Delton Town, WI Zoning Ordinance

Delton Town City Zoning Code

ARTICLE VIII

Single-Family Residential District R-1

§ 255-60 Purpose.

This district is created to provide for attractive, high-quality residential development, to identify areas that have previously been developed for single-family residences, and to protect residences from incompatible uses. This district is intended to cluster residences in order to make it more reasonable to provide public services.

§ 255-61 Permitted uses.

Single-family dwellings, including mobile homes as provided for in § 255-63B(1), except where deed restrictions would prohibit their use in subdivisions.

Churches.

Schools, public and private, including pre-K facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

Telephone and power distribution poles, lines, gas lines and necessary appurtenant equipment meeting the conditions set forth in the Town ordinance regarding utility locations, and provided that local distribution facilities shall be underground.

Home occupations, professional home offices.

Detached accessory buildings, including private garages, carports and boathouses, clearly incidental to the residential use of the property, and provided that:

[Amended 2-24-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1)

No accessory structure may be used as a separate dwelling unit.

(2)

Any accessory building greater than 1,200 square feet in area or greater than 20 feet in height at the peak shall require a conditional use permit.

Household pets, including animals or fowl ordinarily permitted in the house or kept for pleasure, such as dogs, cats, canaries, rabbits and the like, except not more than three mature animals (older than four months) of any kind may be kept on any one premises.

Animals and fowl other than household pets shall be permitted in residential zoned areas other than platted subdivisions, with the following limitations:

(1)

Lots or parcels on which such animals or fowl are maintained shall contain a minimum of two acres.

(2)

No more than a total of two such animals and 25 fowl, of which not more than three total shall be geese, ducks or turkeys, shall be permitted on any one lot or parcel.

(3)

Any building housing such animals or fowl shall be not less than 100 feet from any lot line.

Signs. Only those meeting the standards of this district and Chapter 246, Signs, of the Code of the Town of Delton.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 255-62 Conditional uses.

Two-family dwellings.

Rest homes; homes for the aged.

Mobile home parks.

Microwave relay structures.

Swimming pools, tennis courts and other similar recreational facilities developed in conjunction with and intended for the sole use of the residents of an individual development.

Parks and playgrounds.

Bed-and-breakfast operations.

Lodging houses and boardinghouses.

In-home child-care operations.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In-home businesses.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 255-63 Standards.

Dimensional rules and standards for all uses in this district:

(1)

Lot area. All lots or parcels shall be sufficient in size and shape to satisfy highway setbacks, water setbacks, rear and side yard setbacks, off-street parking and sanitary requirements, and all lots or parcels shall meet the following minimum area and width requirements:

(a)

Those lots provided with public sewer shall have a minimum area of 8,000 square feet with a minimum width of 80 feet, except those in the shoreland shall have a minimum area of 10,000 square feet and a minimum width of 100 feet.

(b)

Those lots not provided with public sewer shall have a minimum lot area of one acre (43,560 square feet) and a minimum width of 130 feet. Any variance to the 130 feet shall require a conditional use permit by the Planning Commission.

[Amended 2-24-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2)

Side yard. Nothing shall be built within 10 feet of any side lot line.

(3)

Rear yard. Nothing shall be built within 10 feet of any rear lot line.

(4)

Height. No building shall exceed 35 feet in height.

(5)

Floor area. No residence shall contain less than 750 square feet of living area.[1]

[1]

Editor's Note: Original Sec. 8.04.1.F., prohibiting vacation-type rentals, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now Ch. 174, Art. I, Short-Term Rentals Licensing, of the Code of the Town of Delton.

Dimensional rules and standards for permitted uses:

(1)

A maximum of one mobile home may be rented out within the Township, with both the land and the mobile home being owned by the landlord, and issuance of a permit for placement of mobile homes shall require that:

(a)

The mobile home have wheels removed and be placed on a permanent foundation or blocks, and be skirted.

(b)

The mobile home be secured against wind damage or other hazards unique to a mobile home.

(c)

The area around the mobile home be landscaped to provide an attractive appearance and prevent erosion.

(d)

Applications to join two or more mobile homes together to create a residence shall be denied.

(2)

Home occupations and professional home offices shall be incidental to the principal residential use, situated in the same building, carried on by the residential occupant, and subject to the following conditions:

(a)

Such use shall not occupy more than 20% of the classified floor area of the residence in which it is located.

(b)

Such use shall not employ on the premises more than two full-time people not residents of the premises.

(c)

Any off-street parking area provided shall be maintained reasonably dustless and adequately screened from adjoining residential properties.

