acres or less in size: placement of 200 cubic yards of fill or greater require a conditional use permit. For lots greater than two acres in size: placement of 500 cubic yards of fill or greater require a conditional use permit. See section 40-265 for additional performance standards.

2  If a transportation, utility, communication, or other use is required under state or federal law to be located in a specific place or is authorized to be located in a specific place under a state or federal law, that use shall be a permitted use. In all other cases, such a use shall require a conditional use permit.

3  Personal antennas or towers: If a tower or antenna is required under state or federal law to be located in a specific place or is authorized to be located in a specific place under a state or federal law, that use shall be a permitted-by-right use.

(Ord. No. 7-14, § X.3.2, 1-28-2022; Ord. No. 5-24, 5-22-2024)

Sec. 40-69. - Dimensional standards.

Tables 40-69A and B indicate dimensional, yard, and other development regulations in residential zoning districts. For additional dimensional standards applicable to lands within the shoreland zone, see the shoreland regulations of this chapter. In the event of conflict, the more restrictive standard applies.

Table 40-69A. Dimensional, Yard, and Other Development Regulations, Residential Zoning Districts

R-R Residential-Rural DistrictA-R Agricultural-Residential DistrictR-S Residential-
Sewered District
R-M Residential-Mixed District
Minimum Lot Specifications
Minimum lot size in conventional development 1 0.5 acre 1.5 acres SF: 8,000 sq. ft.
TF/Other: 16,000 sq. ft.
POWTS: 1.5 acres
PSS/PCWTS: SF: 8,000 sq. ft.
TF/other: 16,000 sq. ft.
MF: 16,000 sq. ft. for first 2 units + 6,000 sq. ft. for every unit thereafter
MFH/MH park:
Individual site: 6,000 sq. ft.
Min. park size: 10 acres
Minimum lot size in conservation neighborhood development N/A POWTS: 34,000 square ft.
PCWTS:
SF = 12,000 sq. ft.
TF/Other = 16,000 sq. ft.
N/A N/A
Minimum lot width (ft.) 1 100 100 SF: 60
TF/Other: 100
POWTS: 100
PSS/PCWTS:
SF = 60
TF/MF/Other = 100
MFH/MH park: 50
Development Specifications
Maximum building height (ft.) 35 35 35 45
Minimum principal building livable area (sq. ft.) SF: 900
TF: 1,200
SF: 900
TF: 1,200
SF: 900
TF: 1,200
SF: 900
TF/MF: 600 sq. ft./DU
MFH/MH park: N/A
Minimum Required Yards (ft.)1
Front yard or street yard See Table 40-69B See Table 40-69B See Table 40-69B See Table 40-69B
MFH/MH park: from interior park service roads = 20
Interior side yard 4 12.5 percent of lot width (shall not be less than 5 ft. nor exceed 15 ft.) 12.5 percent of lot width (shall not be less than 5 ft. nor exceed 15 ft.) 12.5 percent of lot width (shall not be less than 5 ft. nor exceed 15 ft.) 12.5 percent of lot width (shall not be less than 5 ft. nor exceed 15 ft.)
Rear yard 4 25 25 25 25
MFH/MH park: 30 ft. between housing units
Minimum distance between any building and wetland 15 15 15 15
Minimum distance between any building and state natural area 75 75 75 75

 

Notes:

SF = Single-family dwelling.

TF = Two-family dwelling.

Other = All other land uses allowed in district.

MF = Multifamily dwelling.

MFH/MH park = Manufactured home/mobile home park.

DU = Dwelling unit.

POWTS: If lot is served by private on-site waste treatment system, or a PCWTS serving four or fewer lots.

PSSS: If lot is served by public sanitary sewer service.

PCWTS: If lot is served by private community waste treatment system serving five or more lots.

1  For lots that are less than 100 feet in width, a plat of survey and field demarcation by a professional land surveyor is required for buildings proposed to be within five feet of any minimum required yard or setback (see section 40-232(h) for further details).

2  For storage sheds and other accessory buildings 200 square feet or less in gross floor area, a minimum five-foot rear and interior side yard shall instead be permitted.

Table 40-69B. Minimum Required Setback for Front and Street Side Yards

Jurisdiction of Public Road Minimum Required Front or Street Yard from Centerline of Paved or Gravel Roadway Surface
(feet)
Minimum Required Front or Street Yard from Closest Public Road Right-of-Way or Easement Line, if No Paved or Gravel Road Surface
(feet)
Municipal road 50 17
County trunk highway 65 35
State trunk or U.S. highway 75 45

 

Exceptions:

(1)

In no case shall a building be set back less than 25 feet from the nearest state trunk or U.S. highway right-of-way line.

(2)

Where each of the two adjoining lots on either side of a lot contains at least one pre-existing principal building, the minimum required front yard setback on the lot may be reduced to a number equal the average setback of the closest principal buildings to the public street on the adjoining lots, except where such setback would be in violation of exception (1).

(Ord. No. 7-14, § X.3.3, 1-28-2022)