The Town of Fulton Board, Rock County, Wisconsin, has heretofore been directed at an Annual Town Meeting of qualified electors to exercise all powers relating to and conferred upon villages, and as such this chapter, Chapter 425, Zoning and Land Use, Town of Fulton, Code of Ordinances, is adopted by said Town of Fulton Board pursuant to §§ 60.10(2)(c), 60.22(3), 60.62, 61.34(1), 61.35, and 62.23, Wis. Stats.
This chapter, Chapter 425, Zoning and Land Use, Town of Fulton, Code of Ordinances, shall hereafter be known, cited, and referred to as the Town of Fulton Zoning Ordinance and shall be effective October 9, 1980 (hereafter "effective date"), and as revised and re-created July 14, 2015, after adoption at a public hearing by the Town of Fulton Board.
The purpose and intent of this chapter is to identify the process,
standards, and requirements for regulating uses of land, water, and
air, siting and construction of buildings and other structures and
uses thereof, and all related activities within the Town of Fulton,
so as to maintain and advance the public health, safety, and general
welfare of the Town by ensuring all of the following:
A.Â
Orderly, economical, efficient, equitable, and environmentally sound
layout and use of land, water, and air, siting and construction of
buildings and other structures and uses thereof, protection and preservation
of environmentally sensitive areas, cultural resources, productive
agricultural lands, woodlands, and open space, promotion of a coordinated
land use and community planning and development vision, and enhancement
of community character;
B.Â
Prevention and minimization of hazards to life or property, including
but not limited to those related to overcrowding of land, congestion,
pollution, fire, flood, disease, noise, soil, bedrock formation, topography,
drainage, steep slope, erosion, and sewage treatment and disposal,
water supply, and all other utilities;
C.Â
Consistency with the Town of Fulton Comprehensive Plan (hereafter
"Comprehensive Plan") and Town of Fulton Agriculture Resources: Farmland
Preservation Map as contained in the Rock County Agriculture Plan,
or any similar or other relevant county or Town plan, map, or document,
Chapter 60, Wis. Stats., and all other applicable Town ordinances,
regulations, or plans;
Any use of land, water, and air, siting and construction of
buildings and other structures and uses thereof, and all related activities
subject to this chapter, shall also be subject to and consistent with
all of the following:
A.Â
Chapter 60, Wis. Stats., and any similar or other relevant statute
or administrative code;
B.Â
The Comprehensive Plan and Town of Fulton Agriculture Resources:
Farmland Preservation Map as contained in the Rock County Agriculture
Plan, or any similar or other relevant county, Town plan, map, or
document, and all other applicable Town ordinances, regulations, or
plans;
C.Â
All other applicable ordinances, statutes, rules, regulations, plans,
or other provisions of law.
A.Â
Interpretation. The provisions of this chapter shall be interpreted
to be minimum requirements and shall be liberally construed in favor
of the Town of Fulton (hereafter "Town") and shall not be deemed a
limitation or repeal of any other power granted by Wis. Stats.
B.Â
Abrogation and greater restrictions. This chapter is not intended
to interfere with, abrogate, or annul any other ordinance, rule, regulation,
standard, statute, or other provision of law. Where any provision
of this chapter imposes a restriction similar to those imposed by
any other provision of this chapter or any other ordinance, rule,
regulation, standard, statute, or other provision of law, whichever
is more restrictive or imposes higher standards shall control.
C.Â
Severability. Each article, section, subsection, paragraph, sentence,
clause, word, and provision of this chapter is severable. If any of
the aforementioned components of this chapter are held unconstitutional
or invalid for any reason, such decision shall not affect the remainder
of said ordinance.
D.Â
Repeal. All other Town ordinances, regulations, or plans, or parts
of ordinances, regulations, or plans inconsistent or conflicting with
this chapter, to the extent of the inconsistency only, are hereby
repealed.
The text of this chapter and the Town of Fulton Official Zoning Map (hereafter "Zoning Map"), as defined in § 425-1-7 of this chapter and made a part hereof,[1] may be revised and amended by the Town of Fulton Board (hereafter "Board"). A revision or amendment to the Ordinance text may be initiated by the Board or the Town Plan Commission (hereafter "Commission"), and a revision or amendment to the Zoning Map may be initiated by the Board, Commission, or by application by one or more landowners in the Town, in accordance with § 425-4-3H of this chapter. The Town shall publish a Class 2 Legal Notice and hold a public hearing(s) on all proposed revisions and amendments to this chapter, in accordance with §§ 62.23(7)(d)(2) and Chapter 985, Wis. Stats. The Board shall adopt said revisions and amendments, through formal action, at said public hearing(s).
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
The following terms shall, for the purpose of this chapter,
have the definition as stated in this section. Any other term contained
in this chapter not defined in this section but vital to the interpretation
of this chapter shall be construed to have a legal definition.
Any structure, except the principal building, to include
a detached garage unless otherwise noted, affixed to the land and
built for support, shelter, or enclosure of persons, animals, chattel,
or other movable property, not to be located on a lot prior to establishment
of said principal building. (An accessory building shall not be utilized
as a residence.)
Any use of land, water, or air on a lot, except the principal
use, not to take place prior to establishment of said principal use
on the lot.