(d)

Such use shall not include the outside storage of materials or other operational activity which would create a nuisance or be otherwise incompatible with the surrounding residential uses.

(3)

Signs. Only those signs listed below shall be permitted and all signs shall meet the standards Chapter 246, Signs, of the Code of the Town of Delton, in addition to those standards below:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a)

Signs to advertise a home occupation or professional home office.

(b)

Signs to advertise the sale, rent, lease or trade of the property on which the sign is placed.

(c)

Signs to advertise that the site on which the sign is placed is the location of a future church, school, library or club, provided that such sign shall not exceed 20 square feet in area.

(d)

Tablets, inscriptions, emblems or bulletin boards for churches, schools, etc.

Dimensional rules and standards for conditional uses:

(1)

Conditional uses must be determined:

(a)

To not cause unusual public service needs.

(b)

To not produce traffic which results in a major slowing of highway traffic, i.e., volume, ingress, egress.

(c)

To be compatible with residential uses in this district.

(d)

To not adversely affect property values in the area.

(e)

To not cause population densities which would unreasonably overburden the land or required public services.

(f)

To not endanger public health or safety.

(2)

Applicants shall submit plot plans showing principal and accessory structures, fencing, paving, landscaping, screening, lighting, storage areas, parking areas and plans for management of surface waters. The plot plan must demonstrate that the site has sufficient and usable space for all these identified features and for vehicular circulation.

(3)

Mobile home parks shall be subject to the regulations of Ch. SPS 326, Wis. Adm. Code, except that the following standards shall also be met:

(a)

Each mobile home park shall have a minimum area of five acres.

(b)

Density. The maximum allowable density in a mobile home park shall be eight units or lots per acre.

(c)

Minimum lot size. Each mobile home space shall have a minimum size of 5,000 square feet with a minimum width of 50 feet.

(d)

Mobile home stand. A mobile home stand designed to accommodate placement of a mobile home shall be provided on each lot. The stand shall provide adequate support and drainage for the placement of the mobile home. The mobile home stand shall be provided with anchors and tiedowns as required by state law. The site of each stand shall not be exposed to flooding, erosion or other adverse influence.

(e)

Screening. Unless adequately screened by existing vegetative cover, the park shall be screened by a temporary planting of fast-growing material capable of reaching a height of 15 feet or more, the individual trees to be of such a number and so arranged that within 10 years they will have formed a screen equivalent in opacity to a solid fence. Such permanent planting shall be maintained to a height of not less than 15 feet.

(f)

Drainage and landscaping. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner away from the mobile home stands. All mobile home sites shall be sodded or seeded, and the park shall be attractively landscaped in accordance with a plan submitted at the time of initial permit application.

(g)

Prohibited uses. Commercial sales or service of mobile homes shall not be permitted. This does not exclude routine maintenance of mobile homes already on sites within the park, nor the private sales of individual homes by the owners of on-site homes. Dependent mobile homes or camping trailers shall specifically be prohibited from placement or occupancy within mobile home parks.

(h)

Sewerage requirements. Public sewage service for mobile home parks is preferred and shall be established wherever practicable; private sewage systems are permitted as an alternative, provided that all treatment/disposal occurs on the park premises and provided the system and facilities are designed, constructed and operated in accord with Ch. NR 110, Wis. Adm. Code, and with any additional requirements imposed by the Planning Commission. Plans and installation details involving design, construction, alterations or extension of private sewage systems shall be approved by the State Department of Natural Resources, the County Planning and Zoning Office, and the Planning Commission prior to any work being done.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(i)

Plumbing requirements. All plumbing within the park and within mobile homes therein shall meet all applicable standards of the Wisconsin Administrative Code and any additional requirements of the Planning Commission.

(j)

Solid waste. All solid wastes shall be stored, collected and disposed of in compliance with Ch. SPS 326 of the Wisconsin Administrative Code.

(k)

All mobile homes shall be skirted from the mobile home to the ground with the same material as, or equivalent to, that from which the mobile home is made, and such skirting shall be maintained.

(l)

The Planning Commission may establish additional regulations after viewing the site(s) and considering evidence presented at the hearing.

Delton Town City Zoning Code

ARTICLE VIII

Single-Family Residential District R-1

§ 255-60 Purpose.

§ 255-61 Permitted uses.

Single-family dwellings, including mobile homes as provided for in § 255-63B(1), except where deed restrictions would prohibit their use in subdivisions.

Churches.

Schools, public and private, including pre-K facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

Home occupations, professional home offices.

Detached accessory buildings, including private garages, carports and boathouses, clearly incidental to the residential use of the property, and provided that:

[Amended 2-24-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1)

No accessory structure may be used as a separate dwelling unit.

