- ZONING DISTRICTS
(a)
Purpose. This residential district is intended to provide for single-family homes in a lower density living environment.
(b)
Principal permitted uses. In the Residential District A, no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:
(1)
Single-family dwellings.
(2)
One private garage or the appropriate number of accessory buildings as specified in section 40-7(6).
(3)
Storage garages, but only when such storage garage is an accessory building to a multiple family dwelling, provided that the capacity of such storage garage shall not be more than one car per dwelling unit in the building to which it is accessory. Not more than two commercial vehicles of not more than 1&half-ton capacity each shall be stored in any storage garage.
(4)
Not over three boarders or lodgers not members of the family.
(5)
Railroad right-of-way and passenger depots, not including switching, storage, freight yards or siding.
(6)
Customary residential accessory uses.
(c)
Conditional uses.
(1)
Home occupations.
(2)
Professional offices.
(d)
Height and area. In the residential district, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally altered shall exceed neither 35 feet nor 2½ stories in height. See section 40-7(1), (2), and (3).
(2)
Side lot setback line. There shall be a side lot setback line on each side of a building. For buildings not over 1½ stories high, the sum of the widths of the required side lot setback lines shall not be less than 20 feet and no single side lot setback shall be less than eight feet in width. For buildings from 1½ stories to 2½ stories high, the sum of the widths of the required side lot setbacks shall not be less than 25 feet, and no single side lot setback shall be less than ten feet in width; provided, however, that on a single lot having a width of less than 60 feet and of record at the time of the passage of this chapter, the sum of the widths of the side lot setbacks shall be not less than the equivalent of four inches per foot of lot width for buildings not over 1½ stories high and five inches per foot of lot width for buildings from 1½ to 2½ stories high; provided further that the buildable width of any such lot in no case shall be reduced to less than 24 feet nor shall the width of any single side lot setback be less than 40 percent of the total required side lot setback widths.
(3)
Setback. See section 40-145, highway setback lines.
(4)
Rear lot line setback. There shall be a rear lot line setback having a minimum depth of 25 feet. See section 40-5(2), (7), (8); and 40-7(4).
(5)
Lot area per family. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area of not less than 10,000 square feet per family and no such lot shall be less than 75 feet in width at the front lot setback line. See sections 40-5(2), (8); and 40-7(5).
(Code 1988, § 17.30; Ord. of 1-27-2013)
(a)
Purpose. This residential district is intended to provide a higher density and diverse housing environment than the Residential District A by the addition of two-family dwelling opportunities.
(b)
Principal permitted uses. In the Residential District B, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:
(1)
Permitted uses in the Residential District A.
(2)
New two-family dwellings.
(3)
Conversion into a two-family dwelling of an existing one-family dwelling
(4)
Customary residential accessory uses.
(c)
Height and area. In the Residential District B the height of buildings, the minimum dimensions of setback areas and the minimum lot area per family shall be as follows:
(1)
Height. As specified in Residential District A.
(2)
Side yard. As specified in Residential District A.
(3)
Setback. As specified in Residential District A.
(4)
Rear yard. As specified in Residential District A.
(5)
Lot area per family. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area not less than 7,200 sq. ft. per family and no such lot shall be less than 60 feet in width. Every building hereafter erected or structurally altered for occupancy by two families shall provide a lot area not less than 3,600 sq. ft. per family and no such lot shall be less than 60 feet wide. See §§ 40-5(3), (8) and 40-7(5).
(d)
Conditional uses. Those conditional uses of the Residential District A.
(Code 1988, § 17.31; Ord. of 1-27-2013; Ord. of 5-17-2016; Ord. No. 2020-2, 3-10-2020)
(a)
Purpose. This residential district is intended to provide for a higher density and diverse living environment than provided in the Residential A and Residential B Districts.
(b)
Principal permitted uses. In Residential District C, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter except for one or more of the following uses:
(1)
Permitted uses in Residential District B, except as otherwise specified.
(2)
New multiple family dwellings.
(3)
Conversion into three or more family dwellings of an existing one- or two-family dwelling.
(4)
Planned unit development. When a planned unit development (PUD) is to be constructed, the planning and zoning commission may provide a recommendation to the town board to approve a development plan, provided it complies with the regulations of this chapter and the following:
a.
A map in duplicate, drawn to a minimum scale of 1" to 100' showing:
1.
The parcel boundaries and legal description.
2.
The parcel location.
3.
The legal description of the proposed PUD.
4.
The location and use of all structures.
5.
The ordinary high-water elevation of any navigable waters within 300 feet of parcel boundaries.
6.
Number of residential units.
7.
Proposed off-street parking areas.
8.
The location and style of exterior lighting and signage.
9.
The location of all public and private utilities.
b.
Any additional information deemed necessary to ensure compliance with this chapter.
In a planned unit development, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved final development and implementation plan, and shall be construed to be and enforced as a part of this chapter.
(c)
Conditional uses. Conditional uses of Residential District B.
(d)
Height and area. In Residential District C, the height of buildings, the minimum dimension of yards and the minimum lot area per family shall be as follows:
(1)
Height. As specified in Residential District A.
(2)
Side yard. As specified in Residential District A.
(3)
Setback. As specified in Residential District A.
(4)
Rear yard. As specified in Residential District A.
(5)
Lot area per family. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area of not less than 7,200 sq. ft. per family and no lot shall be less than 60 feet in width. Every building hereafter erected or structurally altered for occupancy by three or more families shall provide a lot area of not less than 2,500 sq. ft. per family, and no such lot shall be less than 60 feet wide. See §§ 40-5(2), (8) and 40-7(5).
(Code 1988, § 17.32; Ord. of 1-27-2013; Ord. of 5-17-2016; Ord. No. 2020-2, 3-10-2020; Ord. No. 2020-4, 9-8-2020)
(a)
Purpose. This zoning district is intended to provide diversity of land usage with a more rural living environment and rural atmosphere.
(b)
Use. In Rural Residential District, no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:
(1)
Any permitted use in Residential District A.
(2)
General farming, except farms operated for the disposal of garbage, rubbish, offal or sewage.
(3)
Roadside stands for the sale of farm products produced on the premises.
(4)
Signs not over eight square feet in area advertising the sale of farm products produced on the premises.
(5)
Printed bulletin displays: Signs not to exceed 325 square feet. Placement of bulletin boards along highways: Location from center of highway and distance away from intersections regulated by state highway commission.
(6)
Riding, training or boarding stables and paddocks.
(c)
Conditional uses. Microwave radio relay structures.
(d)
Height and area. In this section, buildings hereafter erected or structurally altered for human habitation will meet the requirements for height of buildings, the minimum dimensions of yards and the minimum lot area per family as follows:
(1)
Height. As specified in Residential District A.
(2)
Side yards. As specified in Residential District A.
(3)
Setback. As specified in Residential District A.
(4)
Rear yard. As specified in Residential District A.
(5)
Lot area per family. Every building hereafter erected, or structurally altered for occupancy by one family, shall provide a lot area of not less than 10,000 square feet per family, and no such lot shall be less than 75 feet in width.
