Vinland Town City Zoning Code
ARTICLE III
Zoning Districts
§ 410-16 Zoning districts designated.
For the purpose of this chapter, the Town of Vinland, Winnebago County, is hereby divided into the following 16 districts:
R-1 | Rural Residential District (nonsubdivided) |
R-2 | Suburban Residential District (subdivided) |
R-3 | Two-Family Residential District |
R-4 | Multiple-Family Residential District (sewered) |
R-5 | Planned Residential District (sewered) |
MH-1 | Mobile Home District (subdivided; sewered or unsewered) |
G-1 | Garage Lot District (floating) |
B-1 | General Commercial District |
B-2 | Highway Business Park District |
B-3 | General Business District |
P-1 | Institutional and Recreational Park District |
A-1 | Farmland Preservation District |
A-2 | General Farming District |
M-1 | Light Industrial and Office District |
M-2 | Heavy Industrial District |
M-3 | Extraction or Landfill Overlay District |
§ 410-17 District boundaries.
A.
Zoning Map. The boundaries of the districts enumerated in § 410-16 above are hereby established as shown on a map entitled "Zoning Map, Town of Vinland, Wisconsin," as amended periodically, which is adopted by reference and made a part hereof. The Map shall bear upon its face the attestation of the Town Chairperson and the Town Clerk and shall be available to the public in the office of the Town Clerk.
B.
Boundary lines. The boundaries shall be construed to follow corporate limits; United States Public Land Survey Lines; lot or property lines; center lines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended, unless otherwise noted on the Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Unzoned lands. Unzoned lands located in the Town not otherwise zoned or coming into the Town under Town zoning jurisdiction by any means shall initially be placed in the A-2 General Farming District until rezoned by the Town with approval of the Winnebago County Board.
E.
Residential districts interpretation. The residential zoning standards of this chapter have been divided into those suitable for homesites with public sewer and those for homesites dependent upon on-site sewage disposal systems. Home sites developed on a scattered basis, disassociated from any recorded subdivision or approved planned unit development shall conform to the lot size and associated standards of the appropriate residential district designated "nonsubdivided." The reduced lot size and associated standards which accompany residential districts designated as "subdivided" shall be utilized in determining optimum land use in the process of establishing a duly recorded subdivision. Subdivided lot sizes and standards shall not be applied to any unplatted lands or assessor's plats and, when applied to existing plats, shall not allow a reduction in recorded lot size without a replat of the affected subdivision.
F.
Business district interpretation. The uses within each business district have been grouped according to the expected intensity of the commercial activity. Also, lot sizes have been adjusted according to service by public sewer or on-site sanitary system.
§ 410-18 R-1 Rural Residential District (nonsubdivided).
A.
Purpose. The intent of this district is to provide a lot size and associated standards for homesites developed on a scattered basis. The criteria of this district are designed to provide reliable single-family homesites in those areas where neighborhood and community facilities and services are of secondary significance to the location of the homesite itself.
B.
Permitted uses. Permitted uses in this district are as follows:
(1)
Incidental agricultural activities when the site is used as a farm homesite or the following uses, provided that they shall be of noncommercial nature:
(a)
Nurseries and orchards.
(b)
Raising and keeping of dogs (maximum of three per Town of Vinland Code Chapter 167, Animals, § 167-14C) - not include breeding or boarding.
(c)
Raising of chickens, for personal use whether or not incidental to agricultural activities, requirements are not to exceed eight hens (female chickens). Roosters (male chickens) are prohibited. Containment on property is required.
(d)
Smaller "hobby" type animals such as rabbits, hares, etc. - not to include those animals of such size or character as to normally be considered to be big game, e.g., lions, tigers, bears, etc., and not to include furbearing animals, e.g., mink, chinchilla, etc., except for rabbits.
[Amended 6-11-2013]
C.
Conditional uses. Conditional uses in this district shall be as follows.
(1)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Public, private and parochial elementary and secondary schools and all churches.
(b)
Clubs, fraternities, lodges and meeting places of a noncommercial nature.
(c)
Home occupations and professional offices.
(d)
Model homes and accessory signs.
(2)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Utilities and associated structures, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(b)
Governmental and cultural uses, except the Town Hall, Town offices and Town fire stations shall be considered principal uses; they shall require a conditional use.
(c)
One-time disposal, except in a Floodplain/Shoreland District, subject to receiving DNR permit.
(3)
Other.
(a)
The following uses, provided that they shall be of noncommercial nature and comply with Subsection C(3)(b) through (d) below:
[1]
Raising and keeping of stable animals and all other domestic livestock.
(b)
There shall be a minimum lot area of five acres to consider the raising and keeping of stable animals and domestic livestock.
(c)
Where the application is for the raising and keeping of stable animals or domestic livestock or for the development of orchards or nurseries, the applicant must reserve sufficient area for the relocation of the residential structure's drain field. Such reserved area must be verified as suitable by a certified soil tester or by detailed soil maps. Furthermore, the reserved area must be safeguarded from heavy traffic and shall be located so as to comply with the setback standards of Table 383.43-1 in § SPS 383.43, Wis. Adm. Code, and the Winnebago County Sanitary Ordinance[1] - both for existing and future structures.
[1]
Editor's Note: See Ch. 16 of the Winnebago County Code.
(d)
The number of animals to be kept shall be established in the conditional use approval.
D.
Basic district standards. The basic lot standards in this district shall be as follows:
(1)
Unsewered lot width: minimum 200 feet on a public road.
(2)
Unsewered lot area: minimum 43,500 square feet.
(3)
Sewered lot width: minimum 85 feet.
(4)
Sewered lot area: minimum 12,000 square feet.
(5)
Building height: maximum 35 feet.
(6)
Yard setbacks.
(a)
Street:
[1]
Minimum 50 feet (sewered).
[2]
Minimum 50 feet (unsewered).
(b)
Rear: minimum 25 feet (sewered or unsewered).
(c)
Side:
[1]
Minimum seven feet one side.
[2]
Minimum 10 feet other side.
[3]
Shore: minimum 75 feet.
(7)
Minimum dwelling width: 20 feet, measured from narrowest part of structure; minimum area of 1,000 square feet.
E.
Accessory uses. Permitted accessory uses in this district shall include stables, sheds and similar structures for Group 3 conditional uses, provided their combined floor area does not exceed 1% of the total lot area.
F.
Accessory structure standards. Accessory structure standards for this district, in addition to those set forth in Article XI, shall be as follows:
(1)
Building height: maximum 18 feet.
(2)
Yard setback.
(a)
Street: minimum 100 feet or as specified in the conditional use approval.
(b)
All other: minimum 50 feet.
(3)
Confinement setbacks. The permanent confinement of animals, the placement of pens and location of structures for same shall be a minimum of 75 feet from any adjoining residence. (Said adjoining residence shall have the right to expand, remodel or reconstruct without regard for this minimum distance.)
§ 410-19 R-2 Suburban Residential District (subdivided).
A.
Purpose. The intent of this district is to provide a lot size and associated standards for homesites in a duly recorded and legally maintained subdivision. The criteria of this district have been designated to provide reliable single-family homesites in those developing areas which do not have public sanitary sewer but which offer a suburban arrangement of amenities, services, facilities, etc.
B.
Permitted uses. Permitted uses in this district are as follows:
(1)
One-family dwellings on lots, which have been developed and recorded according to Ch. 236, Wis. Stats., and Chapter 361, Subdivision of Land, of this Code, for lots not served by public sanitary sewer. These shall be single-family dwellings, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of single-family dwelling.
(2)
Manufactured homes complying with all of the following requirements and limitations:
(a)
The home shall be a double wide of at least 25 feet in width and 36 feet in length.
(b)
The home shall be installed on an approved foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector. The Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.
(c)
The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches, which is permanently covered with nonreflective material. (See also § 410-14.)
(e)
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Town of Vinland.
(3)
Community living arrangement and day-care centers which have a capacity for eight or fewer persons.
(4)
Foster family care.
(5)
Home occupations and professional home offices.
C.
Conditional uses. Conditional uses in this district shall be as follows:
(1)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Public, private and parochial elementary and secondary schools and all churches.
(b)
Clubs, fraternities, lodges and meeting places of a noncommercial nature.
(c)
Home occupations and professional offices.
(d)
Model homes and accessory signs.
