Ellsworth Town City Zoning Code
ARTICLE II
Zoning Districts; Use Regulations
§ 240-13 Enumeration of zoning districts.
[Amended 9-27-2016 by Ord. No. 16-03]
For the purpose of this chapter, the unincorporated areas of Pierce County are divided into the following zoning districts (with their symbols):
Agricultural Districts | |
Exclusive Agriculture (EA) | |
Primary Agriculture (PA) | |
General Rural (GR) | |
General Rural-Flexible (GRF) | |
Agriculture-Residential (AR) | |
Residential Districts | |
Rural Residential-8 (RR-8) | |
Rural Residential-12 (RR-12) | |
Rural Residential-20 (RR-20) | |
Commercial Districts | |
Commercial (C) | |
Industrial Districts | |
Light Industrial (LI) | |
Industrial (I) | |
Specialty Districts | |
Kinnickinnic River Bluffland Overlay District (KRBL) | |
Planned Residential Development (PRD) | |
§ 240-14 Zoning maps; interpretation of district boundaries.
A.
Zoning districts shall be bounded and defined as shown on zoning maps prepared for each town. The zoning maps shall be entitled "Zoning Maps of Pierce County" and on file in the Pierce County Zoning Office.
B.
Interpretation of zoning district boundaries. The following rules shall be used to determine the precise location of zoning district boundaries shown on the zoning maps of Pierce County:
(1)
Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits.
(2)
Boundaries shown as following or approximately following roads shall be construed as following the center lines of such roads.
(3)
Boundaries shown as following or approximately following platted lot lines or other property lines as shown on the Pierce County Real Property Listing Tax Maps shall be construed as following such lines.
(4)
Boundaries shown as following or approximately following the center lines of streams, rivers or other watercourses shall be construed as following the center line of such watercourses. In the event of a natural change in the location of such watercourses, the zoning district boundary shall be construed as moving with the center line.
(5)
Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in Subsection B(1) through (4) shall be construed to be parallel to such features and at such distances therefrom as are shown on the zoning maps of Pierce County. In the event such boundaries are not parallel or approximately parallel to any of the features listed in Subsection B(1) through (4), the interpretation of district boundaries by the Zoning Administrator shall be conclusive.
(6)
Boundaries below the ordinary high-water mark which coincide with riparian rights lines as determined by Section NR 326.07 of the Wisconsin Administrative Code shall be construed as such riparian rights lines.
(7)
Boundaries below the ordinary high-water mark which do not coincide with riparian rights lines as determined by Section NR 326.07 of the Wisconsin Administrative Code shall be construed as running perpendicular to the shoreline where the boundaries intersect with the shoreline.
§ 240-15 Purpose and intent of zoning districts.
The following specifies the purpose and intent of each of the zoning districts established by this chapter.
A.
Exclusive Agriculture (EA). This district is established to protect the agricultural industry from scattered nonagricultural development that may displace agricultural uses. The district is not intended to accommodate future nonagricultural growth. This district is intended to help implement the Pierce County Farmland Preservation Plan. Further, it is intended to meet the provisions of the Wisconsin Farmland Preservation Program, as specified in Chapter 91, Wis. Stats., and thereby establish eligibility for tax credits to farm owners as provided in § 71.59, Wis. Stats. It is intended that this district apply to lands included in productive farm operations and which have historically exhibited good crop yields or are capable of such yields; have demonstrated productivity for dairying, livestock raising and grazing; have been used for production of specialty crops, such as tree and plant materials, fruits and vegetables; or have been integral parts of such farm operations. Uses in this district are restricted to agricultural uses and uses consistent with agricultural uses as defined in § 91.01(10), Wis. Stats. No structure or improvement may be built unless consistent with agricultural use.
[Amended by Ord. No. 99-11]
B.
Primary Agriculture (PA). This district is established to maintain, preserve and enhance prime agricultural lands historically utilized for crop production but which are not included within the Exclusive Agriculture District. This district is also intended to provide farmland owners with additional management options by allowing limited residential development but with residential density limits set so as to maintain the rural characteristics of the district.
C.
Agriculture-Residential (AR). This district is established to provide for the continuation of agricultural practices in areas of the county which have historically been devoted to farm operations while providing locations for rural housing opportunities without public sewer and certain recreational and other nonresidential uses.
D.
General Rural (GR). This district is established to maintain and enhance agricultural operations in the county. The district also provides for low-density residential development which is consistent with a generally rural environment and allows for nonresidential uses which require relatively large land areas and/or are compatible with surrounding rural land.
E.
General Rural-Flexible (GRF). This district is established to achieve the same objectives as the General Rural (GR) District but to allow a greater density of residential development with the approval of the town board.
F.
Rural Residential-8 (RR-8). This district is established to provide for residential development in predominantly rural areas not suited for agricultural uses, served by on-site absorption sanitary systems and private wells. The district is intended to protect quality, large-lot residential development from incompatible uses.
G.
