Salem Town City Zoning Code
ARTICLE IV
Particular Use Requirements
§ 240-33 Purpose.
The purpose of these requirements is to minimize potential negative impacts from certain specified uses and to promote compatibility between those uses and surrounding uses.
§ 240-34 Applicability.
In addition to complying with other regulations established in this chapter, these requirements must be met for each specific use as a condition to a land use permit.
§ 240-35 Agricultural uses.
[Amended 6-26-2012 by Ord. No. 12-07; 6-23-2019 by Ord. No. 19-01]
A.
Cultivation agriculture.
B.
General agriculture.
(1)
Barnyards, feed lots and farm structures housing animals shall be located at least 100 feet from navigable water and shall be located so that manure will not drain into navigable water.
(2)
General agricultural practices shall be allowed in all agricultural districts without issuance of a land use permit, except that structures shall require a land use permit.
C.
Agricultural business operations.
(1)
Agritourism.
(2)
Direct market agriculture.
(a)
Except for temporary structures not exceeding 160 square feet of floor area, all structures associated with direct market agriculture shall meet all setbacks and other provisions of this chapter. Temporary direct market structures which do not exceed 160 square feet of floor area shall be considered a minor structure such as those listed in § 240-32A(1).
(b)
Only one direct market structure shall be permitted on a lot.
(3)
Farmers market.
(a)
Such use shall principally involve the sale of farm and garden products, but other types of merchandise may be sold, provided such merchandise occupies not more than 25% of the indoor and outdoor display area of the farm market.
(b)
At least one off-street parking space shall be provided for each 200 square feet of indoor and outdoor display area.
(c)
Combined indoor and outdoor display areas shall not exceed 2,000 square feet.
(d)
The farmers market shall obtain site plan approval and a land use permit.
(4)
Nursery.
(5)
Orchard.
(6)
Winery.
D.
Domestic fowl in residential districts.
§ 240-36 Commercial uses.
A.
Bed-and-breakfast establishments.
(1)
There shall be no more than eight rooms available for rent to transient guests. A conditional use permit shall be required for bed-and-breakfasts with more than four rooms available to rent in the PA, GR, GRF and AR Districts.
B.
Boardinghouses.
(1)
There shall be one off-street parking space per sleeping room provided, in addition to two spaces required for residents of the dwelling.
(2)
There shall be no more than eight sleeping rooms provided for boarding.
(3)
All boardinghouses with sleeping rooms above the ground floor shall provide an outside fire escape or escape balcony from an area accessible to the occupants of the upper floor(s) and appropriate exit signs.
C.
Family day-care homes.
[Amended 4-19-2016 by Ord. No. 15-07]
D.
[3]Farm and home based businesses accessory to permitted single-family residences shall be permitted by conditional use permit in agricultural districts, subject to the following:
(1)
The farm and home based business shall be conducted by the owner of the dwelling unit. No more than eight persons not residing on the site may be employed in the business. Farm and home based businesses located in the Exclusive Agriculture District shall not have more than two nonresident farm family member employees.
[Amended by Ord. No. 99-11]
(2)
If located within a dwelling unit, the farm and home business shall occupy no more than 50% of the dwelling unit. If located in an accessory building, the farm and home business shall not occupy an area greater than 5,000 square feet.
(3)
Minimum lot size shall be five acres.
[3]
Editor's Note: Former Subsection D, regarding farm markets accessory to agricultural uses, was repealed 6-26-2012 by Ord. No. 12-07. This ordinance also redesignated former Subsection E as Subsection D.
E.
General retail and services.
[Added 6-26-2012 by Ord No. 12-07]
F.
Home businesses accessory to principal permitted single-family residences.
(1)
If located within a dwelling unit, the home business shall occupy no more than 50% of the floor area of the dwelling unit. If located in an accessory building, the home business shall not occupy an area greater than 1,500 square feet of such accessory building.
(2)
Minimum lot size shall be two acres.
(3)
The home business shall be conducted by a resident of the dwelling unit. Such home business shall not employ more than two persons who are not residents of the dwelling unit.
(4)
Off-street parking shall be provided in accordance with the requirements in Article VII, Parking, Loading and Access Requirements.
(5)
Such use shall not include the operation of any machinery, tools, appliances or other operational activity that would create a nuisance due to noise, dust, odors or vibration or be otherwise incompatible with the surrounding area.
(6)
No more than two home businesses shall be permitted on a single lot. The total space allowed for two home businesses combined shall not exceed the maximum allowed for a single home business.
(7)
A lavatory shall be provided for employees and clients of the home business.
(8)
A home business which involves a use that has particular use requirements listed in this Article IV shall, in addition, comply with those requirements.
(9)
[4]The business site shall have direct access to only state, county or town roads. Direct access to easements shall not be allowed. The business shall not have direct access to a private road unless the business owner provides a written statement of permission signed by all parties who hold a property or maintenance interest in the road. It shall be the responsibility of the business owner to establish the list of all parties who hold such an interest.
[Amended 4-17-2001 by Ord. No. 00-15]
[4]
Editor's Note: Former Subsection F(9), regarding on-premises signs, was repealed 4-19-2016 by Ord. No. 15-07. This ordinance also renumbered former Subsection F(10) and (11) as Subsection F(9) and (10), respectively.
(10)
Only finished consumer goods that have been produced in connection with a home business and products accessory to such goods may be offered for sale.
G.
Home occupations. The use of a principal permitted single-family dwelling unit for a home occupation shall be clearly secondary to the residential use of the dwelling unit and shall not change the residential character of the dwelling unit. The following shall apply:
(1)
Home occupations shall be conducted only inside a single-family residence (including any attached garage) and shall not occupy more than an area equal to 25% of the floor area of the residence. Home occupations shall not be conducted in an accessory building.
