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Town of Milton, WI
Rock County
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Table of Contents
Table of Contents
For the purpose of this chapter the Town of Milton is hereby divided into the following zoning districts:
Agricultural District (A-1)
Agricultural District (A-2)
Agricultural District (A-3)
Rural Residential District (R-R)
Residential District (R-1)
Residential District (R-3)
Local Business District (B-1)
Large Scale Commercial District (B-2)
Commercial Highway Interchange District (CHI)
Lowland Conservancy Overlay District One (C-1)
Highland Conservation District Two (C-2)
Commercial Recreational District (CR)
Planned Unit Development District (PUD)
Mobile Home Park District (MH)
Special Purpose District (SP)
Light Industrial District (M-1)
Historic Conservation District (HC)
The boundaries of such districts are hereby established as shown on a map entitled "Official Zoning Map, Town of Milton, Wisconsin," dated November 5, 1979, as amended, which accompanies and is made a part of this chapter. Such boundaries shall be construed to follow: Town and corporate limit lines; U.S. Public Land Survey lines; lot or property lines; soil mapping unit lines; topographic lines; center lines of streets, roads, highways, alleys, easements, and railroad right-of-way lines or such lines extended unless otherwise noted on the Zoning Map. Said Map shall be kept on file in the office of the Town Clerk and a copy attached hereto is correct only as of the day of passage of this chapter. The Town Clerk shall keep a revised version of said Map reflecting any and all changes of zoning boundaries.
The following regulations set forth requirements that usually do not apply universally throughout the Town, but rather cover things that are applicable to one or more districts.
A. 
Erection of more than one principal structure on a lot. In any district no more than one structure housing permitted or conditional use may be erected on a single lot except in the B-1, A-1, and A-2 Districts where the requirements of those districts shall be met for each structure as though it were on an individual lot; mobile homes only when in a mobile home park or when they meet conditional use regulations in A-1, A-2, or A-3 Districts.
B. 
Exceptions to height regulations. The height limitations contained in the requirements for permitted and conditional uses do not apply to spires, belfries, cupolas, antennas, water tanks, fire towers, windmills, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
C. 
Structures to have access. Every residential building hereafter erected or moved shall be on a lot adjacent to a public street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
D. 
Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
E. 
A setback less than the setback required by this chapter may be permitted where there are at least five existing main buildings existing at the date of enactment of this chapter within 500 feet of the proposed site that are built to less than the required setback. In such case, the setback shall be the average of the nearest main building on each side of the proposed site or, if there is no building on one side, the average of the setback for the main building on one side and the required setback. Such setback shall be granted by a permit from the Town Board and shall not require a variance.
F. 
In commercial or industrial districts, sufficient space for loading or unloading of vehicles shall be provided off the highway in connection with any commercial or industrial use so that the highway shall at all times be free and unobstructed to the passage of traffic.
G. 
Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied by one family.
H. 
Vacation of public streets, alleys, and right-of-ways shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
I. 
Districts adjacent to agricultural districts are to recognize that agriculture is a necessary use and should be encouraged and there are certain environmental conditions that take place as a normal part of farm operation. Criteria used in reviewing this situation shall consider which land use has existed for the longest period of time, and what land use existed at the time the adjacent land use was created.
J. 
Utility lines which will serve individual lots on new subdivisions will be left to the discretion of the utility company.
K. 
No overhead power, telephone or telegraph lines shall be erected within 1/2 mile of any boundary of the site of any airport, landing field, or landing and takeoff strip.
L. 
The landing and takeoff of ultralight airplanes, parachute jumping, and parasailing behind boats and similar uses are prohibited on or into lakes of less than 100 acres.
M. 
Restrictions on recreational vehicles. No person shall park or store any recreational vehicle within the Town of Milton unless said recreational vehicle is parked or stored in a licensed recreational vehicle park except that a recreational vehicle may be parked or stored on a lot located within any of the other districts, provided all the following conditions are complied with:
(1) 
At no time shall such parked or stored recreational vehicles be occupied or used for living or housekeeping purposes unless the occupants of said recreational vehicle are guests of Town residents or property owners on a lot where an adequate water supply and toilet facilities are available to the guests in the dwelling unit of their hosts.
(a) 
Such occupancy shall not exceed 30 days per calendar year.
(b) 
No fee shall be imposed for such occupancy.
(2) 
No parked or stored recreational vehicle may be used as a permanent storage unit.
(3) 
No additional outside structures may be attached to or placed adjacent to a parked or stored recreational vehicle.
[Amended 4-12-2007 by Ord. No. 68; 7-8-2013 by Ord. No. 2013-1; 12-14-2015 by Ord. No. 2015-5]
A. 
Purpose and intent of Agricultural District One (A-1). The purpose of the A-1 District is to provide a means of obtaining the agricultural goals and objectives of the Town's Comprehensive Plan. This district exclusively provides for agricultural uses and uses compatible with agriculture. The intent of having this district is to conserve prime agricultural soils, historically farmed soils and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for the provisions of essential public services and to be eligible for the State of Wisconsin Farmland Preservation Program.
B. 
Permitted uses. The following uses are permitted in this district.
(1) 
Agricultural uses: any of the following activities conducted for the purpose of producing an income or livelihood:
(a) 
Crop or forage production.
(b) 
Keeping livestock other than equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink up to 500 animal units.
(c) 
Keeping equine animals, bison, farm-raised deer, ratites and camelids up to three animals per acre in the aggregate for the total acreage allocated for such keeping.
(d) 
Keeping of fish, captive game birds and mink.
(e) 
Beekeeping.
(f) 
Nursery, sod, or Christmas tree production.
(g) 
Floriculture.
(h) 
Aquaculture.
(i) 
Fur farming.
(j) 
Forest management.
(k) 
Enroll land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
(2) 
Accessory uses: any of the following accessory uses:
(a) 
A building, structure, improvement activity or business operation that is an integral part of, or is incidental to, a permitted agricultural use.
(b) 
One farm residence.
(3) 
Existing residences: residences, regardless of occupancy, existing as of January 1, 2014.
(4) 
Undeveloped natural resource and open space areas.
(5) 
Transportation, utility, communication uses: 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.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after review and recommendation of the Planning and Zoning Committee and after public hearing and approval by the Town Board. The Committee and the Board will review the applicable facts pertaining to the proposed conditional use according to the standards established in this chapter.
(1) 
Farm family business: a business, activity or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those that are an integral part of, or incidental to, an agricultural use, that employs no more than four full-time nonfamily employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.
(2) 
Agriculture-related uses:
(a) 
An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.
(b) 
Facility integral to an agricultural use, regardless of whether the facility is located on a farm, that relies on agricultural uses conducted primarily off-site.
(3) 
Transportation, communications, pipeline, electric transmission, utility, or drainage. Those transportation, communications, pipeline, electric transmission, utility, and drainage uses if the Town Board determines that all of the following apply:
(a) 
The use and its location in the district are consistent with the purposes of the district.
(b) 
The use and its location in the district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
(c) 
The use is reasonably designed to minimize conversion of land, at and around the site of the use, from agricultural use or open space use.
(d) 
The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
(e) 
Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
(4) 
Governmental, institutional, religious, or nonprofit community uses: governmental, institutional, religious, or nonprofit community uses if the Town Board determines that all of the following apply:
(a) 
The use and its location in the district are consistent with the purposes of the district.
(b) 
The use and its location in the district are reasonable and appropriate, considering alternative locations, or are specifically approved under state and federal law.
(c) 
The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.
(d) 
The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
(e) 
Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
(5) 
Nonmetallic mineral extraction: nonmetallic mineral extraction if the Town Board determines that all of the following apply:
(a) 
The operation complies with Wisconsin Statutes and administrative rules and county and town ordinances and with any applicable requirements of the Wisconsin Department of Transportation concerning the restoration of nonmetallic mining sites.
(b) 
The operation and its location in the district are consistent with the purposes of the district.
(c) 
The operation and its location in the district are reasonable and appropriate, considering alternative locations, or are specifically approved under state and federal law.
(d) 
The operation is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.
(e) 
The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
(f) 
The conditional use permit issued requires the owner to restore the land to agricultural use, consistent with any locally approved reclamation plan, when extraction is completed.
(6) 
Oil and gas exploration or production: oil and gas exploration that is licensed by the Wisconsin Department of Natural Resources under state law.
(7) 
Keeping of livestock: keeping of livestock as follows:
(a) 
Livestock other than equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink livestock consisting of 500 or more animal units;
(b) 
Equine animals, bison, farm-raised deer, ratites and camelids in excess of three per acre in the aggregate for the total acreage allocated for such keeping.
(8) 
Lagoon wastewater application: application of lagoon wastewater or other liquid by-products of animal waste by the use of center pivot waste distribution systems.
(9) 
Additional farm residences.
D. 
Requirements for permitted and conditional uses. Within the A-1 District, the following standards shall apply:
(1) 
Minimum lot size: 35 acres, or a smaller lot size by conditional use permit.
(2) 
Maximum building height: 35 feet for residential structures; no maximum on other structures.
(3) 
Minimum front yard setback: 50 feet.
(4) 
Minimum front yard setback (arterial): 75 feet.
(5) 
Minimum rear yard setback: 50 feet.
(6) 
Minimum side yard:
(a) 
Principal buildings: 20 feet on each side.
(b) 
Accessory buildings: 10 feet on each side.
(7) 
Minimum lot width at building line: 100 feet.
(8) 
All front yard setbacks are to also refer to § 400-81 ordinance for setbacks on arterial, collector and local roads.
(9) 
Livestock facilities.
(a) 
All new livestock facilities with 500 animal units or more must as a minimum meet the agricultural performance standards and prohibitions, prior to populating the site with animals, as identified in Wis. Adm. Code Ch. NR 151. The Rock County Land Conservation Department will verify that all performance standards are met and will report findings of fact to the board.
(b) 
All expanding livestock facilities for which the expansion results in more than 500 animal units and for which the expansion is greater than 20% of the existing facility size must as a minimum meet the agricultural performance standards and prohibitions, prior to populating the site with animals, as identified in Wis. Adm. Code Ch. NR 151. This requirement is only applicable to the proposed expansion component. The Rock County Land Conservation Department will verify that all performance standards are met and will report findings of fact to the board.
(10) 
Agricultural use shall be calculated using contiguous parcels. Parcels that are only separated by a lake, stream, or transportation or utility right-of-way are contiguous for the purpose of this chapter.
(11) 
General setbacks applicable to livestock structures.