A building housing a business/commercial operation and/or
activity in which any of the following take place:
Display, exhibition, distribution, and sale of books, magazines,
motion pictures, prints, photographs, periodicals, records, novelties
and devices which depict, illustrate, describe, or relate to specified
sexual activities, identified as any of the following:
Human genitals in a state of sexual stimulation or arousal;
Acts of human adamitism, analingus, bestiality, cunnilingus,
coprophilia, fellation, flagellation, frottage, masochism, masturbation,
sadism, sadomasochism, sexual intercourse, sodomy or urolagnia;
Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
Any body part of a person treated or encountered by rubbing,
stroking, kneading, or tapping by another person, accompanied by the
display or exposure of specified anatomical areas, identified as any
of the following:
Allowance or encouragement of any person to undertake any of
the following:
Display or exposure of human genitals, pubic region, anus and
anal cleft, or female breasts below a point immediately above the
top of the areola, less than completely and opaquely covered*;
Display or exposure of human male genitals in a discernibly
turgid state even if completely and opaquely covered*.
|
NOTE:
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*
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Any covering, tape, pasty, latex spray or paint, or other device
which simulates or otherwise gives the appearance of display or exposure
shall not be considered an opaque covering, including but not limited
to body paint, body dyes, tattoos, dried or wet liquid latex paint
or spray, and similar substances.
|
Any use of land, water, or air meeting any of the following:
A building, other structure, business, activity, or enterprise
that is an integral part of or incidental to an agricultural use;
A farm residence, including normal residential appurtenances;
A business, activity, or enterprise meeting all of the following:
Conducted on a farm by the farm owner/operator;
Employing no more than four full-time employees annually;
Not impairing or limiting the current or future agricultural
use of the farm, other lands in the Agricultural-Exclusive (A-E) Zoning
District, or other lands protected through an agricultural conservation
easement or other nonagricultural development restriction;
Any use of land, water, or air entailing any of the following
conducted for the purpose of producing an income or livelihood:
Crop or forage production;
Keeping livestock or animal units;
Beekeeping;
Nursery, sod, or Christmas tree production;
Floriculture;
Aquaculture;
Fur farming;
Forest management;
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
Any use of land, water, or air having at least one of the
following as a principal use:
Providing agricultural supplies, agricultural equipment, agricultural
inputs, or agricultural services directly to farms in the Agricultural-Exclusive
(A-E) Zoning District;
Storing, processing, or handling raw agricultural commodities
obtained directly from farms in the Agricultural-Exclusive (A-E) Zoning
District;
Slaughtering livestock from farms in the Agricultural-Exclusive
(A-E) Zoning District;
Marketing livestock to or from farms in the Agricultural-Exclusive
(A-E) Zoning District;
Processing agricultural by-products or wastes received directly.
A solar energy system co-located on the same parcel of land
as agricultural production, including crop production, grazing, apiaries,
or other agricultural products or services.
[Added 8-10-2021 by Ord. No. 2021-09]
An animal classification system, with 1,000 pounds of bison,
four deer or camelids, and one horse/pony each equivalent to one animal
unit. (For animals not identified in the aforementioned, and not identified
as livestock as defined herein, the number of animal units for said
animals shall be defined as the average weight of the animal divided
by 1,000 pounds.)
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including but not limited to
directional structures or devices such as panels, microwave dishes,
satellite dishes, and omni-directional antennas, including whip antennas.
A landowner(s), or agent thereof having gained legal consent
of said landowner(s), requesting Town review of and action on an application
or other required submittal documents for a zoning and land use activity.
A public right-of-way, including but not limited to federal
and state highways, primarily serving or designated to serve the rapid
movement of concentrated volumes of automobile traffic over relatively
long distances and providing for movement between, rather than within,
activity areas.
A self-propelled machine whose primary purpose is transportation,
except a snowmobile or all-terrain vehicle, and requiring licensing
under the jurisdiction of a state.
All contiguous land that is part of a single farm in the
Agricultural-Exclusive (A-E) Zoning District on July 14, 2015, regardless
of any subsequent changes in farm size or composition, including ownership
transfer or land division, indicating a fixed geographical area that
remains constant over time.
A story that is in whole or part underground.
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists or other transients for
more than 10 nights in a twelve-month period, is the owner's personal
residence, is occupied by the owner at the time of rental, and in
which the only meal served to guests is breakfast, in accordance with
§ DHS 197.03, Wis. Adm. Code.
The Town of Fulton Board of Adjustment authorized by the
Town of Fulton Board, in accordance with § 62.37(7)(e),
Wis. Stats., to hear and take action on specific requests by applicants
for variances to and appeals of administration and enforcement of
this chapter and any other ordinance rule, regulation, statute, or
plan so related and under the Town's jurisdiction, not to include
any appeal of denial of a driveway permit application.
The Town of Fulton Board.
Any form of security including cash deposit, surety bond,
collateral, letter of credit, property, or instrument of credit in
an amount and form satisfactory to the Town.
Any structure affixed to the land and built for support,
shelter, or enclosure of persons, animals, chattel, or other movable
property, classified in this chapter as either principal or accessory,
not to include towers, antennas, or yard features.
Any modification to a building that increases the total square
footage of said building.
Any modification to a building's supporting members, including
but not limited to foundations, bearing walls, columns, beams, or
girders, or any substantial modification to a building's roof structure
or interior/exterior walls.
The area of a lot in which building sites are allowed.
The vertical distance from the top of a building's roof,
at its highest point, to the top of the building's basement or foundation,
whichever is less.
The Town of Fulton Building Inspector, a person designated
by the Board to administer and enforce specified provisions of this
chapter, with said person certified as a building inspector in accordance
with the State of Wisconsin Uniform Dwelling Code.
A solar energy system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. Building-integrated systems include but are not limited
to photovoltaic or hot-water solar energy systems that are contained
within roofing materials, windows, skylights, and awnings.