(2)
The home occupation shall be conducted by a resident of the dwelling unit. Such use shall not employ more than one person that is not a resident of the dwelling unit.
(3)
Such use shall not include the conduct of any retail or wholesale business on the premises, except for the sale of products produced by the home occupation.
(4)
Such use shall not include the operation of any machinery, tools, appliances or other operational activity that would create a nuisance due to noise, dust, odors or vibration or be otherwise incompatible with the surrounding area.
(5)
Such use shall not involve any outdoor storage or display of any articles offered for sale or produced on the premises in conjunction with the home occupation. Outdoor storage of materials or machinery used in conjunction with the home occupation shall not be permitted.
(6)
[5]Off-street parking shall be provided in accordance with the requirements in Article VII, Parking, Loading and Access Requirements.
[5]
Editor's Note: Former Subsection G(6), regarding on-premises signs, was repealed 4-19-2016 by Ord. No. 15-07. This ordinance also renumbered former Subsection G(7) as Subsection G(6).
H.
Indoor maintenance and repair.
(1)
All repair, painting, parts storage and body work activities shall take place within a building.
(2)
All damaged or nonoperable parts shall be stored indoors or in storage containers such as roll-offs, dumpsters or bins of similar size and construction.
(3)
Outside storage of more than six vehicles for repair shall be screened from public right-of-way. All permitted storage of vehicles for repair shall be behind the building setback.
[Added 3-27-2001 by Ord. No. 00-14]
I.
Kennels.
(1)
All dogs shall be housed indoors during the hours from 9:00 p.m. to 6:00 a.m.
(2)
Minimum side and rear yards for all structures associated with kennels shall be 200 feet.
(3)
Except as exempted here, all kennels shall be screened from public highways by vegetative screening as described in § 240-31D. Structures located at least 200 feet from the center line of public roads are exempt from the screening requirement.
(4)
There shall be no more than two adult dogs in any single enclosure unit.
J.
Lodging facilities.
(1)
Density requirements.
(a)
Lodging facilities in which the floor area of each of the occupancy units is less than 450 square feet shall have a maximum density of 16 units per acre (one unit per 2,723 square feet of lot area).
(b)
Lodging facilities in which the floor area of each of the occupancy units is 450 to 750 square feet in area shall have a maximum density of 12 units per acre (one unit per 3,630 square feet of lot area).
(c)
Lodging facilities in which the floor area of each occupancy unit is greater than 750 square feet shall have a maximum density of six units per acre (one unit per 7,260 square feet of lot area).
(d)
The allowable density of lodging facilities which include a mixture of unit sizes shall be calculated as follows: The sum of all areas derived by multiplying each unit by its appropriate lot area requirement shall not exceed the total area of the parcel.
(2)
Multiple buildings with lodging facilities may be located on the same parcel but shall be separated from each other by a distance of at least 30 feet.
K.
Mini-storage.
(1)
Except in industrial districts, all buildings shall be located a minimum of 50 feet from all lot lines.
(2)
Commercial storage facilities shall not be used as workshops or retail shops.
(3)
Outside storage shall be prohibited.
(4)
Screening with vegetation and/or fencing as approved by the Land Management Committee shall be provided along property lines bordering residential districts.
(5)
Lighting shall be shielded to prevent direct illumination of adjacent properties not in industrial and commercial districts or public rights-of-way.
M.
[7]Retreat centers.
[Added 4-22-2008 by Ord. No. 07-09]
(1)
Facilities may not be utilized by the nonparticipating public for meals or overnight accommodations.
(2)
Housing may be in lodges, cabins, or dormitories and other residential structures.
(3)
Each housing structure may have one cooking facility.
(4)
Minimum lot size for the parcel shall be two acres.
(5)
There shall be one off-street parking space provided for each sleeping room provided.
(6)
Retail activities outside the Commercial District shall be limited to those specifically identified in the conditional use permit.
(7)
Adequate, code-compliant, on-site wastewater facilities shall be provided.
[7]
Editors Note: Former Subsection M, regarding trade and contractors' establishments, was repealed 6-26-2012 by Ord. No. 12-07. This ordinance also redesignated former Subsection N as Subsection M.
§ 240-37 Industrial uses.
A.
Nonmetallic mining, including washing, crushing or other processing, provided that:
[Amended by Ord. No. 99-11; 4-17-2012 by Ord. No. 12-02]
(1)
Application for such operation shall include a description of the operation; a list of equipment, machinery and structures to be used; a listing of all chemicals to be used in blasting, manufacturing or processing operations, and dust suppression; the source, quantity (estimated daily use), and disposition of water to be used; a topographic map of the site showing existing contours with minimum vertical contour interval of five feet; trees; proposed and existing access roads; the depth of all existing and proposed excavations; and a reclamation plan, in addition to other information which may be required in § 240-76 which may include a WisDOT Transportation Impact Analysis, Fugitive Dust Plan or Blasting Plan.
(3)
The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period not to exceed two years. Modifications or additional conditions may be imposed upon application for renewal.
(4)
The Land Management Committee shall particularly consider the effects of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the anticipated final vertical contours as they relate to health and safety of adjacent existing and planned land uses.
(6)
Nonmetallic mining in the Exclusive Agriculture District shall comply with restrictions specified in § 91.75(9), Wis. Stats.
B.
Asphalt plants and accessory uses to nonmetallic mining.
[Added 3-27-2001 by Ord. No. 00-14[1]]
C.
Salvage yards.
(1)
Salvage materials shall not be located within 500 feet of any residence other than that owned by the owner of the premises or any residential or business district or 1,000 feet from a lake, river or stream. No junk or salvage operation shall be carried on within 1,000 feet of any highway right-of-way, and all establishments of this kind shall have minimum side and rear yards of 100 feet.