(a) 
Property lines. Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from the property line if the livestock facility will have fewer than 1,000 animal units, and 200 feet from the property line if the livestock facility will have 1,000 or more animal units. The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the effective date of this setback requirement, except that a structure may not be expanded closer to the property line.
(b) 
Public road right-of-way. Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from a public road right-of-way if the livestock facility will have fewer than 1,000 animal units, and 150 feet from a public road right-of-way if the livestock facility will have 1,000 or more animal units. This setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the effective date of this setback requirement, except that a structure may not be expanded closer to the public road right-of-way.
(c) 
Waste storage structure.
[1] 
A new waste storage structure may not be located within 350 feet of a property line, or within 350 feet of the nearest point of any public road right-of-way.
[2] 
A single new waste storage structure may be constructed closer to the property line or public road if a new structure is:
[a] 
Located on the same tax parcel as a waste storage structure in existence before May 1, 2006;
[b] 
No larger than the existing structure;
[c] 
No further than 50 feet from the existing structure; and
[d] 
No closer to the road or property line than the existing structure.
[3] 
This setback requirement does not apply to existing waste storage structures, except that an existing structure within 350 feet of a property line may not expand toward that property line or road.
(12) 
Water quality and related setback requirements.
(a) 
Navigable waters and wetlands. A livestock facility shall comply with setback and related requirements in any applicable Rock County shore land or wetland zoning ordinances or chapter enacted within the scope of authority granted under §§ 59.692, 61.351 or 62.231 of the Wisconsin Statutes.
(b) 
Floodplains. A livestock facility shall comply with setback and related requirements in any applicable floodplain zoning ordinance or chapter that is enacted within the scope of statutory authority under § 87.30 of the Wisconsin Statutes.
(c) 
Wells. All wells located within a livestock facility shall comply with Chapters NR 811 and 812 of the Wisconsin Administrative Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in said Chapters NR 811 and 812, regardless of whether the livestock facility operator owns the land in which the wells are located. A livestock structure in existence on May 1, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.
E. 
Rezoning land in the Farmland Preservation Zoning District.
(1) 
The Town of Milton may rezone land out of the farmland preservation zoning district if it meets the following, in writing, in addition to following the requirements of § 400-96:
(a) 
The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.
(b) 
The rezoning is consistent with any applicable comprehensive plan.
(c) 
The rezoning is substantially consistent with the County certified farmland preservation plan.
(d) 
The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.
(2) 
The Town shall by March 1 of each year provide to DATCP and the County a report of the number of acres that the political subdivision has rezoned out of an Agricultural Zoning District during the previous calendar year and a map that clearly shows the location of those acres.
A. 
Purpose and intent of Agricultural District Two (A-2). The purpose of the A-2 District is to provide a means of accomplishing the agricultural goals and objectives in the Community's Development Guide. This district is designed to promote the maintenance and preservation of areas with prime agricultural soils and lands that have been historically utilized for agricultural purposes. The intent of the A-2 District is to provide for agricultural activities and uses that are compatible with agriculture that are generally best suited for smaller farm units. The A-2 District is delineated by agricultural soils defined as follows:
AzA
DuC2
He
LoA
Ot
RtB2
SkA
WfB2
WnC2
B1A
EdB2
HeA
LoB
Pa
RtC2
SkB
WfC2
WoA
B1B
E1A
JaA
Ma
PeA
SaA
SkC2
WeA
ZuA
Br
EmA
JaB
Mb
PeB2
SaB
SbA
WeB
ZuB
CaB2
EoA
JuA
Md
PeC2
SaC2
SbB
WkC2
ZuC2
Co
EvB
KaA
Mf
P1A
SbC2
SbC2
W1A
Da
EvC2
KdB
Na
P1B
Se
TrA
W1B2
DrA
F1A
KdC2
OgA
P1C2
PmA
Wa
W1C2
DrB
F1B
KeA
OgB
RnB2
PmB
WaB
WhB2
DrC2
GrA
KeB2
OoA
RnC2
PnA
WaC2
WhC2
DuA
GrB2
KeC2
OoB
RpB
PnB
WcA
WnA
DuB2
GrC2
LkA
OoC2
RpC2
Ha
WfA
WnB2
B. 
Permitted uses. The following uses are permitted in this district:
(1) 
General farming, including dairying, livestock and poultry raising, nurseries, and other similar enterprises or uses, except fur farms and farms operated for the disposal or reduction of garbage, sewage, rubbish or offal.
(2) 
Forestry grazing, hatcheries, nurseries, orchards, paddocks, poultry raising, stables, truck farming, and other appropriate agricultural pursuits, farm products produced on the premises that do not require outside processing before they are offered for sale, and up to two unlighted signs not larger than eight square feet each advertising such sale.
(3) 
Airports not open to the public.
(4) 
One residential dwelling for those resident owners and workers actually engaged in the principal permitted uses.
(5) 
One trailer box per farm, for use in storing nonflammable farm-related items, excluding animals, with wheels removed and placed on timbers, limerock or slab.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Churches, veterinary hospitals, community parks and recreational areas.
(2) 
Water storage facilities and power stations, provided they are enclosed by an eight-foot or more protective fence.
(3) 
Farm dwelling and related farm structures may be separated from the farm plot, provided that the parcel created conforms with all regulations set forth in the A-3 District but not to exceed five acres or deem the remaining land inconsistent with the requirements of this district.
(4) 
Fur farms, insect-breeding facilities, commercial or wholesale greenhouses, holding pens, confinement operations, and other agricultural uses that may cause noxious odors or noise, provided that written permission be obtained from the Town Board on the recommendation of the Planning and Zoning Committee.
(5) 
Riding stables, riding schools, and shooting preserves.
(6) 
The installation of one mobile home on any operation farm when the head of the occupant household of such mobile home is employed in connection with the farm operation.
(7) 
Creameries, milk condenseries, cheese factories, and pea vineries; provided, however, that same are not located or operated nearer than 500 feet to any dwelling.
(8) 
Supportive agribusiness activities to include grain elevators, seed, fertilizer, and farm chemical sales, commercial feedlots, feed mills, and similar activities, provided they are adjacent to arterial or collector roads as defined by Article IX of this chapter.
(9) 
Commercial storage of nonagriculture items in existing buildings or new buildings in the immediate vicinity of existing buildings of the parcel.
(10) 
An additional farm dwelling for those resident owners and workers actually engaged in the principle permitted uses.
(11) 
Telephone, telegraph and electric transmission lines, buildings or structures.
(12) 
Home occupation.
(13) 
Gravel pit, private or commercial.
(14) 
Day cares when required to be licensed by the state.
(15) 
Farm family business.
[Added 4-12-2007 by Ord. No. 68]
(16) 
Wireless communication facilities in accordance with Article XIV of this chapter.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Requirements for permitted and conditional uses:
(1) 
Lot size: 10 to 35 acres.
(2) 
Maximum building height: 35 feet for residential structures; no maximum on other structures.
(3) 
Minimum front yard setback: 50 feet.
(4) 
Minimum rear yard setback: 50 feet.
(5) 
Minimum side yard:
(a) 
Principal buildings: 20 feet on each side.
(b) 
Accessory buildings: 10 feet on each side.
(6) 
Animals per acre: one animal unit per acre. Additional animals per unit will require a conditional use permit.
(7) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on arterial, collector, and local roads.
(8) 
Fences shall be required on parcels where animals are kept.
A. 
Purpose and intent of Agricultural District Three (A-3). The purpose of the A-3 District is to provide a mixture of low-density residential and agriculture land uses which are consistent with the goals and objectives of the Development Plan. This district is designed to permit utilization of relatively small land parcels in predominantly agricultural areas for rural residential use. The intent of the A-3 District is that it is to be applied to those rural lands that have marginal utility for agricultural use because of soil type, lot configuration and/or topography. The A-3 District is to consist of soils which do not have on-site sewer limitations and not prime agricultural soils. No residential development shall take place on the following soils or the agricultural soils listed in the A-1 District which are hereby made part of this district.
Ad
EdE
KaK
Ot
SoB
Aw
E1A
KdD
Pa
SoC2
AzA
EmA
DeD2
Ro
SoD
BmA
EoA
KeE
RpB
SoF
Br
EvD
LkA
RpC2
TrA
CaD2
EvE
LoD
RpD2
Wb
CaE
GoD
Ma
RrE
WcA
Co
GpB2
Mb
RrF
W1A
Da
GpC2
Mc
Rs
W1C2
DrD2
GrD2
Md
RtD
W1D2
EdB2
Ha
Me
RuE
WhB2
EdC2
Ho
Mf
RuF
WhC2
EdD2
JuA
Na
SaD
WhC2
OoD2
SbC2
WoA
B. 
Permitted uses. The following uses are permitted in this district:
(1) 
Single-family dwellings but not to include a major subdivision as defined in this chapter; mobile homes when located in a mobile home park; one private garage for each residential parcel.
(2) 
General farming, including livestock and poultry raising, nurseries, and other similar enterprises or uses except fur farms and farms operated for the disposal or reduction of garbage, sewage, rubbish or offal.
(3) 
In-season roadside stands for the sale of farm products produced on the premises, and up to two unlighted signs not larger than eight square feet each advertising such sale.
(4) 
Gardening, including truck gardens, nurseries and greenhouses.
(5) 
Governmental buildings, except sewage disposal plants, garbage incinerators and buildings for the repair of storage of road building or maintenance machinery.
(6) 
Public parks, playgrounds, recreational and community center buildings and grounds.
(7) 
Grade schools, churches and their affiliated uses.
(8) 
Public buildings, except sewage plants, garbage incinerators, landfills, warehouses, garages, shops and storage areas.
(9) 
Water storage facilities and their accessory structures.
(10) 
Accessory buildings, including buildings clearly incidental to the residential use of the property; provided, however that no accessory building may be used as a separate dwelling unit. There shall be no more than three accessory buildings per lot totaling 3,000 square feet.
(11) 
Uses customarily incidental to any of the above uses; provided that no such use generates traffic or noise that would create a public or private nuisance.
(12) 
One trailer box per farm, for use in storing nonflammable farm-related items, excluding animals, with wheels removed and placed on timbers, limerock or slab.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Home occupation.
(2) 
Professional offices, when such office is conducted solely by a member or members of the resident family, entirely within the residence and incidental to the residential use of the premises.
(3) 
Institutions of a charitable or philanthropic nature, hospitals, clinics and sanitariums, libraries, museums and community buildings, private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business, and except also riding clubs.
(4) 
Mobile homes, provided that only one mobile home will be permitted in conjunction with an established farmstead and that the head of the occupant household of such mobile home is employed in connection with the farm operation.
