1. A.
   Jurisdiction. The jurisdiction of this chapter shall include all lands and water within the town.
2. 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 full compliance with the provisions of this chapter and all other applicable town, county and state regulations.

(Code 2006, § 13-1-20)

Effective on: 1/1/1901

The following restrictions and regulations shall apply to all zoning districts:

1. A.
   Regulation of buildings and uses.

   1. 1.
      Nuisance actions. No provision of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the appropriate laws of the state.
   2. 2.
      Construction of utilities. No provision of this chapter shall be construed to prohibit the customary and necessary construction, reconstruction or maintenance of aboveground or underground public utility neighborhood service lines and mechanical appurtenances thereto where reasonably necessary for the preservation of the public health, safety, convenience and welfare.
   3. 3.
      Compliance with district requirements. The use of buildings hereafter erected, converted, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.
   4. 4.
      One residential building per lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot. A second residential building may be allowed on the same lot while construction of a new residence is taking place; however the old residence must be removed once completed. If not removed within one year of completion a citation will be issued to appear and a forfeiture levied.
   5. 5.
      Preexisting building permits. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before the original effective date of this chapter and the construction of which shall have been started within 12 months from the date of such permit.
2. B.
   Principal uses. Only those principal uses specified for a district and their essential services shall be permitted in that district.
3. C.
   Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the town board, provided that such uses are similar in character to the principal uses permitted in the district.
4. D.
   Performance standards. Performance standards listed in sections 60-185 through 60-189 shall be complied with by all uses in all districts.
5. E.
   Conditional uses. Provisions applicable to conditional uses generally:

   1. 1.
      Process. 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 V of this chapter excepting those existent at time of adoption of this chapter.
   2. 2.
      Preexisting conditional uses. Those existing uses which are classified as conditional uses for the district in which they are located at the time of adoption of this Code require no action by the town board to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
   3. 3.
      Change from permitted to conditional use. 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 V of this chapter.
   4. 4.
      Termination. Conditional use, when replaced by permitted use, shall terminate. In such case, the reestablishment of any previous conditional use, or establishment of new conditional use shall require review, public hearing and approval by the town board in accordance with article V of this chapter.
   5. 5.
      Validity. 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.
   6. 6.
      Substitution. Conditional uses authorized by the town board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without board approval and the procedures required in article V of this chapter.

(Code 2006, § 13-1-21)

Effective on: 1/1/1901

1. A.
   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.
2. B.
   No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.
3. C.
   Where a lot has an area less than the minimum number of acres required for the district in which it is located and was of record as such at the time of the original passage of this chapter, such lot shall be grandfathered according to the requirements of the original zoning code.

(Code 2006, § 13-1-22)

Effective on: 1/1/1901

1. 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.
2. B.
   Street frontage. All lots shall abut upon a public street or other town board officially approved means of access, and each lot shall have a minimum frontage of 200 feet (60 feet for cul-de-sac lots); however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
3. C.
   Private sewage systems; privies.

   1. 1.
      Every building or structure intended for human habitation or occupancy shall be provided with a properly functioning sewage system for the treatment and disposal of domestic waste and shall comply with the county sanitary code and Wis. Admin. Code ch. Comm 83, Private sewage systems.
   2. 2.
      Privies will only be allowed for recreational cabins located in the Agricultural/Low Density District. Recreational cabins must have a portable toilet or an approved privy by permit of the county solid waste administrator.
4. D.
   Full dedicated street. No building permit shall be issued for a lot which abuts a public or private 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.
5. E.
   Height regulations.

   1. 1.
      Except as otherwise provided in this chapter, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the district in which such building is located.
   2. 2.
      A basement shall be counted as a story for the purpose of height measurement if more than 50 percent of the basement is above ground.
   3. 3.
      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.
   4. 4.
      On through lots which extend from street to street, the height of the main building may be measured from the mean elevation of the finished grade along the end of the building facing either street.
   5. 5.
      Ornamental structures, broadcasting towers, telephone, telegraph and power transmission poles, towers and lines, microwave radio relay structures and necessary mechanical appurtenances, and accessory structures essential to the use or protection of a building or to a manufacturing process carried on therein, are hereby exempted from the height regulations of this chapter and may be erected in accordance with other local regulations or ordinances; provided that any such structure which is accessory to a building in a residential district shall be located not less than 25 feet from any lot line.
6. F.
   Yard regulations.