Rural Residential-12 (RR-12). This district is established to provide for residential subdivision development in predominantly rural areas not suited for agricultural uses, served by on-site absorption sanitary systems and private wells. The district is intended to protect residential development from incompatible uses.
H.
Rural Residential-20 (RR-20). This district is established to provide for the densest residential development in the unincorporated areas of the county. The district is intended to be used where residential development is encouraged on lots without public sewer and water and in locations where such a density of development is compatible with surrounding uses. The district is intended to enhance residential areas by restricting nonresidential development.
I.
Commercial (C). This district is established to provide for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods as well as the entire county. The purpose of the district is to provide sufficient space in appropriate locations for certain commercial and other nonresidential uses while affording protection to surrounding properties from excessive noise, traffic, drainage or other nuisance factors.
J.
Light Industrial (LI). This district is established primarily for production, processing and assembly plants that are operated so that noise, odor, dust and glare from such operations are completely confined within an enclosed building. Traffic generated by these industries should not produce the volume of traffic generated by heavy industrial uses. The district is also designed to accommodate warehouse and limited commercial uses.
K.
Industrial (I). This district is established for the purpose of allowing those industrial uses that are more intensive than those uses allowed in the Light Industrial (LI) District. The purpose of the district is to accommodate a heavy volume of traffic, the potential need for rail access to parcels and the presence of noise and other factors which could pose a nuisance in other districts. The intensity and use of land as permitted in this district is intended to facilitate the total range of industrial uses.[1]
[1]
Editor’s Note: Former Subsection L, Shoreland-Wetland (S-W), which immediately followed, was repealed 9-27-2016 by Ord. No. 16-03.
§ 240-16 Types of uses.
A.
Principal uses. These uses are sorted and assigned to specific zoning districts. (See § 240-17.) Such uses shall be established only if they are located in the zoning district to which they are assigned. These uses are further divided into the following categories:
(1)
Permitted uses. These uses are permitted by right, provided all requirements of this chapter are met.
C.
Temporary uses. (See § 240-20.) These uses are sorted and assigned to specific zoning districts. Such uses shall be established only if they are located in the zoning district to which they are assigned. These uses are further divided into the following categories:
(1)
Permitted uses. These uses are permitted by right, provided all requirements of this chapter are met.
§ 240-17 Table of uses.
[Amended by Ord. No. 99-11]
Land uses in Pierce County shall be allowed as shown in the Table of Uses.[1]
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
§ 240-18 Principal uses.
§ 240-19 Accessory uses.
Accessory uses are permitted in all zoning districts without issuance of a land use permit, subject to limitations listed in Subsection C below. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of § 240-32, and such structures shall require a land use permit.
A.
The accessory uses allowed in each zoning district shall be as shown in § 240-17.
[Amended 9-27-2016 by Ord. No. 16-03]
B.
Accessory uses which have particular use requirements listed in Article IV shall comply with such requirements and shall comply with parking requirements listed in Chapter VII.
C.
Limitations on specific accessory uses.
(1)
Commercial uses accessory to industrial uses shall be indoor and limited to 15% of the building area devoted to the principal use.
(2)
Industrial uses accessory to commercial uses shall be indoor and limited to 15% of the building area devoted to the principal use and shall not create nuisances of noise, odor, glare, dust, heat, vibration or other condition which adversely affects surrounding businesses or properties.
(3)
Incidental renting of agricultural buildings for indoor storage of boats, trailers, recreational vehicles, cars and nonagricultural equipment shall be allowed, provided that:
(a)
Such building used for storage was originally constructed for agricultural purposes and was constructed at least three years prior to its use as incidental indoor storage.
(b)
No signs shall be permitted which advertise or direct the public to such storage.
(c)
Outside storage shall not be allowed.
(d)
The agricultural building is located on the same parcel as an occupied dwelling.
(e)
A conditional use permit is obtained if the site is located in the Exclusive Agricultural District.
[Added by Ord. No. 11]
§ 240-20 Temporary uses.
§ 240-21 Uses not listed.
A.
Determination of use classification by the Zoning Administrator. The Zoning Administrator shall determine if a proposed use can be classified as one of the principal uses already listed for any of the zoning districts. If a proposed use can be so classified, then the use shall be regulated as specified by this chapter.
B.
Unclassified uses. A proposed use that cannot be classified as one of the principal uses shall be considered an unclassified use and shall be regulated as follows:
(1)
The Zoning Administrator shall determine if the proposed unclassified use is similar to other uses listed for the zoning district applicable to the site of the proposed unclassified use. If so, the application for the proposed unclassified use shall be processed as specified by this chapter.
(2)
If the Zoning Administrator determines otherwise, then the application for the proposed unclassified use shall be denied and the applicant shall be so notified in writing.
(3)
The Zoning Administrator shall refer unclassified uses to the Land Management Committee if the Zoning Administrator is uncertain how to classify any uses not listed.
C.
After making a determination regarding an unclassified use, the Zoning Administrator shall recommend an amendment to this chapter adding the previously unclassified use to the Table of Uses upon consideration of the appropriate zoning district.