(5) 
Fur farms, insect-breeding facilities commercial or wholesale greenhouses, holding pens, confinement operations and other agricultural uses that may cause noxious odors or noise.
(6) 
More than three accessory buildings requires a conditional use permit. One or more buildings totaling more than 3,000 square feet requires a conditional use permit.
(7) 
Gravel pit, private or commercial.
(8) 
Day cares when required to be licensed by the state.
(9) 
Farm family business.
[Added 4-12-2007 by Ord. No. 68]
D. 
Requirements for permitted and conditional uses.
(1) 
Maximum building height: 35 feet.
(2) 
Minimum side yard:
(a) 
Principal buildings: 20 feet on each side.
(b) 
Accessory buildings: 10 feet on each side.
(3) 
Minimum front yard setback: 50 feet.
(4) 
Minimum rear yard setback: 50 feet.
(5) 
Lot size: three to 10 acres.
(6) 
Accessory buildings: any square feet in excess of 3,000 square feet requires a conditional use permit.
(7) 
Animals per acre: two large animal units per three acres, 1/2 additional animal unit per acre thereafter; additional animals will require a conditional use permit.
(8) 
Fences shall be required on parcels where animals are kept.
A. 
Purpose and intent of R-R District.
(1) 
The purpose of the R-R District is to provide a means of obtaining the residential goals and objectives of the Development Guide. The R-R District is to provide a quiet pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses. The intent of the R-R District is to provide for rural residential development on soils that are compatible for on-site disposal of sewage effluent, will substantially support a residential structure, and will not infringe on primary agricultural soils.
(2) 
The following described soil types have been determined to have severe limitations due to high water tables, slow permeability, lateral seepage, liquefies easy, flotation of pipes, subject to frost heave, bedrock, low bearing capacity, or frequent overflow and, therefore, no residential development shall take place thereon:
On-Site Limitations
Ad
EdE
KaK
Ot
SoB
Aw
E1A
KdD
Pa
SoC2
AzA
EmA
KeD2
Ro
SoD
BmA
EoA
KeE
RpB
SoF
Br
EvD
LkA
RpC2
TrA
CaD2
EvE
LoD
RpD2
Wb
CaE
GoD
Ma
RrE
WcA
Co
GpB2
Mb
RrF
W1A
Da
GpC2
Mc
Rs
W1B2
DrD2
GrD2
Md
RtD
W1C2
EdB2
Ha
Me
RuE
W1D2
EdC2
Ho
Mf
RuF
WhB2
EdD2
JuA
Na
SaD
WhC2
OoD2
SbC2
WoA
B. 
Permitted uses. The following uses are permitted uses in this district:
(1) 
Single-family dwellings, one private garage for each residential lot.
(2) 
Gardening, including truck gardens, nurseries, greenhouses and the keeping of small animals to include up to 10 rabbits, 10 chickens, two dogs and/or two cats per dwelling unit.
(3) 
Governmental buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.
(4) 
Public parks, playgrounds, recreational and community center buildings and grounds.
(5) 
Grade schools, churches and their affiliated uses.
(6) 
Public buildings, except sewage plants, garbage incinerators, landfills, warehouses, garages, shops and storage areas.
(7) 
Water storage facilities and their accessory structures.
(8) 
Accessory buildings, including buildings clearly incidental to the residential use of the property; provided, however, that no accessory building may be used as a separate dwelling unit. There shall be no more than two accessory buildings per lot.
(9) 
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public nuisance.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Home occupation.
(2) 
Professional offices, when such office is conducted solely by a member or members of the resident family, entirely within the residence and incidental to the residential use of the premises.
(3) 
Public buildings, such as colleges and universities, including private music, dancing, business schools, vocational schools, but not to include sewerage plants, garbage incinerators, warehouses, garages, or storage areas.
(4) 
Institutions of a charitable or philanthropic nature, hospitals, clinics, and sanitariums, libraries, museums and community buildings, private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business.
(5) 
Telephone, telegraph and electric transmission lines, buildings or structures.
(6) 
Two-family dwellings, nursing homes and hospitals.
(7) 
Day cares when required to be licensed by the state.
D. 
Requirements for permitted and conditional uses:
(1) 
Lot size: 40,000 square feet to three acres.
(2) 
Maximum building height: 35 feet.
(3) 
Minimum front yard setback: 50 feet.
(4) 
Minimum side yard setback: 15 feet.
(5) 
Minimum rear yard setback: 25 feet.
(6) 
Minimum lot width at building line: 100 feet.
(7) 
Minimum frontage on public road: 50 feet.
(8) 
Accessory building setbacks:
(a) 
Front yard: 50 feet.
(b) 
Side yard: eight feet.
(c) 
Rear yard: eight feet.
(9) 
Maximum area of accessory building: 1,000 square feet.
(10) 
Maximum accessory building height: 16 feet.
(11) 
Minimum lot area with approved soil test and preplanned lot: 20,000 square feet.
(12) 
Minimum lot area per two-family dwelling: 55,000 square feet.
(13) 
Minimum on main floor living area of a single-family ranch dwelling: 900 square feet.
(14) 
Minimum on main floor living area of a two-family ranch dwelling, per family: 800 square feet.
(15) 
Minimum living area for a multilevel single-family dwelling: 1,200 square feet.
(16) 
Minimum living area for a two-family multilevel dwelling, excluding basements, per family: 1,100 square feet.
(17) 
Basements will not count as square footage in one level ranch and two-story homes.
(18) 
Any dwelling constructed without a full height basement, the main floor living area shall be increased by: 200 square feet.
(19) 
Off-street parking, residential: two spaces per family.
(20) 
Off-street parking, public gathering: one space per five seats, if applicable, or one space per 200 square feet of building.
(21) 
Two-family dwelling ratio: not more than one two-family per four single-family dwelling, or not more than one two-family dwelling per four acres of land under a single ownership within the district.
(22) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on federal, state, and county roads.
A. 
Purpose and intent of Residential District One (R-1).
(1) 
The purpose of the R-1 District is to provide a means of obtaining the residential goals and objectives of the Development Guide. The R-1 District is to provide sufficient space in appropriate locations for residential development to meet the housing needs of the community's present and expected future population, with due allowance for the need for a choice of sites. The intent of this district is to provide a suitable open character for single- and two-family dwellings at medium densities when sewage treatment facilities comply with state requirements.
(2) 
The following soil types have been determined to have severe engineering limitations because of their characteristics that include a high shrink-swell potential, low bearing capacity, high moisture content, bedrock at or near the surface, liquification potential, or flotation of pipes and, therefore, no residential development shall take place thereon:
Ad
EvD
Md
RrF
Aw
EvE
Me
Rs
Br
GoD
Mf
RuE
CaE
Ho
Na
RuF
Co
JuA
Ot
Se
EdC2
KeE
Pa
SoD
EdD2
Ma
Ro
SoF
EdE
Mb
RpD2
W1D2
Eoa
Mc
RrE
WoA
B. 
Permitted uses. The following uses are permitted in this district:
(1) 
Single-family dwellings.
(2) 
Municipal buildings, except sewage plants, garbage incinerators, warehouses, garages, shops, and storage yards.
(3) 
Public parks, playgrounds, recreational and community center buildings and grounds.
(4) 
One private garage and one accessory building.
(5) 
Uses customarily incidental to any other above uses, provided that no such use generates traffic, odor, or noise that would create a public or private nuisance.
(6) 
Gardening, including truck gardens, nurseries, greenhouses and the keeping of small animals to include up to two dogs and/or two cats.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Home occupation.
(2) 
Professional offices, when such office is conducted solely by a member or members of the resident family, entirely within the residence and incidental to the residential use of the premises.
(3) 
Public buildings, such as colleges and universities, including private music, dancing, business schools, vocational schools, but not to include sewage plants, garbage incinerators, warehouses, garages, or storage areas.
(4) 
Institutions of a charitable or philanthropic nature, hospitals, clinics and sanitariums, libraries, museums and community buildings, private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business, and except also riding clubs.
(5) 
Telephone, telegraph and electric transmission lines, buildings or structures.
(6) 
Two-family dwellings, nursing homes and hospitals when located on collector streets.
(7) 
Churches and all affiliated uses, all grade schools, libraries and hospitals, water storage facilities and related structures.
(8) 
Day cares when required to be licensed by the state.
D. 
Requirements for permitted and conditional uses:
(1) 
Minimum lot area: 8,400 square feet.
(2) 
Maximum lot area: 20,000 square feet.
(3) 
Maximum building height: 35 feet.
(4) 
Minimum front setback: 25 feet.
(5) 
Minimum side yard setback: eight feet minimum; total of 20 feet on both sides.
(6) 
Minimum rear setback: 25 feet.
(7) 
Minimum lot width at building line: 70 feet.
(8) 
Minimum lot frontage on public road: 50 feet.
(9) 
Accessory building setbacks:
(a) 
Front yard: 25 feet.
(b) 
Side yard: five feet.
(c) 
Rear yard: five feet.
(10) 
Accessory building height: 16 feet.
(11) 
Maximum area of accessory building: 1,000 square feet.
(12) 
Minimum lot area per two-family dwelling: 12,000 square feet.
(13) 
Minimum on main floor living area of a single-family ranch dwelling: 900 square feet.
(14) 
Minimum on main floor living area of a two-family ranch dwelling, per family: 800 square feet.
(15) 
Minimum living area for a multilevel single-family dwelling: 1,200 square feet.
(16) 
Minimum living area for a two-family multilevel dwelling excluding basements, per family: 1,100 square feet.
(17) 
Basements will not count as square footage in one level ranch and two story homes.
(18) 
Any dwelling constructed without a full height basement, the main floor living area shall be increased by: 200 square feet.
(19) 
Off-street parking, residential: two spaces per family.
(20) 
Off-street parking, public gathering: one space per five seats if applicable or one space per 200 square feet of building.
(21) 
Maximum lot coverage ratio of all buildings: not to exceed 25% of total lot.
[Amended 6-12-2006]
(22) 
Two-family dwelling ratio: not more than one two-family dwelling per four single-family dwellings, or not more than one two-family dwelling per one acre of land under a single ownership within the district.
(23) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on federal, state, and county roads.
A. 
Purpose and intent. The purpose of this district is to provide for moderate-density residential development in public service areas where public sewer services and facilities are readily available. This district is intended to protect and enhance existing residential areas occupied by a variety of low and moderate density and existing undeveloped parcels to accommodate new moderate-density residential development which is consistent with the Development Plan and compatible with adjoining land uses.
B. 