[Added 8-10-2021 by Ord. No. 2021-09]
A document submitted by an applicant if a specified building
is proposed for location, construction, addition, or alteration on
a lot, detailing various structural aspects of the building, in accordance
with the State of Wisconsin Uniform Dwelling Code.
A line located at the road yard, rear yard, and side yards
of a lot, between which lines and the lot lines buildings and specified
other structures are prohibited.
A document submitted by an applicant if a specified building
is proposed for location, construction, addition, or alteration on
a lot, detailing various geographical aspects of the building and
building site.
A line parallel to the boundary lines of a street or right-of-way,
bisecting said street or right-of-way into equal parts and separating
vehicular or other traffic moving in opposite directions.
A legal notice, in accordance with Chapter 985, Wis. Stats.,
published once in the Town's Official Newspaper and identifying review
of and/or action by the Town on a zoning and land use activity (and
the geographical location thereof) at a public hearing, along with
the hearing time, date, and location, so published at least seven
days prior to said hearing.
A legal notice, in accordance with Chapter 985, Wis. Stats.,
published twice in the Town's Official Newspaper and identifying review
of and/or action by the Town on a zoning and land use activity (and
the geographical location thereof) at a public hearing, along with
the hearing time, date, and location, so published at least two weeks
and at least seven days prior to said hearing.
A public right-of-way primarily serving or designated to
serve moderate amounts of vehicular traffic between local and arterial
streets, providing access to lots and for movement within, rather
than between, activity areas.
A single tower and/or site utilized by more than one communications
provider.
Substantial modification of an existing tower and/or associated
facilities to allow use by more than one communications provider.
Nonsubstantial modification of an existing tower and/or associated
facilities to allow use by more than one communications provider.
The Town of Fulton Plan Commission authorized by the Town
of Fulton Board, in accordance with § 62.23(1), Wis. Stats.,
to administer and enforce specified provisions of this chapter.
Ownership of land by the same person(s), or by persons that
are all wholly owned by the same person(s), including joint tenancy
and tenancy in common, to include land owned by one member of a married
couple is deemed to be owned by the married couple.
Any facility licensed, operated, or allowed under the authority
of the Wisconsin Department of Health Services, not to include day-care
centers, nursing homes, general hospitals, special hospitals, prisons,
or jails, with said facility as identified in the following:
A commercial solar energy system that converts sunlight into
electricity for the primary purpose of serving electric demands off
site from the facility, either retail or wholesale. Community-scale
systems are principal uses and projects typically covering less than
one acre.
[Added 8-10-2021 by Ord. No. 2021-09]
A solar energy system that provides retail electric power
(or a financial proxy for retail power) to multiple community members
or businesses residing or located off site from the location of the
solar energy system. Also referred to as "shared solar."
[Added 8-10-2021 by Ord. No. 2021-09]
The Town of Fulton Comprehensive Plan, a document adopted
by the Town of Fulton Board to guide specified aspects of community
planning and development, in accordance with § 66.1001,
Wis. Stats.
A use of land, water, air, buildings and other structures
requiring special oversight and review, allowable under this chapter
subject to issuance of a conditional use permit by the Town in accordance
with § 425-4.3F of this chapter, not to include a permitted
use.
A building and the associated grounds in which units of property,
such as apartments, are owned by individuals and common parts of property,
such as building(s) and grounds, are owned jointly by all unit owners,
so classified herein as a multifamily residence.
A matter requiring action by the Board, Commission, or BOA
in which an official of said Board, Commission, or BOA, an immediate
family member of the official, or an organization with which the official
is associated has a financial interest; or said official's use of
his/her position in a manner that could produce or assist in the production
of substantial benefit, whether directly or indirectly, for the official,
an immediate family member of the official, or an organization with
which the official is associated, as defined in § 19.42(2),
Wis. Stats.
A planned development and major land division (subdivision),
in accordance with Sections 4.107 and 4.117, County Land Division
and Management Ordinance, consisting of lots of reduced size and specifying
building sites so as to provide for a more compact development pattern,
and protection and preservation of environmentally sensitive areas,
cultural resources, priority agricultural lands, woodlands, and/or
open space.
An easement, in accordance with § 700.40, Wis.
Stats., prohibiting construction and earth-disturbing activity detrimental
to the intent and purpose of the easement.
Any lots/outlots sharing a common line, or any lots/outlots
that would share a common line but separated by a river, stream, section
line, or transportation, pipeline, or transmission line right-of-way,
not to include lots/outlots sharing a corner point.
A lot abutting two or more roads (streets) at their intersection,
provided the corner of such intersection has an angle of 135°
or less measured on the lot side.
Chapter 4, Subchapter 1, Part 1, Land Division and Management,
Code of Ordinances, Rock County, identifying the process, standards,
and requirements for all land divisions and other related development
activities in Rock County.
A map of a minor land division or identifying lands subject to a lot combination or an adjacent land sale or transfer, prepared by a land surveyor in accordance with § 380-13 of the Land Division Ordinance, Sections 4.112(1)(a) and 4.113(1)(a), County Land Division and Management Ordinance, and § 236.34, Wis. Stats., and submitted by an applicant in both a preliminary and final form.
A local street with a singular automobile outlet containing
an appropriate terminal for the safe and convenient reversal of traffic
movement.
Any building or structure, archaeological or cultural site,
or historical marker in the State of Wisconsin Historical Society's
Architecture and History Program, Archaeological Sites Inventory Program,
or Historical Markers Program, or any building, structure, site, or
marker so identified as a cultural resource in any Rock County or
Town cultural resources inventory, plan, or program.