(Code 1988, § 17.33; Ord. of 1-27-2013; Ord. No. 17.33(3)(e)-2014, 6-10-2014)
(a)
Approval required. Certain uses and situations which are of such a special nature, or are so dependent upon actual contemporary circumstances as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulations or conditions which would permit such determination in each individual situation, may be permitted as conditional uses in the residential districts and in the rural residential district, subject to such requirements as are hereinafter specified for each situation.
(b)
Application. Applications for conditional use permits shall be made on forms furnished by the town board, and shall include the following where pertinent and necessary for proper review by the town board:
(1)
A map (preferably a topographic map) in triplicate, drawn to a scale of not less than 200 feet to one inch showing the land in question; its legal description and location; location and use of buildings; sanitary systems and private water supplies on such land; the high-water elevation of any navigable waters within 300 feet of the land in question; and the proposed location and use of any buildings, sanitary systems and wells on such land and within 300 feet of such land in question.
(2)
Additional information as may be required by the town board, the county health commission or other public agencies, such as legal permits required by any state or federal agency for the operation of the proposed conditional use.
(3)
The application fee for a conditional use permit shall be determined by the town board. Costs incurred by the town board in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of conditional use applications and preparation of conditions to be imposed on such uses shall be charged to the applicant, and if required by the town board, a fee covering such costs shall accompany the application.
(4)
The application shall bear the signature of the applicant or applicant's agent, with address and phone number. The applicant shall be the owner of the land or the lessee or agent. In all cases, the owner of the land and the operator of the proposed conditional use shall be identified on the application.
(5)
Approved conditional uses do not go with the land, but only to the person or entity for whom the conditional use permit is issued to. Upon any change of ownership or lessee of the conditional use, an extension and reassignment of the conditional use permit shall be applied for and require the review and approval of the town board.
(c)
Public hearing. Upon receipt of the application, the foregoing data and fees, a public hearing will be held at a regular meeting of the town board, publication and notices thereof to be the same as that under the applicable state public hearing requirement.
(d)
Final review and approval. The town board shall review the proposal as submitted. Any conditions deemed necessary by the town board shall be made an integral part of the permit. These conditions shall be complied with by the applicant and any deviation or alteration of those conditions set forth in the permit shall constitute a violation of the terms of the conditional use permit. Such violation shall constitute a violation of this ordinance and will be subject to prosecution and penalties under the terms of this article.
(e)
Application for change of conditional use permit. If any holders of a conditional use permit wishes to extend or alter the terms of such permit, he must apply for such extension or alteration through the procedure of application for conditional use permits detailed herein.
(f)
Expiration of conditional use status.
(1)
Conditional use status will terminate when, after public hearing, the town board determines any of the following:
a.
The conditional use has not continued in conformity with the conditions of the permit.
b.
Upon the request of the town board, a change in the character of the surrounding area or in the conditional use itself causes such use to be no longer compatible with surrounding uses.
c.
The conditional use has been discontinued for a period of 12 consecutive or 18 cumulative months in a three-year period. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive.
(2)
Upon such determination, the owner of the premises shall be required to bring all such land and buildings into conformity with the district regulations of the district in which such former conditional use is located, and all other provisions of this chapter within 90 days from such determination.
(g)
Uses authorized by conditional use permit in residential districts. The following conditional uses may be authorized in the respective districts in addition to those conditional uses that may be specified in each of those districts:
(1)
Golf courses, except miniature courses and practice driving tees, operated for commercial purposes, including such buildings, structures and uses that are necessary for their operation, except those the chief activity of which is a service carried on as a business.
(2)
Funeral home.
(3)
Group home.
(4)
Home occupations other than those provided under the definition in section 40-4.
(5)
Hospitals, clinics, medical and dental offices.
(6)
Nursery schools, day nurseries and child care centers (not including dormitories); provided that for each child cared for there shall be provided and maintained, in addition to the required yard area, a minimum of 200 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 8,000 square feet and shall be screened from any adjoining residential lot.
(7)
Private clubs, fraternities and lodges, except those whose chief activity is one customarily carried on as a business. Any expansion of this use involving the enlargement of buildings, structures and land areas devoted to such use, shall be subject to the granting of a conditional use permit.
(8)
Telephone buildings, exchanges, lines and static transformer stations provided there is no service garage or storage yard; radio and television stations and microwave relay structures.
(9)
Truck gardening; nurseries and greenhouses only for the propagation of plants, provided that greenhouse heating plants shall be not less than 60 feet from every lot line.
(10)
Farm buildings on an existing farm, provided that buildings in which farm animals are kept shall be at least 100 feet from the nearest residence or non-farm lot. Farm buildings housing animals, barn yards or feed lots shall be at least 100 feet from any navigable water and shall be located so that manure will not drain into any watercourse, pond or stream.
(h)
Uses authorized by conditional use permit in the Rural Residential District.
(1)
Golf courses.
(2)
Funeral home.
(3)
Home occupations other than those provided under the definition in section 40-4.
(4)
Nursery schools, day nurseries and child care centers (not including dormitories); provided that for each child cared for there shall be provided and maintained, in addition to the required yard area, a minimum of 200 square feet of outdoor play area. Such play area shall have a total minimum area of not less than 12,000 square feet and shall be screened from any adjoining residential lot.
(5)
Private clubs, fraternities and lodges, except those whose chief activity is one customarily carried on as a business. Any expansion of this use involving enlargement of buildings, structures and land area devoted to such use shall be subject to the granting of a conditional use permit.
(6)
Telephone buildings, static transformer stations, service garages and storage yards, radio and television stations and microwave radio relay structures.
(7)
Sewage treatment plants.
(8)
Aircraft landing fields.
(9)
Contractor's storage yards, when any such yard shall be so placed, or so screened by a shrub or tree planting so as not to be visible from any public highway or any residential building other than that of the owner of such yard, his agent or employee.
(10)
Fur farms, when located not less than 400 feet from any residential building other than that of the owner of the premises, his agent or employee and not less than 200 feet from the right-of-way line of any federal, state, or county trunk highway or town road.
(11)
Kennels, when located not less than 600 feet from any residential building other than that of the owner of such kennels, his agent or employee.
(12)
Animal hospitals, when any building devoted wholly or partly to such uses or accessory thereto shall be distant not less than 150 feet from any residential building not on the same premises.
(13)
Saw mills, when located on the same farm premises for more than 30 days.
(i)
Conditions which may be attached to a conditional use permit in an Industrial District. Upon consideration of information supplied at the public hearing, the following conditions may be attached to the granting of a conditional use permit:
(1)
Increased setbacks and yards.
(2)
Specifications for water supply, liquid waste and solid waste disposal facilities.
(3)
Landscaping and planting screens.
(4)
Sureties.
(5)
Operational controls and time of operation.
(6)
Air pollution controls.
(7)
Erosion prevention measures.
(8)
Location of the use.
(9)
Similar requirements found necessary to fulfill the purpose and intent of this chapter.
(10)
Compliance with the county solid waste management plan and any other county comprehensive plan provided in this Code or otherwise approved by the county.
(11)
For garbage, trash or recycling transfer stations used for the purpose of unloading and reloading garbage, trash, or recycling materials, the following conditions shall also apply:
a.
The location is at least 500 feet from a floodplain, wetland, endangered and protected flora and fauna habitats, sites of historical, archeological or cultural significance, prime agricultural land, park land or preserves.
b.
The location and operation complies with federal regulations for operation in proximity to airports.