Permitted uses. The following uses are permitted in this district:
(1) 
Multiple-family dwellings, up to eight units per building upon approval of a site plan by the Planning and Zoning Committee.
(2) 
Single- and two-family dwellings.
(3) 
Churches and affiliated uses, grade schools, libraries, water storage facilities and related structures.
(4) 
Municipal buildings, except sewage plants, garbage incinerators, warehouses, garages, shops, and storage yards.
(5) 
Parks, playgrounds, recreational and community center building and grounds.
(6) 
Private garages and accessory buildings.
C. 
Conditional uses. The following conditional uses shall be allowed only after issuance of a conditional use permit:
(1) 
Multiple-family dwellings greater than eight units.
(2) 
Home occupation, when such operation is incidental to the residential use of the premises and does not involve any external alteration that would effect a substantial change in the residential character of the building.
(3) 
Professional offices, when such office is conducted solely by a member of the resident family, entirely within the residence and incidental to the residential use of the premises.
(4) 
Public buildings, such as colleges and universities, including private music, dancing, business schools, vocational schools, but not to include sewage plants, garbage incinerators, warehouses, garages, or storage areas.
(5) 
Nursing homes and hospitals when located in collector or arterial highways.
(6) 
Day-care centers and nursery schools.
(7) 
Funeral homes and undertaking parlors.
D. 
Requirements:
(1) 
Maximum building height: 35 feet.
(2) 
Minimum front setback: 50 feet.
(3) 
Minimum rear yard setback: 25 feet.
(4) 
Minimum side yard setback: 15 feet; 25 feet for both yards.
(5) 
Accessory building side setback: five feet.
(6) 
Minimum lot width at building line: 100 feet.
(7) 
Minimum lot frontage on public road: 100 feet.
(8) 
Minimum lot area for single-family: 10,000 feet.
(9) 
Minimum lot area for two-family: 12,000 feet.
(10) 
Minimum lot area for multifamily dwelling units larger than two units: 10,000 square feet for base lot, plus 2,000 square feet for each additional unit.
(11) 
Off-street parking, residential: two two-hundred-square-foot parking spaces per unit.
(12) 
Off-street parking for home occupation and professional offices, in addition to Subsection D(11): one two-hundred-square-foot space per 200 square feet of business space in structure.
(13) 
Usable open space shall be provided on each lot used for multifamily dwelling of three or more units. Usable open space shall comprise at least 25% of the gross land area of the lot area and shall be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development but shall not include public or private streets, drives, or drainageways.
(14) 
The developer is responsible for preparing a site plan as part of the application for three or more units.
(15) 
The Planning and Zoning Committee has the discretion to recommend to the Town Board to relax the above setback requirements for principle structures intended for condominium ownership except on the periphery of the original parcel.
(16) 
Site plan.
(a) 
The site plan map shall be submitted as part of the building permit application and provide the following:
[1] 
Be drawn to a scale of one inch equals 100 feet and accurately showing the location, dimensions, of existing elevations including two-foot topographic contours of the site;
[2] 
Show elevations and setbacks of all pertinent structures, cut and fill areas, drainage and stormwater runoff areas, storage areas;
[3] 
Indicate size, location and spatial arrangements of all proposed and existing structures, parking facilities on the site; and
[4] 
Indicate the location and elevations of streets, water supply and sanitary facilities.
(b) 
The applicant shall provide any additional pertinent information that is requested by the Committee to determine the suitability of the particular site for the proposed use.
A. 
Purpose and intent of Local Business District B-1. The purpose of the B-1 District is to provide a means of obtaining the commercial goals and objectives of the Development Guide. The intent of this district is to accommodate certain limited sales and service facilities adjacent to residential areas which constitute a convenience to residents in the neighborhood and be compatible with residential uses.
B. 
Permitted uses:
(1) 
Stores and shops in which items are sold directly to the public to include grocery; hardware; clothing and apparel stores; drug and beverage stores; bakeries; magazine and tobacco stores; coffee shops; laundry and dry cleaners; gift shops; taverns and restaurants; parking areas and the similar retail establishments normally found in neighborhood shopping centers.
(2) 
Professional offices for physicians, dentists, attorneys, real estate, insurance sales, and similar professional services in which services are offered to the general public on the premises.
(3) 
Personal services to include barbershops, beauty salons, tailor shops, and coin-operated laundromats.
(4) 
Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks and playgrounds.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Single-family residences but only in conjunction with and accessory to another permitted use for residential quarters for the owner, proprietor, commercial tenant, employee, or caretaker located in the same building as the business.
(2) 
Lodges and fraternal buildings, nursing and retirement homes, nursery and day-care centers.
(3) 
All public utility facilities, sewage treatment facilities.
(4) 
Animal hospitals and clinics, excluding open kennels and exercise yards.
(5) 
Sport shooting ranges, archery ranges, miniature golf courses, golf driving ranges, volleyball courts and other similar outdoor commercial or nonprofit recreational activities, including such activities that may require outdoor lighting to operate at night, provided that any light, noise, odor or vibrations generated by such use is within the performance standards of this chapter.
[Added 5-19-2015 by Ord. No. 2015-1]
D. 
Requirements for permitted and conditional uses:
(1) 
Maximum building height: 35 feet.
(2) 
Minimum frontage on public roads: 70 feet.
(3) 
Minimum floor area: 300 square feet.
(4) 
Parking requirements: one 300 square feet parking space for each 300 square feet of building.
(5) 
Minimum lot area (sewered): 7,500 square feet.
(a) 
Setbacks:
[1] 
Front yard: 30 feet.
[2] 
Rear yard: 12 feet.
[3] 
Side yard: 10 feet.
[4] 
Width at building line: 75 feet.
(6) 
Minimum lot area (unsewered): 40,000 square feet (NOTE: Soil types may require a larger lot size as to Rock County Sanitary Code.)
(a) 
Setbacks:
[1] 
Front yard: 50 feet.
[2] 
Rear yard: 25 feet.
[3] 
Side yard: 15 feet.
[4] 
Width at building line: 100 feet.
(7) 
Accessory side yard building setback: five feet.
A. 
Purpose and intent of Large Scale Commercial District B-2. The purpose of this district is to provide a means of obtaining the economic goals and objectives of the Development Guide. This district is intended to provide areas adjacent to major highways for the location of commercial establishments which usually require extensive land area for the open storage and display of merchandise and equipment.
B. 
Permitted uses. The following uses are permitted uses in this district:
(1) 
Sales, rental, and servicing, including repair of new and used automobiles, trucks, trailers, construction equipment and agricultural equipment.
(2) 
Filling stations.
(3) 
Lumber yards, building service and supply.
(4) 
Feed and grain dealers, grain storage; farm machinery, equipment and supplies, no height restrictions.
(5) 
Cooperatives, milk depot.
(6) 
TV, electrical, plumbing, heating and air-conditioning sales and service.
(7) 
Plumbing, air-conditioning, and heating: equipment sales, warehousing and repair facilities.
(8) 
Commercial laundries and dry cleaning plants.
(9) 
Public utility facilities, except sewage treatment plants and sanitary landfills.
(10) 
Animal hospitals, clinics, and kennels.
(11) 
Sales, servicing, repairing, and renting of equipment used by business, industry, and agriculture.
(12) 
Restaurants and taverns.
(13) 
Welding, sheet metal, or blacksmith shops.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Retailing, wholesaling, or warehousing of drugs and chemicals.
(2) 
Industrial machinery and supplies.
D. 
Requirements for permitted and conditional uses.
(1) 
Maximum building height: two times the setback of the building.
(2) 
Minimum frontage of public road: 70 feet.
(3) 
Parking requirements.
(a) 
All business and commercial establishments shall provide one parking space for each 200 square feet of floor area.
(b) 
Every structure or building containing 5,000 square feet or more of gross floor area shall provide off-street loading space measuring not less than 10 feet by 40 feet and having a height, clear of all obstructions, of 14 feet according to the following schedule:
Gross Floor Area
(square feet)
Number of Loading Spaces
5,000 to 24,000
1
24,001 to 60,000
2
60,001 to 96,000
3
96,001 to 144,000
4
144,001 to 192,000
5
192,001 to 240,000
6
240,001 to 294,000
7
294,001 to 348,000
8
(c) 
There shall be definite entrances and exits to the property.
(4) 
Minimum lot area: 40,000 square feet.
(5) 
Green area. Not less than 15% of the lot shall be permanently set aside, planted and maintained as a green area.
(6) 
Screening. All storage, except of motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened either:
(a) 
By a solid wall or fence not less than six feet nor more than eight feet in height; or
(b) 
By a densely planted hedge or shrubbery at least six feet in height which effectively causes a visual barrier; or
(c) 
By a permanent evergreen planting, the individual trees to be of such a number and kind so arranged that they will effectively cause a visual barrier at least six feet in height.
(7) 
Minimum front yard setback: 50 feet.
(8) 
Minimum back yard setback: 50 feet.
(9) 
Minimum lot width at building line: 100 feet.
(10) 
Maximum lot coverage of all buildings to lot size: five (lot) to one (building).
(11) 
Minimum setback for grain elevators, silos, and feed storage: two times the length of the facility.
A. 
Purpose and intent of Commercial Highway Interchange District (CHI). The purpose of the CHI District is to provide a means of obtaining the commercial and transportation goals and objectives of the Development Guide. The CHI District is to provide facilities to serve the traveling public at locations along federal and state highway routes. This district is intended to provide and protect sites that are suited to highway service development from haphazard development that could destroy the best use of such sites for their unique business functions.
B. 
Permitted uses. The following uses are permitted uses in this district:
(1) 
Gasoline service stations, provided further that all gasoline pumps, storage tanks, and accessory equipment must by located at least 100 feet from any existing or officially proposed street line.
(2) 
Automobile repair shops, including shops for general mechanical repairs, and repair of tires, but not including establishments for rebuilding, retreading, recapping, vulcanizing, or manufacturing tires, and not including establishments for painting automobiles on major automobile body or engine repair.
(3) 
Leasing of passenger automobiles, limousines or trucks, without drivers, or of truck trailers, or utility trailers.
(4) 
Establishments engaged in the daily or extended term rental or leasing of house trailers, mobile homes, or campers.
(5) 
Hotels, motor hotels, motels, tourist courts, tourist rooms, etc.
(6) 
Restaurants, taverns, lunch rooms and other eating places, including drive-in type establishments.
(7) 
Commercial parking lots, parking garages, parking structures.
(8) 
Tourist-oriented retail shops, including souvenir shops, gift shops, and flea markets.
(9) 
Residential use only when an integral part of the commercial building.
C. 
