Lowell Town City Zoning Code
ARTICLE II
General Provisions
§ 295-8 Jurisdiction and compliance.
A.
Jurisdiction. The jurisdiction of this chapter shall include all lands and water within the Town of Lowell, Dodge County, Wisconsin, lying outside the limits of incorporated cities and villages. In those areas under the dual jurisdiction of the Town of Lowell and Dodge County, both ordinances shall be in full effect and all requirements shall be met.
B.
Compliance. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit, except minor structures, and full compliance with the provisions of this chapter and all other applicable Town, county and state regulations.
§ 295-9 Use restrictions.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district and their essential services shall be permitted in that district.
B.
Conditional uses. Provisions applicable to conditional uses generally:
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Town Board in accordance with Article IV of this chapter, excepting those existent at time of adoption of this chapter.
(2)
Those existing uses which are classified as "conditional uses" for the district(s) in which they are located at the time of adoption of this chapter require no action by the Town Board to continue as valid conditional uses.
(3)
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Town Board in accordance with Article IV.
(4)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Town Board in accordance with Article IV.
(5)
Provisions in this chapter relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provision would then control), be deemed to be applicable to both regular and limited conditional uses.
(6)
Conditional uses authorized by Town Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
C.
Accessory uses and structures. Accessory uses and structures are permitted in any district but not until their principal use or structure is present or under construction, except for agricultural structures on nonsubstandard lots zoned AG-1 or AE. Residential accessory uses shall not involve the conduct of any business, trade, or industry, except for home occupations/professional home offices as defined in this chapter.
[Amended 4-9-2019 by Ord. No. 2019-3 (Attachment A)]
D.
Temporary uses.
(1)
The Town Plan Commission may permit temporary uses, which may include, but not be limited to, real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, seasonal structure or temporary sales structures, etc. Mobile homes having a floor area of at least 700 square feet may also be permitted as temporary uses when provided under the following circumstances:
(2)
In addition, the Plan Commission shall require that all temporary mobile homes shall be firmly anchored per state regulations to resist movement caused by high winds, floodwaters, or other forces. All mobile homes shall meet the minimum construction requirements of the Mobile Home Manufacturing Association.
(3)
The authorization of a temporary use by the Town Board shall remain in effect for a period of up to one year, unless otherwise provided for as a condition of the approval of the permit, upon recommendation of the Plan Commission. In authorizing a temporary use, the Town Board shall find that such use is reasonably compatible with adjacent properties and the surrounding neighborhood in terms of operation and appearance. Temporary uses shall meet the applicable requirements for principal structures and uses in the district they are located in and shall meet any additional requirements affecting the operation, appearance or location which may be established by the Town Board.
[Amended 4-9-2019 by Ord. No. 2019-3 (Attachment A)]
E.
Unclassified or unspecified uses. Unclassified or unspecified uses may be recommended by the Plan Commission and approved by the Town Board, provided that such uses are similar in character to the principal uses existing in the district, and that no material detriment to adjoining property will result; such uses shall be reviewed and processed as a conditional use.
§ 295-10 Reduction or joint use.
No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
§ 295-11 Site regulations.
A.
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Town Board by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Town Board, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires.
B.
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 75 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located. All lots shall also have a minimum width at the street yard setback as prescribed for the particular zoning district in which the lot is located.
C.
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot, except that the Town Board, upon the recommendation of the Plan Commission, may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Town Board may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
D.
Dedicated street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
E.
Decks. For purposes of this chapter, decks shall be considered a part of a building or structure for setback purposes, but shall not be counted for purposes of determining dwelling square footage.
F.
Front line projections. No alterations to any building, except uncovered steps, shall project into the front yard established at the time of the original construction of such building beyond a line connecting the nearest points on the setback lines of the next existing buildings on each side of such building.
G.
Floor size; foundation. All dwellings shall conform to a minimum floor size and be set upon a permanent footed foundation or a permanent footed slab.
H.
Height and yard exceptions. The regulations contained herein relating to the heights of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
(1)
Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding 65 feet nor five stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(2)
Chimneys, cooling towers, elevator bulkheads, fire towers, silos, monuments, penthouses, setbacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts or aerials, telephone, telegraph and power poles and lines, microwave radio relay structures, and necessary mechanical appurtenances are hereby excepted from the height regulations of this section and may be erected in accordance with the other regulations or ordinances of the Town of Lowell.
(3)
Residences in the residence and agricultural districts may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot by which such building exceeds the height limit of the district in which it is located.
(4)
Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
(5)
Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets be complied with.
(6)
Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet, provided they be so located as not to obstruct light and ventilation.
I.
Private sewer and water. In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with the Wisconsin Administrative Code. In any district where a public water service or public sewage service is not available, the lot width and area shall be increased in accordance with the Wisconsin Administrative Code.
J.
Professional assistance. The Plan Commission may request expert assistance from regional, state, or federal agencies which are assisting such district under a Memorandum of Understanding.
K.
Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs and flowers and gardens.
L.
Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 30 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.
M.
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories, such as pools, fountains, statuary, flag poles, etc., shall be permitted in setback areas but not closer that three feet to an abutting property line other than a street line.
