As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate structure, the use of which is incidental to
and customarily found in connection with the principal structure or
use of the property. Subject to more specific requirements and limitations
contained in the specific zoning districts, accessory residential
structures may include, but are not limited to, garages, carports,
sheds, barns, gazebos, boathouses, swimming pools and garden sheds.
Attached garages, attached carports and decks are considered part
of a residential structure, not an accessory structure or building.
Examples of accessory structures in the business districts and on
semipublic parcels include public restrooms and picnic shelters.
A use subordinate to and serving the principal use located
on the same lot and customarily incidental thereto. It must also be
subordinate in area, extent or purpose to the principal building or
use served. Accessory uses include, but are not limited to, family
day care, home occupations and seasonal roadside stand.
The farming, management, production and marketing of agricultural
commodities such as livestock and crops.
A facility used for the cooking, dehydrating, refining, bottling,
canning, or other treatment of agricultural products which changes
the naturally grown product for consumer use. Does not include slaughterhouses,
animal reduction yards, tallow works, or rendering plants. May include
warehousing and packaging as secondary uses. Warehousing may include
controlled atmosphere and cold storage of processed and/or packaged
agricultural products. Packaging may include washing, sorting, crating,
and other functional operations such as drying, field crushing or
other preparation in which the agricultural product remains essentially
unaltered.
Any of the following activities conducted for the purpose
of an income or livelihood: crop or forage production, keeping livestock,
beekeeping, wholesale nursery, sod or Christmas tree production, floriculture,
aquaculture, fur farming, forest management, or enrolling land in
a federal agricultural commodity payment program or a federal or state
agricultural land conservation payment program.
As defined by § NR 243.05, Wis. Adm. Code. "Animal
unit" means a unit of measure used to determine the total number of
single animal types or combinations of animal types.
Manure, milking center waste and other organic waste generated
by livestock, farm animals, or any number combination of animal units
or portions thereof. It includes animal bedding, water, soil, hair,
feathers and other debris that becomes intermingled with animal excreta
in normal waste handling operations.
One or more animal waste storage structures used for temporary
storage of animal waste, including stationary equipment and piping
used to load and unload an animal waste storage structure if the equipment
is specifically designed for that purpose and is an integral part
of the facility. It does not include equipment used to apply animal
waste to land or animal waste that is confined within an animal housing
structure. Does not include off-site waste storage facilities or waste
digester.
Any device or equipment used for the transmission or reception
of electromagnetic waves, which may include an omnidirectional antenna
(rod), a directional antenna (panel) or a parabolic antenna (disc).
A portion of a residential or commercial building used as
a separate dwelling unit.
See "dwelling, multiple-family."
The rearing of aquatic animals or the cultivation of aquatic
plants for food. Using normal aquaculture activities as defined in
Wis. Stats., § 281.36.
A public road or highway that provides for rapid movement
of high volumes of traffic between areas. Their function is to conduct
traffic between communities and activity centers and to connect communities
to major state and interstate highways.
An establishment for the preparation, display, and sale of
crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft,
hand-woven articles, photographs, paintings and other articles of
artistic quality or handmade workmanship.
A building or portion thereof whose principal use is for
the repair, servicing, equipping, or maintenance of motor vehicles,
motor vehicle components, boats and other marine vehicles, that may
require overnight outdoor storage of vehicles awaiting or under repair,
if screened in compliance with all applicable regulations.
A daytime retail operation wherein the sale, installation,
and/or inspection of tires, batteries, brakes and other related minor
parts or accessories is carried on; specifically intended to exclude
major automotive and marine repair and overnight outdoor storage of
vehicles awaiting or under repair.
Repairs, incidental body and fender work, replacement of
parts and motor services, towing and steam cleaning to passenger automobiles
and trucks not exceeding 12,000 pounds gross weight.
A hood or cover which projects from the wall of the building,
which may be retracted, folded or collapsed against the face of a
supporting structure. Awnings are not projected signs.
That portion of the building which is partly or wholly below
grade but so located that the vertical distance from the average grade
to the floor is greater than the vertical distance from the average
grade to the ceiling. A basement shall not be counted as a story.
A place of lodging for transient guests that is the owner's
personal residence that is occupied by the owner at the time of rental,
and in which the only meal served to guests is breakfast.
Beekeeping for the purpose of an income or livelihood (also
known as "apiculture"). "Beekeeping" means the maintenance of bee
colonies in hives. "Bee" means any stage of the common domestic honey
bee, Apis mellifera species. "Hive" means a structure for the housing
of a bee colony. Hives are typically a series of boxes stacked one
on top of the other.
The Town of St. Joseph Board of Appeals.
A building other than a hotel or motel where meals or lodging
and meals are served for compensation for not more than six persons.
Undeveloped area(s) in any major subdivision that cannot
be further subdivided and is/are owned in common by the owners of
the subdivision lots and where the primary purpose is to separate
residential areas from areas being preserved for agricultural uses.
Buffer spaces also serve as open space.
A structure used, designed or intended for the protection,
shelter, enclosure or support of a person, animals or property.
Any changes or rearrangement of the supporting members such
as bearing walls, beams, columns or girders of a building, an addition
to a building or movement of a building from one location to another.
The percentage of the lot area that is covered by the building
area, which includes the total horizontal area when viewed in a plan.
A line measured across the width of a lot at that point where
the principal structure is placed in accordance with setback provisions.
An establishment for the sale of materials customarily used
in the construction of buildings and other structures, without any
outside storage or display of materials or merchandise.
A solar energy system that is an integral part of a principal
or accessory structure, 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.
A wireless communication service facility that is disguised,
hidden or screened, but remains recognizable as a tower or antenna.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
or travel trailer, motor home, bus, van, pickup truck, tent or other
mobile recreational vehicle.
A shelter, with or without a sign, attached to or connected
with a building and extending into a setback or over the public sidewalks.
Canopies are not projecting signs.
A line connecting the points on highways from which setback
distances shall be measured, at any point on the highway.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
A facility licensed as a day-care center by the State Department
of Children and Families under Wis. Stats., § 48.65, where
a person or persons provide for nine or more children. It includes
preschools and nursery schools.
A building together with its accessory structures where people
regularly assemble for religious worship and which building(s) is
maintained and controlled by a religious body organized to sustain
public worship.
A building used by a group of physicians, chiropractors,
dentists or similar professionals for the medical examination or treatment
of persons on an outpatient or nonboarding basis only.
An association of persons for some common purpose but not
including any groups or organized primarily to render a service which
is customarily carried on as a business.
A type of business activity that distributes goods or provides
services with intention to make a profit, but does not involve the
manufacturing, processing or production of goods.
The Town of St. Joseph Plan Commission.
A public facility where members of a community gather for
group activities, social support, public information and other purposes.
Facilities may be open for the whole community or for a specialized
group within the greater community.