(2)

Any accessory building greater than 1,200 square feet in area or greater than 20 feet in height at the peak shall require a conditional use permit.

Animals and fowl other than household pets shall be permitted in residential zoned areas other than platted subdivisions, with the following limitations:

(1)

Lots or parcels on which such animals or fowl are maintained shall contain a minimum of two acres.

(2)

No more than a total of two such animals and 25 fowl, of which not more than three total shall be geese, ducks or turkeys, shall be permitted on any one lot or parcel.

(3)

Any building housing such animals or fowl shall be not less than 100 feet from any lot line.

Signs. Only those meeting the standards of this district and Chapter 246, Signs, of the Code of the Town of Delton.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 255-62 Conditional uses.

Two-family dwellings.

Rest homes; homes for the aged.

Mobile home parks.

Microwave relay structures.

Swimming pools, tennis courts and other similar recreational facilities developed in conjunction with and intended for the sole use of the residents of an individual development.

Parks and playgrounds.

Bed-and-breakfast operations.

Lodging houses and boardinghouses.

In-home child-care operations.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In-home businesses.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 255-63 Standards.

Dimensional rules and standards for all uses in this district:

(1)

(a)

(b)

[Amended 2-24-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2)

Side yard. Nothing shall be built within 10 feet of any side lot line.

(3)

Rear yard. Nothing shall be built within 10 feet of any rear lot line.

(4)

Height. No building shall exceed 35 feet in height.

(5)

Floor area. No residence shall contain less than 750 square feet of living area.[1]

[1]

Dimensional rules and standards for permitted uses:

(1)

(a)

The mobile home have wheels removed and be placed on a permanent foundation or blocks, and be skirted.

(b)

The mobile home be secured against wind damage or other hazards unique to a mobile home.

(c)

The area around the mobile home be landscaped to provide an attractive appearance and prevent erosion.

(d)

Applications to join two or more mobile homes together to create a residence shall be denied.

(2)

(a)

Such use shall not occupy more than 20% of the classified floor area of the residence in which it is located.

(b)

Such use shall not employ on the premises more than two full-time people not residents of the premises.

(c)

Any off-street parking area provided shall be maintained reasonably dustless and adequately screened from adjoining residential properties.

(d)

Such use shall not include the outside storage of materials or other operational activity which would create a nuisance or be otherwise incompatible with the surrounding residential uses.

(3)

Signs. Only those signs listed below shall be permitted and all signs shall meet the standards Chapter 246, Signs, of the Code of the Town of Delton, in addition to those standards below:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a)

Signs to advertise a home occupation or professional home office.

(b)

Signs to advertise the sale, rent, lease or trade of the property on which the sign is placed.

(c)

Signs to advertise that the site on which the sign is placed is the location of a future church, school, library or club, provided that such sign shall not exceed 20 square feet in area.

(d)

Tablets, inscriptions, emblems or bulletin boards for churches, schools, etc.

Dimensional rules and standards for conditional uses:

(1)

Conditional uses must be determined:

(a)

To not cause unusual public service needs.

(b)

To not produce traffic which results in a major slowing of highway traffic, i.e., volume, ingress, egress.

(c)

To be compatible with residential uses in this district.

(d)

To not adversely affect property values in the area.

(e)

To not cause population densities which would unreasonably overburden the land or required public services.

(f)

To not endanger public health or safety.

(2)

(3)

Mobile home parks shall be subject to the regulations of Ch. SPS 326, Wis. Adm. Code, except that the following standards shall also be met:

(a)

Each mobile home park shall have a minimum area of five acres.

(b)

Density. The maximum allowable density in a mobile home park shall be eight units or lots per acre.

(c)

Minimum lot size. Each mobile home space shall have a minimum size of 5,000 square feet with a minimum width of 50 feet.

(d)

(e)

(f)

(g)

(h)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(i)

(j)

Solid waste. All solid wastes shall be stored, collected and disposed of in compliance with Ch. SPS 326 of the Wisconsin Administrative Code.

(k)

All mobile homes shall be skirted from the mobile home to the ground with the same material as, or equivalent to, that from which the mobile home is made, and such skirting shall be maintained.

(l)

The Planning Commission may establish additional regulations after viewing the site(s) and considering evidence presented at the hearing.

Delton Town City Zoning Code

ARTICLE VIII

Single-Family Residential District R-1

§ 255-60 Purpose.

§ 255-61 Permitted uses.

Single-family dwellings, including mobile homes as provided for in § 255-63B(1), except where deed restrictions would prohibit their use in subdivisions.