(Code 1988, § 17.34; Ord. of 1-27-2013)
(a)
Purpose. This district is intended to provide areas within the town for non-urban uses of an agricultural nature where the land capability is conducive to such use and where the town's land use planning indicates that general agricultural is an appropriate land use within the context of total town land usage and compatibility with adjacent land use, particularly housing usage.
(b)
Use. In the General Agricultural District, no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:
(c)
Principal permitted uses.
(1)
Forest preserves forestry and the production of forest products.
(2)
The harvesting of any wild crops such as marsh hay, ferns, moss, berries or seeds.
(3)
Greenhouses and nurseries.
(4)
General farming, but not including confined animal feeding operations.
(5)
Kennels, fur and animal farms.
(6)
Aircraft landing fields, basins and hangers.
(7)
Fire control structures.
(8)
Public and private parks, playgrounds, camps, golf courses, riding and shooting clubs, amusement parks.
(9)
Organized recreational camps, motels and tourist camps when such camps provide not less than 4,000 square feet of lot area for each cabin, trailer, tent or housecar, and when such camp is clearly bounded by a fence or hedge and is located not less than 1,000 feet from the boundary of any residential district; provided further, that no person or party other than the owner shall occupy such tourist camp for more than 90 days in any one year.
(10)
Hunting, fishing and trappers cabins and boat liveries.
(11)
The residence of the farm owner and a watchman, caretaker or supervisor employed on the premises and his family.
(d)
Conditional uses.
(1)
Mines, quarries and gravel pits
(2)
Processing and manufacturing of natural resources indigenous to the county
(3)
Hydroelectric power and flood control dams and structures
(4)
Telephone, telegraph and power transmission lines and buildings, and microwave radio relay structures.
(e)
Height and area. Buildings hereafter erected or structurally altered for human habitation shall be subject to all height and area regulations established for similar buildings in the Rural Residential District.
(Code 1988, § 17.35; Ord. of 1-27-2013)
(a)
Purpose. This zoning district is intended to provide locations for general business activity for the purpose of providing commercial products and services to town residents and visitors, and in a pattern that avoids conflicts with residential uses and living environments. The district is further intended to further the town's economic development policies and promote job development and tax base growth.
(b)
Use. In the Commercial District, no building or premises shall be used and no building shall hereafter be erected or structurally altered, except for the permitted uses found in the Residential A District on those lots which had single-family residences already in existence on January 22, 2013 (see appendix A to Ordinance No. 17.11, 5-17-2016), unless otherwise provided in this chapter. Any of the following specified uses are allowed:
(1)
Any use authorized in the Residential "C" District. See Section 40-95 (b). In any case where a property is used for both commercial and residential uses, it must meet the height, side yard, lot area, and lot width regulated by the principal use of the property.
(2)
Animal hospital and pet shop.
(3)
Art shop, gift shop, jewelry store and optical store.
(4)
Automobile sales and service establishment, public garage, parking lot.
(5)
Bank and financial institution, brokerage and pawn broker.
(6)
Bakery (retail).
(7)
Barbershop and beauty parlor.
(8)
Book and stationery store.
(9)
Bowling alley, pool and billiard room, gymnasium, dancing school, dance hall, skating rink, theatre, except drive-in theatre and stock car race tracks.
(10)
Candy store, confectionery store, ice cream store, soda fountain, soft drink stand.
(11)
Clinic.
(12)
Convention and exhibition hall.
(13)
Cleaning and dyeing establishment.
(14)
Department store.
(15)
Dress shop, clothing store, dry goods store, notion shop, hosiery shop, tailor shop, shoe store.
(16)
Drug store, pharmacy.
(17)
Farm machinery sales and service.
(18)
Filling stations and convenience stores.
(19)
Food products (retail), grocery store (retail), delicatessen, meat and fish market, fruit and vegetable store, tea and coffee store, food locker plants but not slaughtering.
(20)
Florist shop.
(21)
Feed and flour mill.
(22)
Hardware and paint store.
(23)
Household appliance store, furniture store, plumbing, heating and electrical supplies, crockery store.
(24)
Hotel.
(25)
Lumber, fuel and supply yards.
(26)
Music store, radio store, radio broadcast studio.
(27)
Newsstand.
(28)
Photography studio, photographer's supplies.
(29)
Railroad and bus depot and truck terminal.
(30)
Restaurant, cafeteria, lunch room, refreshment stand, caterer, tavern, bar.
(31)
Telephone and telegraph office.
(32)
Temporary structure.
(33)
Tobacco and pipe store.
(34)
Undertaking establishment.
(35)
Warehouses not in excess of 100,000 square feet and not more than two stories high.
(36)
Businesses whose primary function is providing services or products involving the use of computer and telecommunications related technologies, but not the production of such products.
(37)
Any other uses similar in character and the processing or treatment of products clearly incidental to the conduct of a retail business on the premises.
(38)
Such accessory uses as are customary in connection with the foregoing uses and are incidental thereto.
(39)
Any other use determined by the zoning board of adjustment to be of the same general character and land use impact as the above specified uses.
(c)
Height and area. In the commercial district, the height of the buildings and the minimum dimensions of yards are as follows:
(1)
Height. Buildings hereafter erected or structurally altered shall exceed neither 45 feet nor three stories in height, and as referenced in section 40-7(1) and (2).
(2)
Side lot line setback. Buildings or parts of buildings hereafter erected or structurally altered shall have a minimum of 25 feet for each side lot line setback.
(3)
Front lot line setback. Twenty feet.
(4)
Rear lot line setback. There shall be a rear lot line setback having a minimum depth of 25 feet for a building two stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased five feet. See sections 40-5 and 40-7(4), (6), (7) and (8).
(5)
Lot coverage. The total ground floor of every building or part of building hereafter erected or structurally altered shall not exceed 35 percent of the total lot area to which it is attached.
(6)
Vision clearance. There shall be a vision clearance height of not less than ten feet extending from the curb level to the ceiling line of the ground floor, but in no case shall such vision clearance be less than 12 feet high. A vision corner shall be maintained in each quadrant of all intersections of streets, highways and/or railroads. The vision corner is a triangle bounded by the street, highway or railroad centerlines and a vision clearance setback line. The setback line connects points on each centerline which are located 250 feet back from the intersection of the centerline.
(d)
Conditional uses.
(1)
Microwave relay towers.
(2)
New substations, towers, lines and conduits related to energy and communications utilities, but not including repair, replacement, or minor extensions of such uses.
(Code 1988, § 17.36; Ord. of 1-27-2013; Ord. of 5-17-2016; Ord. No. 2020-4, 9-8-2020)
(a)
Purpose. The Light Industrial District is intended to provide locations for businesses that would have land use intensities, traffic, and visual impacts that would not be consistent with the purpose and development standards of the Commercial District but would be of a less intensive nature than the functional and visual impacts of the Heavy Industrial District. The district is also intended to further the town's economic development goals and benefits.
(b)
Use. In the Light Industrial District, no building or premises shall be used and no building hereafter be erected or structurally altered unless as permitted and regulated in the commercial district, except as otherwise provided in this chapter or for one or more of the following uses:
(1)
Wholesale business, warehouses, truck terminals and freight houses.
(2)
Bulk storage plants, but not including junkyards or the sale or storage of salvage materials.