(2)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Utilities and associated structures, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(b)
Governmental and cultural uses, except the Town Hall, Town offices and Town fire stations shall be considered principal uses; they shall require conditional use approval.
(c)
One-time deposit, except in a Floodplain/Shoreland District, subject to receiving DNR permits.
D.
Basic district standards. The basic lot standards in this district shall be as follows:
(1)
Unsewered lot width: minimum 100 feet.
(2)
Unsewered lot area: minimum 43,000 square feet (unless otherwise determined by soil conditions and/or percolation rates).
(3)
Sewered lot width: minimum 65 feet.
(4)
Sewered lot area: minimum 9,000 square feet.
(5)
Building height: maximum 35 feet.
(6)
Yard setbacks.
(a)
Street: minimum 30 feet.
(b)
Rear: minimum 25 feet.
(c)
Side:
[1]
Minimum seven feet one side.
[2]
Minimum 10 feet other side.
(d)
Shore: minimum 75 feet.
(7)
Minimum dwelling width: 20 feet, measured from the narrowest part of the structure; minimum area of 1,000 square feet.
§ 410-20 R-3 Two-Family Residential District.
A.
Purpose. The intent of this district is to provide a lot size and associated standards for a homesite which will accommodate the use of a duplex housing type. Since the two-family dwelling produces a divergent occupancy pattern from that of the traditional single-family dwelling, duplex zoning - when desired - should be applied on a district basis, adjacent to but not within the character of the single-family neighborhood in which it is to be located.
B.
Permitted uses. Permitted uses in this district are as follows:
(1)
Two-family and single-family dwellings.
(2)
Incidental agricultural activities when such a site is utilized as a farm homesite in an A-1 or A-2 District.
C.
Conditional uses. Conditional uses in this district shall be as follows:
(1)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Public, private and parochial elementary and secondary schools and all churches.
(b)
Clubs, fraternities, lodges and meeting places of a noncommercial nature.
(c)
Home occupations and professional offices.
(d)
Model homes and accessory signs.
(2)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Utilities and associated structures, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(b)
Governmental and cultural uses, except the Town Hall, Town offices and Town fire station shall be considered principal uses; they shall require conditional use approval.
(c)
One-time disposal, except in a Floodplain/Shoreland District, subject to receiving DNR permit.
(3)
Senior citizen homes, nursing homes and homes for the aged.
(4)
Day-care centers and children's nurseries.
(5)
Medical clinics.
D.
Basic district standards. The basic lot standards in this district shall be as follows:
(1)
Unsewered lot width: minimum 200 feet.
(2)
Unsewered lot area: minimum 43,000 square feet.
(3)
Sewered lot width: minimum 85 feet.
(4)
Sewered lot area: minimum 10,000 square feet.
(5)
Building height: maximum 35 feet.
(6)
Street yard setbacks (unsewered).
(a)
Minimum 30 feet subdivided.
(b)
Minimum 50 feet nonsubdivided.
(7)
Street yard setbacks (sewered).
(a)
Minimum 30 feet subdivided.
(b)
Minimum 50 feet nonsubdivided.
(8)
Other yards.
(a)
Rear: minimum 25 feet.
(b)
Side:
[1]
Minimum seven feet one side.
[2]
Minimum 10 feet other side.
(c)
Shore: minimum 75 feet.
§ 410-21 R-4 Multiple-Family Residential District (sewered).
A.
Purpose. The intent of this district is to provide residential development of walk-up type apartment buildings which provide rental housing to be built within the economies of scale, while retaining a relatively low density pattern. The use of this district should be applied to those locations in the neighborhood in which it will be compatible with surrounding uses; where the increased density would not create a service problem; and where the use will accommodate both the existing or anticipated character of the surrounding area and the future needs of the multiple-family development itself.
B.
Permitted uses. Permitted uses in this district shall be as follows:
(1)
Multiple-family dwellings on lots served by public sanitary sewers.
C.
Conditional uses. Conditional uses in this district shall be as follows:
(1)
In addition to those stated elsewhere in this chapter, the follow shall be conditional uses:
(a)
Public, private and parochial elementary and secondary schools and all churches.
(b)
Clubs, fraternities, lodges and meeting places of a noncommercial nature.
(2)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Utilities and associated structures, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(b)
Governmental and cultural uses, except the Town Hall, Town offices and Town fire stations shall be considered principal uses; they shall require conditional use approval.
(c)
One-time disposal, except in a Floodplain/Shoreland District, subject to receiving DNR permit.
(3)
All conditional uses specified under the R-2 Two-Family Residential District.
D.
Basic district standards. The basic lot standards in this district shall be as follows:
(1)
Lot width: minimum 120 feet.
(2)
Lot area: minimum 15,000 square feet with an increase in area of 1,500 square feet for each added unit over a four-unit structure.
(3)
Building height: maximum 36 feet.
(4)
Yard setbacks.
(a)
Street: minimum 40 feet.
(b)
Rear: minimum 40 feet.
(c)
Shore: minimum 75 feet.
(d)
Open space: minimum 500 square feet per unit.
§ 410-22 R-5 Planned Residential District (sewered).
A.
Purpose. The intent of this district is to produce a total residential development area with standards designed to encourage creativity in the arrangement and placement of residential dwellings. To this end, the district allows a diversity of dwelling types, open spaces, and uses conceived and planned as comprehensive and cohesive projects. Furthermore, the application of this district should produce a more rational and economic use of land and public services while encouraging the preservation of open space.
B.
Permitted uses. All permitted structures shall be arranged and development organized following approval under the procedures established under Article IV. (Development by individual lots or condominium.)
(1)
Attached single-family dwellings.
(2)
Clustered single-family dwellings.
(3)
Lot development.
(4)
Two-family dwellings.
(5)
Multiple-family dwellings, served by a public sanitary sewer system.
C.
Conditional uses. If project is approved under procedures in Subsection D below:
(1)
Location, site and operational plans for all structures and improvements which serve the principal use.
(2)
All principal, conditional and Article IV approved uses of the B-1 and B-2 Business Districts and any other business uses which will complement the density and setting of the residential development.
(3)
Elevator apartments in excess of 35 feet in height when distance between the subject building and other structures and/or from property lines is increased at a rate of two feet for each additional five feet of height of the building over the first 35 feet of height.
(4)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Public, private and parochial elementary and secondary schools and all churches.
(b)
Clubs, fraternities, lodges and meeting places of a noncommercial nature.
(c)
Home occupations and professional offices.
(d)
Model homes and accessory signs.
(5)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Utilities and associated structures, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(b)
Governmental and cultural uses, except the Town Hall, Town offices and Town fire stations shall be considered principal uses; they shall require conditional use approval.
(c)
One-time disposal, except in a Floodplain/Shoreland District, subject to receiving DNR permit.
(6)
All conditional uses specified for the R-3 Two-Family Residential District.
(7)
Patio or zero-side-yard houses.
(8)
Single- and two-family residences with on-site sewage disposal systems, providing the overall density of the development does not exceed two dwelling units/acre.
(9)
Private roads.
D.
Approval procedures.
(1)
Application. In addition to the requirements of Article IV, there shall be a preliminary plan provided with each application. The data on this plan shall conform to the standard of Section 18.08 of the Winnebago County Subdivision Ordinance and shall also show:[1]
(a)
The overall plan for development; including grading, landscaping, exterior design and location of buildings, lots, all common structures, facilities, utilities, access roads, streets, sidewalks, parking and open spaces;
(b)
Total development area (square feet);
(c)
Total proposed number of living units;
(d)
Total proposed building area at ground level, including garages, carports and other community facilities;
(e)
Total open space area (square feet);
(f)
Total number of parking spaces.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2)
Final plan. In the event the Town Board approves the preliminary plan or tentatively approved it with conditions, the applicant shall submit a final plan for final approval within six months. (After six months the applicant must resubmit an original application in order to be eligible for further consideration.)
(3)
Permit. Issuance of a conditional use permit for a planned residential district shall be based upon the following evaluation of the final plat:
(a)
That the final plan conforms to the conditions for approval of the preliminary plan;
(b)
That all basic district standards are satisfied;
(c)
That the overall density of the project is in compliance with a comprehensive plan or, where no such plan has been duly adopted, is in the Board's judgment compatible with the surrounding areas and/or within the capacity of the community's public services;
(d)
That public sewer and adequate water is present;
(e)
That landscaping and grading will be done to assure compliance with §§ 410-12 and 410-15;
(f)
That the streets to be provided will assure a traffic circulation pattern which minimizes through traffic, allows for adequate turning and parking and provides ample space for the turning and effective use of snowplows, garbage and fire trucks, the loading and unloading of furniture and other pickups and deliveries without blocking traffic.