(2)
Salvage material shall not be located in a wetland or floodplain.
(3)
Salvage materials shall be enclosed by a suitable fence or vegetative screening as approved by the Department of Land Management so that the materials are not visible from other property in the vicinity of the salvage yard nor from a public road nor from navigable water. The fence or vegetative screen shall be a minimum of eight feet in height and shall be properly maintained to satisfy the obscuring objective.
(4)
Salvage materials shall not be piled higher than the height of the fence or vegetative screen.
(5)
Such operation shall comply with any other conditions specified by the Land Management Committee pursuant to § 240-76.
(6)
For fire protection, an unobstructed fire break shall be maintained, 15 feet in width and completely surrounding the salvage yard.
(7)
At the site, appropriate measures shall be taken to prevent water and soil contamination from oils, gasoline, grease or other contaminants. At a minimum, there shall be five feet of soil between the water table or bedrock. If wells are located within 1,000 feet of the site, the Land Management Committee may require a liner and bonds for removal of contaminated topsoil.
D.
Sawmills and planing mills.
(1)
Such uses shall be located a minimum distance of 500 feet from any dwelling unit other than that of the owner or operator of the establishment.
(2)
No sawmill or planing mill shall produce a sound level at its property boundary that exceeds 55 decibels.
(3)
Areas used for stockpiling and maneuvering shall be a minimum distance of 200 feet from any dwelling unit other than that of the owner or operator of the establishment.
E.
Heavy industrial uses.
[Added 4-17-2012 by Ord. No. 12-02]
F.
Hydraulic dredge material storage.
[Added 4-17-2012 by Ord. No. 12-02]
(1)
Description of project shall include:
(a)
Soil properties of dredge materials.
(b)
The amount of dredge material.
(c)
The amount of water to be added.
(d)
Chemical analysis of dredge material.
(e)
Surrounding land uses.
(f)
Depth to water table.
(g)
Groundwater levels, flow and direction, and potential impact on groundwater discharge and recharge.
(h)
Proposed runoff patterns and adjacent drainage.
(i)
Potential for effluent, leachate, and surface runoff impacting adjacent ground- and surface water resources.
(j)
Potential for dust, noise or odor problems.
(k)
Proximity to sensitive ecological environments.
(l)
Inventory of wells, private and municipal, which will likely be affected.
(m)
Mitigation plan for affected properties.
(n)
Soil properties of storage site.
(o)
The possible migration pathways of contaminants from the storage site.
(p)
Proposed use of material.
(q)
Project timeline.
(2)
Analysis shall be provided for a minimum of two sites along with a narrative discussing the feasibility of each site.
(3)
All attempts shall be made to eliminate or reduce any potential negative impacts on residential districts or neighborhoods.
§ 240-37.1 Light industrial use requirements.
[Added 3-27-2001 by Ord. No. 00-14; amended 4-22-2008 by Ord. No. 07-09; 7-22-2008 by Ord. No. 08-06; 4-17-2012 by Ord. No. 12-02]
B.
Warehouse and storage.
(1)
All structures shall be on concrete slabs, except seasonal boat and vehicle storage buildings, which may be on a concrete slab.
(2)
All truck parking and loading areas shall be paved.
(3)
The number of trucks parked outside on the site shall not exceed the number of loading bays, and all such trucks that shall be engaged in transshipment shall be inside.
§ 240-38 Institutional uses.
§ 240-39 Outdoor recreational uses.
[Amended by Ord. No. 99-11; 3-23-2004 by Ord. No. 03-30; 6-26-2012 by Ord. No. 12-07]
A.
Campgrounds.
(1)
Each campsite shall be plainly marked and surfaced with gravel, asphalt or other material to free the site of mud.
(2)
The maximum number of campsites shall be 15 per acre.
(3)
The minimum lot size shall be five acres.
(4)
Each campsite shall be a minimum of 1,000 square feet.
(5)
There shall be two off-street parking spaces for each campsite.
(6)
All sites shall meet the required setbacks from roads and from the ordinary high-water mark and shall be located at least 50 feet from all exterior lot lines.
(7)
Each campground shall be screened by means of a vegetative screening, as described in § 240-31D, along all lot lines. Such requirement may be waived by the Zoning Administrator if existing woody vegetation is such that the screening objective is or will be achieved.
(8)
No more than one mobile recreational vehicle shall be allowed on any individual campsite.
(9)
A camping unit shall not be occupied for more than eight months in a calendar year, although a camping unit may remain on an individual campsite for an entire calendar year. The wheels and tires shall remain in an in-transit position.
(10)
No porches, lean-tos or additions shall be constructed onto or immediately adjacent to a camping unit. Canvas screen rooms or awnings shall be allowed.
(12)
A camping unit and deck may only be skirted with lattice; however, solid skirting may be installed immediately adjacent to the tires.
(13)
One storage shed may be allowed per campsite. Said shed shall not exceed 80 square feet in floor area.
(14)
A shelter unit may be located on an individual campsite, provided it is designed only to protect occupants from the elements and does not have a permanent water supply, a sewage system, electricity or heating and cooking facilities. A shelter unit shall not exceed 300 square feet in total floor area.
(15)
One dwelling unit to be occupied by the owner and not more than one additional dwelling unit to be occupied by the manager may be permitted in a campground.
(16)
Camping shall be permitted in approved campgrounds without issuance of a regular land use permit.
B.
Riding stables, commercial and private.
(1)
Minimum lot size for riding stables shall be 10 acres for commercial riding stables and three acres for private riding stables.
(2)
There shall be at least one acre of open space provided on the lot for each horse kept on the lot.
(3)
All stables shall be located at least 100 feet from the ordinary high-water mark of navigable water and shall be located such that manure will not drain into navigable water.
C.
Nature-based operations.
D.
Private outdoor recreational uses.