A permit issued by the Town allowing a conditional use of
land, water, air, buildings, or other structures.
Wisconsin Department of Agriculture, Trade, and Consumer
Protection.
The intentional destruction or damage to a building or other
structure whereby less than 50% of the fair market value of said building
or structure remains after such destruction or damage.
A private right-of-way primarily serving or designated to
serve as an automobile access to a lot from a public street.
An activity entailing the movement of greater than two cubic
yards of soil.
A non-fee simple interest in land either allowing use of
the land by a person(s) other than the landowner and/or restricting
use of the land by the landowner.
A building designed to protect persons from natural and man-made
disasters, including but not limited to floods, windstorms, fires,
social upheaval events, and acts of war.
Natural resource features listed in accordance with § 425-3-3M(2) and § 425-3-3N(2) of this chapter.
The Town of Fulton Existing Land Use Map, or similarly named
map, as contained in the Comprehensive Plan and identifying general
areas within the Town currently used for residential, commercial,
light industrial, special, parks/outdoor recreation, agricultural,
and other designated land uses.
The entire livestock facility that is created by the expansion,
after May 1, 2006, including all livestock structures in the expanded
facility, regardless of whether those structures are new, existing,
or altered.
An increase in the largest number of animal units kept at
a livestock facility on at least 90 days in any twelve-month period.
The acquisition of an existing livestock facility, by the operator
of an adjacent livestock facility, does not constitute an "expansion"
unless that operator increases the largest number of animal units
kept at the combined livestock facilities on at least 90 days in any
twelve-month period.
Any person or persons occupying one residence, whether or
not related by blood or marriage.
Any land under common ownership and meeting either of the
following:
Any acreage in agricultural or open space use, including
any residences, buildings, or other structures whose primary purpose
is support of said use, in the Agricultural-Exclusive (A-E) Zoning
District.
Any person(s) holding title to land comprising a farm or
any person(s) primarily responsible for the day-to-day operation of
a farm.
Any building located on a farm and meeting either of the
following:
A residence and associated accessory buildings, existing
on or prior to October 9, 1980, and the land on which they are located,
formerly serving a farm in the Agricultural-Exclusive (A-E) or Agricultural-General
(A-G) Zoning District.
A private right-of-way whose primary purpose is to provide
access to lands in agricultural use.
Lands identified as floodplain by the Federal Emergency Management
Agency (FEMA), as delineated in accordance with the most current FEMA
floodplain maps adopted by the Rock County Board of Supervisors.
The combined total square feet on each floor of a building,
measured from the interior face of exterior walls or from the centerline
of a wall separating two buildings, not to include parking spaces,
loading space for automobiles, automobile maneuvering areas within
the building, or any space within the building where the floor-to-ceiling
height is less than six feet.
The length of a lot abutting a road (street) on one side
only and/or the length of the rear lot line of a lot abutting a surface
water feature.
The distance between the parallel boundaries of a street
or right-of-way, measured perpendicular from said boundaries.
The Town of Fulton Future Land Use Map; or similarly named
map, as contained in the Comprehensive Plan and identifying general
areas within the Town appropriate for future residential, commercial,
light industrial, special, parks/outdoor recreation, agricultural,
and other designated land uses.
Any building or portion of a building, whether attached to
or detached from a residence, whose primary purpose is storage of
automobiles and associated personal property serving said residence,
not to include any building or portion of a building whose primary
purpose is to store or park automobiles for commercial/business purposes.
A unit of government, including counties, towns, cities,
and villages, providing a wide array of vital services within their
borders.
The slope of a street specified in percent.
A photovoltaic solar energy system that is connected to an
electric circuit served by an electric utility company.
[Added 8-10-2021 by Ord. No. 2021-09]
Gross receipts from agricultural uses on a farm less the
cost or other basis of livestock or other agricultural items purchased
for resale which are sold or otherwise disposed of during the taxable
year, to include receipts accruing to a renter of agricultural land
but not rent paid to the agricultural land owner.
A solar energy system mounted on a rack or pole that rests
on or is attached to the ground. Ground-mount systems can be either
accessory or principal uses.
[Added 8-10-2021 by Ord. No. 2021-09]
One-half of a road (street) or right-of-way measured perpendicular
from the road (street) or right-of-way boundary to its centerline.
Any employment activity designed to generate a profit and
taking place in a residence, or garage or accessory building thereof,
with the production and sale of any products or services so generated
undertaken by the occupants of said residence, with only said products
and services to be sold on the premises, subject to all of the following:
The activity shall be clearly secondary and incidental to residential
use and shall not occupy more than 30% of the square footage of the
residence;
The activity shall not significantly alter the character or
appearance of the residence or property on which the activity is located,
with storage or display of materials, goods, supplies or equipment
related to the activity not visible outside any building or structure
located on the property;
The activity shall not unreasonably interfere with residential
occupancy of other adjacent or proximate properties;
The activity shall not create environmental, safety, or health
hazards such as noise, light, odors, vibrations, electrical emissions,
or other fire or safety hazards that are noticeably out of character
with those produced by normal residential occupancy;
The activity shall generate no more traffic than that which
is customary to adjacent and proximate residences and shall not involve
the use of commercial vehicles for more than an occasional delivery
to or from the property, nor the use of mechanical equipment other
than that allowable for purely residential purposes;
The activity shall not display items for sale nor contain more
than one sign used to identify the activity, with said sign to be
nonilluminated and no more than three square feet.
A building housing a home occupation.
Illuminating Engineering Society of North America.