(g)
That there will be a minimum number of conflicts between pedestrian and vehicular traffic;
(h)
That adequate lighting will be provided;
(i)
That the final plans include the planting of adequate trees and shrubs where not already present;
(j)
That the design of the development is in harmony with existing surroundings and will not be detrimental to the character of the neighborhood.
(k)
That adequate surety bonds and/or scheduling dates are provided to guarantee the improvements shown on the plans;
(l)
That deed restrictions are included to assure the proper preservation, care and maintenance by the original and all subsequent owners of the exterior design and layout of the development and of all common structures, facilities, utilities, accesses, open spaces and park lands;
(m)
That the final plan shall be platted and duly recorded according to the standards and procedures of the Winnebago County Subdivision Ordinance; Chapter 361, Subdivision of Land, of this Code and Ch. 236, Wis. Stats.
E.
Basic district standards. The basic lot standards in this district shall be as follows.
(1)
Development area: minimum 10 acres under single ownership.
(2)
Development width: minimum 80 feet.
(3)
Open space area: minimum 20% of the development area.
(4)
Lot area.
(a)
Minimum 8,000 square feet per row house.
(b)
Minimum 21,251 square feet per one-family dwelling.
(c)
Other uses according to conditional use permit.
(5)
Lot width: minimum 50 feet. (All lot areas to be designed by broken line on plot plan when in condominium ownership.)
(6)
Building height: maximum 35 feet.
(7)
Yard setbacks.
(a)
Street: minimum 30 feet.
(b)
Rear: minimum 25 feet.
(c)
Side: minimum 15 feet between single- and two-family dwellings.
(d)
Other:
[1]
Minimum 30 feet from public street rights-of-way.
[2]
Minimum 30 feet from exterior property lines of the development and between multiple-family and row house buildings.
[3]
All other uses according to conditional use permit.
(e)
Shore: minimum 75 feet.
§ 410-23 MH-1 Mobile Home District (subdivided; sewered or unsewered).
A.
Purpose. The intent of this district is to provide a lot size and associated standards for mobile homes in a duly recorded and legally maintained mobile home park subdivision. The criteria of this district have been designed to provide reliable homesites in those developing areas which do or do not have public sanitary sewer and which offer a suburban arrangement of amenities, service, facilities, etc.
B.
Permitted uses. Permitted uses in this district shall be as follows:
(1)
Mobile home dwellings on lots which have been developed and recorded according to Ch. 236, Wis. Stats., the Winnebago County Subdivision Ordinance and Chapter 361, Subdivision of Land, of this Code.
C.
Conditional uses. Conditional uses in this district shall be as follows.
(1)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Public, private and parochial elementary and secondary schools and all churches.
(b)
Clubs, fraternities, lodges and meeting places of noncommercial nature.
(c)
Home occupations and professional offices.
(d)
Model homes and accessory signs.
(2)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Utilities and associated structures, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(b)
Governmental and cultural uses, except the Town Hall, Town offices and Town fire stations shall be considered principal uses; they shall require conditional use approval.
(c)
One-time disposal, except in a Floodplain/Shoreland District, subject to receiving DNR permit.
(3)
Mobile home parks according to the procedures for application and permit provided under R-5 Planned Residential District, providing:
(a)
Each mobile home shall be located on a lot of not less than 5,000 square feet.
(b)
Each mobile home lot shall contain a parking space upon which the mobile home shall be situated, which parking space shall be gravel or paved with concrete or bituminous material.
(c)
There shall be a system of roadways with a minimum with of 36 feet, surfaced as required by Subsection C(3)(b) above, providing access from each and every trailer and automobile parking space within such mobile home park subdivision to the public street or highway, provided that there shall not be more than two entrances from or exits to such street or highway from any one such park.
(d)
Each mobile home space shall be separated from all other mobile home spaces, automobile parking spaces or service buildings or structures within such park by open spaces, permanently planted with grass, flowers, shrubs or trees, which shall not be less than 15 feet wide, except that there need not be more than a five-foot setback from an access driveway; provided, however, that such five-foot setback shall apply to the longest trailer to be accommodated within such park.
(e)
Each mobile home park shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required yards and open spaces, which shall not be less than 15 feet wide.
(f)
Each mobile home park shall maintain an office where a register shall be kept for the registration of all occupants, which register shall be open to Town officials for inspection.
D.
Basic district standards. The basic lot standards in this district shall be as prescribed for the R-2 Suburban Residential District.
§ 410-24 G-1 Garage Lot District (floating).
A.
Purpose. The intent of this district is to allow the establishment of garage lots in conjunction with existing residential lots - particularly along the water - not having sufficient area, width or depth to allow construction of a garage. This district will allow the establishment of such a garage lot directly across the road from an existing residential lot.
B.
Permitted use. One detached garage as an accessory use to an existing residential lot.
C.
Basic district standards. The basic lot standards in this district shall be as follows.
(1)
Lot width: as required to align directly across from an existing residential lot but shall not be less than 40 feet.
(2)
Lot area: minimum as required to meet minimum yard requirements.
(3)
Structure height: maximum 18 feet.
(4)
Structure floor area: maximum 900 square feet.
(5)
Yard setbacks.
(a)
Rear: minimum 25 feet.
(b)
Side:
[1]
Minimum 10 feet one side.
[2]
Minimum 25 feet total both sides.
(c)
Shore: minimum 50 feet.
D.
Deed restrictions. In addition, prior to the issuance of a zoning permit, the garage lot and existing related residential lot shall be deed restricted so as to treat use and transfer of ownership of the two lots as one parcel.
E.
Plan approval. Approval of building site and operational plans shall be pursuant to Article IV.
§ 410-25 B-1 General Commercial District.
A.
Permitted uses. The B-1 General Commercial District is intended to provide an area for the business and commercial needs of the Town. The intent of this district is to provide for an individual or a small grouping of retail and customer service establishments which will serve the daily needs of local area residents. The physical location and arrangement of these facilities should be laid out so as to orient themselves to the local residential population to be served while remaining compatible in appearance and character with this area. The following uses of land are permitted.
(1)
General business and commercial uses which do not generate noise or odors that would create a public or private nuisance. These uses generally include:
(a)
Banks, commercial or professional offices, telephone offices and post offices.
(b)
Clubs, lodges and organizations.
(c)
Places of amusement: theaters, nightclubs, bars, restaurants and related uses.
(d)
Personal service and equipment service establishments.
(e)
Retail stores and shops and small service businesses, such as art shops; professional studios; clothing, drug, grocery, fruit, meat, vegetable, confectionery, hardware, sporting goods, stationery, music, variety and notion stores; household appliance, fixture and furnishing stores and repair shops; stores and shops for barbers, beauticians, cabinet makers, electricians, florists, jewelers, watchmakers, locksmiths, painters, tailors, taxidermists, plumbers, shoemakers, dressmakers, pressers, photographers.
(f)
Greenhouses.
(g)
Other uses similar to or customarily incidental to any of the above uses.
(2)
Churches.
(3)
The enclosed parking of trucks as an accessory use, when used in the conducting of permitted businesses, shall be permitted for vehicles of not over 1 1/2 tons of capacity when located within 75 feet of a residence district boundary line.
B.
Conditional uses. The following are conditional uses in the B-1 District, subject to approval under Article IV.
(1)
Residential apartments may be permitted as a conditional use, provided that the quarters are an integral part of the design of the commercial activities, not exceeding 60% of the floor area of the structure.
(2)
Agricultural implement business.
(3)
Animal or veterinary hospital or animal sales shop.
(4)
Automobile display and salesroom, parking lots and structures and, when accessory thereto, the retail sale of automobile parts and accessories and the washing, cleaning, greasing and servicing of automobiles, including minor adjustments and repairs, but not major rebuilding or demolition or spray painting.
(5)
Baker, laundry or dry-cleaning establishment employing more than five people.
(6)
Billiard or pool hall or bowling alley.
(7)
Cabinet making or carpenter's shop.
(8)
Commercial recreational facilities, e.g.:
(a)
Clubs.
(b)
Driving ranges.
(c)
Miniature golf.
(d)
Skating rinks.
(e)
Dance halls.
(f)
Lodges.