Churches.

Schools, public and private, including pre-K facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

Home occupations, professional home offices.

Detached accessory buildings, including private garages, carports and boathouses, clearly incidental to the residential use of the property, and provided that:

[Amended 2-24-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1)

No accessory structure may be used as a separate dwelling unit.

(2)

Any accessory building greater than 1,200 square feet in area or greater than 20 feet in height at the peak shall require a conditional use permit.

Animals and fowl other than household pets shall be permitted in residential zoned areas other than platted subdivisions, with the following limitations:

(1)

Lots or parcels on which such animals or fowl are maintained shall contain a minimum of two acres.

(2)

No more than a total of two such animals and 25 fowl, of which not more than three total shall be geese, ducks or turkeys, shall be permitted on any one lot or parcel.

(3)

Any building housing such animals or fowl shall be not less than 100 feet from any lot line.

Signs. Only those meeting the standards of this district and Chapter 246, Signs, of the Code of the Town of Delton.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 255-62 Conditional uses.

Two-family dwellings.

Rest homes; homes for the aged.

Mobile home parks.

Microwave relay structures.

Swimming pools, tennis courts and other similar recreational facilities developed in conjunction with and intended for the sole use of the residents of an individual development.

Parks and playgrounds.

Bed-and-breakfast operations.

Lodging houses and boardinghouses.

In-home child-care operations.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

In-home businesses.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 255-63 Standards.

Dimensional rules and standards for all uses in this district:

(1)

(a)

(b)

[Amended 2-24-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2)

Side yard. Nothing shall be built within 10 feet of any side lot line.

(3)

Rear yard. Nothing shall be built within 10 feet of any rear lot line.

(4)

Height. No building shall exceed 35 feet in height.

(5)

Floor area. No residence shall contain less than 750 square feet of living area.[1]

[1]

Dimensional rules and standards for permitted uses:

(1)

(a)

The mobile home have wheels removed and be placed on a permanent foundation or blocks, and be skirted.

(b)

The mobile home be secured against wind damage or other hazards unique to a mobile home.

(c)

The area around the mobile home be landscaped to provide an attractive appearance and prevent erosion.

(d)

Applications to join two or more mobile homes together to create a residence shall be denied.

(2)

(a)

Such use shall not occupy more than 20% of the classified floor area of the residence in which it is located.

(b)

Such use shall not employ on the premises more than two full-time people not residents of the premises.

(c)

Any off-street parking area provided shall be maintained reasonably dustless and adequately screened from adjoining residential properties.

(d)

Such use shall not include the outside storage of materials or other operational activity which would create a nuisance or be otherwise incompatible with the surrounding residential uses.

(3)

Signs. Only those signs listed below shall be permitted and all signs shall meet the standards Chapter 246, Signs, of the Code of the Town of Delton, in addition to those standards below:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a)

Signs to advertise a home occupation or professional home office.

(b)

Signs to advertise the sale, rent, lease or trade of the property on which the sign is placed.

(c)

Signs to advertise that the site on which the sign is placed is the location of a future church, school, library or club, provided that such sign shall not exceed 20 square feet in area.

(d)

Tablets, inscriptions, emblems or bulletin boards for churches, schools, etc.

Dimensional rules and standards for conditional uses:

(1)

Conditional uses must be determined:

(a)

To not cause unusual public service needs.

(b)

To not produce traffic which results in a major slowing of highway traffic, i.e., volume, ingress, egress.

(c)

To be compatible with residential uses in this district.

(d)

To not adversely affect property values in the area.

(e)

To not cause population densities which would unreasonably overburden the land or required public services.

(f)

To not endanger public health or safety.

(2)

(3)

Mobile home parks shall be subject to the regulations of Ch. SPS 326, Wis. Adm. Code, except that the following standards shall also be met:

(a)

Each mobile home park shall have a minimum area of five acres.

(b)

Density. The maximum allowable density in a mobile home park shall be eight units or lots per acre.

(c)

Minimum lot size. Each mobile home space shall have a minimum size of 5,000 square feet with a minimum width of 50 feet.

(d)

(e)

(f)

(g)

(h)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(i)

(j)

Solid waste. All solid wastes shall be stored, collected and disposed of in compliance with Ch. SPS 326 of the Wisconsin Administrative Code.

(k)

All mobile homes shall be skirted from the mobile home to the ground with the same material as, or equivalent to, that from which the mobile home is made, and such skirting shall be maintained.

(l)

The Planning Commission may establish additional regulations after viewing the site(s) and considering evidence presented at the hearing.