A single parcel of land gardened collectively by a group
of people. Community gardens utilize either individual or shared plots
on private or public land while producing fruit, vegetables, and/or
plants grown for their attractive appearance, community improvement,
physical or mental well-being of community members, or land conservation.
Community and other living arrangements; the following facilities
licensed or operated or permitted under the authority of Wisconsin
Statutes: community living arrangement for adults, as defined in Wis.
Stats., § 46.03(22); a community living arrangement for
children as defined in Wis. Stats., § 48.743(1); a foster
home, as defined in Wis. Stats., § 48.02(6); or an adult
family home as defined in Wis. Stats., § 50.01(1). The establishment
of a community living arrangement shall be in conformity with applicable
sections of the Wisconsin Statutes, including Wis. Stats., §§ 46.03(22)
and 62.23(7)(i), and amendments thereto, and also the Wisconsin Administrative
Code.
A commercial solar-electric (photovoltaic) array that provides
retail electric power (or a financial proxy for retail power) to multiple
community households or businesses residing or located off-site from
the location of the solar energy system; however, within the Township.
A community solar system may be either an accessory or a principal
use.
An area of land managed and maintained by an individual or
group of individuals to grow and harvest food and/or horticultural
products for shareholder consumption or for sale or donation. This
does not include a personal garden.
A use of land, water or building which is allowable only
after review, public hearing and recommendation by the Plan Commission
and after the Town Board, under conditions specified in this chapter,
has determined that the applicable conditions specified in this chapter
have been met and has created any additional site- or operation-specific
conditions as are necessary for public and neighborhood health, safety
and welfare.
A residential, commercial or industrial building and property
subject to condominium declaration as established under Wis. Stats.,
Ch. 703.
Planned management of a natural resource to prevent exploitation,
destruction, or neglect.
Defines and separates human activity from that of wildlife
or natural habitats in a pattern without fragmentation that accommodates
movement between regions. Often bordered by recreational greenways
that provide transition to human activity in a manner that heightens
awareness to and appreciation of environmentally sensitive areas.
As provided in Wis. Stats., § 700.40, a holder's
nonpossessory interest in real property imposing any limitations or
affirmative obligations the purposes of which include permanently
retaining or protecting natural, scenic or open space values of real
property, permanently assuring the availability of real property for
agricultural, forest, recreational or open space use, permanently
protecting natural resources, maintaining or enhancing air or water
quality, preserving a burial site as defined in Wis. Stats., § 157.70(1)(b),
or permanently preserving the historical, architectural, archaeological
or cultural aspects of real property.
The outdoor portion of a lot or parcel, where a construction
or service contractor maintains a permanent business office, that
is used to store and maintain construction or service equipment and
other materials customarily used by the construction or service contractor.
If used in this manner, the entire lot or parcel would then be classified
as a contractor's storage yard and will be required to conform
to all applicable zoning district standards and regulations.
A facility associated with the sale of gasoline products
that also offers for sale prepackaged food items and consumer goods,
primarily for self-service by the consumer. Hot beverages, fountain-type
beverages and pastries may be included in the food items offered for
sale.
Cultivated plants including but not limited to field crops
such as corn, wheat, oats, barley, hay, potatoes and dry beans; fruits
such as apples, grapes, cranberries, cherries and berries; vegetables
such as tomatoes, sweet corn, carrots and squash; plants raised for
culinary, medicinal or aesthetic purposes such as flowers, herbs,
spices, ornamental shrubs and trees and ginseng; plants raised for
energy production such as switch-grass; and plants raised for textile
use, such as cotton or bamboo. "Forage" means bulky food for animals
when taken by browsing or grazing.
A dead-end road with a circular turnaround at the end for
vehicular use.
Relating to the arts and intellectual achievements, often
characteristic of a particular group of people and their habits, traditions
and beliefs.
A day program that provides the elderly and other adults
with day services.
A place or home which provides care for no more than eight
children for less than 24 hours a day and is licensed as provided
for in Wis. Stats., § 48.65.
Retail sales, lease and/or rental of ATV, UTV, farm vehicles,
personal watercraft, boats and related trailers. May include such
vehicles for repair, distribution or storage.
An unenclosed exterior structure that has no roof or sides,
but has a permeable floor. An attached deck is part of the structure
to which it is attached. An unattached deck is an accessory structure.
The acreage to dwelling unit ratio used to calculate the
maximum number of dwelling units allowed under the Town's Subdivision
Ordinance in an area for which subdivision is planned and based on
the zoning classifications of land.
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
A facility for the manufacture or rectification of intoxicating
liquors, as defined in Wis. Stats., § 125.02, and associated
authorized activities, as described in Wis. Stats., § 125.52.
Parcels or sections of the Town of St. Joseph, for which
the regulations governing the use of land and buildings are uniform.
Structures extending into the water to facilitate the launching
or mooring of watercraft or for fishing during the open water season.
An establishment consisting of a movie screen, projection
booth, concession stand and parking lot with the purpose of showing
movies to customers who view them from their parked car.
Access provided to one or two lots only from the edge of
the traveled road surface of a public road to a private building or
to privately owned property upon which a building will be located.
Driveways must be designed and constructed to the standards of Plate
RD-08 (Residential Driveway - single) and RD-09 (Residential Driveway
- Double) and RD-19 (Commercial Driveway) standards.
An establishment that is principally engaged in retailing
prescription or nonprescription drugs and medicines. These establishments
may also sell candies, food products, cosmetics and household items
incidental to their principal business.
A structure, or that part of a structure, which is used or
intended to be used as a home, residence or sleeping place by one
person or by two or more persons maintaining a common household to
the exclusion of all others.
A building or portions thereof designed for and used by more
than two families. Classification of a residential structure shall
be determined by its present or projected occupancy and design and
not by the characteristics of ownership and tenancy such as condominium
arrangements. Examples include apartment buildings, townhouses, rowhouses,
and triplexes.
A secondary dwelling unit, subordinate to a principal one-family
dwelling, within or attached to a one-family dwelling or in a detached
accessory building on the same zoning lot, with the property owner
of record occupying either the principal dwelling unit or the accessory
dwelling unit as their permanent and principal residence. These are
prohibited in the St. Croix County Riverway District.
A detached dwelling designed for or occupied exclusively
by one family.
A building owned by a single entity designed for two separate
dwelling units, each occupied exclusively by separate families.
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface, or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants but not including buildings.
Any animal, fowl, insect, or reptile that is not normally
domesticated in Wisconsin or is inherently wild by nature.
An addition to an existing structure regardless of whether
the addition is vertical or horizontal or both.
One or more persons who live together in one dwelling unit
as a single housekeeping entity.
All contiguous land under common ownership that is over 50%
devoted to agricultural use per the St. Croix County tax assessment
records.
