Delton Town City Zoning Code
ARTICLE II
General Provisions
§ 255-10 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the unincorporated limits of the Town of Delton.
§ 255-11 Zoning Officer designated.
The position of Zoning Officer is hereby created as the administrative and enforcement officer for the provisions of this chapter. The duty of the Zoning Officer shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The Zoning Officer shall investigate all complaints, give notice of violations, issue orders to comply with the Zoning Ordinance, and assist the Town Attorney in the prosecution of violators of this chapter. The Zoning Officer and his duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.
§ 255-12 Compliance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, demolished or structurally altered except in conformity with the regulations herein specified for the district in which it is located and only after securing the proper permitting as outlined in § 255-13 of this chapter.
§ 255-13 Land use permits.
A.
Land use permits shall be required for all new structures, exterior renovation, demolition, placement of signs, and changes in land use unless specifically excepted by this chapter. Applications for land use permit shall be made to the Zoning Officer and shall include the following where appropriate:
(1)
Name and address of the applicant, owner of the site, architect, professional engineer or contractor.
(2)
Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; the zoning district within which the subject site lies; indication of whether or not the subject site is located in a floodplain.
(3)
Site plan showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways, off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side, and rear yards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Additional information as may be required by the Town Planning Commission or Town Zoning Officer.
B.
Land use permit shall be granted or denied in writing by the Zoning Officer within 30 days of receipt of a completed application and all requested information. The permit shall expire within two years unless substantial work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 255-14 Uses not requiring a land use permit.
Providing all applicable setback, yard, height and other requirements are met, no land use permit shall be required in any of the following instances:
A.
For erecting or placing an accessory building less than 100 square feet in area.
B.
Normal maintenance and repairs not involving an increase in the area of a structure.
C.
For structural alterations or substantial changes in the roof and exterior walls which do not exceed $1,000 in value.
§ 255-15 County regulations applicable to Town.
A.
In addition to this Chapter 255, Zoning, of the Code of the Town of Delton, the following Sauk County ordinances shall apply throughout the Town of Delton:
(1)
Sauk County Land Division and Subdivision Regulations.
(2)
Sauk County Shoreland Protection Ordinance.
(3)
Sauk County Private Sewage System Ordinance.
(4)
Sauk County Floodplain Ordinance.
(5)
Any other state-mandated countywide regulations.
B.
In cases of differing regulations governing a particular use, the more restrictive shall apply.
§ 255-16 Zoning district boundaries.
A.
The boundaries of the zoning districts are established as shown upon the map designated as the "Zoning Map, Town of Delton, Wisconsin," which accompanies and is a part of this chapter. All notations, references and other information shown upon the Zoning Map shall be as much a part of this chapter as if the matter and things set forth by the said map were fully described herein.
B.
Unless otherwise indicated on the map, the district boundary lines are the center lines of streets, highways, railroads, section lines, quarter section lines, quarter-quarter section lines or such lines extended. Where not otherwise indicated on the map it is intended that the district boundary line be measured at right angles to the nearest highway right-of-way line and be not less than 300 feet in depth. The length of each strip shall be as shown on the map.
§ 255-17 Nonconforming uses.
The existing lawful use of a structure or premises which is not in conformity with the provisions of this chapter may be continued, subject to the following conditions:
A.
No such use shall be expanded or enlarged except in conformity with the provisions of this chapter without the granting of a variance by the Board of Appeals.
B.
No structural alteration or repair to any nonconforming building, as long as such use continues, shall increase by more than 50% its assessed value, except upon the granting of a variance by the Board of Appeals.
C.
If such use is discontinued for 12 consecutive months, any future use of the building, structure and premises shall conform to this chapter; after such use is discontinued for six months the Town Board shall notify the owner of this provision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Existing methods of waste disposal which constitute nuisances under state law or the terms of this chapter shall not be permitted to continue as nonconforming.
§ 255-18 Governmental uses.
Except as otherwise provided in this chapter, governmental uses may be allowed only as conditional uses in all districts.
§ 255-19 Public utility uses.
Except as otherwise provided in this chapter, telephone and power distribution poles and lines, gas lines, and necessary appurtenant equipment shall be permitted if they meet the conditions set forth in the Town ordinance regarding utility locations. Any other public utility uses, such as transformers, unit substations, structures and equipment housing, may be approved only as conditional uses.