E.
Public outdoor recreational uses.
F.
Residential parks.
G.
Resorts.
(1)
Housing may be in lodges, cabins and other residential structures.
(2)
Each housing structure may have one cooking facility.
(3)
There shall be one off-street parking space provided for each sleeping room provided.
(4)
Retail activities shall be limited to those specifically identified in the conditional use permit.
§ 240-40 Residential uses.
A.
Accessory residences.
(1)
Accessory residences shall be permitted in the C, LI and I Districts, subject to the following:
(a)
There shall be no more than one accessory residence on a lot.
(b)
The accessory residence may be either an attached or detached dwelling unit.
(c)
The setbacks and minimum yards for such dwelling unit shall be the required setbacks and minimum yards for principal structures.
(d)
Such dwelling unit shall meet all other provisions of this chapter.
(e)
Such accessory residence shall not be a manufactured home.
(f)
Accessory residences shall require a land use permit.
(2)
Accessory residences which are accessory to single-family residences shall be permitted in the PA, GR, GRF, AR, RR-8, RR-12 and RR-20 Districts, subject to the following:
[Amended 11-25-2021 by Ord. No. 21-06]
(a)
There shall be no more than one accessory residence on a lot.
(b)
The setbacks and minimum yards for such dwelling unit shall be the required setbacks and minimum yards for principal structures.
(c)
Such dwelling unit shall meet all other provisions of this chapter.
(d)
The area of the accessory dwelling shall be no greater than 60% of the square footage of the principal dwelling, and cannot exceed 1,500 square feet in area.
(e)
Adequate, functioning, approved method of sewage disposal shall be provided for all residences. Sewage disposal system(s) shall be sized to accommodate full capacity of the residences.
(3)
Accessory residences which are accessory to single-family residences in the PA, GR, GRF, AR, RR-8, RR-12 and RR-20 Districts and comply with Subsection A(2)(a), (b), (c) and (e), but are unable to comply with the requirements of Subsection A(2)(d), may be permitted with the issuance of a conditional use permit, subject to the following:
[Added 11-25-2021 by Ord. No. 21-06
(a)
The accessory residence must be smaller than the principal residence and cannot exceed 1,500 square feet in area.
B.
Manufactured homes. The following requirements apply to manufactured homes which are not located in manufactured home parks:
(1)
Manufactured homes shall comply with federal inspection requirements per Housing Act of 1976 and its successors.
(2)
The towing and transportation equipment, including the wheel assembly, shall be removed and the manufactured home shall be mounted on and attached to a permanent foundation.
(3)
Manufactured homes shall be a minimum of 14 feet wide.
C.
Manufactured home parks.
(1)
Internal streets shall have a minimum right-of-way of at least 40 feet.
(2)
Internal streets and parking areas shall be surfaced with a dust-free material.
(3)
There shall be at least two parking spaces for each manufactured home site.
(4)
The minimum distance between manufactured home units, including all appurtenances, shall be 15 feet.
(5)
The minimum distance between a manufactured home unit, including all appurtenances, and an internal street shall be 10 feet.
(6)
No sales office or other business or commercial use shall be located within a manufactured home park. Laundries, washrooms, recreation rooms, maintenance equipment storage and one management office are permitted.
(7)
Each manufactured home park shall be screened, except for permitted entrances and exits, by means of a vegetative screen, as described in § 240-31D at the perimeter of the manufactured home park. The requirement may be waived by the Zoning Administrator if existing woody vegetation is such that the screening objective is or will be achieved.
(8)
Manufactured homes in manufactured home parks shall contain at least 550 square feet of floor area.
(9)
No manufactured home site shall be rented for a period of less than 30 days.
(10)
A deck(s) shall be permitted on each manufactured home site. The total size of the deck(s) shall not exceed 25% of the floor area of the manufactured home. The deck(s) shall comply with the setback and yard requirements for manufactured homes in approved manufactured home parks.
(11)
The total floor area of additions such as screen porches, lean-tos or other extensions attached to a manufactured home shall not exceed 5% of the floor area of the manufactured home. Any additions constructed in conformance with this provision shall comply with the setback and yard requirements for manufactured homes in an approved manufactured home park.
(12)
One accessory structure shall be permitted for each manufactured home site and shall not exceed 120 square feet in floor area. Accessory structures allowed under this provision shall be located a minimum of 10 feet from the manufactured home on the same manufactured home site and shall be located a minimum of 15 feet from a manufactured home or an accessory structure on another site.
(13)
All manufactured homes shall meet the construction standards of the United States Department of Housing and Urban Development Manufactured Housing Code.
(14)
No permit shall be required to move a manufactured home onto a manufactured home site or interchange a manufactured home for another manufactured home on a manufactured home site in a manufactured home park that has been approved in accord with all applicable provisions of this chapter. The number of manufactured homes in an approved manufactured home park shall not exceed the number of manufactured home sites illustrated on site plans approved as part of the approval of the manufactured home park or the approval of an expansion of the manufactured home park.
(15)
All manufactured home sites shall take access only to an internal street.
(16)
The number of manufactured homes in a nonconforming manufactured home park shall not exceed the number of sites existing on the effective date of this chapter, unless expansion has been authorized through a conditional use permit.
D.
Second farm residence for worker principally engaged in the farm operation or for a retired farm owner, subject to the following:
[Amended by Ord. No. 99-11; 6-23-2019 by Ord. No. 19-01]
(1)
The residence may be a manufactured home.
(2)
Manufactured homes used as residences for farm employees, parents and/or adult children of farm operators shall comply with the following:
(a)
Such manufactured home shall provide housing for farm employees who assist farm operators engaged in agriculture activities or for parents and/or adult children of farm operators.
(b)
The manufactured home shall not be placed on a separate lot.