(g)
Physical culture.
(9)
Drive-in restaurant or food-serving facilities.
(10)
Funeral homes.
(11)
Plumbing or heating fixture or supply shop, machine shop, tin shop, sheet metal shop, welding shop, pattern shop, sign shop, printing shop, monument works or similar business or industry employing more than three persons on the premises.
(12)
Secondhand store or business dealing in secondhand goods or antiques.
(13)
Water-orientated commercial uses when on lakes and streams, e.g.:
(a)
Bait shops.
(b)
Bath houses.
(c)
Bathing and fishing areas.
(d)
Boat and marine sales.
(e)
Boat-launching areas.
(f)
Boat liveries.
(g)
Boat storage.
(h)
Repair and service marinas.
(i)
Sales, service and repairs.
(j)
Dance halls.
(k)
Fishing equipment sales.
(l)
Hotels.
(m)
Resorts.
(n)
Restaurants.
(o)
Campgrounds.
C.
Area, height and yard requirements.
(1)
Maximum building heights: 35 feet.
(2)
Yard setbacks.
(a)
Street: minimum 30 feet.
(b)
Side: minimum 10 feet each side.
(3)
Minimum rear yard setbacks: 25 feet, principal and accessory structures.
(4)
Minimum lot size.
(a)
One-acre minimum (unsewered).
(b)
Forty thousand square feet (sewered).
(5)
Minimum frontage.
(a)
One hundred feet unsewered.
(b)
Seventy-five feet sewered.
§ 410-26 B-2 Highway Business Park District.
[Amended 2010]
A.
Purpose. The B-2 Highway Business Park District is established to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, non-nuisance-type operations and research and development institutions. The essential purpose of this district is to achieve economic development which is an asset to the owners, neighbors and the Town and to promote and maintain desirable planned economic development. In addition, the B-2 District is intended to provide appropriate locations for orderly and attractive grouping of highway-oriented commercial activities, emphasizing a business park environment.
B.
Permitted and conditional uses. The permitted and conditional uses hereunder are subject to the provisions of Article IV and Subsections C and D below.[1]
(1)
Permitted uses.
Dwelling units (conversion units, apartments and rented rooms), provided the minimum requirements of the B-1 District are adhered to and the intent of the chapter upheld. | |
Agricultural uses | |
Gift shop | |
Greenways, open spaces and parking | |
Parks | |
Medical clinics | |
Grocery stores | |
Municipal service buildings and functions | |
Sales and storage | |
Medical (including physicians, dental, chiropractic, physical therapy and optometry) | |
Legal | |
Real estate offices | |
Counseling | |
Financial (banks, credit unions and brokerage) | |
Insurance | |
Travel agency | |
Business services (consulting, computer and employment) | |
Accounting | |
Engineering | |
Post office | |
Telephone/telecommunications operations | |
Educational functions (technical school, community college, etc.) | |
State or local office building | |
Office showrooms | |
Funeral homes | |
Services uses, including computer and data processing services, miscellaneous business services, offices (business and professional) and communication services | |
Telecommunications facilities |
(2)
Conditional uses.
Motor vehicle sales and service establishments, gas stations and public garages | |
Drive-in establishments serving food and beverages for consumption on the premises, entertainment and amusement establishments and parking lots | |
Motels, motor hotels, tourist homes and informational centers | |
Recreational establishments, including drive-in theaters, golf or baseball driving ranges, archery fields, miniature golf courses or similar uses | |
Automobile sales and service | |
Drive-in establishments serving food and beverages | |
Implement sales and service | |
Mobile home sales | |
Motels | |
Nightclubs | |
Restaurants | |
Utility lines and their appurtenances | |
Automobile and truck wash facilities | |
Building materials | |
Electronic and precision instruments manufacture | |
Food processing | |
Light machinery production | |
Printing and publishing | |
Trade and contractor's offices and storage | |
Transshipment depots | |
Trucking terminals | |
Warehousing | |
Child care | |
Veterinarian clinic | |
Printing | |
State-classified manufacturing operations | |
Warehousing or distribution operations, not including predominantly retail sales to customers on site. | |
Offices of construction firms, shops, display rooms and enclosed storage | |
Laboratories, research, development and testing, and manufacturing and fabrication in conjunction with such research and development and operations | |
Public utilities and public services | |
Conference centers and hotel facilities | |
Uses clearly similar or incidental to those listed above |
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C.
Lot, yard and building requirements.
(1)
Minimum dimensional requirements. To be eligible for zoning under this district, the parcel to be zoned shall be platted, shall have a minimum size of 10 acres or divided into lots with a minimum size of one acre or more each.
(2)
Lot frontage: minimum 100 feet.
(3)
Lot area: minimum one acre.
(4)
Front yard: minimum 25 feet.
(5)
Side yard: minimum 15 feet.
(6)
Rear yard: minimum 30 feet.
(7)
Building height: maximum 35 feet.
(8)
Requirements may be modified by conditional use permit.
D.
Other requirements. Uses permitted and conditional in the B-2 District are subject to the following requirements:
(1)
No building or improvement shall be erected, placed or altered on any lands in the B-2 District until the plans for such building or improvement, including site, landscaping and building plan and specifications, have been approved by the Town Board. The Town Board shall review and approve, approve conditionally or disapprove such plans with respect to conformity with deed restrictions and protective covenants placed on the land in the B-2 District.
(2)
Design standard in the B-2 District shall include as a minimum the following standards:
(a)
All uses shall comply with Town performance standards for air pollution, fire and explosive hazards, glare and heat, liquid or solid wastes, noise and vibration, odors, radioactivity and electrical disturbances and refuse.
(b)
All business, servicing or processing, except off-street parking and loading and outside storage areas regulated by restrictive covenants, shall be conducted within completely enclosed buildings.
(c)
The building coverage on any zoning lot shall not exceed 60%, nor be less than 25%.
(d)
All areas not covered by buildings or parking lots shall be landscaped, subject to detail requirements of restrictive covenants.
(e)
All zoning lots abutting residentially zoned districts shall be screened.
§ 410-27 B-3 General Business District.
[Added 4-8-2013]
A.
The primary intent of this district is to provide for the special development needs of those wholesale and retail stores, shops and services and those professional offices which, by their nature, are dependent upon a wide trade area and/or employee base. The secondary intent of this district is to provide for certain commercial activities which are uniquely oriented towards the service of highway traffic. Therefore, whether for use as a wide retail district or for use by highway business, this district should be utilized to produce a safe and orderly placement of facilities and activities along and/or with access to major traffic routes. Additionally, when applied as a wide business district, its size and location should be in relationship to the needs and economy of the entire service area.
(1)
Recommended district size: 12 to 20 acres (unsewered).
(2)
(Per 9,000 to 12,000 families): six to 10 acres (sewered).
B.
Permitted uses shall include all principal uses permitted in the B-1 District. Also, the following uses and similar wholesale and retail stores, shops and services, provided that they do not have outdoor storage yards:
Automotive parts and supply store | |
Auto, truck and heavy equipment | |
Sales, service, mechanical and body repair | |
Boat sales, rental and repair | |
Building material and product sales | |
Department stores, except discount department stores and discount centers | |
Exterminating shops | |
Food lockers | |
Food packaging and distribution | |
Monument sales | |
Motorcycle and recreational vehicle sales, repair and service | |
Physical culture and health studios | |
Printing, advertising and publishing shops | |
Private clubs, lodges and indoor court facilities | |
Radio broadcasting studios | |
Secondhand shops | |
Trade and contractors' offices | |
Feed and seed stores | |
Vending machine sales, service and repair | |
Wholesale establishments |
C.
B-3 basic district standards. The basic lot standards in this district shall be as follows:
Lot | |||||
|---|---|---|---|---|---|
(sewered) | Frontage: Width: Area: | minimum 75 feet minimum 85 feet minimum 15,000 square feet | |||
(unsewered) | Frontage: Width: Area: | minimum 100 feet minimum 100 feet minimum 30,000 square feet | |||
Building | Height: | maximum 35 feet | |||
Yards | |||||
(sewered) | Street: Rear: Side: Shore: | minimum 30 feet minimum 25 feet minimum 7 feet 1 side minimum 10 feet either side minimum 75 feet | |||
(unsewered) | Street: Rear: Side: Shore: | minimum 50 feet minimum 50 feet minimum 7 feet 1 side minimum 10 feet either side minimum 75 feet | |||
D.