N.
Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six feet in height and a terrace of at least three feet in width shall be provided between any series of such walls, and provided further that along a street frontage no such wall shall be closer than three feet to the property line.
§ 295-12 Highway setback lines.
[Amended 4-1-2004 by Ord. No. 2004-3 (Exhibit "A")]
A.
Purpose. In order to promote and enhance the public safety, general welfare and convenience, it is necessary that highway setback lines be and they are hereby established in the Town of Lowell, Dodge County, Wisconsin, outside the limits of incorporated cities and villages; along all public highways; at the intersections of highways with highways and highways with railways as hereafter provided, and at the water's edge on riparian lands.
B.
Riparian land setbacks. The setback line on riparian lands shall be the waterline as defined in the Dodge County Shoreland Zoning Ordinance.
C.
Classes of highways and center lines. Highways are classified and the position of the center line shall be determined as follows:
(1)
Class 1 highways.
(a)
Town roads not otherwise classified that have not been improved in accordance with engineering surveys and plans accepted by the County or Town Board. The center line is the midway point between the edges of the road surface.
(b)
Town roads not otherwise classified that have been improved in accordance with engineering surveys and plans accepted by the County or Town Board. The center line is at the center of the surfacing or pavement or, if there be none, the center of graded roadbed.
(c)
Roads and streets in platted subdivisions not otherwise classified. The center line is the midpoint between the edges of the road surface.
(d)
Private roads. The center line is at the midpoint between the edges of the road surface.
(2)
Class 2 highways.
(a)
County trunk highways that have not been improved in accordance with engineering surveys or plans accepted by the County Board or its agent, the County Highway Committee. The center line is at the midway point between fences or other markers indicating the boundary on opposite sides thereof.
(b)
County trunk highways that have been improved according to engineering surveys and plans accepted by the County Board or its agent, the County Highway Committee. The center line is the center of the surfacing or pavement, or if there be none, the center of the graded roadbed.
(3)
Class 3 highways. State trunk highways, except as hereinafter provided, that have been approved according to surveys and plans of the Department of Transportation or plans accepted by the County Board, and United States highways. The center line is the center of the roadbed, or the center of the surfacing or pavement of the adjacent lane if the highway is to be paved as a double-divided road.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Structures prohibited within setback lines. No new building, mobile home, new sign or other structure or part thereof shall be placed between the setback lines established in this section and the highway, except as provided by this section, and no building, mobile home, sign or structure or part thereof existing within such setback lines on the original effective date of this chapter shall be altered, enlarged or added to in any way that increases or prolongs the permanency thereof, or be reconstructed in its original existing location after having been destroyed by fire, storm or other catastrophe to the extent of 50% or more of its current value as determined by the Town Assessor.
E.
Structures permitted within setback lines. The following kinds of structures may be placed between the setback line and the highway:
(1)
Open fences.
(2)
Telephone, telegraph and power transmission poles and lines and microwave radio relay structures may be constructed within the setback lines, and additions to and replacements of existing structures may be made, provided the owner files with the Town Board an agreement, in writing, to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of this section at his expense when necessary for the improvement of the highway.
(3)
Underground structures not capable of being used as foundations for future prohibited overground structures.
(4)
Access or service highways constructed according to plans as approved by the Board of Appeals. In giving such approval, the Board of Appeals shall give due consideration to highway safety and maximum sight distances.
(5)
Sanitary drainfields.
(6)
This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees; provided, however, that no building or structure, trees or shrubbery shall be so located, maintained or permitted to grow so that the view across the sectors at the intersections shall be obstructed.
F.
Setback distances. Except as otherwise provided, the distances from the center line or nearest right-of-way edge to the setback line applicable to the various classifications of highways, as defined in Subsection C above, shall be as provided by the following subsections of this subsection, respectively:
(1)
Improved highways. Whenever a highway is improved to a classification requiring a greater setback distance than that required by this subsection prior to such improvement, the setback distance shall be that applicable to the latter classification.
(2)
Conflicting setbacks. In cases where the provisions of this subsection may be interpreted to provide for different setback distances, the greater setback distance shall prevail.
(3)
Along highways generally. The setback distances at any point for the respective classes of highways shall be as follows:
(a)
Class 1 highway (designated and undesignated Town roads): 75 feet from the center line or 42 feet from the nearest edge of the right-of-way, whichever is greater.
(b)
Class 2 and Class 3 highways (federal, state, and county highways): 100 feet from the center line or 67 feet from the nearest edge of the right-of-way, whichever is greater.
(4)
At ordinary highway intersections. At grade intersections of highways with highways, except those roads and streets in platted subdivisions which do not intersect Class 2 Highways or Class 3 Highways, there shall be vision clearance triangles in each sector of such intersections. Each such vision clearance triangle shall be established by a supplementary setback line, which shall be a straight line connecting points on the setback lines along the intersecting highways and 50 feet back from the intersection of such setback lines.
(5)
At highway intersections with transitional widening. At intersections provided with transitional widening of pavement or surfacing, such transitional widening shall be considered as additional width, and the setback line on the side which is widened shall be increased by an amount equal to the width of the additional pavement.