§ 255-20 Temporary uses.
Uses not specifically mentioned in this chapter which would last for less than 10 days may be permitted if approved in writing by the Town Board, provided that they will not conflict with adjacent uses or the intent of this chapter and do not pose any threat to the health or welfare of the public.
§ 255-21 Like uses.
A use not specifically listed in this chapter which is similar to and compatible with uses on adjacent land and not contrary to the intent of the district in which the use would be located may be allowed as a conditional use.
§ 255-22 Accessory structures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Structures accessory to and detached from a residential use shall not be used as a separate dwelling unit. No accessory structure shall be within any required rear yard, side yard, highway or water setback.
§ 255-23 Mobile homes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except where deed restrictions prohibit their use, mobile homes may be used as permanent residences wherever single-family dwellings are permitted, or as businesses in commercial zoning districts, provided the following conditions are met:
A.
The mobile home must have wheels removed and be placed on a foundation and be skirted.
B.
The mobile home must be secured against wind damage or other hazards unique to a mobile home.
C.
The area around the mobile home must be landscaped to provide an attractive appearance and prevent erosion.
D.
Proper licensing is obtained as set forth Chapter 246, Manufactured and Mobile Home Communities, of the Code of the Town of Delton.
§ 255-24 Surface water management.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
All buildings and developments shall be planned with responsible surface water management in mind. All gradings, excavations and other land surface disturbances shall be carried out in such a way that complies with Chapter 102, Erosion and Sedimentation Control, of the Code of the Town of Delton.
B.
The Planning Commission and/or Zoning Officer may require erosion control plans and/or stormwater management plans to be developed and followed as a contingency for conditional use approval, zoning change requests and variance requests.
§ 255-25 Site restrictions.
[Amended 6-25-2025 by Ord. No. 2025-4]
No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Zoning Officer or Town Planning Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Zoning Officer or Town Planning Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability. Thereafter the Zoning Officer or Town Planning Commission may affirm, modify, or withdraw its determination of unsuitability.
A.
All lots shall abut upon a public street, and each lot shall have a minimum frontage of 130 feet.
B.
All lots must be 43,560 square feet or one acre. This includes subdivisions and all other property.
C.
All principal structures shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot.
D.
No land use permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
E.
In cases of existing landlocked parcels, the width of a lot for access purposes will be 66 feet or more.
§ 255-26 Height regulation exemptions.
[Amended 8-10-2004; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Farm buildings not for human habitation, ornamental structures, radio and television broadcasting and receiving towers, telephone, telegraph and power transmission poles, towers and lines, microwave radio relay structures and necessary mechanical appurtenances, and accessory structures essential to the use or protection of a building or to a manufacturing process carried on therein are exempted from the height regulations of this chapter, with the following exceptions:
A.
All buildings and structures within the Height Limitation District shall adhere to the height requirements for that district.
B.
The height of any structure or tower in all other districts shall not exceed its distance from the nearest lot line.
§ 255-27 Required yard and setbacks.
Every part of a required yard or setback area shall be open and unoccupied from the ground upward. Driveways and parking lots shall be 10 feet from the lot line, but the Town Board shall have the choice of waving the ten-foot setback requirement for driveways.
§ 255-28 Highway setback lines.
A.
All buildings and other structures shall be a minimum of the following distances from the right-of-way line of any public street or highway:
(1)
State and federal highways: must comply with current regulations.
(2)
County trunk highways: must comply with current regulations.
(3)
Town roads: 20 feet.
(4)
Water frontage: 75 feet for buildings and structures. Piers, wharves, boathouses, boat hoists, boat shelters, stairways, walkways, lifts, landings and open fences shall have setbacks as provided for by the Sauk County Shoreland Protection Ordinance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Exceptions of these distances may be granted with approval from the Planning Commission if there are five or more buildings within 500 feet of the proposed structure that are closer to the right-of-way line than the above required distances. In these cases, the Planning Commission may approve that the proposed structure may be built a distance from the right-of-way line which is the average of the required setback and the nearest building's setback.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 255-29 Parking requirements.
Adequate parking facilities shall be provided for all uses which generate vehicular traffic.
A.
Access. Parking facilities shall have adequate access to a public road or street, the minimum width of such access being 10 feet.
B.