B-3 conditional uses. (See Article IV.) Permitted conditional uses in this district shall be as follows:
(1)
All conditional uses specified under the B-1 District.
E.
Approval of building site and operational plans.
(1)
Highway business uses - (HB), such as:
(a)
Drive-in establishments serving food or beverages for consumption outside the structure.
(b)
Motels, mini warehouses.
(c)
Tourists' homes, provided such district is located on a state trunk or United States numbered highway.
(d)
Highway-oriented recreation, e.g., driving ranges, miniature golf.
(e)
Discount department stores and discount centers.
(f)
Home building centers, including lumberyards.
(g)
Outdoor sales, e.g., garden centers, nurseries and greenhouses.
(h)
Any B-3 principal use to be developed in an area mapped as B-3 (HB) referred to in the Town of Vinland Comprehensive Land Use Plan.
(2)
Outdoor display areas when accessory to a principal use.
F.
B-3 General Business District accessory uses. In addition to those accessory uses specified under Article IV, the following accessory standards shall apply in all General Business Districts:
(1)
In addition to those accessory uses specified or under a special district, the following accessory standards shall apply in all General Business Districts:
(a)
Signs are permitted under Article VII.
G.
B-3 other requirements. Uses permitted and conditional in the B-3 District are subject to the following requirements:
(1)
No building or improvement shall be erected, placed or altered on any lands in the B-3 District until the plans for such building or improvement, including site, landscaping and building plan and specifications, have been approved by the Town Board. The Town Board shall review and approve, approve conditionally or disapprove such plans with respect to conformity with deed restrictions and protective covenants placed on the land in the B-3 District. The deed restrictions and protective covenants must be approved by the Town Board. The approved deed restrictions and protective covenants must be recorded on the land prior to rezoning to the B-3 District. A zoning permit is required.
(2)
Design standards in the B-3 District shall include as a minimum the following standards:
(a)
All uses shall comply with Town performance standards for air pollution, fire and explosive hazards, glare and heat, liquid or solid wastes, noise and vibration, odors, radioactivity and electrical disturbances and refuse.
(b)
All business, servicing or processing, except for off-street parking and loading and outside storage areas regulated by restrictive covenants, shall be conducted within completely enclosed buildings.
(c)
All areas not covered by buildings or parking lots shall be landscaped subject to detail requirements of restrictive covenants.
(d)
All zoning lots abutting residentially zoned districts shall be screened.
§ 410-28 P-1 Institutional and Recreational Park District.
A.
Purpose. The intent of this district is to provide an area for public and private institutional and recreational uses. The area utilized for such a district should be such that it is compatible with and is an asset to the surrounding land uses.
B.
Permitted uses. Permitted uses in this district shall be as follows.
(1)
Public and private institutional uses such as:
(a)
Cemeteries.
(b)
Colleges and universities.
(c)
Parks and playgrounds.
(d)
Religious and charitable institutions.
(e)
Schools.
C.
Conditional uses. Conditional uses in this district shall be as follows:
(1)
Airports, airstrips and landing fields with a minimum area of 20 acres.
(2)
Public and quasi-public cultural recreational facilities, e.g.:
(a)
Golf courses.
(b)
Campgrounds.
(c)
Driving ranges.
(d)
Archery and firearm ranges (outdoors).
(e)
Sports fields.
(f)
Zoological and botanical gardens.
(g)
Race tracks.
(h)
Exposition and fairgrounds.
(i)
Riding academies and stables.
(3)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Residential apartments may be permitted as a conditional use, provided that the quarters are an integral part of the design of the commercial activities not exceeding 60% of the floor area of the structure.
(b)
Public passenger transportation terminals, such as heliports, bus and rail depots - except airports, airstrips and landing fields, provided all principal structures and uses are not less than 100 feet from any residential district boundary.
(c)
Vehicle service, washing, repair stations, garages, taxi stands, public parking lots, and self-service and full-service gas stations:
[1]
Group 3 standards - gas pump yards. All: minimum 30 feet.
[2]
Group 3 standards - canopy yards. Street: minimum 18 feet.
(d)
Planned Business District with minimum of four acres in one ownership and with a minimum frontage of 200 feet, subject to the approval procedures provided under the R-5 Planned Residential District.
D.
Accessory uses. Permitted accessory uses in this district shall be as follows:
(1)
In addition to those accessory uses specified under this subsection, the following accessory standards shall apply in all agricultural districts:
(a)
Security fences are permitted on the property line but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or chain-link fencing.
(b)
Signs are permitted according to Article VII.
(c)
One roadside stand on any one farm shall be permitted, providing it will be used only for the sale of the farm products raised on the farm.
(d)
Outbuildings.
(2)
Clubs, taverns, nightclubs, restaurants and convenience goods and services, etc., when supportive of the principal use.
(3)
All equipment and improvements used in conjunction with the principal use.
E.
Basic district standards. The basic lot standards in this district shall be as follows:
(1)
Lot width: minimum 200 feet.
(2)
Lot area: minimum 43,000 square feet.
(3)
Building height: maximum 50 feet.
(4)
Yard setbacks.
(a)
Street: minimum 75 feet.
(b)
Rear: minimum 50 feet.
(c)
Side: minimum 15 feet each.
(d)
Shore: minimum 75 feet.
§ 410-29 Farmland Preservation - A-1 (Zoning District 11).
[Added 12-10-2012]
A.
The purpose of Farmland Preservation District(s) are to:
(1)
Preserve agricultural land for food and fiber production;
(2)
Protect productive farms;
(3)
Maintain a viable agricultural base to support agricultural processing and service industries;
(4)
Prevent conflicts between incompatible uses;
(5)
Reduce costs of providing services to scattered nonfarm uses;
(6)
Implement the provisions of the county agricultural plan when adopted and periodically revised; and
(7)
Comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under § 71.613, Wis. Stats.
B.
Definitions. In this section the following terms shall have the meanings indicated:
ACCESSORY USE
Any of the following land uses on a farm:
(1)
A building, structure or improvement that is an integral part of, or is incidental to, an agricultural use. This may include, for example:
(a)
A facility used to store or process raw agricultural commodities, all of which are produced on the farm.
(b)
A facility used to keep livestock on the farm.
(c)
A facility used to store or process inputs primarily for agricultural use on the farm.
(d)
A facility used to keep or service vehicles or equipment primarily employed in agricultural uses on the farm.
(e)
A wind turbine or solar energy facility that collects wind or solar energy on the farm and uses or transforms it to provide energy primarily for use on the farm.
(f)
A manure digester, bio-fuel facility, or other facility that produces energy primarily from materials grown or produced on the farm, primarily for use on the farm.
(g)
A waste storage or processing facility used to store or process animal waste produced solely from livestock kept on the farm.
(2)
An activity or business operation that is an integral part of or incidental to an agricultural use.
(3)
A farm residence, including normal residential appurtenances.
(4)
A business, activity or enterprise, whether or not associated with an agricultural use, which meets all of the following requirements:
(a)
It is conducted on a farm by an owner or operator of that farm.
(b)
It requires no buildings, structures or improvements other than those described in Subsection B(1) or (3).
(c)
It does not impair or limit the current or future agricultural use of the farm or other protected farmland.
(d)
Employs no more than four full-time employees annually.
AGRICULTURAL USE
Any of the following activities conducted for the purpose of producing an income or livelihood:
(1)
Crop or forage production.
(2)
Keeping livestock.
(3)
Beekeeping.
(4)
Nursery, sod or Christmas tree production.
(5)
Floriculture.
(6)
Aquaculture.
(7)
Fur farming.
(8)
Forest management.
(9)
Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
AGRICULTURE-RELATED USE
A facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose:
(1)
Providing agricultural supplies, agricultural equipment, agriculture inputs or agricultural services directly to farms, including farms in the Farmland Preservation Zoning District.
(2)
Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the Farmland Preservation Zoning District.
(3)
Slaughtering livestock, including livestock from farms in the Farmland Preservation Zoning District.
(4)
Marketing livestock to or from farms, including farms in the Farmland Preservation Zoning District.
(5)
Processing agricultural by-products or wastes received directly from farms, including farms in the Farmland Preservation Zoning District.
BASE FARM TRACT
All land, whether one parcel or two or more contiguous parcels, which is in a Farmland Preservation Zoning District and is part of a single farm on March 1, 2011, regardless of any subsequent changes in the size of the farm.