(3)
Bakeries, printing plants, laundries, cleaning and dyeing plants, mechanical repair shops, including repair garages, bottling plants, experimental and manufacturing laboratories.
(4)
Woodworking plants, plants for the fabrication of sheet metal products and welding shops.
(5)
Any processing or treatment clearly incidental to the conduct of a permitted business or use.
(6)
Manufacturing, processing, assembling and/or packaging, and distribution of products when authorized by the board of adjustment, after holding a public hearing and finding that, in their opinion, the use will not be hazardous, offensive or objectionable due to odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water carried waste.
(c)
Height and area. In the light industrial district, the height of buildings and the minimum dimensions of yards are as follows:
(1)
Height. As specified in section 40-101 Industrial District.
(2)
Side lot line setback. As specified in the general Commercial District.
(3)
Front lot line setback. See section 40-145 setback distances
(4)
Lot coverage. As specified in the Commercial District.
(5)
Vision clearance. As specified in the Commercial District.
(Code 1988, § 17.37; Ord. of 1-27-2013; Ord. of 5-17-2016)
(a)
Purpose. This district has the same general purposes as for the Light Industrial District, except that the uses identified in the Industrial District have much greater visual, environmental, and neighborhood impacts that require more intensive development standards and greater review by the town government.
(b)
Use. In the Industrial District, unless otherwise provided in this chapter, buildings or land may be used for any purpose except the following:
(1)
Residential, educational or institutional uses, except a dwelling for a watchman or caretaker employed on the premises and members of his family.
(2)
Uses in conflict with any laws of the state or any ordinances of the county governing nuisances.
(c)
Conditional uses. Any of the following uses shall not be allowed unless or until the location of such use has been approved in writing as a conditional use by the town zoning agency after investigation and public hearing pursuant to section 40-97:
(1)
Abattoirs, except for slaughter of poultry.
(2)
Acid manufacture.
(3)
Cement, lime, gypsum or plaster of Paris manufacture.
(4)
Distillation of bones.
(5)
Explosives manufacture or storage.
(6)
Fat rendering.
(7)
Fertilizer manufacture.
(8)
Garbage, rubbish, offal or dead animal reduction or dumping.
(9)
Glue manufacture.
(10)
Junkyard.
(11)
Petroleum refining.
(12)
Smelting of tin, copper, zinc or iron ores.
(13)
Stockyards.
(14)
Garbage, trash or recycling transfer facilities.
(15)
Terminals and storage of explosive and flammable substance.
(d)
Height and area. In the Industrial District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally altered shall exceed neither 60 feet nor five stories in height. See section 40-7(2).
(2)
Side lot line setback. Twenty-five feet.
(3)
Front lot line setback. See section 40-145 setback distances.
(4)
Rear lot line setback. There shall be a rear lot line setback having a minimum depth of 25 feet for a building three stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased three feet.
(5)
Vision clearance. There shall be a vision clearance of not less than ten feet extending from the curb level to the ceiling line of the ground floor, but in no case shall such vision clearance be less than 12 feet high.
(Code 1988, § 17.38; Ord. of 1-27-2013; Ord. of 5-17-2016)
(a)
Placement. Mobile home parks shall only be permitted in the Manufactured Home Community District.
(b)
Use. In the Manufactured Home Community District, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except mobile homes, as defined in Wis. Stats. § 66.0435(1)(d). The term "residences," as used herein, means places of human habitation. Nothing herein shall be construed to restrict the erection and use of a permanent structure for an office for an operator of a mobile home park or for accessory building. The term "accessory buildings," as used herein, means a building used for housing washing machines and dryers for the use of inhabitants of a mobile home park, or any building used for the mobile home operator for storage or repair of equipment incidental to the operation of a mobile home park.
(c)
Restrictions and regulations.
(1)
There shall be no mobile home sales, except occasional sales by individual owners of mobile homes. The term "occasional sales," as used herein, is defined to mean sales on a non-regular basis by persons not engaged in the business of mobile home sales.
(2)
Mobile homes and mobile home parks (as defined by Wis. Stats. 66.0435(1)(cg)) shall comply with the following regulations:
a.
Mobile home parks shall contain a minimum area of five acres.
b.
The minimum space (as defined in Wis. Stats. § 66.0435(1)(i)) shall be 4,000 square feet.
c.
The minimum width of each space shall be 40 feet.
d.
The top of a mobile home (excluding the chimney) shall not be more than 15 feet from the ground.
e.
Mobile homes shall not be closer than 20 feet from each other.
f.
Each mobile home shall be no less than 15 feet from any roadway in the park. The term "roadway" is defined as any road in the park used for the driving of a motor vehicle, but does not include a driveway used only by the inhabitant of a mobile home, for the parking of his motor vehicle.
g.
No mobile home shall be closer than 50 feet to the right-of-way line of any federal, state or county highway.
h.
Each mobile home park shall be well drained, properly graded and free from stagnant pools of water. The drainage and grade of such parks shall be based upon reasonable regulations adopted by the town board.
i.
Each mobile home park shall have a drinking water and sanitary waste disposal system connection for each mobile home, and such system shall conform to any statute, rule or regulation of the department of natural resources or any county ordinance regulating them.
j.
Each mobile home park shall contain an area of not less than five percent of its total area for the recreational use of its inhabitants.
k.
Any roadway within a mobile home park shall be at least 40 feet wide. This restriction shall not apply to a driveway or parking area.
l.
Each space shall have a parking area or driveway sufficient to provide parking for at least one automobile, and no parking shall be permitted on any roadway within a park.
m.
Each mobile home park shall be clearly bounded by a hedge of trees.
(Code 1988, § 17.39; Ord. of 1-27-2013)
Community-based residential facilities may be located in any residential district, the Commercial District and in the General Agriculture District upon petition and approval of a conditional use permit being granted pursuant to section 40-97. Community-based residential facilities are prohibited in all other districts.
(Code 1988, § 17.40; Ord. of 1-27-2013)
In the Public Facilities And Institutional District, no building or premises shall be used and no building hereafter shall be erected or structurally altered unless as provided in this chapter.
(1)
Authorized uses.
a.
Faith-based buildings or structures.
b.
Schools.
c.
Libraries.
d.
Colleges and dormitories.
e.
Municipal buildings, structures, and parking facilities.
f.
Recreational and community centers.
g.
Cemeteries.
h.
Public airports.
(2)
Conditional uses.
a.
Sewage treatment facilities.
b.
Municipal solid waste facilities.
c.
Garbage, trash or recycling transfer stations or facilities.
d.
Correctional facilities.
e.
Telecommunications facilities.
f.
Private aircraft landing fields, basins or hangers.
(3)
Dimensional standards. The following dimensional standards shall apply to buildings and structures:
a.
Height. There shall be a maximum height of 60 feet.
b.
Setback. Highway setback lines are provided in section 40-145 or as established on a recorded subdivision plat or right-of-way plat.
c.
Side yard. There shall be a minimum side yard on both sides of the structure of 25 feet.
d.
Rear yard. There shall be a rear yard having a minimum depth of 25 feet.
e.
Lot coverage. The total ground floor of every building or part of a building hereafter erected or structurally altered shall not exceed 35 percent of the total lot area.