Conditional use. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Seasonal roadside stands for the sale of vegetables, fruit, or other farm products, but not other types of products or merchandise.
(2) 
Wholesale merchandise establishments.
(3) 
Warehouses.
(4) 
Motor carrier facilities.
(5) 
Travel trailer parks, specifically, parcels of land in which two or more spaces are occupied, or intended for occupancy, by travel trailers or campers, and for transient dwelling purposes only. This provision shall include by reference the definitions of "travel trailer park" and "travel trailer" set forth in Article XV of this chapter.
(6) 
Wireless communication facilities in accordance with Article XIV of this chapter.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Requirements for permitted and conditional uses:
(1) 
Maximum building height: 35 feet.
(2) 
Minimum front yard setback: 50 feet.
(3) 
Minimum rear yard setback: 50 feet.
(4) 
Minimum lot width at building line: 100 feet.
(5) 
Minimum lot frontage on public road: 50 feet.
(6) 
Minimum lot area: three acres.
(7) 
Minimum side yard setback: 15 feet.
(8) 
Truck unloading area: sufficient space that no streets or alleys need be blocked.
(9) 
Off-street parking, public gathering: one space per three seats if applicable or one space per 300 square feet of building.
(10) 
Maximum lot coverage ratio of all buildings to lot size: five (lot) to one (building).
(11) 
Site design: using the information on Article VII of this chapter as a guideline.
(12) 
Natural features, such as drainage areas, wet soils, and steep slopes shall be designed into the site plan.
(13) 
Not less than 20% of the area of each parcel as it existed when first covered by this chapter shall be permanently reserved for grass, flowers, shrubs, cover plants, trees, or equivalent esthetic treatment (green area) within the area between the front of the principle building and front yard line. Driveways or parking lots shall not qualify for such a green area but ponds or fountains shall qualify as a green area.
(14) 
Access or frontage roads. As a prerequisite to issuing a building permit, any area which comes under the CHI District shall have an interior road network dedicated to the public which will provide adequate access for future lots to the public road system.
(15) 
There shall be no access permits located within 1,000 feet of the most remote end or taper of any existing or proposed entrance or exit ramp of an interchange, or at intervals of less than 600 feet thereafter. Access points along opposite sides of intersecting highways shall be located either directly opposite each other, or directly opposite a median strip crossover, or separated by at least 300 feet of lateral distance along the highway center line.
(16) 
Truck parking areas shall be separated from automobile parking areas. Road network design should address truck traffic and automobile traffic and separate but integrate activities.
(17) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on federal, state and county roads.
A. 
Purpose and intent of Lowland Conservancy District One (C-1). The purpose of the C-1 District is to provide a means of obtaining the goals and objectives of the Development Guide. The C-1 District is designed to protect public health, safety and general welfare of the citizens of the community; private and public property from the hazards of floodwater inundation or high groundwater; and to protect the community from costs which are incurred when development occurs in lowland areas. The intent of this district is to conserve areas which are subject to flood hazard for open land uses, agricultural uses, recreational uses and other uses which do not require construction of extensive buildings in lowland areas. This district is delineated by alluvial or wet soils defined in this chapter as follows:
Ad
EoA
Me
Aw
Ha
Mf
AzA
Ho
Na
BmA
KaA
Ot
Br
LkA
Pa
Co
Ma
Rs
Da
Mb
Se
ElA
Mc
Wb
EmA
Md
WcA
B. 
Permitted uses. The following uses of land are permitted in this district:
(1) 
Agricultural uses to include crop and pasture land when conducted in accordance with the SCS standards, not including the erection of buildings or structures.
(2) 
Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss, berries, tree fruits and tree seeds.
(3) 
Forestry and the management of forests.
(4) 
Wildlife preserves.
(5) 
The management of wildlife, including waterfowl, fish, and other similar lowland animals, and nonresidential buildings used solely in conjunction with such activities.
(6) 
Hunting, fishing, trapping, piers, docks, and boathouses.
(7) 
Public and private parks, picnic areas, and similar uses.
(8) 
Hiking trails and bridle paths.
(9) 
Preservation of areas of scenic, historic, or scientific value.
(10) 
Watershed conservation areas.
(11) 
Open storage uses such as parking areas.
(12) 
Uses similar and customarily incident to any of the above uses.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Dams, reservoirs, ponds, grass waterways, water storage and primary facilities.
(2) 
Power plants deriving their power from the flow of water, and transmission lines and other facilities accessory thereto.
(3) 
Utilities, such as, but not restricted to, telephone, telegraph, power, or other transmission lines.
(4) 
Relocation of any watercourse.
(5) 
Filling, drainage or dredging of wetlands, provided that this shall conform to any Shorelands Zoning Ordinance enacted by Rock County pursuant to § 59.692, Wis. Stats., Zoning of Shorelands on Navigable Waters.
(6) 
Removal of topsoil or peat.
(7) 
Sewage disposal plants.
D. 
Requirements for permitted and conditional uses:
(1) 
Maximum building height: 35 feet.
(2) 
Minimum front yard setback: 50 feet.
(3) 
Minimum rear yard setback: 75 feet.
(4) 
Minimum lot frontage on public road: 50 feet.
(5) 
Minimum lot area: no minimum.
(6) 
No minimum lot area except in A-1 District where minimum is 35 acres.
(7) 
Minimum side yard setback: 15 feet.
(8) 
Off-street parking, public gathering: one space per five seats, if applicable, or one space per 200 square feet of building.
(9) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on federal, state, and county roads.
A. 
Purpose and intent of Highland Conservation District Two (C-2). The purpose of the C-2 District is to provide a means of obtaining the natural resource and the recreation goals and objectives of the Development Guide. The C-2 District is to provide for the preservation, protection, enhancement, and restoration of significant woodlands, scenic areas, submarginal farm land and areas that have slopes in excess of 20%; limit erosion and sedimentation; to promote and maintain the natural beauty of the area while seeking to assure the preservation and protection of areas that have significant topography, natural watersheds, groundwater and surface water, potential recreation sites, wildlife habitat, and other natural resource characteristics that contribute to the environmental quality. This district exists as delineated on the Zoning Map and includes the following soil types.
DuC2
GrA
OsA
WfB2
SaA
GrB2
DuB2
FlB
OgB
WfC2
SaB
OsB
DuA
F1A
OgA
WnA
SaC2
WfA
KeA
PmB
KeC2
WnB2
SbA
RpD2
KdC2
PmA
KeB2
WnC2
SbB
PnB
KdB
P1C2
TrA
WoA
SbC2
RpC2
JuA
P1B
WaA
ZuA
SkA
WeC2
JaB
P1A
WaB
ZuB
SkB
OsC2
JaA
PeC2
WaC2
RnB2
SkC2
GrC2
HeA
PeB2
WeA
RnC2
ZuC2
PnA
GrD2
PeA
WeB
RpB
B. 
Permitted uses. The following uses are permitted uses in this district:
(1) 
Forest and woodland crop management.
(2) 
Farming and related agricultural uses.
(3) 
Installation of soil and water conservation structures.
(4) 
Parks and recreational areas, arboretums, and botanical gardens.
(5) 
Forest preservation, wildlife reservations, and conservation projects.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Hunting and fishing clubs, including trap and skeet shooting facilities, target ranges and gun clubs when such activities are located 100 feet from the boundaries of the property involved.
(2) 
Horse stables, riding clubs, and fairgrounds.
(3) 
Private and public golf courses and country clubs.
(4) 
Earth movements involving site disturbing in excess of one acre not related to farming activity.
(5) 
Stream course changing, waterway construction or enlargement, dams, and changing of natural drainage ways.
(6) 
Single-family dwellings.
(7) 
Ski hills, ski trails, hunting and fishing clubs.
(8) 
Recreation camps.
(9) 
Animal hospitals, shelters and kennels.
(10) 
Telephone, telegraph and electric transmission lines, building or structures and similar public utility facilities.
(11) 
Radio, television, and communication transmitters or relay towers and facilities.
(12) 
Rifle ranges, skeet shooting clubs, and other activity features.
(13) 
Other recreation activities that do not require a structure or earth movement.
D. 
Requirements for permitted and conditional uses:
(1) 
Maximum building height: 35 feet.
(2) 
Minimum front yard setback: 75 feet.
(3) 
Minimum rear yard setback: 25 feet.
(4) 
Minimum lot width at building line: 100 feet.
(5) 
Minimum lot area: 10 acres.
(6) 
Minimum side yard setback: 15 feet.
(7) 
Off-street parking, public gathering: one space per five seats, if applicable, one space per 200 square feet of building, or one space per five anticipated users at maximum usage of facility.
(8) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks of federal, state, and county roads.
A. 
Purpose of Commercial Recreational District. The purpose of this district is to provide a means of obtaining the recreational and economic goals and objectives of the Development Guide. This district is intended to provide certain limited recreational goods, services and facilities in areas that contain or are immediately adjacent to recreational resources.
B. 
Permitted uses. The following uses are permitted uses in this district:
(1) 
Marine sales and services, boat rental, boat launching sites, parking areas, marine and boat supplies, sporting goods and supplies, bait shops, yacht clubs, boat liveries, off-season storage facilities, snowmobile sales and services, swimming beaches and pools.
(2) 
Restaurants, hotels, motels, tourist courts, taverns, bars, supper clubs, drive-in food and beverage establishments, dance halls, skating rinks, bowling alleys, gift novelty and souvenir sales.
(3) 
Governmental and cultural uses to include fire and police stations, community centers, libraries, parks, playgrounds, museums, utilities, schools and churches.
(4) 
Tennis courts, handball courts and racquet ball courts that are included within a building.
C. 
Conditional uses. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Residences for an owner or caretaker of a permitted use in this district.
(2) 
Archery ranges, miniature golf, golf driving ranges, and other similar commercial recreational activities that may require outdoor lighting to operate at night and that generate noise, odor or vibrations within the performance standards of this chapter.
(3) 
Amusement parks, penny arcades, billiard and pool halls, resorts, group camps, public assembly uses, and campgrounds.
D. 
Requirements for permitted and conditional uses:
(1) 
Maximum building height: 35 feet.
(2) 
Minimum front yard setback: 50 feet.
(3) 
Minimum rear yard setback: 50 feet.
(4) 
Minimum setback from high water mark: 75 feet.
(5) 
Minimum lot width at building line: 100 feet.
(6) 
Minimum frontage on public road: 50 feet.
(7) 
Minimum lot area with public sewer: 20,000 square feet.
(8) 
Minimum lot area without public sewer: 40,000 square feet.
(9) 
Maximum lot coverage ratio of all building to lot/size: five (lot) to one (building).
