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Fairbanks Town City Zoning Code

ARTICLE II

- WORKING LANDS AND OPEN SPACE ZONING DISTRICTS

Sec. 40-37. - Purposes.

(a)

FP Farmland and Forest Preservation District. The FP district is intended to promote continued agricultural and forestry uses on lands suited for such uses; protect and encourage long-term investments in food, fiber, building material, bioenergy, and other resource-related production; maintain property owner eligibility in the state's farmland preservation tax credit program; preserve rural character and manage non-agricultural and non-forestry development; provide opportunities for farm residences, agriculturally and forestry-related businesses, and home occupations. The county will approve rezoning away from FP for new residences only upon a finding that the requirements of Wis. Stats. § 91.48 are met, which includes consistency with the county comprehensive plan. With the consent of, or at the direction of, the affected town, the FP district is intended to be used in areas mapped as farmland and forest preservation on the farmland preservation plan map in the county comprehensive plan and within the county's zoning jurisdiction.

(b)

FH Farmland and Forest Holding District. The FH district is intended to preserve, for an unspecified time, agricultural and forestry uses on lands suited for such uses; maintain rural character; and provide opportunities for farm residences, agriculturally and forestry-related businesses, and home occupations. The FH district is not certified by the state department of agriculture, trade and consumer protection for farmland preservation tax credits. With the consent of or at the direction of the affected town, the FH district is intended to be used in areas that are not mapped as farmland and forest preservation on the farmland preservation plan map in the county comprehensive plan. Lands in the FH district may be subject to future rezoning if consistent with the policies of the comprehensive plan.

(c)

OAR Open Lands, Agriculture, and Residential District. The OAR district is intended to accommodate agricultural uses, undeveloped lands, small woodlots, grasslands and other open lands in agriculture, aqua culture, commercial and private forestry use, small-acreage farms/hobby farms, and residential development. The OAR district provides two basic residential development options that may be selected by towns per adopted town and county comprehensive plans. Option A applies to the Towns of Angelica, Germania, Seneca and Waukechon. This requires a minimum lot width of 290 feet and a maximum front yard area of 323 feet from the centerline of the improved road surface. Option B (all other county zoned townships) residential development must comply with 40-39A: Dimensional, Yard and Other Development Regulations. The OAR zoning district corresponds with the open lands, agriculture and residential future land use designation within the Shawano County Comprehensive Plan.

(d)

RPOS Recreation and Public Open Space District. The RPOS district is intended to accommodate all publicly owned land designated as state parks, scenic areas, or conservation areas; county or town parks or recreation areas; and other outdoor recreational facilities owned by public, private, or nonprofit agencies, in accordance with areas mapped as such within the county comprehensive plan.

(Ord. No. 7-14, § X.2.1, 1-28-2022; Ord. No. 5-24, 5-22-2024)

Sec. 40-38. - Permitted and conditional uses.

(a)

Table 40-38 indicates all of the permitted and conditional uses in the working lands and open space 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 40-38, 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 40-38 to have the same permitted by right, conditional, or prohibited status as that listed use, subject to any federal, state, or county regulations that affect whether an unlisted use may be allowed, including, but not limited to, Wis. Stats. ch. 91 and Wis. Admin. Code ch. ATCP 49.

(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.

(c)

Reserved.

Table 40-38. Permitted and Conditional Uses, Working Lands and Open Space Zoning Districts