A facility wherein four or more dogs of six or more months
of age, and/or more than two litters of dogs per year, are raised,
confined and/or kept for the purpose of sale, boarding, breeding,
or training.
The act or process of dividing an existing lot/outlot into
two or more lots/outlots normally for the purpose of ownership transfer
or building construction or location, or the land area thereof.
Chapter 380, Subdivision of Land, Code of Ordinances, Town of Fulton, identifying the process, standards, and requirements for all land divisions and other related development activity in the Town.
Any person(s) having legal title to a lot, outlot, other
land, or surface water in the Town.
A document prepared by an applicant, in accordance with Sec.
4.112.(2) of the County Land Division and Management Ordinance detailing
preservation, establishment, and maintenance of vegetation, including
trees, shrubs, grasses, and other groundcover, on an area subject
to residential, commercial, light industrial, or other type of development.
A commercial solar energy system that converts sunlight into
electricity for the primary purpose of wholesale sales of generated
electricity. A large-scale solar energy system will have a project
size greater than one acre and is the principal land use for the parcel(s)
on which it is located.
[Added 8-10-2021 by Ord. No. 2021-09]
A map created by the Town of Fulton, in accordance with Appendix C: Town of Fulton Land Evaluation and Site Assessment (LESA) System and Land Evaluation and Site Assessment (LESA) Map herein,[1] identifying lands in the Agricultural-Exclusive (A-E),
Agricultural-General (A-G), and Residential-Rural Density Large (R-RL)
Zoning Districts.
The Town of Fulton's Land Evaluation and Site Assessment (LESA) System, in accordance with Appendix C: Town of Fulton Land Evaluation and Site Assessment (LESA) System and Land Evaluation and Site Assessment (LESA) Map herein, created and utilized to identify lands suitable for designation in the Town's Agricultural-Exclusive (A-E) and Agricultural-General (A-G) Zoning Districts.
Domestic animals traditionally used in the State of Wisconsin
in the production of food, fiber or other animal products, to include
cattle, swine, poultry, sheep and goats, but not to include equine
animals, bison, farm-raised deer, fish, captive game birds, ratites,
camelids or mink.
A livestock classification system as defined in § NR
243.03(3), Wis. Adm. Code, as of April 27, 2004, or subsequent amendments,
as follows:
|
Livestock Type
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Livestock Animal Unit Factor*
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|---|---|
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Milking and dry cows
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1.4
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Heifers (800 pounds to 1,200 pounds)
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1.1
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Heifers (400 pounds to 800 pounds)
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0.6
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Calves (up to 400 pounds)
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0.2
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Steers or cows (600 pounds to market)
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1.0
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Calves (less than 600 pounds)
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0.5
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Bulls (each)
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1.4
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Pigs (55 pounds to market)
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0.4
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Pigs (up to 55 pounds)
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0.1
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Sows (each)
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0.4
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Boars (each)
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0.5
|
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Layers (each)
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0.01
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Broilers (each)
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0.005
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Broilers, continuous overflow watering
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0.01
|
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Layers or broilers, liquid manure system
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0.033
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Ducks, wet lot (each)
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0.2
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Ducks, dry lot (each)
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0.01
|
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Turkeys (each)
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0.018
|
|
Sheep (each)
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0.1
|
|
Goats (each)
|
0.1
|
|
*
|
Animal unit factor is based on an average animal weight per
growing cycle.
|
A feedlot, dairy farm or other operation where 500 or greater
livestock animal units are or will be fed, confined, maintained or
stabled for a total of 45 days or more in any twelve-month period,
to include all of the tax parcels of land on which the facility is
located, not to include a pasture or winter grazing area. Related
livestock facilities are collectively treated as a single "livestock
facility" for purposes of this chapter, except that an operator may
elect to treat a separate species facility as a separate "livestock
facility."
A building or other structure used to house or feed livestock,
to confine livestock for milking, to confine livestock for feeding
other than grazing, to store livestock feed, or to collect or store
waste generated at a livestock facility, to include a barn, milking
parlor, feed storage facility, feeding facility, animal lot or waste
storage facility, but not to include a pasture or winter grazing area,
a fence surrounding a pasture or winter grazing area, a livestock
watering or feeding facility in a pasture or winter grazing area,
or a machine shed or like facility that is not used for livestock.
A public right-of-way of limited continuity primarily serving
or designated to serve automobile traffic over relatively short distances,
providing access to abutting properties within neighborhoods and to
collector streets. (Frontage/service roads along arterial highways
shall be considered local roads for the purpose of determining the
building setback line along said frontage/service roads.)
A land area created by a land division or otherwise permitted by law to be sold or used as a principal building site and containing adequate size and dimension to meet all Town, Rock County, state, and any other applicable standards and regulations, including any nonconforming lot established and on file in the Rock County Register of Deeds Office prior to the effective date of this chapter and able to meet the minimum building setback line requirements, septic system, and water well requirements (including compliance with all applicable provisions of Chapter 6, Public Health, Code of Ordinances, Rock County) without obtaining a variance.
The total square footage or acreage of a lot, excluding any
public or private right-of-way or surface water feature.
That portion of the ground under buildings and other structures
on a lot, including but not limited to any constructed surface that
prevents rain water from reaching the ground directly as it falls
from the sky.
The boundary lines of a lot.