COMMON OWNERSHIP
Ownership by the same person or persons, or by persons that are all wholly owned by the same person or persons. "Common ownership" includes joint tenancy and tenancy in common. Solely for the purposes of this definition, a parcel owned by one member of a married couple is deemed to be owned by the married couple.
CONTIGUOUS
Adjacent to or sharing a common boundary. "Contiguous" land includes land that is separated only by a river, stream, section line, public road, private road, railroad, pipeline, transmission line, or transportation or transmission right-of-way. Parcels are not "contiguous" if they meet only at a single point.
FARM
All land under common ownership that is primarily devoted to agriculture use.
[Amended 10-8-2014]
FARM ACREAGE
The combined total acreage of all of the following in the base farm tract:
(1)
Farms.
(2)
Open space parcels of more than five acres.
FARM RESIDENCE
Any of the following structures located on a farm:
(1)
A single-family (or duplex) residence that is the only residential structure on the farm.
(2)
A single-family (or duplex) residence that is occupied by any of the following:
(a)
An owner or operator of the farm.
(b)
A parent or child of an owner or operator of the farm.
(c)
An individual who earns more than 50% of his or her gross income from the farm.
(3)
A migrant labor camp that is certified under § 103.92, Wis. Stats.
GROSS FARM REVENUE
Gross receipts from agricultural uses, less the cost or other basis of livestock or other agricultural items purchased for resale which are sold or otherwise disposed of during the taxable year. "Gross farm revenue" includes receipts accruing to a renter but does not include rent paid to the landowner.
LIVESTOCK
Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.
NONFARM RESIDENCE
Any residence other than a farm residence.
NONFARM RESIDENTIAL ACREAGE
The combined total acreage of all parcels on which nonfarm residences are located, all parcels on which the Town Board has approved nonfarm residence, all parcels five acres or less that do not qualify as farms, and the parcel to which the conditional use permit application pertains. If a residence is located or proposed to be located on an undivided farm, but does not qualify as a farm residence, the size of the residential parcel is deemed to be five acres.
OPEN SPACE PARCEL
A parcel on which no buildings, other than hunting blinds or small sheds, have been constructed or approved for construction.
PERSON
An individual, corporation, partnership, limited liability company (LLC), trust, estate or other legal entity.
PRIME FARMLAND
All of the following:
(1)
An area with a Class I or Class II land capability classification as identified by the Natural Resources Conservation Service of the United States Department of Agriculture.
(2)
Land, other than described in subsection (1), which is identified as prime farmland in Winnebago County's certified farmland preservation plan.
PRIOR NONCONFORMING USE
A land use that does not comply with this farmland preservation zoning ordinance, but which lawfully existed prior to the application of this section.
PROTECTED FARMLAND
Land that is any of the following:
(1)
Located in a Farmland Preservation Zoning District certified under Ch. 91, Wis. Stats.
(2)
Covered by a farmland preservation agreement under Ch. 91, Wis. Stats.
(3)
Covered by an agricultural conservation easement under § 93.73, Wis. Stats.
(4)
Otherwise legally protected from nonagricultural development.
C.
Authority. The Town of Vinland has adopted and administers the farmland preservation zoning ordinance in this section in accordance with Wis. Stats. §§ 59.69, 60.61, 60.62 and 62.23.
D.
Land use in Farmland Preservation Zoning District, general. Only the following land uses are allowed in a Farmland Preservation Zoning District:
(1)
Uses allowed under permitted uses.
(2)
Uses allowed under conditional uses permit.
(3)
Prior nonconforming uses, subject to § 60.61, Wis. Stats.
E.
Permitted use.
(1)
Agricultural uses.
(2)
Accessory uses, including:
(a)
A wind turbine or solar energy facility that collects wind or solar energy on the farm and uses or transforms it to provide energy primarily for use on the farm.
(3)
Nonfarm residences constructed in a rural residential cluster in accordance with an approval of the cluster as a conditional use under § 91.46, Wis. Stats.
[Amended 10-8-2014]
(4)
Undeveloped natural resource and open space areas.
(5)
A transportation, utility, communication or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.[1]
[1]
Editor's Note: Original subsection (E)(6), which immediately followed this subsection, was repealed 10-8-2014.
(6)
Security fences are permitted on the property line but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or chain-link fencing.
(7)
Signs are permitted according to Article VII.
(8)
One roadside stand on any one farm shall be permitted, providing it will be only used for the sale of the farm products raised on said farm.[2]
[2]
Editor's Note: Original subsection (E)(10), which immediately followed this subsection, was repealed 10-8-2014.
F.
Conditional uses. The Vinland Town Board may issue a conditional use permit for the uses below, provided it is allowed as a conditional use under § 91.46, Wis. Stats.
(1)
Transportation, communications, pipeline, electric transmission, utility or drainage uses that qualify under § 91.46(4), Wis. Stats.
(2)
Government, institutional, religious or nonprofit community uses that qualify under § 91.46(5), Wis. Stats.
[Amended 10-8-2014]
(3)
Nonmetallic mineral extraction that qualifies under § 91.46(6), Wis. Stats.
(4)
Oil and gas exploration or production that is licensed by the Department of Natural Resources under Subchapter II of Ch. 295, Wis. Stats.
(5)
Agriculture-related uses if conditions in Subsection F(5)(a) through (f) below are met.
(a)
The use supports agricultural uses in the Farmland Preservation Zoning District in direct and significant ways and is more suited to a Farmland Preservation Zoning District than to an industrial or commercial zoning district.
(b)
The use and its location in the Farmland Preservation Zoning District are consistent with the purposes of the Farmland Preservation Zoning District.
(c)
The use and its location in the Farmland Preservation Zoning District are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
(d)
The use is reasonably designed to minimize conversion of land at and around the use site from agricultural use or open space use.
(e)
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
(f)
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
(6)
Nonfarm residence. The Town Board may issue a conditional use permit for a single proposed nonfarm residence if all the following standards will be met when the approved nonfarm residence comes into existence:
(a)
If the nonfarm residence will be located in a base farm tract:
[1]
The ratio of nonfarm residential acreage to farm acreage in the base farm tract will not exceed 1:20.
[2]
There will be no more than four dwelling units in nonfarm residences nor, for a new nonfarm residence, more than five dwelling units in residences of any kind on the base farm tract after the residence is constructed or converted into a nonfarm residence.
(b)
Regardless of whether the nonfarm residence is located in a base farm tract, neither the nonfarm residence, nor the parcel on which the nonfarm residence is located, will do any of the following:
[1]
Convert prime farmland from agricultural use or convert land previously used as crop land, other than a wood lot, from agricultural use if on the farm there is a reasonable alternative location or size for a nonfarm residential parcel or nonfarm residence.
[2]
Significantly impair or limit the current or future agricultural use of any other protected farmland.
(7)
Nonfarm residential clusters. The Town Board may issue a single conditional use permit authorizing two or more proposed nonfarm residences if all of the following apply:
(a)
The conditional use permit includes all of the following information:
[Amended 10-8-2014]
[1]
The total number of nonfarm residences authorized by the permit.
[2]
A legal or survey description of each parcel on which a nonfarm residence is authorized.
[3]
The number of nonfarm residences authorized on each parcel under Subdivision F(7)(a)[2] if more than one.
[4]
The number of dwelling units authorized in each authorized nonfarm residence, if more than one.
(b)
Each of the parcels described under Subsection F(7)(a)[2] shares a boundary with at least one other parcel described under Subsection F(7)(a)[2].
[Amended 10-8-2014]
(c)
Each of the proposed nonfarm residences will meet all of the standards under Subsection F(6) when all of the proposed nonfarm residences have come into existence.
(d)
The conditional use permit prohibits all of the following:
[Amended 10-8-2014]
[1]
Any further division of any parcel described in Subsection F(7)(a)[2].
[2]
Any nonfarm residence or dwelling unit on a parcel identified in Subsection F(7)(a)[2], other than a nonfarm residence or dwelling unit identified in the permit.[3]
[3]
Editor's Note: Original subsection (F)(8), which immediately followed this subsection, was repealed 10-8-2014.
G.
Basic district standards. The basic new farm residence lot standard shall be a minimum setback of 75 feet from road right-of-way; minimum 300 feet of road frontage; lot setbacks of a minimum of 75 feet from street, minimum of 50 feet from rear, and minimum of 15 feet from side, 75 feet from navigable high-water line.
