In order to promote and enhance the public safety, general welfare
and convenience, it is necessary that highway setback lines be established
in the Town of Holland, outside the limits of incorporated cities
and villages, along all public highways, at the intersections of highways
with highways and highways with railways as hereafter provided. If
a highway in the future is located on a Town boundary, this article
is not intended to be effective on the side within the city or village,
nor on the side within another county where the highway is located
on a county boundary.
As used in this article and for its purposes, the following
words have the meanings indicated:
A line connecting points on highways from which setback lines
shall be measured, at any point on the highway.
The point upon which two highway center lines, as herein
established, or a highway center line and the center line of a railway
right-of-way, meet.
Lines established along highways at specified distances from
the center line, which buildings or structures shall be set back of,
or outside of, and within which they may not be placed except as hereinafter
provided. "Within the setback line" means between the setback line
and the highway.
Surveys and plans as referred to hereinafter shall be considered
as accepted by the County or Town Board if County or Town funds have
been used in the improvement carried out with such plans.
The locating of a building or structure in a particular situation,
whether by original construction or erection or by moving a building
or structure to the particular site.
A strip of roadway intended to accommodate a single line
of moving vehicles.
Highways are classified and the position of the center line
shall be determined as follows:
A.
Class A highways: state and federal highways that have been improved
according to the surveys and plans of the State Highway Commission
or plans accepted by the County Board. The center line is the center
of the pavement or surfacing or, if there is none, the center of the
graded roadbed, or the center of the directional separator if the
highway is to be paved as a double-divided road.
B.
Class B highways. For county highways that have not been improved
according to engineering surveys or plans accepted by the County Board
or its agent, the County Highway Committee, the center line is at
the midway point between fences or other markers indicating the boundary
on opposite sides thereof. For county highways that have been improved
according to engineering surveys and plans accepted by the County
Board or its agent, the County Highway Committee, the center line
is the center of the surfacing or pavement or, if there is none, the
center of the graded roadbed.
C.
Class C highways. For Town roads not otherwise classified that have
not been improved in accordance with engineering surveys and plans
accepted by the County or Town Board, the center line is the midway
point between fences or other markers indicating the boundaries of
the highway on opposite sides thereof. For Town roads not otherwise
classified that have been improved in accordance with engineering
surveys and plans accepted by the County or Town Board, the center
line is at the center of the surfacing or pavement or, if there is
none, the center of the graded roadbed. For roads and streets in platted
subdivisions not otherwise classified, the center line is at the midpoint
between the right-of-way lines as shown on the recorded plat.
A.
No new building, new sign, or other new structure or part thereof
shall be placed between the setback lines established by this chapter
and the highway except as provided by this chapter, and no building,
sign, or structure or part thereof existing within such setback lines
on the effective date of this chapter shall be altered, enlarged,
or added to in any way that increases or prolongs the permanency thereof,
or be reconstructed in its original existing location after having
been destroyed by fire, storm, or other catastrophe to the extent
of 50% or more of its last equalized value, except that an existing
building, sign or structure which is damaged or destroyed by violent
wind, vandalism, fire, flood, ice, snow, mold or infestation may be
restored in accordance with the provisions of § 62.23(7)(hc),
Wis. Stats.
B.
The following kinds of structures may be placed between the setback
line and the highway:
(1)
Temporary signs not over 20 square feet.
(2)
Communications and power transmission poles and lines may be constructed
within the setback lines, and additions to and replacements of existing
structures may be made, provided that the owner shall file with the
Town of Holland an agreement in writing to the effect that the owner
shall remove all new construction, additions, and replacements erected
after the adoption of this chapter at his expense when necessary for
the improvement of the highway.
(3)
Underground structures not capable of being used as foundations for
future prohibited aboveground structures.
(4)
Access or service highways constructed according to plans as approved
by the County Highway Committee. In giving such approval, the County
Highway Committee shall give due consideration to highway safety and
maximum sight distances.
C.
This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery, or trees; provided, however, that no building or structure, trees or shrubbery shall be so located, maintained or permitted to grow so that the view across the clear sight triangle, as provided by § 330-92 of this chapter below, shall be obstructed.
A.
Except as otherwise provided, the distance from the center line to
the setback line applicable to the various classifications of highways
as defined in this article is provided by the following subsections
of this section.
B.
Whenever a highway is improved to a classification requiring a greater
setback distance than that required by this chapter prior to such
improvement, the setback distance shall be that applicable to the
later classification.
C.
In cases where the provisions of this section may be interpreted
to provide for different setback distances, the greater setback distance
shall prevail.
D.
Along highways generally, the setback distances from the center line,
at any point, for the respective classes of highways shall be as follows:
E.
Provided, however, that in no case shall the distance of the setback
line outside of and from the nearest point on the boundary line of
the highway be less than the following: Class A highways, 75 feet;
Class B highways, 67 feet; and Class C highways, 42 feet, except that
where structures are to be erected between buildings existing at the
time of the adoption of this chapter which are located not more than
250 feet apart and having setback lines less than are established
by this article, the Board of Appeals may vary this regulation, provided
that the Board of Appeals shall establish such conditions as will
hold the Town harmless from additional improvement damages which might
accrue when and if the highway is improved, and provided, further,
that no such variation will permit a setback less than the average
setback of the adjacent buildings.
F.
Clear sight triangle established. The clear sight triangle is a triangle
formed by the right-of-way lines of two intersecting roadways or railways
and a third straight line. The third straight line shall connect with
said right-of-way lines at points as follows:
(1)
At ordinary intersection. At grade intersections of highways with
highways, except those roads and streets in platted subdivisions which
do not intersect Class B highways or Class A highways, there shall
be setback lines at points located 50 feet from the intersections
of the projections of the setback lines along the highways.
(2)
At railroad grade crossings. At railroad grade crossings there shall
be setback lines at points located 100 feet from the intersections
of the projections of the setback lines along the highways and the
railway right-of-way line.