   1. 1.
      No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this section shall be included as part of a yard or other open space required for another building.
   2. 2.
      Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
   3. 3.
      Buildings to be located on through lots that extend from street to street are waived from the requirements for 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.
   4. 4.
      Every part of a required yard shall be open and unoccupied by any structure from the ground upward, except as follows:

      1. a.
         Sills, belt courses, cornices, canopies, eaves and ornamental architectural features projecting not more than 36 inches.
      2. b.
         Bay windows, decks, sun rooms, access ramps, balconies and chimneys projecting not more than 20 percent of the width of any side yard which does not abut on a street, but in no case shall it be closer than 15 feet to any lot line.
      3. c.
         Fire escapes projecting not more than five feet in any case, but not more than 20 percent of the width of any side yard which does not abut on a street; provided that no such fire escape need be less than three feet in width.
      4. d.
         Uncovered steps and landings projecting not more than six feet in any case, but not more than 20 percent of the width of any side yard which does not abut on a street; provided that no such steps or landings shall extend above the main or entrance floor, except for a railing not more than three feet in height. (See section 60-286, yard modifications.)
      5. e.
         Platforms, walks and drives extending not more than six inches above the average ground level at their margins, and retaining walls when the top of such wall is not more than six inches above the level of abutting ground on one side, may be located in any yard.
      6. f.
         Fences and walls as permitted by section 60-250.
7. G.
   Corner lot setbacks. Structures located on a corner lot shall conform to the front yard setback requirements for the zoning district in which located for both highway/road sides of the lot.

(Code 2006, § 13-1-23; Ord. of 10-15-2013; Ord. No. 202408-08, 08/20/2024)

Effective on: 8/27/2024

1. A.
   Purpose. In order to promote and enhance the public safety, general welfare and convenience, it is necessary to have highway setback lines, which are hereby established in the town, 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.
2. B.
   Centerlines of highways. For purposes of this section, the centerline of any road or highway is the legal centerline according to the description as recorded with the county register of deeds. If there is no such legal description, the centerline is the midway point between fences or other markers indicating the boundaries of the highway on opposite sides thereof. If there are no such fences or markers, the centerline is the midpoint between opposite sides of the road surface. In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail. Except as otherwise provided, the distances from the centerline or from the nearest highway right-of-way line to the setback line shall be as follows:

   1. 1.
      Class A highways. The setback distance from a Class A highway shall be 110 feet from the centerline of the highway or 60 feet from the highway right-of-way line, whichever is greater. The following highways in the town are hereby designated as Class A highways: all U.S. and state (numbered) highways.
   2. 2.
      Class B highways. The setback distance from a Class B highway shall be 75 feet from the centerline of the highway or 42 feet from the highway right-of-way line, whichever is greater. The following highways in the town are hereby designated as Class B highways: all county trunks are hereby designated as Class B highways. For the purpose of this section, any road will be considered as a county trunk after it has been placed on the county trunk system by the county board approved by the highway commission.
   3. 3.
      Class C highways.

      1. a.
         All town roads, minimum of 66 feet wide, public streets and highways not otherwise classified are hereby designated Class C highways.
      2. b.
         The setback from Class C highways shall be 75 feet from the centerline of such highway or 42 feet from the right-of-way line, whichever is greater.
      3. c.
         The highway setback for a cul-de-sac shall be 42 feet from the right-of-way line of the highway.
      4. d.
         Any three rod roads shall have a minimum setback of 75 feet from the centerline.
      5. e.
         In addition to the above requirements, all town roads shall meet the requirements of Chapter 42, article III.
3. C.
   Vision clearance.