(10) 
Parking requirements: one two-hundred-square-foot parking space for each 200 square feet of building.
(11) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on federal, state, and county roads.[1]
[1]
Editor's Note: Original Sec. 4L of the Commercial Recreational District, regarding fees, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Planned Unit Development (PUD) is an area with a minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, limited commercial clusters, or planned residential developments, and/or more public, quasi-public, agricultural and/or conservation areas. The basic principle of the PUD is that property rights usually include a private area or lot and access to commonly owned property which is usually owned by a property owners' association or covered by easements which provide common use amongst property owners.
B. 
Purpose and intent of planned unit development. The PUD is established herein to provide a regulatory framework designed to encourage and promote improved environmental design by allowing for greater freedom, imagination and flexibility in the development of land while insuring substantial compliance to the basic intent of this chapter and the general plan for community development. To this intent it allows diversification and variation in the relationship on structures in developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relation to public services, and to encourage and facilitate preservation of open land.
C. 
Lot area, lot width, height, floor area ratio, yard and usable open space requirements.
(1) 
In the PUD the requirements of the respective zoning district may be relaxed to the discretion of the Planning and Zoning Committee but in no case shall the maximum number of units per square foot in relation to the total development be exceeded for the respective zoning district.
(2) 
A minimum of five acres of land shall be developed as a unit.
D. 
Off-street parking. In the Planned Unit Development District, off-street parking facilities shall be provided in accordance with applicable zoning district regulations, and such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
E. 
Criteria for approval. As a basis for determining the acceptability of a planned unit development application, the following criteria shall be applied to the precise development plan with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design:
(1) 
Character and intensity of land use. In a planned unit development, the uses proposed and their intensity and arrangement on the site shall be a visual and operational character which:
(a) 
Are compatible with the physical nature of the site with particular concern for preservation of natural features, tree growth, and open space.
(b) 
Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.
(c) 
Would not adversely affect the anticipated provision for school or other municipal services.
(d) 
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2) 
Economic feasibility and impact. The proponents of a planned unit development application shall provide evidence satisfactory to the Planning and Zoning Committee of its economic feasibility of available adequate financing and that it would not adversely affect the economic prosperity of the community or the values of surrounding properties.
(3) 
Engineering design standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to insure the public safety and welfare as determined by the Planning and Zoning Committee.
(4) 
Preservation and maintenance of open space. In a planned community development area, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication of private land.
(a) 
In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the public, as part of the conditions for project approval, an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the development. Buildings or uses for limited commercial, recreational, or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Town Board following approval of building site and operational plans by the Planning and Zoning Committee.
(b) 
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in the title to each property.
(c) 
Ownership and tax liability of private open space reservation shall be established and made a part of the conditions of the plan approval.
F. 
Procedure. The procedure for obtaining a PUD shall be as required for any other conditional use under this chapter, except that in addition thereto, the conditional use may only be considered in conjunction with the development plan, and shall be subject to the following additional requirements:
(1) 
General development plan. The applicant shall file with the County Planner and Planning and Zoning Committee a general development plan which shall include the following information:
(a) 
A statement describing the general character of the intended development.
(b) 
An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features, with a two-foot contour interval.
(c) 
A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsection E of this section:
[1] 
The pattern of proposed land use, including shape, size and arrangement of proposed use areas, density and environmental character.
[2] 
The pattern of public and private streets.
[3] 
The location, size and character of recreational and open space areas reserved or dedicated for public uses such as schools, parks, greenways, etc.
[4] 
A utility feasibility study.
(d) 
Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation by the community under the criteria of this section.
(e) 
General outline of intended organizational structure related to property owners' association, deed restrictions and private provision of common services.
(2) 
Referral and hearing.
(a) 
Within 60 days after completion of the filing of the petition for approval of a preliminary proposal, the Planning and Zoning Committee shall schedule the required public hearing.
(b) 
Approval of the conditional use and related preliminary proposal shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific implementation plan, and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
(3) 
Final plan. A specific and detailed plan for implementation of all or a part of a proposed planned unit development must be submitted within one year after receiving preliminary approval from the Planning and Zoning Committee. If a final plan has not been submitted within said time, which the Planning and Zoning Committee determines to be a reasonable phase of the total plan, the area shall revert back to the original zoning district without PUD classification. The specific implementation plan shall be submitted to the Planning and Zoning Committee and shall include the following detailed construction and engineering plans and related detailed documents and schedules:
(a) 
An accurate map of the area (at a scale of one inch equals 200 feet) covered by the plan, including the relationship to the total general development plan.
(b) 
The pattern of public and private roads, driveways, walkways and parking facilities.
(c) 
Detailed lot layout and subdivision plat where required.
(d) 
The arrangement of building groups, other than single-family residences, and their architectural character.
(e) 
Sanitary sewer and water mains.
(f) 
Grading plan and storm drainage system.
(g) 
The location and treatment of open space areas and recreational or other special amenities.
(h) 
The location and description of any areas to be dedicated to the public.
(i) 
General landscape treatment.
(j) 
Proof of financing capability.
(k) 
Analysis of economic impact upon the community.
(l) 
A development schedule indicating:
[1] 
The approximate date when construction of the project can be expected to begin;
[2] 
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
[3] 
The anticipated rate of development;
[4] 
The approximate date when the development of each of the stages will be completed; and
[5] 
The area and location of common open space that will be provided at each stage.
(m) 
Agreements, bylaws, provisions or covenants which govern the organizational structures, use, maintenance and continues protection of the planned community development and any of its common services, common open areas or other facilities.
(n) 
Any other plans, documents or schedules requested by the Committee.
(4) 
Approval of the final plan.
(a) 
Following a review of the specific implementation plan, and Planning and Zoning Committee shall recommend to the Town Board that it be approved as submitted, approved with modification or disapproved.
(b) 
Upon receipt of the Planning and Zoning Committee's recommendation, the Board may approve the plan and authorize the development to proceed accordingly, or disapprove the plan and send it back to the Planning and Zoning Committee for further negotiation with the developer.
(c) 
In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time. This shall be accomplished prior to the issuance of any building permit.
(d) 
Any subsequent change or addition to the plans or use shall first be submitted for approval to the Planning and Zoning Committee and if, in the opinion of the Committee, such change or addition constitutes substantial alteration of the original plan, the procedure provided in Subsection F, above, and in this subsection shall be required.
A. 
Procedures and applications.
(1) 
Approvals required.
(a) 
No person shall construct, expand, or operate a mobile home park within the Town unless he holds a valid license issued annually by the Town Clerk.
(b) 
Any person owning or controlling a mobile home court in existence on the effective date of this chapter may apply for and receive an annual license for his existing court or camp by complying with Subsection A(4) hereof.
(c) 
The Town Clerk shall issue an initial license only after the following actions have taken place:
[1] 
The land has been zoned mobile home park by the Town Board.
[2] 
The applicant completes application form and submits it to the Town Clerk together with the required license fee.
[3] 
The Town Board approves the license.
(2) 
Fees and expiration date (per § 66.0435, Wis. Stats.).
(a) 
Fee schedule:
[1] 
Initial mobile home court license fee: (appropriate fee as set by Town Board).
[2] 
Annual mobile home court license fee: (appropriate fee as set by Town Board).
[3] 
Mobile home court license transfer fee: (appropriate fee as set by Town Board).
(b) 
Expiration. All such licenses are to expire on the 30th day of June of each year and shall be renewed annually. There shall be no proration of fees.
(3) 
Initial license application.
(a) 
Application for an initial license shall be made to the Town Clerk in an initial license application form. Fees as provided in Subsection A(2)(a) above are required prior to taking action on the approval steps listed herein.
(b) 
Preliminary plan. The applicant shall apply for preliminary plan approval to the Planning and Zoning Committee. Such applicant shall submit six copies of the preliminary plan. Such preliminary plan shall be drawn on a topographic map with a scale of at least one inch equals 200 feet showing two-foot contours, the area, location and proposed layout of lots, roadways, buffer strips, and park areas. Approval by the Planning and Zoning Committee shall be in concept only which will enable the applicant to prepare the final plan.
(c) 
Final plan.
[1] 
Upon approval by the Planning and Zoning Committee of the preliminary plan, the applicant shall submit to the Planning and Zoning Committee a review fee of $500 and six copies of the general layout plan which shall include:[1]
[a] 
Three prints of a certified survey map or subdivision plat of the property showing existing features of the property.
[b] 
A complete plan of the court to a scale of not less than 200 feet per inch.
[c] 
The number, location and dimensions of all mobile home lots.
[d] 
The location and width of roadways, walkways, easements, setback lines, planting strips and recreation areas.
[e] 
The location of automobile parking areas and service buildings, if provided.
[f] 
The location and size of utility service lines for water, storm and sanitary sewers, electrical, telephone, fuel and, if provided, cable television service.
[g] 
Plans and specifications of all buildings and other improvements constructed or to be constructed within the court, including a detailed sketch of a typical mobile home lot.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2] 
Upon submission of the final plan to the Planning and Zoning Committee, the Committee shall set a public hearing on the final plan, and, after hearing any interested party, any staff report, recommendation or information, the Committee shall make a recommendation and report to the Town Board concerning such plan after determining the following:
[a] 
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the intended court.
[b] 
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
[c] 
That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public street.
[3] 
Approval by Town Board. After receiving the final plan and the recommendation and report from the Planning and Zoning Committee, the Town Board may grant a permit for a conditional use after a public hearing and thereafter grant the initial license. Such permit shall not be issued until the requirements of this section have been fulfilled. After the conditional use permit is issued, the Town Clerk is authorized to issue an initial license upon payment of the required fee.
[4] 
Procedure after permit granted. Upon approval of a conditional use permit, the owners of the land shall cause to be recorded with the Register of Deeds of Rock County, Wisconsin, a certified survey map or plat (per Ch. 236, Wis. Stats.) of the gross land area, including the final approved plans and the deeding to the Town those lands and easements called for in the plans submitted to the Planning and Zoning Committee and Town Board and containing a statement that the land is to be developed pursuant to the approved conditional use permit. Upon the submission of proof of such recording to the Town Clerk, said Clerk shall issue the initial license according to the conditional use permit and recorded plans. Construction pursuant to such permit must commence within one year of the date of the license issuance or the license shall become null and void.
(4) 
License application for annual license. The applicant shall apply to the Town each year, and the annual license shall be subject to the approval of the Town Board.
(5) 
Transfer of license. A transfer of license application shall be applied for and may be approved by the Town Board in the same manner as an application for a renewal license. The fee for such transfer license is $10.