The Land Division and Development Activities Memorandum of Agreement, Town of Fulton and Rock County Planning, Economic and Community Development Agency, effective date April 20, 2012, contained as Appendix D herein,[2] constituting an agreement between the Town and said Agency,
and identifying procedures for various land division and development
activities, including the following:
A building, transportable in one or more sections, which
is eight body feet or more in width or 40 body feet or more in length
in transport mode, or when sited on a lot is 320 or more square feet,
constructed on a permanent chassis and designed to be used as a residence
with or without a permanent foundation and complying with the standards
established under 42 UCS 5401 to 5425 of the United States Department
of Housing and Urban Development's Uniform National Construction Standards;
or a building manufactured or assembled before June 15, 1976, designed
for transport by an automobile and used or intended to be used primarily
for human habitation, with walls of rigid uncollapsible construction
and having an overall length greater than 45 feet, with the building
to include plumbing, heating, and electrical systems, and all appliances
and all other equipment carrying a manufacturer's warranty.
A land area within a mobile home park lot whose principal
use is the siting of one mobile home.
A lot whose principal use is to provide a location and accommodation
for two or more mobile homes, including all buildings and other structures
used or intended for use thereof, whether or not a charge is made
by the lot owner for use of the lot and facilities thereon.
A tower utilized to accommodate antenna or similar equipment,
consisting of a single pole sunk into the ground and/or attached to
a foundation.
A planned development and major land division (subdivision),
in accordance with Sections 4.107 and 4.117, County Land Division
and Management Ordinance, consisting of lots of reduced size, increased
building densities, and differing land uses (residential, commercial/business,
governmental/quasi-governmental, and outdoor recreation/open space)
in close proximity so as to provide for a more compact development
pattern and protection and preservation of environmentally sensitive
areas, cultural resources, priority agricultural lands, woodlands,
and/or open space.
A lot on which agricultural or agriculture-related uses will
occur, created from a base farm after July 14, 2015, in accordance
with § 425-4-3H(2)(d)[1] of this chapter (applicable to
land in the A-E Zoning District).
[Added 6-8-2021 by Ord. No. 2021-06]
A lot on which a residence and associated accessory buildings,
existing on or prior to October 9, 1980, created from a base farm
after July 14, 2015, in accordance with § 425-4-3H(2)(d)[1]
of this chapter (applicable to land in the A-E Zoning District).
[Added 6-8-2021 by Ord. No. 2021-06]
A livestock facility that will be used as a livestock facility
for the first time, or for the first time in at least five years,
not to include an expanded livestock facility if any portion of that
facility has been used as a livestock facility in the preceding five
years.[3]
A lot on which a residence is proposed to be located, created
from a base farm after July 14, 2015, in accordance with § 425-4-3H(2)(d)[1]
of this chapter (applicable to land in the A-E Zoning District).
[Added 6-8-2021 by Ord. No. 2021-06]
Any lot, use of land, water, and air, and building or other
structure which is lawful on the effective date of this chapter or
an amendment or revision thereto, but which dimension, siting, construction,
or use does not conform to the provisions of the current chapter so
adopted.
Any residence other than a farm residence.
A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected
in any way to electric circuits that are served by an electric utility
company.
[Added 8-10-2021 by Ord. No. 2021-09]
A land area intended to provide outdoor recreation opportunities
and/or maintain and enhance ecosystem health, largely devoid of buildings,
other structures, or other visible, intensive construction activities
or products. (Any open space use in the A-E Zoning District shall
be completely devoid of buildings, other structures, or other visible
intensive construction activities or products.)
This chapter, Chapter 425, Zoning and Land Use, Code of Ordinances, Town of Fulton.
A land area, other than a lot, not to be utilized as a building
site and so designated on a plat of survey, certified survey map,
or subdivision plat.
The boundary lines of an outlot.
Standards and requirements applicable to all land, water,
air, buildings, and other structures in a specified geographical area,
superimposed on an underlying zoning district, with said standards
and requirements not identified in the underlying district.
A lot in a base farm remaining after a new lot is created
in accordance with § 425-4-3H(2)(d)[1] of this chapter.
[Amended 6-8-2021 by Ord. No. 2021-06]
A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy
via a heat exchanger.
[Added 8-10-2021 by Ord. No. 2021-09]
A public or private right-of-way primarily serving or designated
to serve the conveyance of foot traffic.
Any use of land, water, air, buildings or other structures
allowable by right under this chapter, not to include a conditional
use.
An individual(s), corporation, partnership, limited liability
company, trust, estate or other legal entity.
A solar energy system that converts solar energy directly
into electricity.
[Added 8-10-2021 by Ord. No. 2021-09]
A minor or major land division (subdivision), in accordance
with Sections 4.107 and 4.117, County Land Division and Management
Ordinance, in which building sites and construction are planned and
undertaken as a single project, incorporating a variety of land uses
and not subject to standard development design requirements.
A map of a minor land division or identifying lands subject
to an adjacent land sale or transfer, prepared by a land surveyor
in accordance with Sec. 4.107, County Land Division and Management
Ordinance, and submitted by an applicant in both a preliminary and
final form.
Lands within the Agricultural-Exclusive (A-E) Zoning District
containing Class I or Class II land capability classification, as
identified by the United States Department of Agriculture Natural
Resources Conservation Service.
The structure of primary use or importance on a lot, affixed
to the land and built for support, shelter, or enclosure of persons,
animals, chattel, or other movable property.
The primary use of land, water, air, a building, or other
structure on a lot/outlot.
Lands designated as Tier I Farmland Most Suitable on the Town of Fulton Land Evaluation and Site Assessment (LESA) Map as contained in Appendix C: Town of Fulton Land Evaluation and Site Assessment (LESA) System and Land Evaluation and Site Assessment Map as contained herein.[4]
A sanitary sewer treatment and disposal system consisting
of a septic tank and soil absorption field, or similar infrastructure,
serving a building(s).