Outdoor marketplace intended to sell homegrown produce and
value-added products directly from farmers to consumers. An area containing
individual vendors who offer fruits, vegetables, herbs, spices, edible
seeds, nuts, live plants, flowers, and honey for sale. This definition
does include the sale of meat, fish, poultry, eggs, refrigerated dairy
products, or home canned or packaged items when the proper health
rules and regulations are followed and/or health permit obtained.
[See Section 106.05.03(c), Farmers market, temporary, for regulations.[1]]
An exhibition, sale or event that is accessory to a farm
or agricultural use, or that directly promotes the Town's agricultural
economy. Examples include auctions, dairy breakfasts, exhibition of
farm machinery and technology, agricultural association meetings and
similar activities but not to exceed five calendar days per calendar
year. This use must comply with Wis. Stats., § 91.01(1).
An access to a field regularly used only for agricultural
purposes or to access agricultural land.
The area within the exterior wall lines of a building, provided
that the floor area of a dwelling shall not include space not usable
for living quarters, such as attics, unfinished basements or utility
rooms, garages, breezeways, unenclosed porches or terraces.
Floriculture conducted for the purpose of an income or livelihood.
"Floriculture" means an establishment engaged in the production of
field-grown or greenhouse-grown plants for their flowers or showy
leaves.
The areas of land that are covered by a structure at ground
level, measured on a horizontal plane. The footprint of a structure
includes cantilevered or pier-supported horizontal expansions or similar
expansions that enlarge the area of the structure without using a
ground-level foundation.
Forest management for the purpose of an income or livelihood.
"Forest management" means establishments that grow and harvest timber
on a production cycle of at least 10 years and that specialize in
various stages of the production cycle, including reforestation, timber
production, and timber harvesting. "Reforestation" means the production
of seedlings in specialized nurseries. "Timber production" means the
maintenance of natural forest or growing timber on areas of land that
are available for the entire production cycle. "Timber" means the
use of specialized machinery to gather forest products, such as timber,
gums, barks, balsam needles, rhizomes, fibers, Spanish moss and ginseng
and truffles. Examples include timber tract operations, logging, and
forest nurseries (growing trees for reforestation and gathering forest
products).
An establishment that is required by contractual or other
arrangements to maintain any one or more of the following standardized
features which causes it to be substantially identical to 10 or more
other businesses located within the United States, regardless of the
ownership of those businesses: name; if food is served, menu, ingredients,
food preparation or presentation format; decor; employee uniforms;
trademark; logo; symbol; architectural design; signage; color scheme;
or any other similar standardized features. "Formula business" does
not include grocery stores; drugstores and pharmacies; convenience
stores; hardware stores; gas stations; and businesses primarily providing
services rather than goods for sale, including but not limited to
banks and credit unions, movie theaters, entertainment and recreation
services, mailing services and vehicle and equipment rental.
A dwelling that is the primary domicile of a foster parent
who is licensed under Wis. Stats., § 48.62, or a dwelling
that has been certified as an adult family home under Wis. Stats.,
§ 50.032(1m)(b).
The underlying base of building or other structure, including,
but not limited to, pillars, footings and concrete and masonry walls.
A distinct architectural building style and/or elements commonly
employed by a fast-food or other retail franchise, that serves to
enhance or promote brand identity through visual recognition.
All of the property abutting on one side of a roadway measured
along the road between intersecting roads.
An establishment primarily engaged in preparing the dead
for burial or interment and conducting funerals.
The practice of breeding or raising certain types of animals
for their fur, such as mink, chinchilla, fox and rabbit.
An accessory building or portion of a main building designed
or used solely for the storage of motor-driven vehicles, boats and
similar vehicles owned and used by the occupants of the building to
which it is accessory.
Any commercial premises used for the storage or care of motor-driven
vehicles for the general public or where any such vehicles are equipped
for operation, repaired or kept for remuneration, hire or sale.
A place of business where retail and wholesale products and
produce are sold to the consumer. These centers, which may include
a nursery and/or greenhouses, import most of the items sold, and may
include plants, nursery products and stock, potting soil, hardware,
power equipment and machinery and gardening tools.
A tract of land laid out with at least nine holes for playing
a game of golf and improved with tees, greens, fairways, and hazards.
A golf course may include a clubhouse which may include dining, social
events and gatherings and other recreational facilities and shelters
as accessory uses. Golf courses may provide golf equipment rental
and golf instruction services.
A building or land area not otherwise defined in this chapter,
that:
Is used to administer, oversee, or manage public programs exercising
executive, legislative, or judicial authority; or
Nonprofit and civic functions described in 26 U.S.C. § 501(c)
such as grantmaking, charitable trusts or fund-raising, social or
political advocacy, preservation and protection of the environment
and wildlife, promoting the civic and social interests of a nonprofit
organization, or promoting public or professional interests such as
business associations, professional organizations, labor unions, and
political organizations;
Provides meeting spaces for the general public or a neighborhood,
such as a meeting hall, community center, or exhibition hall. IBC
Reference: courtrooms, civic administration, and exhibition halls.
The ground elevation established for the purpose of regulating
the number of stories and the height of buildings. The building grade
shall be the level of the ground adjacent to the walls of the building
if the finished grade is level. If the ground is not entirely level,
the average grade shall be determined by averaging the elevation of
the ground of the highest and lowest grades adjacent to the building.
A temporary or permanent accessory structure typically made
of, but not limited to, glass, plastic or fiberglass in which plants
are cultivated.
A facility that may include the outside display of plants
offered for sale when such display is located behind the front yard
line established in the district in which the nursery or greenhouse
is located.
A conservation corridor maintained in its natural condition
to minimize the adverse effects of development on sensitive environmental
resources such as wetlands, floodplains, and steep slopes; limit disturbance
to natural or cultural features such as mature woodlands, hedgerows
and tree lines; preserve critical wildlife habitats; provide use as
alternative transit and recreational trails between neighborhoods
and communities in a transitional manner that heightens awareness
to and appreciation of the environmental resources.
A solar energy system mounted on a rack or pole that rests
or is attached to the ground. Ground-mount systems can be either accessory
or principal uses.
A facility designed to fit into the community to provide
living quarters and services for individuals of medical or social
needs and to be staffed by qualified professionals pursuant to Wis.
Stats., § 48.60, foster homes, and Wis. Stats., §§ 46.03(22)
and 62.23(7)(i), community and other living arrangements.
A building or portion of a building used by a gymnast, dancer,
or martial artist for practice or for instructional classes in gymnastics,
dance, or martial arts and similar activities.
Commercial or industrial zoning area on which is located
building footprint(s), delivery area(s), new interior service road(s),
parking lot(s), unloading and loading facilities and outdoor storage.
The use of machinery to reap the fruit and/or seed produced
by wild plants on undeveloped public and/or private land. Unlike agriculture
— crop or forage production, harvesting of wild crops does not
involve buildings or structures, or the use of seeds or fertilizers
to propagate plant growth.
A facility which promotes physical fitness, weight control,
exercise, and personal improvement that may also include massage or
bathing.
