The purpose of this article is to establish which uses are either permitted or not permitted to locate in each zoning district, floodplain, floodway, and wetland areas. A further distinction is made for uses which may locate in a given zoning district, floodplain, floodway, and wetland area only after obtaining a special use permit. (See § 500-160 of this chapter.) All uses and structures must comply with the applicable provisions of this chapter.
Table 4, included at the end of this chapter, sets forth those
uses which are permitted uses and special uses in the residential
R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, and R-10 Districts. In
addition, Table 4 lists those residential uses which are permitted
uses or special uses in the EA, AT, GA, HFA and PUD Districts.
Table 5, included at the end of this chapter, sets forth those
uses which are permitted uses and special uses in the NHB, CB, FB,
LM, BP, QE, I, PR, EA, AT, GA, PUD and HFA Districts. In interpreting
the various use designations, reference should be made to the Standard
Industrial Classification Manual (1987 or latest edition) published
by the Executive Office of the President, Office of Management and
Budget. Standard Industrial Classification (SIC) code numbers are
given for each use type listed in Table 5.
Permitted and/or special uses in floodplain and/or floodway areas are as specified in Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code, as amended.
Permitted and/or special uses in shoreland wetland areas are as specified in Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code.
This section sets forth those uses which are permitted uses
and special uses in wetland areas which are not shoreland wetlands
under the jurisdiction of Washington County. The following uses are
allowed by the Town of Barton as permitted uses or special uses (as
applicable) if all other required and applicable county, federal,
and state permits, including United States Army Corps of Engineers
and Wisconsin Department of Natural Resources (DNR) permits, have
been granted. A copy of all such permits shall be transmitted to the
Town of Barton prior to any approvals granted by the Town.
A.
Permitted uses in wetland areas (not including shoreland wetlands).
The following are permitted as a matter of right:
(1)
Hiking, fishing, trapping, swimming, and boating, unless prohibited
by other ordinances and laws.
(2)
The harvesting of wild crops, such as marsh hay, ferns, moss, wild
rice, berries, tree fruits, and tree seeds, in a manner that is not
injurious to the natural reproduction of such crops, and that does
not involve earthmoving, filling, flooding, draining, dredging, ditching,
tiling, or excavating.
(3)
Construction and maintenance of fences that does not involve earthmoving,
filling, flooding, draining, dredging, ditching, tiling, or excavating.
(4)
Existing agricultural uses, provided they do not involve extension
of cultivated areas, extension of or creation of new drainage systems,
and further provided they do not substantially disturb or impair the
natural fauna, flora, topography, or water regimen.
(5)
Earthmoving, ditching, tiling, dredging, excavating, or filling done
to maintain or repair an existing agricultural drainage system only
to the extent necessary to maintain the level of drainage required
to continue the existing agricultural use.
(6)
The construction and maintenance of piers, docks, and walkways, including
those built on pilings.
(7)
The maintenance, repair, replacement, and reconstruction of existing
streets, roads, and bridges.
B.
Special uses in wetland areas (not including shoreland wetlands).
The following uses may be allowed by special use permit:
(1)
The construction of streets which are necessary for the continuity
of the Town street system, necessary for the provision of essential
utility and public safety services, or necessary to provide access
to permitted open space uses in the zoning district, provided that:
(a)
The street cannot, as a practical matter, be located outside
a wetland; and
(b)
The street is designed and constructed to minimize the adverse
impact upon the natural functions of the wetland and meets the following
standards:
[1]
The street shall be designed and constructed for the minimum
cross section practical to serve the intended use;
[2]
Street construction activities shall be limited to the immediate
area of the roadbed only; and
[3]
Any earthmoving, filling, flooding, draining, dredging, ditching,
tiling, or excavating that is to be done must be necessary for the
construction or maintenance of the street.
(2)
The establishment and development of public and private parks and
recreation areas, public boat access sites, natural and outdoor education
areas, historic and scientific areas, wildlife refuges, game preserves,
and private habitat areas in the area, provided that:
(a)
Any private recreation or wildlife habitat area must be used
exclusively for that purpose;
(b)
No filling is to be done; and
(c)
Earthmoving, ditching, excavating, dredging, and dike and dam
construction may be done in wildlife refuges, game preserves, and
private wildlife habitat areas, but only for the purpose of improving
wildlife habitat or to otherwise enhance wetland values.
(3)
The construction and maintenance of electric, gas, telephone, water,
and sewer transmission and distribution lines, and related facilities
in the wetland area by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light,
power, or water to members, provided that:
(a)
The transmission and distribution lines and related facilities
cannot as a practical matter be located outside a wetland; and
(b)
Any earthmoving, filling, excavating, ditching, or draining
that is to be done must be necessary for such construction or maintenance,
and must be done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetlands.
(4)
The construction and maintenance of railroad lines in the wetland
area, provided that:
(a)
The railroad lines cannot as a practical matter be located outside
a wetland; and
(b)
Any earthmoving, filling, excavating, ditching, or draining
that is to be done must be necessary for such construction or maintenance,
and must be done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetlands.