(Code 1988, § 17.41; Ord. of 1-27-2013)
- ZONING DISTRICTS
(a)
Purpose. This residential district is intended to provide for single-family homes in a lower density living environment.
(b)
Principal permitted uses. In the Residential District A, no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:
(1)
Single-family dwellings.
(2)
One private garage or the appropriate number of accessory buildings as specified in section 40-7(6).
(3)
Storage garages, but only when such storage garage is an accessory building to a multiple family dwelling, provided that the capacity of such storage garage shall not be more than one car per dwelling unit in the building to which it is accessory. Not more than two commercial vehicles of not more than 1&half-ton capacity each shall be stored in any storage garage.
(4)
Not over three boarders or lodgers not members of the family.
(5)
Railroad right-of-way and passenger depots, not including switching, storage, freight yards or siding.
(6)
Customary residential accessory uses.
(c)
Conditional uses.
(1)
Home occupations.
(2)
Professional offices.
(d)
Height and area. In the residential district, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally altered shall exceed neither 35 feet nor 2½ stories in height. See section 40-7(1), (2), and (3).
(2)
Side lot setback line. There shall be a side lot setback line on each side of a building. For buildings not over 1½ stories high, the sum of the widths of the required side lot setback lines shall not be less than 20 feet and no single side lot setback shall be less than eight feet in width. For buildings from 1½ stories to 2½ stories high, the sum of the widths of the required side lot setbacks shall not be less than 25 feet, and no single side lot setback shall be less than ten feet in width; provided, however, that on a single lot having a width of less than 60 feet and of record at the time of the passage of this chapter, the sum of the widths of the side lot setbacks shall be not less than the equivalent of four inches per foot of lot width for buildings not over 1½ stories high and five inches per foot of lot width for buildings from 1½ to 2½ stories high; provided further that the buildable width of any such lot in no case shall be reduced to less than 24 feet nor shall the width of any single side lot setback be less than 40 percent of the total required side lot setback widths.
(3)
Setback. See section 40-145, highway setback lines.
(4)
Rear lot line setback. There shall be a rear lot line setback having a minimum depth of 25 feet. See section 40-5(2), (7), (8); and 40-7(4).
(5)
Lot area per family. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area of not less than 10,000 square feet per family and no such lot shall be less than 75 feet in width at the front lot setback line. See sections 40-5(2), (8); and 40-7(5).
(Code 1988, § 17.30; Ord. of 1-27-2013)
(a)
Purpose. This residential district is intended to provide a higher density and diverse housing environment than the Residential District A by the addition of two-family dwelling opportunities.
(b)
Principal permitted uses. In the Residential District B, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:
(1)
Permitted uses in the Residential District A.
(2)
New two-family dwellings.
(3)
Conversion into a two-family dwelling of an existing one-family dwelling
(4)
Customary residential accessory uses.
(c)
Height and area. In the Residential District B the height of buildings, the minimum dimensions of setback areas and the minimum lot area per family shall be as follows:
(1)
Height. As specified in Residential District A.
(2)
Side yard. As specified in Residential District A.
(3)
Setback. As specified in Residential District A.
(4)
Rear yard. As specified in Residential District A.
(5)
Lot area per family. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area not less than 7,200 sq. ft. per family and no such lot shall be less than 60 feet in width. Every building hereafter erected or structurally altered for occupancy by two families shall provide a lot area not less than 3,600 sq. ft. per family and no such lot shall be less than 60 feet wide. See §§ 40-5(3), (8) and 40-7(5).
(d)
Conditional uses. Those conditional uses of the Residential District A.
(Code 1988, § 17.31; Ord. of 1-27-2013; Ord. of 5-17-2016; Ord. No. 2020-2, 3-10-2020)
(a)
Purpose. This residential district is intended to provide for a higher density and diverse living environment than provided in the Residential A and Residential B Districts.
(b)
Principal permitted uses. In Residential District C, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter except for one or more of the following uses:
(1)
Permitted uses in Residential District B, except as otherwise specified.
(2)
New multiple family dwellings.
(3)
Conversion into three or more family dwellings of an existing one- or two-family dwelling.
(4)
Planned unit development. When a planned unit development (PUD) is to be constructed, the planning and zoning commission may provide a recommendation to the town board to approve a development plan, provided it complies with the regulations of this chapter and the following:
a.
A map in duplicate, drawn to a minimum scale of 1" to 100' showing:
1.
The parcel boundaries and legal description.
2.
The parcel location.
3.
The legal description of the proposed PUD.
4.
The location and use of all structures.
5.
The ordinary high-water elevation of any navigable waters within 300 feet of parcel boundaries.
6.
Number of residential units.
7.
Proposed off-street parking areas.
8.
The location and style of exterior lighting and signage.
9.
The location of all public and private utilities.
b.
Any additional information deemed necessary to ensure compliance with this chapter.
In a planned unit development, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved final development and implementation plan, and shall be construed to be and enforced as a part of this chapter.
(c)
Conditional uses. Conditional uses of Residential District B.
(d)
Height and area. In Residential District C, the height of buildings, the minimum dimension of yards and the minimum lot area per family shall be as follows:
(1)
Height. As specified in Residential District A.
(2)
Side yard. As specified in Residential District A.
(3)
Setback. As specified in Residential District A.
(4)
Rear yard. As specified in Residential District A.
(5)
Lot area per family. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area of not less than 7,200 sq. ft. per family and no lot shall be less than 60 feet in width. Every building hereafter erected or structurally altered for occupancy by three or more families shall provide a lot area of not less than 2,500 sq. ft. per family, and no such lot shall be less than 60 feet wide. See §§ 40-5(2), (8) and 40-7(5).
(Code 1988, § 17.32; Ord. of 1-27-2013; Ord. of 5-17-2016; Ord. No. 2020-2, 3-10-2020; Ord. No. 2020-4, 9-8-2020)
(a)
Purpose. This zoning district is intended to provide diversity of land usage with a more rural living environment and rural atmosphere.
(b)
Use. In Rural Residential District, no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:
(1)
Any permitted use in Residential District A.
(2)
General farming, except farms operated for the disposal of garbage, rubbish, offal or sewage.
(3)
Roadside stands for the sale of farm products produced on the premises.
(4)
Signs not over eight square feet in area advertising the sale of farm products produced on the premises.
(5)
Printed bulletin displays: Signs not to exceed 325 square feet. Placement of bulletin boards along highways: Location from center of highway and distance away from intersections regulated by state highway commission.
(6)
Riding, training or boarding stables and paddocks.
(c)
Conditional uses. Microwave radio relay structures.
(d)
Height and area. In this section, buildings hereafter erected or structurally altered for human habitation will meet the requirements for height of buildings, the minimum dimensions of yards and the minimum lot area per family as follows:
(1)
Height. As specified in Residential District A.
(2)
Side yards. As specified in Residential District A.
(3)
Setback. As specified in Residential District A.
(4)
Rear yard. As specified in Residential District A.
(5)
Lot area per family. Every building hereafter erected, or structurally altered for occupancy by one family, shall provide a lot area of not less than 10,000 square feet per family, and no such lot shall be less than 75 feet in width.