A system of care provided by skilled practitioners to patients
in their homes under the direction of a physician. Services include
nursing, occupational therapy, speech-language therapy and medical
social services.
A business or commercial activity conducted on property zoned
for Traditional Residential, Preservation Residential, and Agricultural
and Rural Residential. Home occupations are categorized as major or
minor.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and where there is no permanent
occupancy of any unit other than by the owner or the owner's
employees.
Domestic animals, commonly found in residences, kept as pets
and not raised for commercial resale, including dogs, cats, birds
and other small animals.
Any structure, surface or improvement that reduces and/or
prevents absorption of stormwater into land. Porous paving, paver
blocks, gravel, crushed stone, crushed shell, elevated structures
(including boardwalks), and other similar structures, surfaces or
improvements are considered impervious cover. Grass, lawns or any
other vegetation are not considered impervious cover.
A use inside a building including repair and service of small
motors, such as lawn mowers, washing machines, sewing machines, jet
ski, four wheelers and small equipment such as guns, chain saws, shoes,
etc.
A building used for indoor recreation, including but not
limited to tennis, racquetball, driving ranges, batting cages, curling,
dance schools, ice arenas, pool hall and health club.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including research,
development, processing, fabrication, assembly, packaging, incidental
storage, sales and distribution of such products, but excluding basic
industrial processing, and which activities are conducted wholly within
an enclosed building. Light industry, as opposed to heavy industry,
is more consumer-oriented than business-oriented.
Where people work separately or collaboratively under one
roof as a free public service or as paid service with or without access
to materials, spaces or equipment such as internet, offices or specialized
machinery. May include business incubators, commissary kitchens, artist
markets and other similar industries. May also include "makerspace"
for education, prototyping and service to individuals, inventors,
and startups with short-term, low-production manufacturing needs.
A use including but not limited to government building, library,
and public or private charter school.
A facility that enables interaction between faculty, scholars,
students and industry to enhance research opportunities, academic
excellence, real-world problem-solving, knowledge creation and knowledge
dissemination. Branches of historic, natural and social sciences deal
with the physical world, society, relationships and past events.
An open space where junk, waste, used or secondhand materials
are bought, sold, exchanged, stored, baled, packed, disassembled or
handled, including, but not limited to, scrap iron and other metals,
paper, rags, rubber, tires and bottles. A "junkyard" also includes
an auto wrecking yard, but does not include uses conducted entirely
within enclosed buildings.
Keeping livestock (other than livestock facilities) for the
purpose of an income or livelihood.
An establishment, structure or premises open to the public
and/or operated with intent of making a profit where more than a certain
number of dogs or cats that are six months of age or older are kept,
that the number being determined by the size of the lot on which the
establishment, structure or premises is located, and where said dogs,
or any of them, are bred and raised for sale, boarded, groomed and/or
trained as a service.
A subdivision, minor subdivision, major subdivision, resubdivision
or replat.
A landscape supply business offers landscaping materials,
tools and plants for commercial and residential applications. The
landscaping and contracting business is a profession that involves
the art and technology of landscape and garden project planning, construction
and landscape management, and maintenance and gardening; for garden
aesthetics, human enjoyment and safety, and ecosystem-plant community
sustainability.
A long-term care option for older people who want to stay
in the same place through different phases of the aging process. These
services offer different types of housing and care levels based on
a senior's needs and how they change, including living independently,
assisted living, and skilled nursing.
Establishments primarily engaged in selling, or offering
for sale, alcohol beverages to persons not holding a permit or a license
under Wis. Stats., Ch. 125.
A structure that combines work space with living quarters.
Intended for use by entrepreneurs and professional occupations including,
but not limited to, accountants, architects, artists and artisans,
attorneys, multimedia-related professionals, consultants, engineers,
travel agents, tutors, photographers, and designers.
Bovine animals, equine animals, goats, poultry, sheep, swine,
farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised
fish.
A feedlot, dairy farm or other operation where livestock
are or will be fed, confined, maintained or stabled for a total of
45 days or more in any twelve-month period. A "livestock facility"
includes all of the tax parcels of land on which the facility is located,
but does not 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.
See Ch. ATCP 51, Wis. Adm. Code.
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. "Livestock structure" includes
a barn, milking parlor, feed storage facility, feeding facility, animal
lot or waste storage facility. "Livestock structure" does not 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. See § ATCP 51.01, Wis. Adm.
Code.
Belonging to a specific town or neighborhood.
A parcel of land numbered in sequence with other parcels
shown on a plat or certified survey map.
The peripheral boundaries of a lot and the total area lying
within such boundaries.
The width of the lot as measured at the average distance
between the side lot lines and the setback lines.
A roof-like structure of permanent nature which projects
from the wall of a building, generally designed and constructed to
provide protection from the weather.
A use that provides ambulatory, outpatient or inpatient medical
care, including but not limited to health maintenance, diagnosis,
therapy or treatment of disease, pain, injury, deformity, mental illness
and addiction.
Action taken to minimize the adverse impacts of development.
Mitigation includes but is not limited to the installation of vegetative
buffers, removal of nonconforming structures from setback areas and
implementation of best management practices for erosion control and
stormwater management.
A dwelling that is built in a factory, but does not comply
with HUD standards and is not a modular home. This includes any "mobile
home" as defined by Wis. Stats., § 101.91.
Any area or tract of land designed for the installation of
mobile homes on spaces or lots offered for lease or rent, together
with necessary accessory buildings, driveways, walks, screening and
other required adjuncts.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment, that is necessary to provide mobile service
to a discrete geographic area, but does not include the underlying
support structure.
Class 1 co-location: the placement of a new mobile servicer
facility on an existing support structure such that the owner of the
facility does not need to construct a freestanding support structure
for the facility but does need to engage in substantial modification.
Class 2 co-location: the placement of a new mobile service facility
on an existing support structure such that the owner of the facility
does not need to construct a freestanding support structure for the
facility or engage in substantial modification.
A freestanding structure that is designed to support a mobile
service facility.
Includes, but not limited to, any addition, alteration, rebuilding
or replacement of any existing building, accessory structure or accessory
use.
A dwelling that is built in a factory, conforms to standards
set forth in the Wisconsin Uniform Dwelling Code, composed of components
substantially assembled in a manufacturing plant and transported to
the building site for final assembly on a permanent foundation.
Any passenger vehicle, truck-trailer, trailer or semitrailer
propelled or drawn by mechanical power.
A building that serves as a repository for a collection of
natural, scientific, artistic, or literary objects of interest, and
designed to be used for viewing, with or without an admission charge,
and which may include as an accessory use in the sale of goods related
to the collection.
A geographical area having a physical and cultural individuality
developed through undisturbed and natural growth rather than design
or planning. A natural area may include restored and managed landscapes
contributing to the area's ecological, scientific or educational
value, but does not include maintained lawns or areas landscaped with
nonnative herbaceous plants.