B. 
Administration.
(1) 
Building Inspector. It shall be the responsibility of the Building Inspector to enforce the provisions of this chapter by authorizing and directing inspections to be made of all mobile home courts.
(2) 
Violations. Whenever the Building Inspector determines violations of pertinent regulations exists, he shall notify the licensee or permittee of such alleged violations. Such notice shall:
(a) 
Be in writing.
(b) 
Include a statement of the violations enumerated.
(c) 
Allow a reasonable time for the performance of any act it requires to correct such violations but not to exceed 90 days.
(3) 
Revocation of license. Upon failure to comply with such violation notice or upon complaint of any citizen of the Town, the license for such court is subject to revocation by the Town Board as provided in § 66.0435(2)(d), Wis. Stats., unless the alleged violation is corrected within the period specified by the Town Board.
(4) 
Emergency order. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, safety and/or welfare, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency, including the suspension of the license. Said order shall be in writing, shall be notwithstanding any other provisions of this chapter, and shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately or be subject to the revocation of the mobile home park license.
(5) 
Duty of license holder.
(a) 
It shall be the duty of the license holder to file with the Town Clerk a monthly report containing the following information on a form sheet:
[1] 
Name of mobile home court, name and address of owner, agent, or operator.
[2] 
A tabulation of mobile home court occupancy listing lot designation, occupants' names, monthly tax and date of departure or arrival.
(b) 
Within five days of the arrival of each new mobile home occupant, the owner shall submit, in duplicate, the Town Assessor Form 130-2 of the Wisconsin Department of Revenue for a mobile home.
(6) 
Restrictions on occupancy of mobile homes. No mobile home shall be occupied for dwelling purposes unless it is properly placed on a mobile home lot and connected to water, sewerage, electrical and other utilities and complies with all provisions of this chapter.
C. 
General provisions.
(1) 
Applicability. Every mobile home court built or added to after the effective date of this chapter shall conform to and be governed by the provisions of this chapter. No mobile home court shall be allowed in any zoning district except specified, Mobile Home District. Every mobile home court developed and governed by this chapter shall have an approved license.
(2) 
Classification.
(a) 
Mobile home courts. It shall be unlawful to permit a mobile home to be located in a court unless it is placed in a designated stand in a licensed court.
(3) 
Parking of mobile homes.
(a) 
Only one mobile home shall be placed on a lot.
(b) 
Each mobile home lot shall abut upon a roadway within an approved court.
(4) 
Nonresidential uses. No part of any court shall be used for nonresidential purposes, except such uses as are required for the direct servicing and well-being of court residents and for the management and maintenance of the court as approved by the Town Board.
(5) 
Signing.
(a) 
No signs shall be permitted except the following:
[1] 
One nonflashing identification ground-mounted sign or wall sign stating only the name of the court may be permitted, provided the sign does not project into the public way.
[2] 
Any necessary regulatory signs such as street name signs, and entrance and exit signs, etc.
(b) 
Signs and their installation shall comply with all other applicable codes and regulations.
D. 
Standards.
(1) 
Court size.
(a) 
Mobile home courts:
[1] 
Minimum acreage: eight.
[2] 
Maximum density of court: 7 units per gross land acre.
(2) 
Minimum number of lots. There shall be a minimum of 25 mobile home lots completed and ready for occupancy before first occupancy is permitted.
(3) 
Length of residential occupancy. No lot shall be rented for residential use of a mobile home in any such mobile home court except for periods of 30 days or more.
(4) 
Compliance with code standards. No mobile home shall be admitted in any mobile home court unless it can be demonstrated that it meets the requirements of American Standards for Installation in Mobile Homes Electrical, Heating, and Plumbing Systems or MHMA (Mobile Homes Manufacturing Association) Mobile Home Standards for Plumbing, Heating, and Electrical Systems.
(5) 
Minimum lot width and setback standards.
(a) 
Setback standards.
Mobile Home
(feet)
Accessory Structures
(feet)
Front setback
10
10
Side setback
8
5
Rear setback
8
5
Corner street side yard
8
8
Yard abutting open areas
8
8
From any public street
25
25
(b) 
Minimum lot width except irregular shaped lots may be approved with lesser frontage where necessary: 50 feet.
(c) 
Minimum lot area: 6,000 square feet.
(6) 
Parking.
(a) 
At least two off-street hard surfaced parking spaces shall be provided for each mobile home lot. The size of each space must be at least nine feet by 20 feet.
(b) 
Street parking on both sides of the street shall be permitted if the roadway width is at least 36 feet wide. Street parking shall be permitted on one designated side only if the roadway width is at least 30 feet wide.
(7) 
Screening. There shall be provided a screening buffer strip along the boundary of the mobile home court where it abuts a residence district. Such screening shall be at least five feet in width and five feet in height. Such strip shall be a densely planted hedge or shrubbery so as to effectively cause a visual barrier and still allow a breeze to pass.
(8) 
Recreation requirements. Recreation facilities, such as playgrounds, swimming pools or tot lots, shall be provided to meet the needs of the clientele the court is designed to serve. Not less than 10% of the total gross court area shall be devoted to recreational facilities and open space. Recreational facilities shall be convenient to the project center.
(9) 
Tenant storage. One storage building accessory to a mobile home will be permitted in a mobile home lot, provided that the storage building does not exceed 400 cubic feet and does not exceed eight feet in height. Such storage building shall be fully enclosed and located on the mobile home lot. All storage buildings in the mobile home court shall be uniform in size.
(10) 
Fuel supply. All fuel shall be distributed to individual lots by an underground distribution system from a common underground fuel storage facility installed in conformity with the rules and regulations on the Department of Safety and Professional Services of Wisconsin.
(11) 
Additions and alterations.
(a) 
Permit required. A permit issued by the Building Inspector shall be required before any construction on a mobile home lot or any structural addition or alteration to the exterior of a mobile home. No permit is required for addition of steps, awnings, skirting, windows, doors, or tenant storage structures as defined below.
(b) 
Size of expansion. No addition to a mobile home shall be greater than the area in square feet of the existing mobile home. No addition or alteration to the mobile home shall exceed in height the height of the existing mobile home, and all such alterations or additions shall be factory built.
(c) 
Conform to setbacks. Any addition to a mobile home shall be deemed a part of the mobile home and shall have the same setbacks as the existing mobile home.
(d) 
Skirting required. Vented skirting of nonflammable material for mobile homes is required. Areas enclosed by such skirting shall be maintained so as not to provide a harborage for rodents or create a fire hazard. It is recommended that insulation be provided inside the skirting to prevent the freezing of pipes.
(12) 
Utilities. Utilities shall be installed underground and shall meet county and State of Wisconsin Statutes and Codes.
(a) 
Electrical requirements.
[1] 
Each mobile home lot shall be connected to the court electrical wiring system by underground cable and by approved receptacle, disconnecting service per each mobile home lot shall be 120-140 volts AC, 100 amperes.
[2] 
Adequate lights shall be provided in mobile home courts to illuminate streets, driveways, and walkways for the safe movement of vehicles and pedestrians at night. A minimum of one footcandle shall be provided for safe pedestrian and vehicle movement.
(b) 
Sewer service. All mobile home parks shall be served by common sewer. Each mobile home lot shall be equipped with at least a three-inch sewer connection so located as to provide a suitable connection from the home with a continuous grade, not subject to surface drainage.
(c) 
Water. Common water shall be provided by separate lateral at each mobile home lot.
(d) 
Fire protection. Fire hydrants shall be located within 500 feet of any mobile home or service building.
(13) 
Mobile home stand, patio, and tie downs.
(a) 
A mobile home stand shall be a continuous four-inch concrete single slab or an approved alternate to support the mobile home.
(b) 
The mobile home stand shall be provided with six anchors and tie-downs, such as cast-in-place concrete "dead man" eyelets embedded in concrete foundations or arrowhead anchors or other devices securing the mobile home. Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and at the middle of each side, and each shall be able to sustain a minimum tensile strength of 2,800 pounds.
(14) 
Roadways.
(a) 
All roadways created by a mobile home court shall be hard surfaced according to standards established by the County Highway Department.
(b) 
The minimum pavement width of roadways shall be 30 feet. The minimum pavement diameter of culs-de-sac shall be 40 feet.
(c) 
The alignment and gradient shall be properly adapted to topography, to safe movement of types of traffic anticipated, and to satisfactory control of surface water and groundwater.
(d) 
The names of roadways within the court shall not duplicate the names of streets within Rock County.
(e) 
All road construction and maintenance will be at the developer's expense.
(15) 
Lot markers. The limits of each mobile home lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means.
(16) 
Fences and hedges. Fences and hedges may be permitted in a mobile home court, provided they do not exceed a height of three feet in the front yard or corner side yard and six feet in height in all other yards.
(17) 
Garbage and rubbish storage areas. Garbage and rubbish shall be stored in flytight, watertight, approved containers stored within a completely enclosed building or may be permitted outside the building provided that such storage area is effectively screened from view.
A. 
Purpose and intent of Special Purpose Districts (SP). The purpose of this district is to provide a means of obtaining the goals and objectives of the Development Guide. The SP District is intended to provide for those uses which create or could present special problems, hazards or other circumstances with regard to the use of land. This district is to include those uses of land which require large expanses of land; those which afford hazards to health, safety, or other aspects of the general welfare; those for which it is desirable to have a limited number of a given land use within the community.
B. 
Conditional uses. All such uses shall be conditional uses and subject to the consideration and approval of the Town of Milton Board with regard to such matters as the creation of nuisance conditions for the public or for users of nearby areas. The Committee will review the applicable facts pertaining to the proposed conditional use as found in Article V of this chapter and will approve the conditional use only after finding that its inclusion in this district possesses a high likelihood of not creating problems with regard to nearby parcels of land or occupants thereof and which are therefore permitted only subject to the fulfillment of conditions which effectively insure that no such problems will be created. The Committee may require special facilities as a condition of approval, such as, but not limited to, fences, trees, shrubbery, barriers, and other applicable material to protect the general public, the aesthetics of the area, or the immediate environment:
(1) 
Refuse disposal sites, dumping grounds, sanitary landfill operations, or similar uses with the specific provision that setbacks, screening, protective fencing, or some combination of these be provided in a manner adequate to protect the general public from any and all nuisances, hazards or other harmful conditions.
(2) 
Facilities for the production, mining, processing or storage of concrete, blacktop, asphalt, or other pavings or road surfacing or building materials.
(3) 
Airports open to the public, hangars, or accessory structures.
(4) 
Cemeteries when they comply with the provisions of § 157.06, Wis. Stats.