(c)
The manufactured home shall meet the minimum floor area requirements and all setback and yard requirements of this chapter.
(d)
When the manufactured home is no longer occupied by said farm employees, parents or adult children, the manufactured home shall be removed from the farm operator's property.
(e)
The manufactured home shall be connected to a code-compliant wastewater disposal system.
(f)
The number of such manufactured homes shall not exceed one manufactured home per 80 acres of land owned by said farm operator.
(g)
All portions of such manufactured home shall be located within 300 feet of the dwelling unit of said farm operator.
(3)
A residence which is not a manufactured home may be separated from the farm operation as a single-family dwelling, pursuant to Subsection E, provided that no more than one second farm dwelling constructed since the effective date of this chapter may be so separated from a farm or future divisions of a farm. This section shall not apply to a second farm residence which can be separated in conformance with lot size and lot density requirements of the zoning district in which it is located.
(4)
A second farm residence in the Exclusive Agriculture District shall be restricted to a worker who earns a majority of his or her income from conducting farm operations.
E.
Separated farm residence. Single-family residences existing prior to the effective date of this chapter may be separated from farm parcels, subject to the following:
(1)
The lot created shall contain at least one acre exclusive of lands within any public right-of-way.
(2)
The lot width of the resultant lot shall be at least 100 feet.
(3)
The lot lines created shall place all existing structures in conformance with applicable setback and yard requirements.
(4)
The creation of the separate lot shall not reduce the remaining tract to a lot area of less than that required for a new lot in the zoning district.
(5)
Separation of farm residences in the Exclusive Agriculture District shall meet all of the following criteria:
[Added by Ord. No. 99-11]
(6)
Residences in the Exclusive Agriculture District may only be occupied by the following: an owner of the parcel; a person who, or a family at least one adult member of which, earns the majority of his or her income from conducting the farm operations; a parent or child of an owner who conducts the majority of the farm operations; or a parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations.
[Added by Ord. No. 99-11]
F.
Exclusive agriculture minimum lot size exception. A parcel of five acres or less in size may be created upon issuance of a conditional use permit and a residence permitted in the Exclusive Agriculture District only if it is to be owned and occupied by the following: an owner of the parcel; a person who, or a family at least one adult member of which, earns the majority of his or her income from conducting the farm operations; a parent or child of an owner who conducts the majority of the farm operations; or a parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations.
[Added 8-23-2005 by Ord. No. 05-06]
§ 240-41 Miscellaneous uses.
A.
Airports, airstrips and landing fields.
(1)
The area proposed for this use shall be sufficient in size, and the site shall otherwise be adequate, to meet the standards of the Federal Aviation Administration, Department of Transportation, for the class of airport proposed.
(2)
One off-street parking space shall be required for every tie-down space or plane space within hangars.
B.
Clean fill site.
(1)
Applicability. A land use permit for a clean fill site shall be required for deposition of 2,000 or more cubic yards of clean fill. Filling for construction of public highway shall not require a permit.
(2)
Application for a clean fill site permit shall include the following:
(a)
Location, size and ownership of land upon which the operation will be situated.
(b)
Complete construction plans and specifications and proposed operating procedures for the operation, including but not limited to fill volume and type of fill.
(c)
Copies of all application documents submitted to any other governmental agency for permitting purposes.
(d)
An affidavit from the landowner giving the agent permission to conduct the operation on the landowner's property and a copy of the contractor's disposal agreement.
(e)
An affidavit from the solid waste manager that approval has been granted by the Solid Waste Management Board.
(f)
An affidavit from the applicable town stating that the facility as proposed has local approval.
(g)
A topographic map of the site showing existing contours with minimum vertical contour interval of five feet, trees, proposed and existing access roads and buildings, the area and dimensions of the fill site and distances to buildings, lot lines, existing wells and other utilities.
(h)
A restoration plan showing final slopes, extent of fill area, grading, seeding and mulching, depth and type of final cover, surface water runoff control, erosion control and restoration commencement and completion dates.
(i)
Sureties or bonds sufficient to allow the county to perform restoration in the event of default by the applicant.
(j)
A landscaping and screening plan.
(k)
Fees as established by the County Board of Supervisors.
(3)
Approval. The Zoning Administrator shall be authorized to approve the application for a clean fill site with any conditions necessary. In approving the application, the Zoning Administrator shall consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality. The Zoning Administrator shall also consider the practicality of the proposed restoration plan and screening plan for the site.
(4)
Term of approval. The land use permit for a clean fill site shall be in effect for two years and may be renewed upon application for a period not to exceed two years and a renewal fee as set by the County Board. Modifications or additional conditions may be imposed upon application for renewal.
C.
Wireless communications service facilities (WCSF).
[Amended 9-25-2001 by Ord. No. 01-12; 8-18-2015 by Ord. No. 15-02]
(1)
Applicability. A land use permit shall not be required for WCSF that do not exceed 35 feet in height. A land use permit shall be required for WCSF greater than 35 feet.
(2)
Procedure.
(a)
The application for siting and construction of a WCSF shall include:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
A construction plan which describes the mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
[5]
An explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(b)
The application for a substantial modification of an existing WCSF shall include:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
A construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(c)
If an applicant submits to the County an application for a permit to engage in an activity described in this subsection, which contains all of the information requried under this subsection, the County shall consider the application complete. If the County does not believe that the application is complete, the County shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until complete.
(d)
Within 90 days of its receipt of a complete application, the County shall complete all of the following or the applicant may consider the application approved, except that the applicant and the County may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the County Zoning Ordinance.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(e)
The County may disapprove an application if the applicant refuses to evaluate the feasibility of co-location within the applicant's search ring of 1/2 mile and provide the sworn statement described under § 240-41C(2)(a)[5].