(Code 1988, § 17.33; Ord. of 1-27-2013; Ord. No. 17.33(3)(e)-2014, 6-10-2014)
(a)
Approval required. Certain uses and situations which are of such a special nature, or are so dependent upon actual contemporary circumstances as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulations or conditions which would permit such determination in each individual situation, may be permitted as conditional uses in the residential districts and in the rural residential district, subject to such requirements as are hereinafter specified for each situation.
(b)
Application. Applications for conditional use permits shall be made on forms furnished by the town board, and shall include the following where pertinent and necessary for proper review by the town board:
(1)
A map (preferably a topographic map) in triplicate, drawn to a scale of not less than 200 feet to one inch showing the land in question; its legal description and location; location and use of buildings; sanitary systems and private water supplies on such land; the high-water elevation of any navigable waters within 300 feet of the land in question; and the proposed location and use of any buildings, sanitary systems and wells on such land and within 300 feet of such land in question.
(2)
Additional information as may be required by the town board, the county health commission or other public agencies, such as legal permits required by any state or federal agency for the operation of the proposed conditional use.
(3)
The application fee for a conditional use permit shall be determined by the town board. Costs incurred by the town board in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of conditional use applications and preparation of conditions to be imposed on such uses shall be charged to the applicant, and if required by the town board, a fee covering such costs shall accompany the application.
(4)
The application shall bear the signature of the applicant or applicant's agent, with address and phone number. The applicant shall be the owner of the land or the lessee or agent. In all cases, the owner of the land and the operator of the proposed conditional use shall be identified on the application.
(5)
Approved conditional uses do not go with the land, but only to the person or entity for whom the conditional use permit is issued to. Upon any change of ownership or lessee of the conditional use, an extension and reassignment of the conditional use permit shall be applied for and require the review and approval of the town board.
(c)
Public hearing. Upon receipt of the application, the foregoing data and fees, a public hearing will be held at a regular meeting of the town board, publication and notices thereof to be the same as that under the applicable state public hearing requirement.
(d)
Final review and approval. The town board shall review the proposal as submitted. Any conditions deemed necessary by the town board shall be made an integral part of the permit. These conditions shall be complied with by the applicant and any deviation or alteration of those conditions set forth in the permit shall constitute a violation of the terms of the conditional use permit. Such violation shall constitute a violation of this ordinance and will be subject to prosecution and penalties under the terms of this article.
(e)
Application for change of conditional use permit. If any holders of a conditional use permit wishes to extend or alter the terms of such permit, he must apply for such extension or alteration through the procedure of application for conditional use permits detailed herein.
(f)
Expiration of conditional use status.
(1)
Conditional use status will terminate when, after public hearing, the town board determines any of the following:
a.
The conditional use has not continued in conformity with the conditions of the permit.
b.
Upon the request of the town board, a change in the character of the surrounding area or in the conditional use itself causes such use to be no longer compatible with surrounding uses.
c.
The conditional use has been discontinued for a period of 12 consecutive or 18 cumulative months in a three-year period. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive.
(2)
Upon such determination, the owner of the premises shall be required to bring all such land and buildings into conformity with the district regulations of the district in which such former conditional use is located, and all other provisions of this chapter within 90 days from such determination.
(g)
Uses authorized by conditional use permit in residential districts. The following conditional uses may be authorized in the respective districts in addition to those conditional uses that may be specified in each of those districts:
(1)
Golf courses, except miniature courses and practice driving tees, operated for commercial purposes, including such buildings, structures and uses that are necessary for their operation, except those the chief activity of which is a service carried on as a business.
(2)
Funeral home.
(3)
Group home.
(4)
Home occupations other than those provided under the definition in section 40-4.
(5)
Hospitals, clinics, medical and dental offices.
(6)
Nursery schools, day nurseries and child care centers (not including dormitories); provided that for each child cared for there shall be provided and maintained, in addition to the required yard area, a minimum of 200 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 8,000 square feet and shall be screened from any adjoining residential lot.
(7)
Private clubs, fraternities and lodges, except those whose chief activity is one customarily carried on as a business. Any expansion of this use involving the enlargement of buildings, structures and land areas devoted to such use, shall be subject to the granting of a conditional use permit.
(8)
Telephone buildings, exchanges, lines and static transformer stations provided there is no service garage or storage yard; radio and television stations and microwave relay structures.
(9)
Truck gardening; nurseries and greenhouses only for the propagation of plants, provided that greenhouse heating plants shall be not less than 60 feet from every lot line.
(10)
Farm buildings on an existing farm, provided that buildings in which farm animals are kept shall be at least 100 feet from the nearest residence or non-farm lot. Farm buildings housing animals, barn yards or feed lots shall be at least 100 feet from any navigable water and shall be located so that manure will not drain into any watercourse, pond or stream.
(h)
Uses authorized by conditional use permit in the Rural Residential District.
(1)
Golf courses.
(2)
Funeral home.
(3)
Home occupations other than those provided under the definition in section 40-4.
(4)
Nursery schools, day nurseries and child care centers (not including dormitories); provided that for each child cared for there shall be provided and maintained, in addition to the required yard area, a minimum of 200 square feet of outdoor play area. Such play area shall have a total minimum area of not less than 12,000 square feet and shall be screened from any adjoining residential lot.
(5)
Private clubs, fraternities and lodges, except those whose chief activity is one customarily carried on as a business. Any expansion of this use involving enlargement of buildings, structures and land area devoted to such use shall be subject to the granting of a conditional use permit.
(6)
Telephone buildings, static transformer stations, service garages and storage yards, radio and television stations and microwave radio relay structures.
(7)
Sewage treatment plants.
(8)
Aircraft landing fields.
(9)
Contractor's storage yards, when any such yard shall be so placed, or so screened by a shrub or tree planting so as not to be visible from any public highway or any residential building other than that of the owner of such yard, his agent or employee.
(10)
Fur farms, when located not less than 400 feet from any residential building other than that of the owner of the premises, his agent or employee and not less than 200 feet from the right-of-way line of any federal, state, or county trunk highway or town road.
(11)
Kennels, when located not less than 600 feet from any residential building other than that of the owner of such kennels, his agent or employee.
(12)
Animal hospitals, when any building devoted wholly or partly to such uses or accessory thereto shall be distant not less than 150 feet from any residential building not on the same premises.
(13)
Saw mills, when located on the same farm premises for more than 30 days.
(i)
Conditions which may be attached to a conditional use permit in an Industrial District. Upon consideration of information supplied at the public hearing, the following conditions may be attached to the granting of a conditional use permit:
(1)
Increased setbacks and yards.
(2)
Specifications for water supply, liquid waste and solid waste disposal facilities.
(3)
Landscaping and planting screens.
(4)
Sureties.
(5)
Operational controls and time of operation.
(6)
Air pollution controls.
(7)
Erosion prevention measures.
(8)
Location of the use.
(9)
Similar requirements found necessary to fulfill the purpose and intent of this chapter.
(10)
Compliance with the county solid waste management plan and any other county comprehensive plan provided in this Code or otherwise approved by the county.
(11)
For garbage, trash or recycling transfer stations used for the purpose of unloading and reloading garbage, trash, or recycling materials, the following conditions shall also apply:
a.
The location is at least 500 feet from a floodplain, wetland, endangered and protected flora and fauna habitats, sites of historical, archeological or cultural significance, prime agricultural land, park land or preserves.
b.
The location and operation complies with federal regulations for operation in proximity to airports.