The area of a lot minus slope preservation zones, floodplains,
road right-of-way and wetlands. Net project area need not be contiguous.
One which was established and maintained prior to the effective
date of this chapter but is no longer allowed because of the application
of this chapter or any amendment hereto.
A legally created and recorded lot existing on the effective
date of this chapter or amendment to it and that does not comply with
the area-based or spatial requirements for the zoning district in
which it is located, or where the footprint of any structure on the
lot does not comply with the area-based or spatial requirements for
the zoning district in which it is located.
A structure that existed lawfully on the effective date of
this chapter or amendment to it and that does not conform to spatial
or area-based regulation for the zoning district in which it is located
or otherwise created by this chapter or by a later amendment such
as regulations determining setbacks, height and lot coverage.
A use of land, a dwelling or a building that existed lawfully
on the effective date of this chapter or amendment to it and that
does not conform to the use restrictions for the zoning district in
which it is located or as otherwise created by this chapter or by
later amendment(s).
An establishment that retails books, newspapers, magazines,
stationery, school and office supplies, novelty merchandise, souvenirs,
greeting cards, seasonal and holiday decorations, curios, sheet music,
prerecorded audio and video tapes, compact discs and phonograph records.
The on-site propagation and growing of plants, shrubs, trees,
or vines. Products raised on-site may be sold on-site. Retail sales
of any other products are not allowed. Garden centers are not included.
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically or mentally incapable
of caring for their own personal needs.
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.
A building used as the place of business for a recognized
professional (such as a doctor of medicine or dentistry, practitioner,
minister, architect, landscape architect, professional engineer, lawyer,
author, musician) or to conduct the affairs of a business, profession,
service industry, or government where goods are not sold at retail
from the premises.
Open, undeveloped land including areas for natural resource
protection, scenic preservation, wildlife and forest management, buffer
space, and dedicated passive recreation.
Agriculture-based outdoor entertainment and education, such
as rural craft vendors and immersive experiences that promote local
farms, arts and culture on land with minimal building structures.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation or other easily recognized characteristics.
Any work done on a nonconforming structure that does not
constitute expansion, structural alteration or reconstruction and
does not involve the replacement, alteration or improvement of any
portion of the structure's foundation.
A use including but not limited to athletic fields, sport
courts, miniature golf, batting cages, driving range, paintball and
go-cart tracks.
A lot remnant or parcel of land within a plat remaining after
platting which is intended for other use than development. An outlot
shall not be developed for any use or structure that requires a POWTS
(private on-site waste treatment system).
Contiguous land under single ownership not separated by public
roads or rights-of-way. Creation of private or public roads after
April 19, 1991, does not create separate parcels eligible for treatment
under the minor subdivision provisions of this chapter.
An area of land kept largely in a natural state for the rest,
recreation and enjoyment of the public. Often owned, set apart and
managed by a city, state or nation, a park may include facilities
to meet the basic needs of its users, including restrooms, informational
kiosks, play areas, parking spaces and shelters.
A lot where automobiles are parked or stored temporarily
but not including the wrecking of automobiles or other vehicles or
storage for the purpose of repair or wrecking.
An area of definite length and width, exclusive of drives,
aisles or entrances giving access thereto and fully accessible for
the parking of permitted vehicles.
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.
Also called "impact zoning" or "flexible zoning," performance
zoning establishes specific standards within zoning districts to regulate
the design and location of a use based on the characteristics of a
particular site to support development and impacts on the community.
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations
and standards of such districts.
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
The Town of St. Joseph Plan Commission.
The area of a principal structure, with a roof over it, providing
access to a building.
Any building used routinely for the daytime care and education
of preschool-age children, other than the child's own home or
the homes of relatives or guardians, and including all necessary buildings
and play areas.
The primary purpose for which a lot or parcel is used.
The boundary lines of a lot or parcel.
Government establishments primarily engaged in criminal and
law enforcement, police, traffic safety, firefighting, related fire
protection activities, and other activities related to enforcement
of the law and preservation of order.
Those utilities that use underground or overhead transmission
lines, such as electric, telephone, telegraph and fiber optic, and
distribution and collection systems such as water, sanitary sewer
and stormwater.
Any sidewalk, roadway, alley, highway or other public thoroughfare.
The removal of nonmetallic mineral aggregates, topsoil or
other natural materials from the earth by excavation, stripping or
any other process.
The hosting of private parties or meetings, and/or gatherings
with limited public availability by specific invitation or advance
reservation, where food prepared off-site or by permit is served by
a licensed provider.
The replacement of all or substantially all of the components
of a structure other than the foundation.
Equipment sales, rentals, and guidance services related to
outdoor recreation, including fishing, camping, biking and similar.
Low-intensity recreation activities which have limited noise
and light impacts and are minimally disruptive to the natural environment.
For the purposes of this chapter, "passive recreation" includes, but
is not limited to, walking, hiking, canoeing, viewing, and nature
study. Passive recreation is nonmotorized activity. A passive recreation
area is also generally an undeveloped space or environmentally sensitive
area that requires minimal development. Entities such as a parks department
may maintain passive recreation areas for the health and well-being
of the public and for the preservation of wildlife and the environment.
The quality of the environment and "naturalness" of an area is the
focus of the recreational experience in a passive recreation area.
Passive recreation may also be defined as a nonmotorized activity
that:
Offers constructive, restorative, and pleasurable human benefits
and fosters appreciation and understanding of open space and its purpose.
Is compatible with other passive recreation uses.
Does not significantly impact natural, cultural, scientific,
or agricultural values.
Requires only minimal visitor facilities and services directly
related to safety and minimizes passive recreation impacts.
A solar energy or wind energy system. Renewable energy systems
do not include passive systems that serve a dual function, such as
a greenhouse or window.
A property where dwelling units for personal residences are
allowed as the principal use including accessory structures and uses.
An establishment primarily engaged in providing food services
to patrons who order and are served while seated and pay after eating
(sit-down restaurant), or providing food through a drive-through window
inside the building for consumption off the premises (carry-out restaurant
or drive-through restaurant). Sit-down restaurants may provide this
type of food service to patrons in combination with selling alcoholic
beverages or presenting live entertainment.
The provision of goods and/or services such as cards or gifts,
clothing, video games, lumber or building supplies, hardware, sports
equipment, general merchandise, etc.
Public roads within the Town of St. Joseph which have been
accepted by the Town as public roads and are maintained solely by
the Town, and does not include federal highways, state or county highways
and existing private access roads. All current roadways designated
by the Town Board on the Town's Transportation Plan as "collector,"
"subcollector" or "access" shall only be changed by order of the Town
Board.
A structure not permanently fixed to the ground, readily
removable in its entirety, not fully enclosed and to be used solely
for the sale of locally grown produced or created products.
The final exterior slope of a building roof calculated by
the rise over the run, typically but not exclusively expressed in
twelfths such as 3/12, 9/12, 12/12.
A solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use. Roof installations are allowed in the Town of St. Joseph and do not need to conform to the roofline expression and concealing rooftop equipment outlined in Chapter 81, Design Regulations. [See § 81-3B(6), Roofline expression and concealing rooftop equipment.]
An institution with a private educational program that meets
all of the criteria under Wis. Stats., § 118.165(1), or
is determined to be a private school by the state superintendent under
Wis. Stats., § 118.167.
An elementary, intermediate or secondary school that offers
regular instruction capable of meeting the requirements of state compulsory
education laws, operating at least five days a week for a normal school
year and supported by public funds, not including colleges or other
institutions of higher learning.
A solid fence at least six feet high or planted vegetative
belt at least 15 feet wide and at least six feet high.
Temporary display and sale of items customarily associated
with a particular season, such as Christmas trees, holiday decorations,
firewood, pumpkins, or any other similar product for sale during a
recognized holiday.
Temporary storage of items customarily associated with a
particular season, such as boats, snowmobiles, RVs, campers, or any
other similar seasonal items.
Indoor storage of customer's items within partitioned
buildings with individual access to each partitioned area.
Contractors engaged in providing property maintenance services,
including but not limited to lawn, pool and garden care, snow plowing
and removal, and tree trimming and removal.
Any building, structure, premises or place used for the dispensing,
sale or offering for sale of any motor fuel, or oils, having fuel
pumps and storage tanks, also where battery, tire, polishing, greasing,
washing, cleaning and similar services are rendered, but not including
buildings or premises where such business is incidental to the conduct
of a public garage used for the repair or storage of vehicles. A service
station may also include a convenience store which is used for dispensing,
sale or offering for sale of groceries, food, and other general retail
merchandise.
The minimum horizontal distance between a structure and the
road, side or rear lot lines, OHWM or bluff line.
An establishment primarily engaged in providing inpatient
nursing and rehabilitative services, with permanent core staff of
registered or licensed practical nurses who provide nursing and continuous
personal care services. Examples include convalescent homes, nursing
homes, assisted-living facilities for the elderly with nursing care,
rest homes with nursing care and inpatient care hospices.
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.
The authority to restrict systems is limited by Wisconsin
state law, Wis. Stats., § 66.0401. This is noted in the
state statute and should be replicated in municipal zoning. The Town
of St. Joseph zoning meets the minimum requirements of the state statute
so residents have full access to install solar throughout the Township.
An accessory system or device that is roof-mounted or ground-mounted
with poles or racks used to collect radiant energy directly from the
sun for use in a solar collector's energy transformation process.
A device, structure or part of a device or structure a substantial
purpose of which is to transform solar energy into thermal, mechanical,
chemical or electrical energy. (Source: Wis. Stats., §§ 66.0401
to 66.0403.)
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. Collector
surface does not include frames, supports and mounting hardware.
Radiant energy received from the sun. [Source: Wis. Stats.,
§ 13.48(2)(h)1f.]
Equipment which directly converts and then transfers or stores
solar energy into usable forms of thermal or electrical energy. [Source:
Wis. Stats., § 13.48(2)(h)1g.]
Roof-mounted or ground-mounted solar collectors associated
only with single-family residential dwellings.
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.
The replacement or alteration of one or more of the structural
components of any of a structure's exterior walls.
Any part of the framework of a building or other structure.
The structural components of a building's exterior walls include
the vertical studs, top and bottom plates, and window and door sills
and headers. A structural component may be non-load-bearing, such
as the framework of a wall at the gable end of a one-story house.
Wall coverings, such as siding on the exterior and drywall on the
interior, are not included in the definition of "structural component."
Any man-made object with form, shape and utility, that is
constructed or otherwise erected, attached to or permanently or temporarily
placed upon the ground, a riverbed, streambed or lakebed or upon another
structure. The term "structure" includes swimming pools, hot tubs,
patios, decks and retaining walls, but does not include landscaping
or earthwork such as graded areas, filled areas, ditches, berms or
earthen terraces. The term "structure" does not include small objects
that are easily moved by hand, such as lawn chairs, portable grills,
portable picnic tables, bird feeders, birdbaths and birdhouses.
The vertical distance from the average ground elevation to
the highest point of a flat roof, to the deckline of a mansard roof
or to the average height of the highest gable of a gambrel, hip or
pitched roof. This measurement shall exclude chimneys.
The primary structure on a lot utilized for the property's
principal use. The term "principal structure" includes attached porches,
attached decks and attached garages.
The primary residential structure that serves a single family
or a platted residential lot, notwithstanding that a single family
may have more than one building on the lot for that family's
residential use.
The division of land into lots, parcels or tracts by the
owner for the purpose of building development or transfer of ownership
where the act of division creates one or more new lots or building
sites that are 35 acres or less.
The organizing principle for meeting human development goals
while simultaneously sustaining the ability of natural systems to
provide the natural resources and ecosystem services based upon which
the economy and society depend. The four pillars of sustainable communities
are often defined by social, environmental, economic and cultural
indices.
A building or part of a building open to the public, where
alcoholic beverages are sold at retail for consumption on the premises.
A trailer, van, mobile home, recreational vehicle, tent,
bus, truck, automobile or similar apparatus for residential purposes,
temporary or permanent, for temporary occupancy pending construction
of a permanent dwelling.
The Town Board of the Town of St. Joseph, St. Croix County,
Wisconsin.
A commercial zoning district that contains elements of traditional
community centers with a mixture of retail, restaurants, service providers
and entertainment, planned to create a "sense of place" for Town residents.
A multiple-family dwelling structure. Townhomes allow several
single-entry, single-family dwelling units with common vertical walls
to be constructed in one structure along a road or court.
Electric power lines, telephone and telegraph lines, communication
towers cables, sewage lift stations, sewer and water pipes, and other
pipes, conduits and accessory structures that are used to transport
power, convey information or transport material between two points,
other than wireless communication services facilities.
Repairs, incidental body and fender work, replacement of
parts and motor services, towing and steam cleaning to passenger automobiles
and trucks equal to or exceeding 12,000 pounds gross weight.
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of this chapter.
The use of property is the purpose or activity for which
the land or building thereon is designed, arranged or intended, or
for which it is occupied or maintained and shall include any manner
of standards of this chapter.
The primary use of land or buildings as distinguished from
a subordinate or accessory use. A principal use may be "permitted"
or "conditional."
Electrical power line, telephone or telegraph line, water
pump station, sewage lift station, sewer or water pipe, or other pipe,
conduit or accessory structure used to transport power, or transport
material between two points, other than wireless communication service
facilities. Electric substation and distribution facility with a nominal
capacity of no more than 115 KV. Gas and fuel lines for local natural
gas distribution. Water pumping plant with a capacity of < 10 MGD.
Water tank, septic tank, well, or water reservoir.