(f)
Third-party review may be required at the expense of the applicant if the applicant provides the County with an engineering certification showing that a WCSF support structure, or an existing structure, is designed to collapse within a smaller area than the setback area required.
(g)
Pierce County will not consider an activity a substantial modification if a greater height is necessary to avoid interference with an existing antenna or if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.
(h)
A party who is aggrieved by the final decision under Subsection C(2)(d)[2] may bring an action in the Circuit Court of Pierce County.
(3)
Requirements.
(a)
The WCSF shall conform to all FAA standards.
(b)
The owner of the WCSF shall submit a competitively neutral, nondiscriminatory, and commensurate surety to cover the cost of abandonment should the facility fall into disuse. The issuer of any surety must provide verification that they are able to conduct business in the State of Wisconsin.
(e)
WCSF providers are responsible for correcting any electrical interference problems caused by their equipment or facilities.
(f)
All towers and antennas must be insured against personal injury, wrongful death, and property damage claims.
(g)
No advertising or identification signs shall be placed on WCSF unless required by law.
(h)
If the County has reason to believe that an existing WCSF is a safety risk, it may require that a registered engineer perform an inspection and that a copy of the inspection results be provided within 60 days.
(i)
Owners/providers/permittees shall submit annually on or before January 31 of each year a telecommunications facility annual information report. The report shall include the WCSF owner's name, address(s), phone number(s), contact person(s), legal description of the location of the WCSF, tower height, current occupancy, and other information deemed necessary by the Zoning Administrator. Failure to provide this information shall result in a civil forfeiture of $200 per day until the report is received.
D.
Energy systems.
[Added 9-25-2001 by Ord. No. 01-12; amended 6-23-2009 by Ord. No. 09-01]
(1)
Purpose. This section is established to oversee the permitting of wind and solar energy systems and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a wind or solar energy system.
(2)
Wind energy systems (WES).
(a)
Types.
[1]
Small: A WES that has not more than 100 kilowatts in total nameplate generating capacity and a total height less than 200 feet which is incidental and subordinate to a permitted use on the same parcel or on a contiguous parcel of common ownership and is intended to supply electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may by used by the utility company.
[2]
Large: a WES intended to generate power for off-site consumption consisting of one or more wind turbine(s), a tower(s), and associated control or conversion electronics, which has a rated capacity of more than 100 kilowatts or a total height of 200 feet or greater.
(b)
Standards.
[1]
Setbacks.
[a]
Small. A small WES shall be set back a distance equal to 110% of its total height from any public road right-of-way, property lines, and overhead utility lines. Exceptions to the property line setback may be granted with written permission from the affected property owner.
[b]
Large. A large WES shall be set back a distance equal to the hub height plus the rotor diameter multiplied by 1.5 [(HH + RD) x 1.5] from any public road right-of-way or property line and 110% of its total height from any overhead utility line. Exceptions to the property line setback may be granted with written permission from the affected property owner.
[2]
Access. The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the ground.
[3]
Engineering certification. For all WES, the manufacturer's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WES is within accepted professional standards, given local soil and climate conditions.
[4]
Utility notification. A small WES that intends to connect to the electric utility shall not be permitted until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. A copy of the final agreement shall be submitted to the Zoning Office.
[5]
Building-mounted WES structural integrity. The structure upon which the proposed WES is to be mounted shall have the structural integrity to carry the weight and wind loads of the wind energy system and have minimal vibration impacts on the structure.
[6]
Code compliance. A WES shall comply with all applicable state construction and electrical codes and the National Electrical Code. A WES to be used with a commercial land use shall comply with the Commercial Building Code.
[7]
Signage. Appropriate warning signs are allowed on the WES; a large WES shall include an emergency phone number. All other signage is prohibited on the wind energy system.
[8]
Lighting. A WES shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority.
[9]
Compliance with FAA regulations. WES must comply with applicable FAA regulations, including any necessary approvals for installation close to airports. Evidence of compliance may be required to complete an application.
[10]
Installer. All WES shall be installed by a person qualified to perform such work.
[11]
Discontinuation and decommissioning. A WES shall be considered discontinued after one year without energy production, unless a plan is developed and submitted to the Pierce County Zoning Administrator outlining the steps and schedule for returning the WES to service.
[a]
Removal of WES and accessory facilities.
[i]
All WES and accessory facilities shall be removed in their entirety, at the owner's sole expense, within 90 days of the discontinuation of use. If the owner fails to remove the WES, the Zoning Administrator may pursue legal action to have it removed at the owner's expense.
[ii]
Small WES footings and foundations shall be removed so that they are at or below ground level. Large WES footings and foundations shall be removed entirely.
[b]
Each large WES shall have a decommissioning plan outlining the anticipated means and cost of removing the WES at the end of its serviceable life or upon becoming a discontinued use.
[i]
The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning.
[ii]
The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WES and accessory facilities.
[c]
Pierce County may require financial security in the form of a cash escrow, irrevocable letter of credit or a performance bond to ensure that decommissioning of the large WES is completed as required.
[12]
Meteorological towers shall be permitted under the same standards, permit requirements, decommissioning requirements and permit procedures as a small WES.
[13]
Orderly development. Upon issuance of a conditional use permit, all large WES shall notify the Public Service Commission of Wisconsin.
[14]
Interference. The applicant shall mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by the WES. No WES shall be constructed so as to interfere with Pierce County or Wisconsin Department of Transportation microwave transmissions.
(c)
Permits.
[Amended 9-27-2016 by Ord. No. 16-03]
[1]
Small WES shall require a land use permit, prior to construction, and may be permitted in all zoning districts and subject to the regulations and requirements of this section.
[Amended 9-27-2016 by Ord. No. 16-03]
[a]
The Zoning Administrator shall have up to 15 working days following the submittal of a complete application to approve or deny such application. The Zoning Administrator may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public health and safety and to ensure compliance with the standards and purpose of this Subsection D.