Size. All parking spaces shall have a minimum area of 200 square feet and shall have a minimum width of 10 feet and minimum length of 20 feet.
C.
All parking spaces shall be graded and drained so as to prevent the accumulation of surface waters.
D.
No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the recommended minimum.
E.
Minimum number of spaces recommended:
Use | Number of Spaces Recommended |
|---|---|
Dwellings, including mobile homes and multiple-family dwellings | 2 spaces for each dwelling unit |
Hotels, motels, resorts | 1 space for each guest room or unit |
Hospitals, boardinghouses | 1 space for each 2 beds |
Sanitariums, nursing homes, rest homes | 1 space for each 5 beds |
Medical and dental offices | 6 spaces for each doctor |
Churches, theaters, auditoriums, town halls, funeral parlors, community centers and other places of public assembly | 1 space for each 4 seats or 1 space for each 30 square feet of floor area if no permanent seats are provided |
Elementary schools | 1 space for each 2 employees |
High schools | 1 space for each 500 square feet of floor area |
Restaurants, bars, places of entertainment, repair shops, retail and service stores | 1 space for each 100 square feet of floor area |
Manufacturing and processing plants and warehouses | 1 space for each 3 employees |
Banks, business, governmental and professional offices | 1 space for each 300 square feet of floor area |
Bowling alleys | 5 spaces for each alley |
Automotive services, drive-in retail establishments | 1 space for each 2 employees plus space for customer parking |
F.
When a particular use is not listed, the parking recommendation for a similar use shall apply.
G.
When two or more uses are combined, the total parking recommendation shall be equal to the sum of the spaces recommended.
H.
The Planning Commission may increase the minimum recommendation when deemed necessary in the process of approving conditional uses.
I.
All of the above shall have a minimum of one space for every three employees unless otherwise noted.
§ 255-30 Land use approval fees and expenses.
[Amended 2020 by Ord. No. 2020-3]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
LAND USE APPROVAL
A process involving a request for rezoning, a conditional use permit, modification or release of conditions or covenants which are part of an early approval; a driveway permit; a certified survey map; plat; modification of the Comprehensive Plan and any other regulatory action involving an interest in real estate which the Town is required or allowed to take action.
B.
Fees. All persons, firms, or corporations which apply for a land use approval must pay a fee to the Town of Delton Clerk-Treasurer to help defray the cost of administration, investigation, advertising, inspection and processing. All fees shall be established by separate resolution of the Town Board and amended from time to time as deemed appropriate.
C.
Expenses. If the Town Clerk-Treasurer anticipates extraordinary costs and expenses related to the review of a land use approval, the applicant shall execute a contract to reimburse the Town for those costs and expenses and pay an advance deposit. If the advance deposit does not cover the Town's costs and expenses, the applicant shall be invoiced and if the invoice is not paid, the unpaid amount shall be assessed against the subject premises as a special charge. The amount of the advance deposit shall be determined on a case-by-case basis by the Town Clerk-Treasurer after consultation with the Town Chairperson, Zoning Officer and Attorney. If the amount of the advance payment exceeds Town costs and expenses, the applicant shall receive a refund.
§ 255-31 Staff meeting fee.
[Added 6-26-2024]
A.
The Town Board may establish, by resolution, a fee and will require a reimbursable service agreement for meetings of Town staff and officials with developers concerning projects which present novel, unique or extraordinary zoning or site plan considerations.
B.
The initial staff meeting fee will be $400, subject to change by the Town Board resolution.
C.
For good cause, the Town Chairperson may reduce or waive the fee.
§ 255-32 Enforcement; violations and penalties.
A.
Any building or structure hereafter erected, moved or structurally altered or any use hereafter established in violation of the provisions of this chapter by any person, firm, association, corporation (including building contractors or their agents) shall be deemed an unlawful structure or use.
B.
The Town of Delton Attorney may bring an action to enjoin, remove or vacate any use, erection, moving or structural alteration of any building or use in violation of this chapter.
C.
The provisions of this chapter shall be enforced under the direction of the Town Board. Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be subject to a fine of not less than $10 nor more than $200 per day as long as the violation shall exist, together with the costs of action, and in default of payment thereof, to imprisonment in the county jail for a period of not less than one day nor more than six months, or until such fine and costs be paid. Compliance therewith may be enforced by injunctional order at the suit of the Town or the owner of land within the district affected by the regulations of this chapter.