(Code 1988, § 17.34; Ord. of 1-27-2013)
(a)
Purpose. This district is intended to provide areas within the town for non-urban uses of an agricultural nature where the land capability is conducive to such use and where the town's land use planning indicates that general agricultural is an appropriate land use within the context of total town land usage and compatibility with adjacent land use, particularly housing usage.
(b)
Use. In the General Agricultural District, no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:
(c)
Principal permitted uses.
(1)
Forest preserves forestry and the production of forest products.
(2)
The harvesting of any wild crops such as marsh hay, ferns, moss, berries or seeds.
(3)
Greenhouses and nurseries.
(4)
General farming, but not including confined animal feeding operations.
(5)
Kennels, fur and animal farms.
(6)
Aircraft landing fields, basins and hangers.
(7)
Fire control structures.
(8)
Public and private parks, playgrounds, camps, golf courses, riding and shooting clubs, amusement parks.
(9)
Organized recreational camps, motels and tourist camps when such camps provide not less than 4,000 square feet of lot area for each cabin, trailer, tent or housecar, and when such camp is clearly bounded by a fence or hedge and is located not less than 1,000 feet from the boundary of any residential district; provided further, that no person or party other than the owner shall occupy such tourist camp for more than 90 days in any one year.
(10)
Hunting, fishing and trappers cabins and boat liveries.
(11)
The residence of the farm owner and a watchman, caretaker or supervisor employed on the premises and his family.
(d)
Conditional uses.
(1)
Mines, quarries and gravel pits
(2)
Processing and manufacturing of natural resources indigenous to the county
(3)
Hydroelectric power and flood control dams and structures
(4)
Telephone, telegraph and power transmission lines and buildings, and microwave radio relay structures.
(e)
Height and area. Buildings hereafter erected or structurally altered for human habitation shall be subject to all height and area regulations established for similar buildings in the Rural Residential District.
(Code 1988, § 17.35; Ord. of 1-27-2013)
(a)
Purpose. This zoning district is intended to provide locations for general business activity for the purpose of providing commercial products and services to town residents and visitors, and in a pattern that avoids conflicts with residential uses and living environments. The district is further intended to further the town's economic development policies and promote job development and tax base growth.
(b)
Use. In the Commercial District, no building or premises shall be used and no building shall hereafter be erected or structurally altered, except for the permitted uses found in the Residential A District on those lots which had single-family residences already in existence on January 22, 2013 (see appendix A to Ordinance No. 17.11, 5-17-2016), unless otherwise provided in this chapter. Any of the following specified uses are allowed:
(1)
Any use authorized in the Residential "C" District. See Section 40-95 (b). In any case where a property is used for both commercial and residential uses, it must meet the height, side yard, lot area, and lot width regulated by the principal use of the property.
(2)
Animal hospital and pet shop.
(3)
Art shop, gift shop, jewelry store and optical store.
(4)
Automobile sales and service establishment, public garage, parking lot.
(5)
Bank and financial institution, brokerage and pawn broker.
(6)
Bakery (retail).
(7)
Barbershop and beauty parlor.
(8)
Book and stationery store.
(9)
Bowling alley, pool and billiard room, gymnasium, dancing school, dance hall, skating rink, theatre, except drive-in theatre and stock car race tracks.
(10)
Candy store, confectionery store, ice cream store, soda fountain, soft drink stand.
(11)
Clinic.
(12)
Convention and exhibition hall.
(13)
Cleaning and dyeing establishment.
(14)
Department store.
(15)
Dress shop, clothing store, dry goods store, notion shop, hosiery shop, tailor shop, shoe store.
(16)
Drug store, pharmacy.
(17)
Farm machinery sales and service.
(18)
Filling stations and convenience stores.
(19)
Food products (retail), grocery store (retail), delicatessen, meat and fish market, fruit and vegetable store, tea and coffee store, food locker plants but not slaughtering.
(20)
Florist shop.
(21)
Feed and flour mill.
(22)
Hardware and paint store.
(23)
Household appliance store, furniture store, plumbing, heating and electrical supplies, crockery store.
(24)
Hotel.
(25)
Lumber, fuel and supply yards.
(26)
Music store, radio store, radio broadcast studio.
(27)
Newsstand.
(28)
Photography studio, photographer's supplies.
(29)
Railroad and bus depot and truck terminal.
(30)
Restaurant, cafeteria, lunch room, refreshment stand, caterer, tavern, bar.
(31)
Telephone and telegraph office.
(32)
Temporary structure.
(33)
Tobacco and pipe store.
(34)
Undertaking establishment.
(35)
Warehouses not in excess of 100,000 square feet and not more than two stories high.
(36)
Businesses whose primary function is providing services or products involving the use of computer and telecommunications related technologies, but not the production of such products.
(37)
Any other uses similar in character and the processing or treatment of products clearly incidental to the conduct of a retail business on the premises.
(38)
Such accessory uses as are customary in connection with the foregoing uses and are incidental thereto.
(39)
Any other use determined by the zoning board of adjustment to be of the same general character and land use impact as the above specified uses.
(c)
Height and area. In the commercial district, the height of the buildings and the minimum dimensions of yards are as follows:
(1)
Height. Buildings hereafter erected or structurally altered shall exceed neither 45 feet nor three stories in height, and as referenced in section 40-7(1) and (2).
(2)
Side lot line setback. Buildings or parts of buildings hereafter erected or structurally altered shall have a minimum of 25 feet for each side lot line setback.
(3)
Front lot line setback. Twenty feet.
(4)
Rear lot line setback. There shall be a rear lot line setback having a minimum depth of 25 feet for a building two stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased five feet. See sections 40-5 and 40-7(4), (6), (7) and (8).
(5)
Lot coverage. The total ground floor of every building or part of building hereafter erected or structurally altered shall not exceed 35 percent of the total lot area to which it is attached.
(6)
Vision clearance. There shall be a vision clearance height of not less than ten feet extending from the curb level to the ceiling line of the ground floor, but in no case shall such vision clearance be less than 12 feet high. A vision corner shall be maintained in each quadrant of all intersections of streets, highways and/or railroads. The vision corner is a triangle bounded by the street, highway or railroad centerlines and a vision clearance setback line. The setback line connects points on each centerline which are located 250 feet back from the intersection of the centerline.
(d)
Conditional uses.
(1)
Microwave relay towers.
(2)
New substations, towers, lines and conduits related to energy and communications utilities, but not including repair, replacement, or minor extensions of such uses.
(Code 1988, § 17.36; Ord. of 1-27-2013; Ord. of 5-17-2016; Ord. No. 2020-4, 9-8-2020)
(a)
Purpose. The Light Industrial District is intended to provide locations for businesses that would have land use intensities, traffic, and visual impacts that would not be consistent with the purpose and development standards of the Commercial District but would be of a less intensive nature than the functional and visual impacts of the Heavy Industrial District. The district is also intended to further the town's economic development goals and benefits.
(b)
Use. In the Light Industrial District, no building or premises shall be used and no building hereafter be erected or structurally altered unless as permitted and regulated in the commercial district, except as otherwise provided in this chapter or for one or more of the following uses:
(1)
Wholesale business, warehouses, truck terminals and freight houses.
(2)
Bulk storage plants, but not including junkyards or the sale or storage of salvage materials.