[b]
Any application or proposal where the establishment of one or more small WES may have adverse impacts on surrounding properties or if public health and safety concerns are present, as determined by the Zoning Administrator, shall be referred to the Land Management Committee for review and approval. The Land Management Committee shall conduct its review and approval consistent with criteria set forth in § 240-76, Conditional use permits.
[2]
Large WES shall require a conditional use permit, prior to construction, and may be permitted in all zoning districts and subject to the regulations and requirements of this section.
(d)
Applications. The application for all WES shall include the following information:
[1]
Name of the applicant.
[2]
Name of the owner.
[3]
The legal description and address of the site.
[4]
Wind system specifications, including the manufacturer and model, rotor diameter, nameplate generating capacity, tower height, tower type (monopole, steel lattice, or guyed), total height, and means of interconnecting with the electrical grid.
[5]
Site layout, including the location of property lines, structures, wind towers and turbines, overhead utility lines, and interconnection points with the electrical grid.
[6]
Tower foundation blueprints or drawings.
[7]
Tower blueprint or drawing.
[8]
Engineer's certification.
[9]
Installers signature certifying that the WES will be installed in compliance with this section and all other applicable codes.
[10]
Utility notification (if necessary).
[11]
FAA compliance (if necessary).
[12]
All other information required for a land use permit.
(e)
Additional application requirements for a large WES:
[1]
FAA permit application.
[2]
Location of all known communications towers within two miles of the proposed WES.
[3]
Decommissioning plan.
[4]
Documentation projecting the shadow flicker on any and all surrounding parcels and the extent and duration of the shadow flicker on these parcels.
[5]
Sound analysis, measurements and projections. WES sound propagation shall conform to International Electromechanical Commission (IEC) Standard 61400-11 Part 11, as that standard may be amended or updated from time to time. Acoustic noise measurements techniques shall include optional noise directivity requirements (see below), infrasound (low-frequency) projections, low-frequency sound (between 20 Hz and 100 Hz) measurement and analysis and impulsivity measurement (noise pressure of potential "thumping" sounds). Analysis shall include but is not limited to:
[a]
A survey of the existing ambient background sound levels. Analysis shall include daytime measurements and also at least two ambient noise measurements between 9:00 p.m. and 11:59 p.m. and two between 1:00 a.m. and 5:00 a.m.
[b]
A prediction of the WES sound levels at the property border. This can be made with manufacturer's data or data from a private testing agency for proposed WES or by direct measurement for the WES in place, so long as measurements are conducted according to IEC and 61400-11, Part 11, as that standard may be amended or updated from time to time. Including infrasound and low-frequency noise between 20 Hz and 100 Hz, modeling must identify likely pure tone sources.
[c]
Identification and support for a model for sound propagation. The model may be hemispherical or spherical, but particular attention must be paid to the sound propagation downwind of the proposed installation site and the propagation of sound at differing atmospheric densities.
[d]
A comparison of calculated wind sound pressure levels with and without the WES or proposed WES. This confirms the baseline for permitted sound levels once the WES are operating.
[6]
All other information required for a conditional use permit.
(3)
Solar energy systems (SES).
(a)
Types.
[1]
Small: equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy which is incidental and subordinate to a permitted use on the same parcel or on a contiguous parcel of common ownership and is intended to supply thermal energy or electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may by used by the utility company.
[2]
Large: equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy which is intended for off-site consumption.
(b)
Standards.
[2]
Height restrictions.
[Amended 11-25-2021 by Ord. No. 21-06]
[a]
Small SES. Height shall not exceed 35 feet in height. Building-mounted SES may extend up to eight feet above the allowable building height. Exemptions may be granted by the Land Management Committtee.
[b]
Large SES. Height shall be established by the Land Management Committee based on purpose and intent of this chapter.
[3]
Glare. The SES shall be positioned so that the glare does not create any unsafe conditions.
[4]
Installer. All SES shall be installed by a North American Board of Certified Energy Practitioners (NABCEP) certified solar installer or other person qualified to perform such work.
[5]
Code compliance. A SES shall comply with all applicable State of Wisconsin electrical codes and the National Electrical Code. A SES that will connect to a commercial structure or multiunit dwelling shall comply with the State of Wisconsin Commercial Building Code, when necessary; other applicable SES shall comply with the Uniform Dwelling Code.
[6]
Utility notification. A small SES that intends to connect to the electric utility shall not be permitted until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. A copy of the final agreement shall be submitted to the Zoning Office.
[7]
Structural integrity. The structure upon which the proposed SES is to be mounted shall have the structural integrity to carry the weight and wind loads of the SES.
[8]
Orderly development. Upon issuance of a conditional use permit, all large SES shall notify the Public Service Commission of Wisconsin.
[9]
Vegetative buffer. Vegetative buffers for a large SES shall be established by the Land Management Committee based on the purpose and intent of this chapter.
[Added 11-25-2021 by Ord. No. 21-06]
[10]
A decommissioning plan and associated financial assurances may be required by the Land Management Committee for a large SES.
[Added 11-25-2021 by Ord. No. 21-06]
(c)
Permits.
[Amended 9-27-2016 by Ord. No. 16-03]
[1]
Small SES shall require a land use permit, prior to construction, and may be permitted in all zoning districts and subject to the regulations and requirements of this Section.
[a]
The Zoning Administrator shall have up to 15 working days following the submittal of a complete application to approve or deny such application. The Zoning Administrator may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public health and safety and to ensure compliance with the standards and purpose of this Subsection D.