Authorization from the Board of Appeals for the use, construction
or location of a building, structure or land in a manner that deviates
from the standards required or uses authorized in this chapter.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a road or highway, including
any car, truck, trailer, semitrailer, watercraft, mobile home or other
motor craft whether or not it is self-powered or remains capable of
travel in its present state.
An establishment that provides medical care and treatment,
observation, dentistry or surgery for domestic animals.
A wastewater treatment and disposal system serving one structure
with a septic tank and soil absorption field, located on the same
parcel as the structure. It also means an alternative wastewater treatment
system approved by the Department of Commerce, including a substitute
for the septic tank or soil absorption field, a holding tank, a system
serving more than one structure or a system located on a different
parcel than the structure, aka POWTS (private on-site waste treatment
system).
An excavated opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater, regardless
of its intended use.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
Equipment and associated facilities that convert and then
store or transfer energy from the wind into usable forms of energy,
as defined in Wis. Stats., § 66.0403(1)(m).
A facility for the manufacture of wine, as defined in Wis.
Stats., § 125.02, and associated authorized activities,
as described in Wis. Stats., § 125.53.
A transmission facility and infrastructure used to transmit
voice, data, text, sound, and video over a wired or wireless telecommunications
network. Examples of services include telephone services, including
VoIP services; wired (cable) audio and video programming distribution;
and wired broadband internet services.
Open space on the same lot with a building that is unoccupied
and unobstructed from the ground upward.
The exterior space that extends the full width of the lot
between the front lot line and the nearest part of the main building
excluding uncovered steps.
The yard, unoccupied except for accessory structures, extending
from the rear lot line to the rear line of the main building for the
entire width of the lot, excluding such projections as are permitted
in this chapter.
A yard or open space on each side of the principal structure
extending from the side wall of the building to the side lot line
and from the front yard to the rear yard. When an accessory structure
is constructed on the side of the principal structure, the setback
requirements are the same for the accessory structure as for the principal
structure.
[1]
Editor's Note: So in original.
A.
Jurisdiction. The jurisdiction of this chapter extends to all structures,
land, water and air within the Town of St. Joseph.
B.
Compliance. No structure or land shall hereafter be used, no land
use shall be substantially changed, and no structure or part thereof
in the Town shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without full
compliance with the provisions of this chapter and all other applicable
Town regulations. State and St. Croix County regulations also affect
and regulate land use in the Town.
A.
Permitted uses. Permitted uses are uses that are expressly allowed
by this chapter in specific zoning districts shown on the Zoning Map.
Permitted uses are not conditional uses.
B.
Accessory uses. Accessory uses and specified accessory structures
are permitted in any district.
C.
Conditional uses.
(1)
Conditional uses are not inherently incompatible with permitted uses but could create special problems and hazards if allowed without the imposition of conditions by the Town. A permit is required under this chapter to engage in a conditional use. Conditional use permits require application, review, public hearing and recommendation by the Plan Commission and approval by the Town Board in accordance with Article XVI of this chapter. Conditional uses are not permitted uses.
(2)
When a conditional use becomes a permitted use by Town action, as by amending this chapter, the conditional use permit terminates. The establishment of new or different conditional use(s) for such property with or without a conditional use permit requires review, public hearing and recommendation by the Plan Commission and approval by the Town Board in accordance with Article XVI.
(3)
If such a conditional use is discontinued, abandoned or terminated
for a twelve-month period, the conditional use permit becomes null
and void.
D.
Prohibited uses. Uses not listed are prohibited.
No lot, yard, parking area, setback, building area, open space
requirement, or other space shall be reduced in area or dimension
so as not to meet the provisions of this Code.
A.
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Town
by reason of flooding, concentrated runoff, inadequate drainage, adverse
soil or rock formation, slope, low percolation rate or bearing strength,
erosion susceptibility, or any other feature likely to be harmful
to the health, safety, prosperity, aesthetics and general welfare
of this community. The Plan Commission, in applying the provisions
of the chapter, shall in writing recite the particular facts upon
which it bases its conclusion that any land is not suitable for certain
uses. The applicant shall have an opportunity to present evidence
contesting such unsuitability if he/she desires. Thereafter, the Plan
Commission may affirm, modify, or withdraw its determination of unsuitability
when making its recommendation to the Town Board.
B.
Road frontage. All lots and parcels shall abut upon a public road
or other officially approved means of access to a public road.
C.
Principal structures; principal residential structures. There shall
be no more than one principal structure located, erected or moved
onto any lot of record. Principal residential structures on platted,
residential lots on which a single family resides may have more than
one building on the lot for that family's residential use where
all requirements of this chapter and other applicable regulations,
particularly including those concerning waste treatment and water,
are also met. Where additional principal residential structures are
permitted the Town Board, taking into consideration the recommendation
of the Plan Commission, may impose restrictions or requirements in
addition to those generally required by district regulations, enhanced
yard, landscaping or parking requirements and establishing minimum
separating distance from the principal structures on adjoining lots.
A.
Purpose. This section provides for livestock facilities that support
the Town's agricultural economy, allow reasonable economic return
for agricultural property owners, protect surrounding neighborhoods,
preserve the Town's natural resource areas and corridors, and
minimize the environmental and public health and safety impacts of
intensive livestock facilities.
B.
Applicability. This section applies to all animal units, except household
pets, in all districts.
C.
General regulations.
(1)
Except for poultry as permitted in the Traditional Residential, Preservation
Residential, Agricultural and Rural Residential, no animal units may
be kept on lots or parcels less than three acres, nor on lots or parcels
in a major subdivision unless provided for in the plat.
(2)
Livestock facilities of any kind are permitted in the Agricultural
and Rural Residential District with an approval of a conditional use
permit. Conditional use permits for livestock facilities shall be
reviewed and decided in accordance with the procedural and performance
standard requirements of Wis. Stats., § 93.90; Ch. NR 243
(Animal Feeding Operations), Ch. NR 151 (Runoff Management), and Ch.
ATCP 51 (Livestock Facility Siting), Wis. Adm. Code; St. Croix County
Code of Ordinances Chapter 11 (Animal Waste Storage Facilities); and
Natural Resources Conservation Service (NRCS) Conservation Practices
Standard Code 590, on Nutrient Management, to the extent such regulations
apply. Such procedures and performance standards are incorporated
herein by reference.
(3)
Keeping of livestock of less than 200 animal units shall be permitted
in the Preservation Residential District with approval of a conditional
use permit.
(4)
One animal unit per acre of land suitable for animal waste utilization,
consistent with NRCS 590, Nutrient Management, is allowed without
a permit on lots or parcels of three acres or more in size. Land suitable
for animal waste utilization excludes:
D.
Livestock structure setbacks.
(1)
Agricultural and rural residential district. The following structure
setback provisions apply to livestock structures, including animal
waste storage structures, and other structures housing animal units
in the Agricultural and Rural Residential Districts:
(a)
All structures must be set back at least 100 feet from any property
line or public road right-of-way if the facility has less than 1,000
animal units.