(6)
At highway intersections with curve connections. At intersections where the intersecting highways are connected with pavement or surfacing constructed on a curve, the setback distance along the curve shall be measured from the center of the curved section.
(7)
At railroad grade crossings. At railroad grade crossings there shall be vision clearance triangles in each sector of such intersection. Each such vision clearance triangle shall be established by a supplementary setback line, which shall be a straight line connecting points on the railway right-of-way line and the highway setback line and 75 feet back from the intersection of such highway setback lines and such railway right-of-way line.
§ 295-13 Minimum residential dwelling standards.
A.
All residential dwellings shall be covered with a roof pitched at a minimum slope of three inches to 12 inches which is permanently covered with nonreflective material. Such homes shall have a pitched roof and overhang eaves with a minimum twelve-inch overhang, measured from the vertical sides of the structure. Carports shall be excluded from this requirement.
B.
Dwellings shall have a roofing material of a type customarily found on conventionally constructed dwellings, including wood shakes or shingles, asphalt composition shingles, fiberglass composition shingles, but not reflective corrugated metal or corrugated fiberglass.
C.
The Building Inspector may issue exceptions to the requirements in the above subsections when warranted by design considerations and technical information is provided supporting the feasibility of the exception, provided that such exception shall not exceed 25% of the structure's roof area (excluding carports).
E.
The minimum residential building square footage shall be 1,200 square feet.
F.
Substandard dwellings prohibited.
[Amended 7-13-2010 by Ord. No. 2010-1]
(1)
After the effective date of this chapter, the construction, installation and/or moving of dwellings within the Town that do not meet the minimum requirements established in § 295-13 herein, including traditional mobile homes, manufactured homes, modular homes, or any other building or structure intended to be occupied as a dwelling unit, is prohibited.
(2)
This restriction is not intended to affect the replacement of an existing mobile home that was legally installed or located on a lot or parcel prior to August 1, 2010, provided that the replacement mobile home is:
(3)
To ensure dwellings moved into the Town meet the requirements herein, an inspection permit shall be required with an inspection conducted by the Plan Commission prior to moving the dwelling into the Town.
§ 295-14 Storage standards.
A.
Abandoned motor vehicles. The storage of a motor vehicle which is abandoned, junked or mechanically inoperative and not currently licensed shall be prohibited in all districts when not fully in compliance with Chapter 278, Vehicles, Unlicensed, with the exception of AG-1 unless such a vehicle is completely enclosed in a permitted structure or is stored outside and is fully screened so as not to be visible from the street or road.
B.
Outdoor storage.
(1)
Applicability. This section is intended to apply to outdoor storage areas which are legal, nonconforming uses as of the effective date of this chapter. This section does not legalize any outdoor storage that was illegal as of the effective date of this chapter.
(2)
Outdoor storage standards. Outdoor storage on residential lots less than five acres in an unenclosed or unsheltered area, of any goods, materials, merchandise, and vehicles is allowed as a conditional use, provided that:
(a)
Front yard storage. No storage of items is allowed in the front yard except on lake lots.
(b)
Side/rear yard requirements. The stored items shall be maintained in an orderly fashion in side or rear yards and shall be a minimum of 20 feet from the side and rear property lines. Items stored in the side and rear yards shall be screened from public view by a fence, landscaping, or wall so they are not viewed from the street within 50 feet of the buildings.
§ 295-15 Surface water drainage.
A.
Adequate drainage required. No principal building shall be erected, structurally altered, or relocated on land which is not adequately drained at all times nor which is subject to periodic flooding, nor so that the lowest floor level is less than two feet above the highest anticipated seasonal groundwater level.
B.
Obstruction to drainage prohibited. The damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with approval of the Plan Commission, Dodge County, DNR and Army Corps of Engineers.
C.
Building restricted adjacent to drainage channels or watercourses which are navigable by fact. No building other than a bridge, dam or revetment subject to the aforesaid approval shall be erected, structurally altered or relocated within 75 feet of the ordinary high-water line of such surface water drainage channel or natural watercourse nor so that the lowest floor of said building is less than two feet above the ordinary high-water line and meet county and state regulations.
D.
Stormwater management plan required. A stormwater management plan shall be prepared for new development projects and shall include, but not be limited to, the following:
(1)
Existing and proposed topography at two-foot contour intervals of the proposed development.
(2)
Proposed elevations of all streets, internal sidewalks, drives, and off-street parking areas.
(3)
Proposed drainage swales.
(4)
Proposed storm sewers, manholes, and inlets.
(5)
Construction site erosion facilities.
(6)
A report and map(s) showing the drainage basin for the entire area where the development is located, including an estimate of the total acreage in the drainage basin and percentage of the drainage basin within the proposed development.
(7)
Location of any planned stormwater detention and/or retention basins and applicable calculations for their sizing and design. Drainage of on-site stormwater shall not be in excess of the stormwater which existed before the development.
(8)
Calculations relating to the amount of runoff from the site of the proposed development prior to development and anticipated runoff following the development of the site.