[b]
Any application or proposal where the establishment of one or more small SES may have adverse impacts on surrounding properties or if public health and safety concerns are present, as determined by the Zoning Administrator, or if a height exemption is requested, shall be referred to the Land Management Committee for review and approval. The Land Management Committee shall conduct its review and approval consistent with criteria set forth in § 240-76, Conditional use permits.
[2]
Large SES shall require a conditional use permit, prior to construction, and may be permitted in all zoning districts and subject to the regulations and requirements of this section.
(d)
Applications.
[1]
Name and contact information of the applicant, owner and installer.
[2]
The legal description and address of the site.
[3]
A description of the scope of work.
[4]
Solar system specifications, including the manufacturer and model, generating capacity, total height, collector square footage, wiring plan, and means of interconnecting with the electrical grid.
[5]
Site layout, including the location of property lines, structures, SES and the total extent of system movements, and interconnection points with the electrical grid.
[6]
Installer's qualifications and signature certifying that the SES will be installed in compliance with this section and all other applicable codes.
[7]
Utility notification (if necessary).
[8]
All additional information required for a land use permit.
(e)
Additional application requirements for a large SES.
E.
Utility facilities. Utility facilities shall be subject to the following:
[Amended by Ord. No. 99-11; 9-27-2016 by Ord. No. 16-03]
(1)
No land use permit shall be required for any installation that is at or below grade elevation nor for electrical distribution poles, towers and wires.
(2)
Those structures which are four feet or less above grade elevation need not meet setback requirements nor need they be placed on conforming lots.
(3)
Electrical substations shall be enclosed by a chain-link fence at least 10 feet high. Such structures shall additionally be located at least 75 feet from a dwelling unit and 50 feet from any residential lot line.
(4)
Utility facilities where the land area bounded by the location of such structure or equipment is less than 1,000 square feet shall be exempt from the permit requirements of this chapter and shall not require a land use permit.
(5)
Utility facilities in the Exclusive Agriculture District shall be consistent with agricultural use per § 91.01(10), Wis. Stats.
§ 240-42 Temporary uses.
A.
Unspecified temporary uses which are conducted for not more than seven consecutive days nor more than 10 days in any one-year period may be conducted in any zoning district. Uses which are conducted for more than seven consecutive days or for more than 10 days in any one-year period, except for those listed in Subsections B through F, shall be regarded as principal uses and regulated accordingly. Unspecified temporary uses shall be subject to the following:
[Amended 9-27-2016 by Ord. No. 16-03]
(1)
Such uses shall not require a land use permit.
(2)
Such uses shall meet all setback and yard requirements of this chapter.
(3)
Such uses shall not involve the construction or alteration of any permanent structure.
(4)
The previous operation of an unspecified temporary use shall not be considered grounds for reestablishment of such use on either a permanent or temporary basis.
B.
Camping on a lot during construction of a single-family dwelling shall be allowed, subject to the following:
(1)
A land use permit for a single-family residence has been secured and a slab, crawl space or foundation for the single-family dwelling unit has been installed.
(2)
A land use permit which authorizes such camping has been secured.
(3)
The camping unit shall be located at least 25 feet from all lot lines and at least 50 feet from any dwelling unit other than that of the owner of the land upon which the camping unit is placed and shall meet the setback requirements.
(4)
An approved on-site waste disposal system, designed to accommodate the single-family residence, has been installed on the property prior to the placement, erection and/or use of the camping unit to serve as a means of sanitary waste disposal for the users of the camping unit.
(5)
The camping activity shall cease upon the completion of the single-family dwelling unit on the property.
(6)
Renewal permits shall only be issued when substantial progress toward completion of the single-family dwelling unit is demonstrated during the previous year.
C.
A contractor's project office shall be permitted subject to the following:
D.
An on-site real estate sales office shall be permitted by land use permit subject to the following:
(1)
Structure shall not exceed 5,000 square feet in total floor area.
(2)
Facility shall be removed or converted to a permitted land use within 10 days of the completion of sales activity.
(3)
Such sales office that is to be in place for more than 365 days shall require a conditional use permit.
(4)
Model homes shall be permitted under this subsection.
(5)
No more than one on-premises sign shall be permitted. Such sign shall not exceed four square feet in sign face area and shall not be illuminated. No pennants, banners, flags or similar devices shall be allowed.
E.
Temporary residence during construction of principal dwelling. An existing dwelling or manufactured home may be used as a temporary residence during construction of a new dwelling on the same parcel, subject to the following:
(1)
A land use permit shall be obtained for the temporary residence.
(2)
The temporary residence, if a manufactured home moved onto the lot, shall comply with all setback requirements of this chapter.
(3)
Such temporary residence shall be connected to an approved wastewater disposal system.
(4)
A permit for the temporary residence shall lapse at such time as the principal dwelling is completed and has been connected to utilities or 12 months from the date of issuance, whichever is earlier.
(5)
The temporary residence shall be removed or destroyed at the time the permit for such temporary residence lapses or converted to a nonresidential use.
F.
Temporary concrete or asphalt batch plants, subject to the following:
[Amended 6-24-2003 by Ord. No. 03-11[1]]
(1)
Application. In addition to the application requirements established in § 240-76, the following information shall be submitted with the application:
(a)
Plans for controlling erosion of stockpiled material used in manufacturing concrete or asphalt.
(b)
Restoration plan for the site which describes or illustrates measures taken to restore the site to a condition of practical usefulness and reasonable physical attractiveness. The restoration plan shall describe methods for establishing vegetative cover on all exposed soil.
(2)
Conditional use permits granted for temporary concrete or asphalt batch plants shall be only for the period of the actual project work.
(3)
Temporary concrete or asphalt batch plants shall be removed from the premises within 60 days of completion of the project.
[1]
Editor's Note: This ordinance repealed former Subsection F(1) and renumbered former Subsection F(2)(3) and (4) as F(1), (2) and (3), respectively.