(3)
Bakeries, printing plants, laundries, cleaning and dyeing plants, mechanical repair shops, including repair garages, bottling plants, experimental and manufacturing laboratories.
(4)
Woodworking plants, plants for the fabrication of sheet metal products and welding shops.
(5)
Any processing or treatment clearly incidental to the conduct of a permitted business or use.
(6)
Manufacturing, processing, assembling and/or packaging, and distribution of products when authorized by the board of adjustment, after holding a public hearing and finding that, in their opinion, the use will not be hazardous, offensive or objectionable due to odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water carried waste.
(c)
Height and area. In the light industrial district, the height of buildings and the minimum dimensions of yards are as follows:
(1)
Height. As specified in section 40-101 Industrial District.
(2)
Side lot line setback. As specified in the general Commercial District.
(3)
Front lot line setback. See section 40-145 setback distances
(4)
Lot coverage. As specified in the Commercial District.
(5)
Vision clearance. As specified in the Commercial District.
(Code 1988, § 17.37; Ord. of 1-27-2013; Ord. of 5-17-2016)
(a)
Purpose. This district has the same general purposes as for the Light Industrial District, except that the uses identified in the Industrial District have much greater visual, environmental, and neighborhood impacts that require more intensive development standards and greater review by the town government.
(b)
Use. In the Industrial District, unless otherwise provided in this chapter, buildings or land may be used for any purpose except the following:
(1)
Residential, educational or institutional uses, except a dwelling for a watchman or caretaker employed on the premises and members of his family.
(2)
Uses in conflict with any laws of the state or any ordinances of the county governing nuisances.
(c)
Conditional uses. Any of the following uses shall not be allowed unless or until the location of such use has been approved in writing as a conditional use by the town zoning agency after investigation and public hearing pursuant to section 40-97:
(1)
Abattoirs, except for slaughter of poultry.
(2)
Acid manufacture.
(3)
Cement, lime, gypsum or plaster of Paris manufacture.
(4)
Distillation of bones.
(5)
Explosives manufacture or storage.
(6)
Fat rendering.
(7)
Fertilizer manufacture.
(8)
Garbage, rubbish, offal or dead animal reduction or dumping.
(9)
Glue manufacture.
(10)
Junkyard.
(11)
Petroleum refining.
(12)
Smelting of tin, copper, zinc or iron ores.
(13)
Stockyards.
(14)
Garbage, trash or recycling transfer facilities.
(15)
Terminals and storage of explosive and flammable substance.
(d)
Height and area. In the Industrial District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally altered shall exceed neither 60 feet nor five stories in height. See section 40-7(2).
(2)
Side lot line setback. Twenty-five feet.
(3)
Front lot line setback. See section 40-145 setback distances.
(4)
Rear lot line setback. There shall be a rear lot line setback having a minimum depth of 25 feet for a building three stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased three feet.
(5)
Vision clearance. There shall be a vision clearance of not less than ten feet extending from the curb level to the ceiling line of the ground floor, but in no case shall such vision clearance be less than 12 feet high.
(Code 1988, § 17.38; Ord. of 1-27-2013; Ord. of 5-17-2016)
(a)
Placement. Mobile home parks shall only be permitted in the Manufactured Home Community District.
(b)
Use. In the Manufactured Home Community District, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except mobile homes, as defined in Wis. Stats. § 66.0435(1)(d). The term "residences," as used herein, means places of human habitation. Nothing herein shall be construed to restrict the erection and use of a permanent structure for an office for an operator of a mobile home park or for accessory building. The term "accessory buildings," as used herein, means a building used for housing washing machines and dryers for the use of inhabitants of a mobile home park, or any building used for the mobile home operator for storage or repair of equipment incidental to the operation of a mobile home park.
(c)
Restrictions and regulations.
(1)
There shall be no mobile home sales, except occasional sales by individual owners of mobile homes. The term "occasional sales," as used herein, is defined to mean sales on a non-regular basis by persons not engaged in the business of mobile home sales.
(2)
Mobile homes and mobile home parks (as defined by Wis. Stats. 66.0435(1)(cg)) shall comply with the following regulations:
a.
Mobile home parks shall contain a minimum area of five acres.
b.
The minimum space (as defined in Wis. Stats. § 66.0435(1)(i)) shall be 4,000 square feet.
c.
The minimum width of each space shall be 40 feet.
d.
The top of a mobile home (excluding the chimney) shall not be more than 15 feet from the ground.
e.
Mobile homes shall not be closer than 20 feet from each other.
f.
Each mobile home shall be no less than 15 feet from any roadway in the park. The term "roadway" is defined as any road in the park used for the driving of a motor vehicle, but does not include a driveway used only by the inhabitant of a mobile home, for the parking of his motor vehicle.
g.
No mobile home shall be closer than 50 feet to the right-of-way line of any federal, state or county highway.
h.
Each mobile home park shall be well drained, properly graded and free from stagnant pools of water. The drainage and grade of such parks shall be based upon reasonable regulations adopted by the town board.
i.
Each mobile home park shall have a drinking water and sanitary waste disposal system connection for each mobile home, and such system shall conform to any statute, rule or regulation of the department of natural resources or any county ordinance regulating them.
j.
Each mobile home park shall contain an area of not less than five percent of its total area for the recreational use of its inhabitants.
k.
Any roadway within a mobile home park shall be at least 40 feet wide. This restriction shall not apply to a driveway or parking area.
l.
Each space shall have a parking area or driveway sufficient to provide parking for at least one automobile, and no parking shall be permitted on any roadway within a park.
m.
Each mobile home park shall be clearly bounded by a hedge of trees.
(Code 1988, § 17.39; Ord. of 1-27-2013)
Community-based residential facilities may be located in any residential district, the Commercial District and in the General Agriculture District upon petition and approval of a conditional use permit being granted pursuant to section 40-97. Community-based residential facilities are prohibited in all other districts.
(Code 1988, § 17.40; Ord. of 1-27-2013)
In the Public Facilities And Institutional District, no building or premises shall be used and no building hereafter shall be erected or structurally altered unless as provided in this chapter.
(1)
Authorized uses.
a.
Faith-based buildings or structures.
b.
Schools.
c.
Libraries.
d.
Colleges and dormitories.
e.
Municipal buildings, structures, and parking facilities.
f.
Recreational and community centers.
g.
Cemeteries.
h.
Public airports.
(2)
Conditional uses.
a.
Sewage treatment facilities.
b.
Municipal solid waste facilities.
c.
Garbage, trash or recycling transfer stations or facilities.
d.
Correctional facilities.
e.
Telecommunications facilities.
f.
Private aircraft landing fields, basins or hangers.
(3)
Dimensional standards. The following dimensional standards shall apply to buildings and structures:
a.
Height. There shall be a maximum height of 60 feet.
b.
Setback. Highway setback lines are provided in section 40-145 or as established on a recorded subdivision plat or right-of-way plat.
c.
Side yard. There shall be a minimum side yard on both sides of the structure of 25 feet.
d.
Rear yard. There shall be a rear yard having a minimum depth of 25 feet.
e.
Lot coverage. The total ground floor of every building or part of a building hereafter erected or structurally altered shall not exceed 35 percent of the total lot area.
(Code 1988, § 17.41; Ord. of 1-27-2013)