Land meeting any of the following:
Located in the Agricultural-Exclusive (A-E) Zoning District;
Subject to a farmland preservation agreement in accordance with
Chapter 91, Wis. Stats.;
Subject to an agricultural conservation easement in accordance
with Chapter 91, Wis. Stats.;
Otherwise legally protected from nonagricultural development.
Any building or construction activity or product on a lot,
or serving a lot, intended to increase the value of the lot and which
a general purpose or special purpose district may ultimately assume
operation and maintenance responsibility.
Sanitary sewer treatment and disposal infrastructure constructed
and maintained by a general or special purpose district to serve the
sewage treatment and disposal needs within their boundaries.
Water supply infrastructure constructed and maintained by
a general or special purpose district to serve the clean water supply
needs within their boundaries.
A right-of-way owned by a general or special purpose district,
including but not limited to a street or pedestrian way, primarily
serving or designated to serve the conveyance of automobile, bicycle,
pedestrian, or other traffic.
The area of a lot opposite the road yard and between the
building setback line at the rear of the lot and its rear lot line,
in which building and other specified structure sites are prohibited.
(A corner lot shall have no rear yard and two road yards.)
A self-propelled machine or towable object whose primary
purpose is transportation and/or temporary human habitation for recreational
purposes, requiring licensing under the jurisdiction of a state and
not exceeding the minimum size of a mobile home in accordance with
§ 348.07(2), Wis. Stats.
A land area within a recreational vehicle park lot whose
principal use is the siting of one recreational vehicle.
A lot whose principal use is to provide a location and accommodation
for two or more recreational vehicles, including all buildings and
other structures used or intended for use thereof, whether or not
a charge is made by the lot owner for use of the lot and facilities
thereon.
Livestock facilities that are owned or managed by the same
person, and related to each other in at least one of the following
ways:
An easement that limits the height or location, or both,
of permissible development on the burdened land in terms of a structure
or vegetation, or both, for the purpose of providing access for the
benefited land to wind or sunlight passing over the burdened land,
consistent with Wis. Stats. § 700.35.
[Added 8-10-2021 by Ord. No. 2021-09]
A building whose primary use is occupation by a family and
requiring a permanent foundation, in accordance with the State of
Wisconsin Uniform Dwelling Code, containing separate sleeping, kitchen,
and bathroom facilities for each family within said building, so classified
herein as either farm or nonfarm, and further classified herein as
single-family (detached), two-family (attached), or multi- (three
to eight) family (attached or detached).
A residence occupied by one family.
A land area in public or private ownership primarily serving
or designated to serve as the location of a transportation line, pipeline,
or utility transmission line.
A right-of-way in public or private ownership, not including
driveways, primarily serving or designated to serve automobile traffic
and provide access within and/or between activity areas.
The boundary lines of a road (street) right-of-way to include
all land dedicated or utilized for street (road) purposes, including
but not limited to travel lanes, shoulder, ditches, backslopes, and
terraces.
The portion of a road (street) under pavement or other constructed
surface.
The area of a lot between the building setback line and the
adjacent boundary of the road (street) upon which the lot abuts, in
which building and other specified structure sites are prohibited.
(A corner lot shall have two road yards.)
A solar energy system mounted on a rack that is fastened
to or ballasted on a structure roof. Roof-mount systems are accessory
to the principal use.
[Added 8-10-2021 by Ord. No. 2021-09]
The final exterior slope of a roof calculated by the rise
over the run, typically but not exclusively expressed in twelfths
such as 3/12, 9/12, or 12/12.
[Added 8-10-2021 by Ord. No. 2021-09]
A land area in which a general or special purpose district
is able to provide public sanitary sewer system service given existing
infrastructure and capacity, as delineated in either an Areawide Water
Quality Management Plan (per § NR 121, Wis. Adm. Code),
general purpose district comprehensive plan, or special purpose district
plan or document.
The area of a lot between the building setback line on two
sides of the lot and the adjacent side lot line(s), in which building
and specified other specified structure sites are prohibited.
Any illuminated or nonilluminated surface, fabric, device
or display which bears lettered, pictorial, or sculptured matter visible
from any public place and which advertises, identifies, or conveys
information or directs attention to a product, service, place, activity,
person, institution, business or solicitation, including any permanently
or temporarily installed or situated merchandise, emblem, or placard,
and all associated structures and components thereof.[5]
Unobstructed access to direct sunlight on a lot or building
through the entire year, including access across adjacent parcel air
rights, for the purpose of capturing direct sunlight to operate a
solar energy system.
[Added 8-10-2021 by Ord. No. 2021-09]
A solar energy system of any size that is installed on a
carport structure that is accessory to a parking area, and which may
include electric vehicle supply equipment or energy storage facilities.
[Added 8-10-2021 by Ord. No. 2021-09]
A device, structure or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy. The collector
does not include frames, supports, or mounting hardware.
[Added 8-10-2021 by Ord. No. 2021-09]
Capturing and directing the visible light spectrum for use
in illuminating interior building spaces in lieu of artificial lighting,
usually by adding a device or design element to the building envelope.
[Added 8-10-2021 by Ord. No. 2021-09]
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
[Added 8-10-2021 by Ord. No. 2021-09]
A device, array of devices, or structural design feature,
the purpose of which is to provide for generation or storage of electricity
from sunlight, or the collection, storage and distribution of solar
energy for space heating or cooling, daylight for interior lighting,
or water heating.