LAND USES Farmland and Forest Preservation District (FP) Open Lands, Agriculture, and Residential District (OAR) Recreation and Public Open Space District (RPOS) Farmland and Forest Holding District (FH) Subject to Land Use Description and Performance Standards in:
Accessory dwelling unit C P C § 40-265
Accessory residential structure P P P P § 40-265
Agricultural accessory use P P P P § 40-265
Agricultural home occupation P/C 5 P/C 5 § 40-265
Agriculture-related use C C C § 40-265
Agricultural structure P P P P § 40-265
Agricultural use P P P P § 40-265
Airport, private use C C § 40-265
Animal waste storage facility P P P Ch. 12, arts. IV and V
and § 40-265
Bed and breakfast establishment C C C § 40-265
Campground or camping resort C C § 40-265
Commercial animal services and boarding C C C § 40-265
Conservation neighborhood development P § 40-265
Contractor's on-site equipment storage facility P § 40-265
Contractor's project office P § 40-265
Contractor's shop P § 40-265
Family day care home (4—8 children) P P P § 40-265
Farm residence (FP & FH) P 2 P § 40-265
Filling and grading P/C 3 P/C 3 P/C 3 P/C 3 § 40-265)
Game farm C C C C § 40-265
Golf course, public or private C C § 40-265
Hobby farm P P P P § 40-265
Home Occupation, Major C § 40-265
Home Occupation, Minor P § 40-265
Hunting, fishing, or recreational shelter C P C P § 40-265
Indoor institutional use, Major C P P C § 40-265
Indoor institutional use, Minor C P P C § 40-265
Indoor sales C
Intermediate day care home (9—15 children) C C C § 40-265
In-unit suite C P C § 40-265
Keeping of farm animals P P P P §§ 40-135, 40-265
Light Manufacturing C § 40-265
Livestock facility P P P Ch. 12, arts. IV and V and § 40-265
Nonfarm residence constructed before January 1, 2014 (FP & FH) C 7 C § 40-265
Non Residential Principal Structure P P P P § 40-265
Non-metallic mineral extraction C C C § 40-265
Outdoor commercial entertainment or recreation C C § 40-265
Outdoor institutional use C C C C § 40-265
Outdoor public recreation C P P C § 40-265
Outdoor wood furnace P P P P § 40-265
Personal Antenna or Tower P 6 /C P 6 /C P 6 /C P 6 /C § 40-265
Personal storage facility /mini-warehouse C § 40-265
Pond P P P P § 40-265
Portable outdoor storage unit P P P § 40-265
Private reception venue C C C § 40-265
Public utility or service P 4 /C P 4 /C P 4 /C P 4 /C § 40-265
Replacement of existing manufactured/mobile home P P C P § 40-265
Sales of farm and forestry products P P P P § 40-265
Single-family dwelling (including manufactured homes meeting standards in section 40-265) P C § 40-265
Solar energy system, large C C C C § 40-265
Solar energy system, small P P P P § 40-265
Telecommunication facility C P P C § 40-265
Temporary occupancy of recreational vehicles P P P P § 40-265
Temporary standalone manufactured or mobile home P P P § 40-265
Tents P P P P § 40-265
Trucking Facility C § 40-265
Two-family dwelling C § 40-265
Vehicle course or track P P P P § 40-265
Vehicle repair or maintenance service C § 40-265
Wind energy system, large C C C C § 40-265
Wind energy system, small P P P P § 40-265
Notes:
2  See section 40-234, the Shawano County Comprehensive Plan, and the applicable town comprehensive plan for siting and density policies for new residences. New farm residence only applies in the FP and FH zoning districts.
3  Placement of between 18 and 199 cubic yards of fill is a permitted-by-right use that requires a land use permit. For lots 2 acres or less in size: placement of 200 cubic yards of fill or greater requires a conditional use permit. For lots greater than 2 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.
4  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-by-right use. In other cases, such use shall require a conditional use permit.
5  See section 40-265 for circumstances that require a conditional use permit for an "agricultural home occupation."
6  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.
7  A nonfarm residence only applies to the FP and FH zoning districts. See section 40-265 for zone change or conditional use options.

 

(Ord. No. 7-14, § X.2.2, 1-28-2022; Ord. No. 5-24, 5-22-2024)

Sec. 40-39. - Dimensional standards for working lands and open space districts.

Tables 40-39A and B indicate dimensional, yard, and other development regulations in working lands and open space 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 40-39A. Dimensional, Yard, and Other Development Regulations, Working Lands and Open Space Zoning Districts

FP Farmland and Forest Preservation District;
FH Farmland and Forest Holding District
OAR Open Lands,
Agriculture, and Residential District 7
RPOS Recreation and
Public Open Space District
Minimum lot size 1 1.5 acres 2 1.5 acres 2 1.5 acres 2
Minimum lot width (ft.) 1 100 Option A: 290 7
Option B: 100
100
Development specifications
Maximum new residential development ratio or density 3 Maximum of 1 principal farm residence per lot; new nonfarm residences require rezoning per associated comprehensive plan policies N/A N/A
Maximum building height (ft.) 6 35 35 35
Minimum single-family dwelling livable area (sq. ft.) 500 500
(1,200 for two-family dwelling)
500
Minimum required yards (ft.)4
Front yard or street yard (ft.) See Table 40-39B See Table 40-39B; Option A: Maximum 323 ft. between principal residential structure (does not include hunting/fishing shelter) and public road right-of-way centerline 8 See Table 40-39B
Interior side yard 5 (ft.) 10 10 10
Rear yard 5 (ft.) 25 25 25
Minimum distance between any building and wetland (ft.) 15 15 15
Minimum distance between any building and state natural area (ft.) 75 75 75

 

Notes:

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

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

1  For lots created before April 19, 2011, see section 40-199.

2  An individual town may have land division regulations or other policies that require a larger minimum lot size in that town.

3  See Section 40-234 and the County Comprehensive Plan for detailed information associated with the tracking and calculation of allowable new dwelling units on parcels in the FP and FH zoning districts.

4  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).

5  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. Structures 200 square feet or less in gross floor areas do not require a land use permit except within the Shoreland area.

6  See section 40-129(e) for exemptions from the maximum building height standard.

7  The OAR zoning district has two basic options for arranging development on the landscape. The following towns have Option A outlined in their town comprehensive plans: Angelica, Germania, Seneca, Waukechon. Option B applies to all other locations where the OAR district is mapped.

8  The maximum 323 feet between principal residential structure and road right-of-way centerline shall not apply when the existing principal residences to be rebuilt or replaced within 500 feet of its original location.

Table 40-39B. 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.2.3, 1-28-2022; Ord. No. 5-24, 5-22-2024)