H.
Site plan requirement. If a new nonfarm or farm residence is to be constructed on a parcel in the Farmland Preservation District, the applicant shall first submit for Town Board approval a site plan showing, at a minimum, residence location and farm drainage tile locations, along with a proposed drainage plan. Applicable § 91.46, Wis. Stats., criteria shall be complied with.
I.
Rezoning land out of a Farmland Preservation Zoning District.
(1)
The Town Board may only grant rezoning land out of a Farmland Preservation District if the Town Board finds that Subsection I(1)(a) through (d) are true after a public hearing.
(a)
The land is better suited for a use not allowed in the Farmland Preservation Zoning District.
(b)
The rezoning is consistent with any Comprehensive Plan adopted by the Town Board which is in effect at the time of rezoning.
(c)
The rezoning is substantially consistent with the Winnebago County Farmland Preservation Plan, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.
(d)
The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.
(2)
Subsection I(1)(a) above does not apply to any of the following:
(a)
A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under Ch. 91, Wis. Stats.
(b)
A rezoning that makes the Farmland Preservation Ordinance Map more consistent with the Winnebago County Farmland Preservation Plan Map, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.
(3)
By March 1 of each year, the Town shall submit to the Wisconsin Department of Agriculture, Trade and Consumer Protection and to the County of Winnebago a report of the number of acres rezoned out of the Farmland Preservation Zoning District and a map that shows the location of those acres.
§ 410-30 A-2 General Farming District.
A.
Purpose. The intent of this district is to allow the development of small-scale farming activities characterized by the mixed use of the traditional family farm along with residential growth, although agriculture is to be recognized as the dominant activity in the district.
B.
Permitted uses. Permitted uses in this district are as follows:
(1)
All uses permitted in the A-1 District.
(2)
One-family dwellings, whether or not accessory to farm operations. These dwellings shall adhere to the standards of the applicable residential districts. Furthermore, while the zoning districts shall remain A-2 General Farming, those residences not accessory to the principal farm operation shall be restricted to the principal, accessory and conditional uses of the affected residential uses. Single-family dwellings shall contain a minimum width of 20 feet, measured from the narrowest part of the structure, and a minimum area of 1,000 square feet.
C.
Conditional uses. Conditional uses in this district shall be as follows when developed according to basic district standards - farm:
(1)
In addition to those accessory uses specified under this subsection, the following accessory standards shall apply in all agricultural districts:
(a)
Security fences are permitted on the property line but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or chain-link fencing.
(b)
Signs are permitted according to Article VII.
(c)
One roadside stand on any one farm shall be permitted, providing it will be used only for the sale of the farm products raised on said farm.
(d)
Outbuildings.
(2)
All conditional uses specified under the applicable residential use, R-1 for single family; R-3 duplex when not, according to basic district standards - farm.
D.
Basic district standards. The basic lot standards for residential uses in this district shall be those of the applicable residential district, R-1 to R-3, except that all new homes built during and after 1999 shall have a minimum setback of 75 feet from the road right-of-way. (Note: This provision prohibits construction of new residential development within the A-2 General Farming District on lots without at least a minimum of 300 feet of frontage and specifies that no residential development be allowed in the A-2 General Farming District without a variance from the minimum three-hundred-foot frontage requirement. The Town Board also reserves the right to adjust the building site location when based on natural features, such as wetlands, woodlots and percolation location.
[Amended 9-10-2007 by Res. No. 9-4-07-1]
(1)
Farm/residence frontage: minimum 300 feet.
(2)
Farm area: minimum five acres, including land area to the middle of the public right-of-way. (Note: Any new parcel less than five acres would require a zoning change.)
(3)
Structure height: no maximum.
(4)
Yard setbacks.
(a)
Street: minimum 75 feet.
(b)
Rear: minimum 50 feet.
(c)
Side: minimum 15 feet each.
(d)
Shore: minimum 75 feet.
§ 410-31 M-1 Light Industrial and Office District.
A.
Purpose. The intent of this district is to provide for the development of clean industrial employment centers within the immediate vicinity of residential neighborhoods.
B.
Permitted uses. Permitted uses shall include, but without limitation by such enumeration, the following:
(1)
All uses permitted in B-1 and B-2 Districts.
(2)
Warehousing.
(3)
Light industrial plants such as required for production of millwork, machine tools, paper containers, light metal fabrication and similar small industries.
(4)
Manufacture, fabrication, packing, packaging, processing and assembly of confections, cosmetics, electrical appliances, electronic devices, foods (except garbage, fish and fish products, meat and meat products and pea vineries) and instruments.
(5)
Manufacturing and bottling of nonalcoholic beverages.
(6)
Painting, printing, publishing establishments.
(7)
Commercial bakeries and trade and contractors' offices.
C.
Conditional uses. Conditional uses shall be as follows.
(1)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Public passenger transportation terminals, except airports, airstrips and landing fields, provided all principal structures and uses are not less than 100 feet from any residential district or use.
(b)
Animal hospitals, provided all principal structures and uses are not less than 100 feet from any residential district.
(2)
Outside storage yards.
D.
Basic district standards. The basic lot standards in this district shall be as follows.
(1)
Building height: maximum 45 feet.
(2)
Accessory building height: maximum 30 feet.
(3)
Lot area. Minimum as necessary to comply with all district regulations.
(4)
Yard setbacks.
(a)
Street: minimum 50 feet on all streets, the opposite side of which lies in a more restrictive district in this or a neighboring municipality; minimum 30 feet on streets, both sides which lie within this or a less restrictive district (wherein there shall be no structure of any kind or parking of automobiles).
(b)
Side and rear: minimum 25 feet, except where property is adjacent to residential districts it shall not be less than 50 feet.
(c)
Shore: minimum 75 feet.
E.
Approval of building site and operational plans (according to Article IV procedures). Such approval is required for all structures and substantial improvements for principal uses, subject to the following:
(1)
No merchandise shall be handled for sale or service rendered on the premises except such as are incidental or accessory to the principal permissible use of the premises, except for sales or service to industrial customers.
(2)
All operations and activities of all uses within this district shall be conducted wholly inside a building or buildings.
(3)
No continuous or intermittent noise from operations greater than the volume and range of noise emanating from vehicular traffic or its equivalent in noise shall be detectable at the boundary line of any residential district.
(4)
No toxic matter, noxious matter, smoke or gas and no odorous or particulate matter shall be detectable beyond the lot lines.
(5)
The storage or use of chemicals, either solid, liquid or gas, shall be subject to the following conditions:
(a)
The storage, utilization or manufacturing of material or products ranging from incombustible to moderate burning is permitted.
(b)
The storage, utilization or manufacturing of materials or products ranging from free to active burning is permitted, providing the following conditions are met: Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire-extinguishing system.
(c)
The manufacture of flammable materials which produce explosive vapors or gases is prohibited.
F.
Accessory use. In addition to those accessory uses and standards specified under individual districts, the following accessory standards shall apply in industrial districts:
(1)
Security fences are permitted as prescribed in § 410-91.
(2)
Outdoor lighting installations are permitted in all yard areas but no closer than three feet to an abutting property line and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.
(3)
Signs are permitted according to Article VII.
(4)
Parking is required according to Article VI.
(5)
Storage facilities, power supply buildings and other uses normally supportive of the principal use.
§ 410-32 M-2 Heavy Industrial District.
A.
Purpose. The intent of this district is to provide for industrial uses often considered offensive or unique by nature. Therefore, the location of this district often requires isolation from most of the community's population or placement within an industrial park.
B.
Permitted uses. The following uses and similar uses are permitted, subject to prior approval by the Town Board.
(1)
All permitted uses in the B-2 Highway Business Park District.
(2)
All permitted uses in the M-1 Light Industrial and Office District.
(3)
Freight yards, freight terminals and transshipment depots.
(4)
Inside storage warehouses.
(5)
Breweries.
(6)
Crematories.
(7)
All other manufacturing, assembling or processing not otherwise requiring a conditional use permit.
(8)
Vehicle body shops, vehicle wholesale and auction centers, but not including the storage of junked or wrecked vehicles.
C.
Conditional uses.
(1)
In addition to those stated elsewhere in this chapter, the following shall be conditional uses:
(a)
Public passenger transportation terminals, except airports, airstrips and landing fields, provided all principal structures and uses are not less than 100 feet from any residential district boundary.
(b)
Animal hospitals, provided all principal structures and uses are not less than 100 feet from any residential district.