(5) 
Race tracks, sewerage treatment facilities.
(6) 
Accessory structures required by the principle use.
(7) 
Junkyards and automobile salvage yards.
C. 
Requirements for conditional uses:
(1) 
Minimum lot area: five acres.
(2) 
Minimum front yard setback: 50 feet.
(3) 
Minimum side yard setback: 20 feet.
(4) 
Minimum rear yard setback: 25 feet.
(5) 
Maximum slope ratio: 3:1.
(6) 
Off-street parking: one space per five seats, or one space per five anticipated users at maximum usage of facility.
(7) 
Abandonment procedures - mining operation:
(a) 
Slope: 3:1.
(b) 
Cover: five inches topsoil, fast growing grass, or other suitable vegetation.
(c) 
Erosion control as needed.
(8) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on federal, state, and county roads.
A. 
Purpose and intent of Light Industrial District (M-1).
(1) 
The purpose of the M-1 District is to provide a means of accomplishing the economic goals and industrial objectives in the community's Development Guide. The intent in having this district is to provide for industrial areas where adequate transportation facilities, topographic conditions, and utilities are available for industry. This district is to facilitate the establishment of light industrial areas which are consistent with the community as in relation to regional and national competitions.
(2) 
The following soil types have severe engineering limitations because of compressibility, high water table, shrink-swell potential, low shear strength, excessive slope, low bearing capacity, are subject to liquefaction and piping, frost heave, or are high erosive potential and, therefore, no industrial development shall take place thereon:
Ad
EdE
LoD
Pa
SaD
Aw
EoA
Ma
Ro
Se
AzA
GoD
Mb
RpC2
SoC2
Br
GpC2
Mc
RpD2
SoD
CaD2
GrD2
Md
RrE
SoF
CaE
Ho
Me
RrF
TrA
Co
JuA
Mf
Rs
WhC2
DrD2
KdD
Na
RtD
W1C2
EdC2
KeD2
OoD2
RuE
W1D2
EdD2
KeE
Ot
RuF
WoA
B. 
Permitted uses. The following uses are permitted in this district:
(1) 
Public or private offices or office buildings.
(2) 
Truck, bus, or rail terminals.
(3) 
Warehousing, or wholesaling of manufactured goods, except that live animals, explosives, or flammable gases or liquids or toxic materials shall require a conditional use permit issued by the Town Board.
(4) 
Public utility facilities.
(5) 
Police, fire and postal stations.
(6) 
Automotive upholstery and body repair shops, laundries and dry cleaning plants, not including personal and individual dropoff and pickup service.
(7) 
Commercial bakeries, greenhouses, printing and publishing.
(8) 
Distributors and food locker plants.
(9) 
Retail sales and service facilities, such as retail outlet stores, surplus goods stores, and restaurants and food service facilities, when established in conjunction with a permitted manufacturing or processing facility.
(10) 
Radio, television, and communication transmitting or relay towers and facilities.
(11) 
Railroad switching yards.
(12) 
Accessory buildings, uses and activities customarily incidental to the permitted uses. Accessory use may include a septic tank and field system, when approved by the County Sanitarian, which shall not exceed 5,000 gallons per day flow, serving an individual building or use. The provisions of Ch. NR 214, Wis. Adm. Code, shall be complied with at all times.
C. 
Conditional use. A conditional use in this district is to permit the following uses only after a public hearing, recommendation by the Planning and Zoning Committee and approval of the Town Board:
(1) 
Living quarters for watchman or caretaker.
(2) 
Farm machinery plants and machine shops.
(3) 
Manufacture, fabrication, packing, packaging, and assembly of products utilizing as a primary resource furs, glass, metal, paper, leather, plaster, plastics, textiles, and wood.
(4) 
Research laboratories and facilities.
(5) 
Manufacturing or processing of explosives.
(6) 
Terminal facilities for flammable gases or liquids.
(7) 
Warehousing, storage, or wholesaling of live animals, explosives, or flammable gases or liquids.
(8) 
Manufacture and bottling of nonalcoholic beverages.
(9) 
Storage and sale of machinery and equipment.
(10) 
Manufacture, fabrication, processing, packing, and packaging of confections, cosmetics, electrical appliances, electronic devices, instruments, jewelry, pharmaceutical, tobacco, toiletries and food, except cabbage, fish, and fish products, meat and meat products, and pea vining.
(11) 
Building contractor's storage yard.
(12) 
Commercial service facility, sewerage disposal plants, and public utilities.
(13) 
Wireless communication facilities in accordance with Article XIV of this chapter.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Requirements for conditional and permitted uses. Within the M-1 District the following standards shall apply:
(1) 
Maximum building height: 35 feet.
(2) 
Minimum building area: 40,000 square feet.
(3) 
Minimum front yard setback: 50 feet (75 feet if parking is permitted in front yard).
(4) 
Minimum rear yard setback: 40 feet (50 feet when abutting a residential area).
(5) 
Minimum side yard setback: 20 feet (50 feet when abutting a residential area).
(6) 
Minimum average lot width: 100 feet.
(7) 
Minimum parking provided: one space per two employees.
(8) 
Every structure or building containing at least 5,000 square feet of gross floor area shall provide off-street loading space measuring not less than 10 feet by 40 feet and having a height, clear of all obstructions, of 14 feet, according to the following schedule:
Gross Floor Area
(square feet)
Number of Loading Spaces
5,000 to 24,000
1
24,001 to 60,000
2
60,001 to 96,000
3
96,001 to 144,000
4
144,001 to 192,000
5
192,001 to 240,000
6
240,001 to 294,000
7
294,001 to 348,000
8
For each additional 54,000
1 additional space
(9) 
Not more than 40% of the lot containing any use permitted in this district may be used for open storage of raw material or any other material.
(10) 
All front yard setbacks are to also refer to § 400-81 of this chapter for setbacks on federal, state, and county roads.
A. 
Purpose and intent of HC Overlay District. Within districts now existing or hereafter created, it is intended to permit the creation of historic and cultural conservation overlay districts in general areas or for individual structures and premises officially designated as having historic or cultural significance. Regulations within such districts are in addition to the regulations of the underlying zoning district. These regulations are intended to protect against destruction of or encroachment upon such areas, structures or premises; to encourage uses which will lead to their continuance, conservation, and improvement in manner appropriate to preservation of the cultural and historic heritage of the Town; to prevent creation of environmental influences adverse to such purposes; to assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced and thereby to protect and promote the general welfare by maintaining and increasing property values, and making the district a more attractive and desirable place in which to live.
B. 
Permitted uses: continuation of existing uses when such use is in conformity with permitted uses of underlying zoning district.
C. 
Conditional uses:
(1) 
A conditional use in this district is to permit the following uses only after review and recommendation by the Historic District Committee, public hearing, recommendation by the Planning and Zoning Committee, and approval of the Town Board:
(a) 
Any use change from an existing use which would be permitted by the underlying district.
(b) 
Any expansion of an existing use which is permitted by the underlying district.
(c) 
Any new construction of a permitted or conditional use pursuant to the underlying zoning district.
(d) 
Any demolition activity.
(2) 
In general, the following items shall be considered in making decisions about conditional use requests within this district:
(a) 
Height. All new structures should by constructed to be a height visually compatible with the buildings and environment with which they are visually related.
(b) 
Scale. The gross volume of any new structure should be visually compatible with the building and environment with which it is visually related.
(c) 
Proportion of front facades. In the street elevation of a building, the proportion between the width and height in the facade should be visually compatible with the buildings and environment with which it is visually related.
(d) 
Proportion of openings. The proportions and relationships between doors and windows in the street facades should be visually compatible with the buildings and environment with which it is visually related.
(e) 
The rhythm of solids to voids. The rhythm of solids to voids created by openings in the facade should be visually compatible with the buildings and environment with which it is visually related.
(f) 
Rhythm of spacing. The existing rhythm created by existing building masses and spaces between them should be preserved.
(g) 
Relationship of materials. The material used in the final facades should be visually compatible with the buildings and environment with which it is visually related.
(h) 
Relationship of textures. The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related.
(i) 
Relationship of roofs. The design of the roof should be visually compatible with the buildings and environment with which it is visually related.
(j) 
Landscaping. The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related.
(k) 
Directional expression of front elevation. All street facades should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.
(l) 
Relationship of architectural details. Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.
D. 
Requirement for permitted and conditional uses:
(1) 
Maximum building height: within 10% of average of adjacent building heights.
(2) 
Minimum front yard setback: underlying district or average of adjacent yards.
(3) 
Minimum rear yard setback: underlying district or average of adjacent yards.
(4) 
Minimum lot width, minimum lot frontage and minimum lot area: underlying district. However, lots or portions of lots existing in HC Districts may be combined, but no existing lot or combination of lots, parcels, or portions thereof, in single ownership at the time of zoning to HC status, shall be reduced in width, depth, or area without the approval of the Planning and Zoning Committee.
(5) 
Minimum side yard setback: underlying district or average of adjacent yards.
(6) 
Minimum lot area per dwelling unit: as required by the Rock County Sanitary Code. Lot dimensions (proportion of length to width) shall approximate that of existing lots as being used.
(7) 
Off-street parking. Off-street parking and loading space shall be as required for the underlying zoning; provided, however, that the following regulations shall apply to the location of such parking facilities:
(a) 
No required off-street parking or loading space shall be located in any front yard.
(b) 
It is the intent of these regulations to permit off-site parking where required on-site parking is impractical or would have adverse effects on the appearance of the property or of the district. It is also intended to encourage provision of such off-site parking in grouped facilities in interior-block parking lots or courts or at other appropriate locations which will be convenient for users, reduce interference with pedestrian and vehicular traffic by minimizing curbcuts and sidewalk crossings, and make available for other purposes those areas of lots which would otherwise be required to provide driveways and parking space.
E. 
The Historic District Committee shall be notified of all applications for conditional use permits within this district. The Historic District Committee shall review the plans, visit the site for which the conditional use permit is requested, and shall advise the Planning and Zoning Committee as to whether or not the plans are compatible with the surrounding area.
F. 
Composition of Historic District Committee.
(1) 
The Historic District Committee shall be composed of five members appointed by the Town Board Chairman. One member shall be a member of the Town Board; one member from the Planning and Zoning Committee; one member an architect, architectural historian, planner, landscape architect, or from a related field; one member shall be a resident of the historic district; one member shall be a landowner and resident of the district.
(2) 
Members shall be appointed for three-year terms except that the Town Board and Planning and Zoning Committee members' terms shall expire at the same time as their respective terms of office.