[Added 8-10-2021 by Ord. No. 2021-09]
Also referred to as "solar air heat" or "solar furnace."
A solar energy system that includes a solar collector to provide direct
supplemental space heating by heating and recirculating conditioned
building air. The most efficient performance includes a solar collector
to preheat air or supplement building space heating, typically using
a vertically mounted collector on a south-facing wall.
[Added 8-10-2021 by Ord. No. 2021-09]
A system that includes a solar collector and a heat exchanger
that heats or preheats water for building heating systems or other
hot water needs, including residential domestic hot water and hot
water for commercial processes.
[Added 8-10-2021 by Ord. No. 2021-09]
Racking, frames, or other devices that allow the mounting
of a solar collector onto a roof surface or the ground.
[Added 8-10-2021 by Ord. No. 2021-09]
A view of the sun from a specific point on a lot or building
that is not obscured by any vegetation, building, or object for a
minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m.
standard time on all days of the year, and can be measured in annual
watts per square meter.
[Added 8-10-2021 by Ord. No. 2021-09]
A unit of government providing a single or few focused services
within its borders.
The vertical portion of a building between the floor surface
and the ceiling above and most proximate to said surface, and able
to accommodate normal human activity, to include any basement having
1/2 or more of its height above the land surface.
A map of a major land division (subdivision), prepared by a land surveyor in accordance with § 380-10 through 380-12 of the Land Division Ordinance, Sections 4.107, 4.112(1)(a), and 4.113(1)(a), County Land Division and Management Ordinance, and §§ 236.11 and 236.20, Wis. Stats., and submitted by an applicant in both a preliminary and final form.
The square feet of a building or other structure which covers
the ground or a surface water feature.
A river, lake, stream, or any other navigable water body
in accordance with § 30.10, Wis. Stats.
Any use of land, water, air, buildings, or other structures
with the duration of said use not to exceed one year.
Any ground- or roof-mounted pole, spire, structure, or combination
thereof with a height greater than 15 feet, including support lines,
cables, wires, braces, and masts intended primarily for the purpose
of mounting an antenna, meteorological device, wireless communication
infrastructure, or similar apparatus above grade, utilized for commercial
or governmental purposes.
The Town of Fulton, Rock County, Wisconsin, including the
Town Board, Town Plan Commission, Town Zoning Administrator, Town
Building Inspector, Town Board of Adjustment, Town Clerk, Town Attorney,
or any other party so designated by the Town Board.
Any use of land, water, air, buildings, or other structures not identified in Appendix A - Town Fulton - Permitted and Conditional Uses, as contained herein.[6]
Standards and requirements applicable to all land, water,
air, buildings, and other structures in a specified geographical area.
Any entity, whether publicly or privately owned, which provides
services to the general public, with said services including but not
limited to electricity, gas, telephone, water, sanitary sewer, and
television/internet cable.
A public or private right-of-way reserved for the location
of utility lines and other utility infrastructure.
A natural or historic environment that is visible from one
or more viewing points.
[Added 8-10-2021 by Ord. No. 2021-09]
Manure, milking center waste, and other organic waste generated
by a large livestock facility.
One or more waste storage structures to include stationary
equipment and piping used to load or unload a waste storage structure
if the equipment is specifically designed for that purpose and is
an integral part of the facility, not to include equipment used to
apply waste to land.
A waste storage impoundment made by constructing embankments,
excavating a pit or dugout, or fabricating a structure, not to include
any of the following:
Cropland or pasture where livestock feed on dormant vegetation
or crop residue, with or without supplementary feed, during the period
October 1 to April 30, not to include any of the following:
An area other than a pasture where livestock are kept during
the period from May 1 to September 30;
An area which at any time has an average of more than four livestock
animal units per acre;
An area from which livestock have unrestricted access to navigable
waters of the state, such that the livestock access prevents adequate
vegetative cover on banks adjoining the water;
An area in which manure deposited by livestock causes nutrient
levels to exceed standards in § ATCP 51.16, Wis. Adm. Code.
A structure and associated appurtenances whose primary purpose
is to harness wind energy for use on the same lot on which the structure
is located or a contiguous lot under common ownership, in accordance
with §§ 236.292, 700.41, and 844.22, Wis. Stats.
An unstaffed building and associated appurtenances whose
primary purpose is the transmission and reception of radio or microwave
signals used for commercial communications.
Lands comprising five acres or more of contiguous deciduous
and/or coniferous vegetation.
Any structure normally found in a yard that can be moved
with relative ease, including but not limited to tool houses, fences,
temporary above-ground pools, hard surface sport/play areas, play
equipment, arbor walks, steps, railings, terraces, trellises, pet
houses, birdhouses/feeders/baths, swing sets, sandboxes, compost storage,
sprinkler systems, landscape lighting, retaining walls, and clothes
lines, not to include any building or tower/antenna.
The Town of Fulton Zoning Administrator, a person designated
by the Board to administer and enforce specified provisions of this
chapter.
The Official Zoning Map, Town of Fulton, Wisconsin, a map
identifying the zoning district designation of all land and water
in the Town of Fulton and so adopted by the Town of Fulton Board.[7]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: The former definition of "new lot, residence,
farmstead residence, or agriculture," which immediately followed this
definition, was repealed 6-8-2021 by Ord. No. 2021-06.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
[5]
Editor's Note: The former definition of "solar power facility,"
which immediately followed this definition, was repealed 8-10-2021 by Ord. No. 2021-09.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
[7]
Editor's Note: The Zoning Map is on file in the Town offices.