   1. 1.
      Requirement. There shall be a vision clearance triangle in each quadrant of all intersections of highways or streets with other highways or streets and of highways or streets with railroads. Such vision clearance triangle shall be bounded by the highway, street or railroad right-of-way lines and a vision clearance setback line connecting points on each right-of-way line which meet the requirements of section 44-284.
   2. 2.
      Undetermined right-of-way. In the case of railroads, and roads for which the right-of-way cannot be determined, the setback for purposes of this subsection shall be considered to be 100 feet from the centerline of the road bed or road surface.
   3. 3.
      Structures restricted. Within a vision clearance triangle, no structure or object of natural growth shall be constructed, maintained or permitted to grow between a height of 2½ feet and ten feet above the elevation of the street or highway grade at the centerline or of the top of the curb if there is a curb. This shall not apply to the trunks of trees, posts not over six inches square or in diameter, retaining walls used to support ground at or below its natural level, field crops in season or wire fences so designed and constructed as not to constitute a substantial obstruction to the view of motorists and pedestrians across the vision clearance opening from one highway or street to another.
4. D.
   Reduced highway setbacks. A setback less than the setback required for the appropriate class of highway shall be permitted where there are at least five existing main buildings on the same side of the road within 500 feet of the proposed site that are built to less than the required setback. In such cases the setback shall be the average of the nearest main building on each side of the proposed site or if there is no building on one side, the average of the setback for the main building on one side and the setback required for the appropriate class of highway. Any other setback must be permitted by the board of appeals.
5. E.
   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 percent or more of its current assessed value as determined by the town assessor.

(Code 2006, § 13-1-24; Ord. No. 202408-09, 08/20/2024)

Effective on: 8/27/2024

This section shall apply to all single- and two-family residential dwellings, including manufactured homes defined as single-family dwellings:

1. A.
   Minimum size. The total minimum living area of a dwelling shall be in accordance with the regulations that apply to each zoning district.
2. B.
   Foundation. Dwellings shall have a properly engineered, permanently attached means of support that meets the manufacturer's installation requirements and all applicable building codes.
3. C.
   Applicability of state uniform dwelling code to site-built additions to manufactured homes. Site built additions to a manufactured home, such as a basement, crawl space, or room additions, must meet the requirements of the state uniform dwelling code, Wis. Stats. § 101.61 et seq.
4. D.
   Siding material. Dwellings shall have siding material that is residential in appearance and consists of either wood, masonry, concrete, stucco, clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes, or similar material. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
5. E.
   Mobility. Once placed on site, modular and manufactured homes shall be anchored per state code. Axles, wheels, hitches or any other device facilitating mobility of modular or manufactured home shall be contained/enclosed so as to not be visible.

(Code 2006, § 13-1-25; Ord. No. 202408-10, 08/20/2024)

Effective on: 8/27/2024

The town acknowledges that the county has established shoreland and floodplain overlay zoning districts for the regulation of shorelands and floodplains. Accordingly, the zoning administrator shall refer to the county all applicants seeking zoning permits for structures or uses which are proposed to be located or conducted within the shoreland or floodplain overlay districts. If the zoning administrator determines that any town building permit is required for such project, the permit shall not be issued until the county permit has been issued.

(Code 2006, § 13-1-26)

Effective on: 1/1/1901

1. A.
   County ordinance applicability. The Marinette County Shoreland Ordinance established pursuant to Wis. Stats. §§ 59.69, 59.692, 87.30 and 281.31 applies, except for minimum living area provided town regulations are more restrictive, to those areas which are located within 1,000 feet of a lake, pond or flowage (natural), and within 300 feet of a river or stream or to the landward side of the floodplain, whichever distance is greater.
2. B.
   When town provisions are more restrictive. Where the town zoning code is more restrictive than the county shoreland ordinance, the town zoning code shall continue in full force and extend to the extent of the greater restriction. Except, whereon lots created prior to the effective date of this chapter, the county board of adjustment grants a variance for reduced water setbacks, lot line setbacks or approval to develop an existing substandard lot, the town will accept this action by the county and allow the development as proposed, provided the applicant files with the town a copy of the findings of the county board of adjustment. All town building requirements and other zoning requirements must be met, including obtaining a valid town building permit.
3. C.
   Distance of proposed building site. If the proposed building site is beyond 300 feet of a river or stream or beyond 1,000 feet of a lake, pond, or flowage the county and shoreland zoning has no jurisdiction regardless of whether or not the parcel has water frontage.

(Code 2006, § 13-1-49; Ord. of 10-15-2013)

Editor's note(s)— Ordinance of October 15, 2013, renumbered the former § 64-68 as § 64-36. The historical notation has been retained with the amended provisions for reference purposes.

Effective on: 1/1/1901

Effective on: 1/1/1901