(b)
All structures must be set back at least 200 feet from any property
line or 150 feet from a public road right-of-way if the facility has
1,000 animal units or more.
(c)
All animal waste storage structures for less than 500 animal
units must be set back at least 100 feet from any property line or
the nearest point of any public road right-of-way unless:
[1]
The animal waste storage structure existed prior to May 1, 2006.
[2]
The animal waste storage structure is a single new structure
constructed no closer to the relevant property line or public road
than an animal waste storage structure that existed on the same tax
parcel prior to May 1, 2006, if the new structure is no larger than
the existing structure and is located within 50 feet of the existing
structure.
(d)
All animal waste storage structures for 500 or more animal units
must be set back at least 350 feet from any property line or the nearest
point of any public road right-of-way unless:
[1]
The animal waste storage structure existed prior to May 1, 2006.
[2]
The animal waste storage structure is a single new structure
constructed no closer to the relevant property line or public road
than an animal waste storage structure that existed on the same tax
parcel prior to May 1, 2006, provided that the new structure is no
larger than the existing structure and is located within 50 feet of
the existing structure.
(2)
Preservation Residential District. The following structure setback
provisions apply to livestock structures, including animal waste storage
structures, and other structures housing animal units in the Preservation
Residential District:
(a)
All livestock structures must be set back at least 100 feet
from any property line or 100 feet from any public road right-of-way
for lots or parcels with less than 200 animal units.
(b)
Animal waste storage structures must be set back at least 350
feet from any property line or nearest point of any public road right-of-way.
(3)
Exemption for equipment and piping. Equipment and piping used to
transport animal waste from a livestock facility to an animal waste
storage structure are exempt from the setback provisions in this subsection.
F.
Exotic animals. The raising and housing of exotic animals is not
permitted. Llamas, ostriches and emus kept for purposes of husbandry
and sale are not considered to be exotic animals and are instead treated
as livestock and as animal units under all applicable provisions of
Wisconsin Statutes and the Administrative Code.
G.
Commercial kennels. Conditional use permits for commercial kennels
shall meet all of the following requirements:
(1)
All kennel structures and runs shall be located at least 300 feet
from all property lines and 50 feet from any potable water supply.
(2)
All kennel structures housing animals shall be soundproofed so that
no audible animal noise can be heard at the property line.
(3)
Outside pens, runs, kennel structures and parking areas shall be
screened by landscaping or other means to be reasonably obscured from
view at adjoining property lines.
(4)
Animal waste shall be continuously managed and disposed of in a manner
that leaves no perceptible odor at adjoining property lines.
(5)
No more than two animals six months or older shall be outside at
any time unless the terms of the conditional use permit provide otherwise.
(6)
No more than two animals six months or older shall be kept in a single
enclosure.
(7)
Bark-suppression devices shall be used on all dogs six months or
older when outside, unless the terms of the conditional use permit
provide otherwise.
(8)
All animals shall be housed indoors from 9:00 p.m. to 6:00 a.m. daily.
(9)
Commercial kennels shall not be located in a major subdivision.
To grant a conditional use for multiple-family use, the Town
Board shall find that the following conditions are present:
A.
The establishment of the use will not be detrimental to or endanger
the public health, safety, morals, comfort or general welfare.
B.
The use, value and enjoyment of other property in the neighborhood
shall be in no foreseeable manner substantially impaired or diminished
by the establishment of the use.
C.
The establishment of the use will not impede the normal and orderly
development of the surrounding property for uses permitted in the
district.
D.
Adequate utilities, access roads, drainage and other necessary site
improvements have been made or are being provided.
E.
Adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public
streets.
Bed-and-breakfast establishments are defined in Wis. Stats.,
§ 254.61(1).[1] To grant a conditional use, the Town Board shall find
that the following conditions are present:
A.
Adequate off-street parking to accommodate the expected number of
guests.
B.
Number of guests shall be limited to two adults per rented bedroom.
C.
The establishment of the use will not be detrimental to or endanger
the public health, safety, morals, comfort or general welfare.
D.
The use, value and enjoyment of other property in the neighborhood
shall be in no foreseeable manner substantially impaired or diminished
by the establishment of the use.
E.
The establishment of the use will not impede the normal and orderly
development of the surrounding property for uses permitted in the
district.
F.
Adequate utilities, access roads, drainage and other necessary site
improvements have been made or are being provided.
G.
Adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public
streets.
[1]
Editor's Note: See now § 97.01(1g), Wis. Stats.
This section provides the standards and procedures for solar
energy systems. This section ensures that any proposed solar energy
system or solar collector complies with applicable provisions of Wis.
Stats., §§ 66.0401 through 66.0403, and this section.
A.
Applicability. This section applies to solar collectors and solar
energy systems.
B.
Dimensional standards. All solar energy systems shall meet the dimensional
standards for the district in which the system is located.
C.
Accessory use. Small-scale solar energy systems shall be allowed
as a permitted accessory use in all districts where single-family
homes are a permitted use.
D.
Conditional use. Solar energy systems shall be a conditional use in all other districts. (See Chapter 170, Zoning Use Table.[1])
[1]
Editor's Note: The Zoning Use Table is included as an attachment to this chapter.
E.
Limits on restrictions. The Plan Commission and Town Board shall review only to the extent they are consistent with Subsection E(1) through (3). No restriction shall be placed, either directly or in effect, on the installation or use of a solar energy system, unless the restriction satisfies one of the following conditions:
This section provides the standards and procedures to issue
conditional use permits for wind energy systems. This section ensures
that any proposed wind energy system complies with applicable provision
of Ch. PSC 128, Wis. Adm. Code, and this section.
A.
This section applies to wind energy systems. Wind energy systems
are a conditional use in any district.
B.
The Town Board shall review a conditional use permit application for a wind energy system and apply the criteria set forth in Subsections A through C below and the criteria set out in Article XVI only to the extent they are consistent with Subsection B(1) through (3). No restriction shall be placed, either directly or in effect, on the installation or use of a wind energy system, unless the restriction satisfies one of the following conditions:
C.
The Town will apply Wis. Stats., § 66.0401, and Ch. PSC
128, Wis. Adm. Code, when evaluating conditional use permit applications
under this section.
D.
All provisions of Ch. PSC 128, Wis. Adm. Code, are hereby adopted
and by reference made part of this chapter as if fully set forth herein.
Any future amendments, revisions or modifications of Ch. PSC 128,
Wis. Adm. Code, are intended to be made part of this chapter.
E.
The applicant shall comply with any restrictions established for
public use airports or heliports under Wis. Stats., § 114.135
or 114.136. If no such restrictions are effective, wind turbine height
and setback distances shall comply with the Federal Aviation Administration's
obstruction standards in 14 CFR Part 77.