(2)
Airports, airstrips and landing fields, provided the site area is not less than 20 acres and provided they meet FAA requirements.
(3)
The following and similar uses, provided such uses shall be at least 600 feet from any residential or public district.
(a)
Manufacturing and processing of such items as:
[1]
Abrasives.
[2]
Acetylene.
[3]
Acid.
[4]
Alkalies.
[5]
Ammonia.
[6]
Asbestos.
[7]
Asphalt.
[8]
Batteries.
[9]
Bedding.
[10]
Bleach.
[11]
Bond.
[12]
Cabbage.
[13]
Candles.
[14]
Carpeting.
[15]
Celluloid.
[16]
Cement.
[17]
Cereals.
[18]
Charcoal.
[19]
Chemicals.
[20]
Chlorine.
[21]
Coat tar.
[22]
Coffee.
[23]
Coke.
[24]
Condenseries.
[25]
Cordage.
[26]
Creameries.
[27]
Creosote.
[28]
Dextrine.
[29]
Disinfectant.
[30]
Dye.
[31]
Excelsior.
[32]
Felt.
[33]
Fish.
[34]
Fuel.
[35]
Furs.
[36]
Gelatin.
[37]
Glucose.
[38]
Gypsum.
[39]
Hair products.
[40]
Ice.
[41]
Ink.
[42]
Insecticide.
[43]
Lampblack.
[44]
Line.
[45]
Line products.
[46]
Linoleum.
[47]
Matches.
[48]
Meat.
[49]
Oilcloth.
[50]
Paint.
[51]
Paper.
[52]
Peas.
[53]
Perfume.
[54]
Pickles.
[55]
Plaster.
[56]
Plaster of paris.
[57]
Plastics.
[58]
Poison.
[59]
Polish.
[60]
Potash.
[61]
Pulp.
[62]
Pyroxylin.
[63]
Radium.
[64]
Rope.
[65]
Rubber.
[66]
Sausage.
[67]
Shoddy.
[68]
Shoe and lampblacking.
[69]
Size.
[70]
Starch.
[71]
Stove polish.
[72]
Textiles.
[73]
Varnish.
(b)
Manufacturing, processing and storage of building materials, explosives, dry ice, fat fertilizer, flammables, gasoline, glue, grains, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast.
[1]
The storage of flammables and gasoline in excess of 10,000 gallons shall require diking and underlying in accordance with applicable state requirements.
(c)
Manufacture and bottling of alcohol beverages; bag cleaning, bleacheries, canneries; cold storage warehouses; electric- and steam-generating plants; electroplating; enameling; forges, foundries; garbage; incinerators; lacquering; lithographing; offal, rubbish, or animal reduction; oil, coal and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stockyards, tanneries; and weaving.
(d)
Outside storage and manufacturing areas.
(e)
Wrecking, junk, demolition, and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential, public and semipublic districts.
(f)
Commercial service facilities, such as restaurants and fueling stations, provided all such services are physically and sale-wise oriented toward industrial district users and employees, and other users are only incidental customers.
(4)
All conditional uses under B-2 Highway Business Park District.
D.
Basic district standards.
(1)
Building height: no maximum.
(2)
Yard setbacks.
(a)
Street: minimum 30 feet.
(b)
Rear: minimum 25 feet.
(c)
Side:
[1]
Minimum seven feet one side.
[2]
Minimum 10 feet other side.
(d)
Shore: minimum 75 feet.
E.
Approval of building site and operational plans (according to Article IV procedures).
(1)
All structures and substantial improvements for principal uses.
(2)
All such uses listed under the B-2 Highway Business Park District.
(3)
All such uses listed under the M-1 Light Industrial District.
F.
Accessory uses. In addition to those accessory uses and standards specified under individual districts, the following accessory standards shall apply in industrial districts:
(1)
Security fences are permitted as prescribed in § 410-91.
(2)
Outdoor lighting installations are permitted in all yards, but no closer than three feet to an abutting property line and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.
(3)
Signs are permitted according to Article VII.
(4)
Parking is required according to Article VI.
(5)
Storage facilities, power supply buildings and other uses normally supportive of the principal use.
§ 410-33 M-3 Extraction or Landfill Overlay District.
[Amended 6-9-2014; effective 6-24-2014]
(An underlying zoning district is required in conjunction with this section.)
A.
Purpose. The intent of this district is to provide a means of properly regulating and reclaiming sites which are located primarily by their geological characteristics rather than a planning and zoning process. All uses in the M-3 Extraction or Landfill Overlay District are excluded from the Town of Vinland A-1 Farmland Preservation District.
B.
Permitted uses. Mineral extraction operations and landfill sites that are presently in existence.
C.
Conditional uses. Conditional uses in the district shall include all conditional uses listed in the underlying district. In addition, the following are permitted conditional uses:
(1)
Extension of legally existing mineral extraction operation or the creation of a new such extraction operation.
(2)
New mineral extraction operations and the following: landfills; solid waste management facilities; recycling centers; bioremediation sites; and soil extraction or scraping for purposes of obtaining fill material for such large-scale operations as landfill sealing, roadbed construction, etc.; or similar uses. These uses shall be a conditional use in all zoning district except in the R-1, R-2, R-3, R-4, R-5 and MH-1 Districts. Conditional use procedures, as described in Article IV, shall be adhered to as well as the requirements of this section.
D.
Basic district standards.
(1)
Basic standards. The basic standards in this district shall be controlled by those of the underlying district unless more restrictive standards are established in the conditional use approval. Also, excavations or fill areas within 200 feet from any right-of-way or property line shall not be permitted unless the Town Board determines that the operational plans adequately provide for:
(a)
Safety of abutting land uses and for safe ingress to, egress from and traffic flow past the site.
(b)
Aesthetic screening from abutting properties.
(c)
Dust control from the operation and/or any stockpiling.
(d)
Staging of the operation to produce a minimal time frame between commencing of operations and restoration within this two-hundred-foot area.
(2)
Permit validity; operational requirements. 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; a shorter period may be established by Town Board action. Modification or additional conditions may be imposed upon application for renewal. Operational requirements shall include the following, where applicable:
(a)
Fencing or other suitable barriers shall be erected as necessary to protect the public.
(b)
Machinery, roads and equipment used in the extractive operation shall be constructed, maintained and operated in such a manner as to minimize dust.
(c)
Crushing, washing, refining or other processing, other than the initial removal of material, may be permitted as an accessory use only as specifically authorized under the terms of the grant of permit.
(d)
Planting of trees and shrubs and other appropriate landscaping shall be provided where deemed necessary by the Town and other applicable agencies.
(e)
Hours of operation may be established.
(3)
Plan of reclamation. A reclamation plan meeting the standards of Ch. NR 135, Wis. Adm. Code, shall be submitted and approved by Winnebago County and other applicable agencies.
E.
Existing operations. Existing operations shall be subject to the following further requirements:
(1)
Permit. Within 60 days after the original adoption of this section, all existing extractive operations shall be required to register with the Zoning Administrator, submitting pertinent data relative to the present operation, including the boundaries of the actual operation and of the ownership. A permit shall be granted to such existing operation, subject to compliance with the operational requirements listed above, where they can be reasonably applied under existing circumstances.
(2)
Plan for restoration. There shall be required within one year after original adoption of this section the submission of a plan for restoration of the site of existing extractive operations as provided above. The plan for restoration in such case shall not, however, impose requirements which are economically or for engineering reasons unreasonable with respect to conditions resulting from operations prior to enactment of this section.
F.
Renewal permit. Within two years after the original date of this section, any such existing operation unless permitted as a use by right shall be required to make application for a renewal permit the same as for reapplication in the case of a new operation under this section.
G.
Plan of operation. All mineral extraction operations including those operations and activities which lawfully existed prior to the original adoption of this section shall prepare a plan of operation for the site, which shall include the following information:
(1)
Statement of ownership of the parcel and control of the operations.
(2)
A site plan, drawn to scale, showing the lateral extent of existing and proposed excavations; the location and width of all easements and rights-of-way on or abutting the site; existing water bodies, watercourses and drainageways and proposed modifications; estimated direction of flow of groundwater; the location of existing and proposed buildings, structures, machinery and equipment; and the location of all existing and proposed storage and stockpiling areas.
(3)
Cross sections of the site, drawn to scale, showing the vertical extent of existing and proposed excavations.