CHAPTER 1

TOWN OF RUSHFORD

GENERAL ZONING AND LAND USE REGULATION

1.1 INTRODUCTION

1.1.1

Authority, Purpose and Intent

1.1.5

Effective Date

1.1.2

Abrogation and Greater Restrictions

1.1.6

Title

1.1.3

Interpretation

1.1.7

Applicability

1.1.4

Severability

1.1.8

Map

1.2 DEFINITIONS

1.2.1

Definitions

 

 

1.3 ZONING DISTRICTS

1.3.1

Establishment of Districts

1.3.6

High Density Residential (HDR)

1.3.2

General Agriculture (GA)

1.3.7

Commercial/Business (CB)

1.3.3

Large Estate Residential (LER)

1.3.8

Industrial (ID)

1.3.4

Small Estate Residential (SER)

1.3.9

Public Lands Institutional (PLI)

1.3.5

Rural Residential (RR)

 

 

1.4 STANDARDS

1.4.1

Nonconforming Lots of Record

1.4.4

Site Restrictions

1.4.2

Nonconforming Structures

1.4.5

Use Restrictions

1.4.3

Nonconforming Uses

1.4.6

Height Exception

1.5 SUPPLEMENTAL REGULATIONS

1.5.1

General Standards

1.5.10

Parking Spaces; and Loading, Standing, and Unloading Areas

1.5.2

Accessory Structures

1.5.11

Home Occupations

1.5.3

Adult Entertainment Establishments

1.5.12

Manufactured Homes and Mobile Homes

1.5.4

Airports and Landing Strips

1.5.13

Manufactured Home Parks

1.5.5

Telecommunications Towers and Antennas

1.5.14

Outdoor Wood Burning Furnaces or Units

1.5.6

Automobile Wrecking Yards, Dumping Grounds, Junk Yards, Sanitary Land Fills, and Salvage Yards

1.5.15

Recreation Vehicles

1.5.7

Cemeteries

1.5.16

Sand, Gravel, and Rock Excavation

1.5.8

Conservation Clubs, Shooting Clubs, and Shooting Ranges

1.5.17

Signs

1.5.9

Convalescent Homes, Hospitals, Public Buildings, Nursing Homes, Sanitariums, and Utilities

1.5.18

Vacation Home Rentals

1.5.19

Specifications and Mounting of Address Numbers

1.5.20

Filling and Grading

1.6 ADMINISTRATION and AMENDMENTS

1.61

Planning and Zoning Committee

1.63

Board of Appeals

1.62

Building Inspector; Planning and Zoning Administrator

1.64

Amendments

1.7 APPLICATIONS and APPEALS

1.7.1

Zoning Permit

1.7.5

Reasonable Accommodation for Disabled or Handicapped Persons

1.7.2

Building Permit

1.7.6

Permit Fees

1.7.3

Driveway and Roadway Access Permit

1.7.7

Certificate of Compliance

1.7.4

Conditional Use Permit

1.7.8

Appeals

1.8 VIOLATIONS, ENFORCEMENT and PENALTIES

1.8.1

Violations

1.8.3

Penalties

1.8.2

Enforcement

 

 

APPENDIX

A

Town of Rushford Zoning District Fact Sheets

B

Wisconsin Department of Agriculture, Trade and

Consumer Protection - Animal Units Worksheet

MAPS

1

Official Town Zoning Map


1.1.INTRODUCTION

1.1.1. Authority, Purpose and Intent

This ordinance is adopted under the authority granted by Sections 59.97 (5)(d), 60.10 (2)(c), 60.22 (3), 60.62, 61.35 and 62.23 of the Wisconsin Statutes. The purpose is to promote the health, safety, morals, beauty, aesthetics and general welfare of the Town of Rushford. The general intent is to produce a uniform zoning format for the town.

1.1.2. Abrogation and Greater Restrictions

It is not intended by this Ordinance to interfere with, abrogate or annul any existing easements, covenants, or other agreements between parties, nor is it intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or rules, regulations or permit previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of structures or premises. However, whenever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall control. In addition, the provisions of the Winnebago County, Wisconsin, Shoreland/Flood Plain Ordinance, as adopted by said County as of the date of this Ordinance and as it may later be amended, are incorporated by reference. Whenever the Winnebago County Shoreland/Flood Plain Ordinance conflicts with applicable underlying provisions of this Zoning Ordinance, the more restrictive combinations of such ordinances shall govern.

1.1.3. Interpretation

The provisions of this Ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, beauty, aesthetics and general welfare of the Town of Rushford, Winnebago County, Wisconsin, and shall be liberally construed in favor of the Ordinance.

1.1.4. Severability

If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

1.1.5. Effective Date

This amended Ordinance shall be effective as of 12:01 A.M., on the day after its adoption by the Town Board, its approval by a special Town Meeting called for such purpose, its approval by the Winnebago County Board, and its posting and publication, and shall remain in force and effect in the Town of Rushford until amended, rewritten or abolished by the Town Board of the Town of Rushford.

1.1.6. Title

This amended Ordinance may be referred to as the Town of Rushford General Zoning and Land Use Regulation Ordinance, the General Zoning Ordinance, or the Zoning Ordinance.

1.1.7. Applicability

This ordinance applies to all development, structures, and land uses within the boundaries of the Town of Rushford situated outside the limits of Shoreland/Flood Plain jurisdiction of Winnebago County.

1.1.8. Map

This Ordinance includes the map, dated __________, _____ 2013 indicating the boundaries of all the zoning districts established by this Ordinance for the Town of Rushford, which map is incorporated herein by reference.

1.2.  DEFINITIONS

For the purpose of this Ordinance, the definitions set forth in this section shall be used. Words used in the present tense include the future. The singular number includes the plural number; the plural number includes the singular. The word "shall" is mandatory and not permissive. For technical terms not defined in this section, the definitions of ASPO Report No. 322 are incorporated by reference. Shoreland definitions set forth in Chapter NR 116 of the Wisconsin Administrative Code are incorporated by reference.

Access means a recognized point of connection providing for vehicular entry on to a local road where evidence of use has been clearly established.

Accessory building means a building, or any portion of a building that is subordinate to the main building and that is used for a purpose incidental to the permitted use of the main building or the premises.

Accessory use means any use that is subordinate to the principal use and that is incidental to the principal use.

Adult Oriented Establishment shall include but not be limited to adult bookstores, adult motion-picture theaters (indoor or outdoor), adult mini motion-picture theaters, adult motels, adult novelty shops, adult cabarets, adult bath houses, adult modeling studios, and adult body painting studios and further means any premises to which public patrons or members are regularly invited, admitted and/or allowed to view adult entertainment, whether or not such entertainment is held, conducted, operated or maintained for profit, direct or indirect.  "Adult oriented establishment" further includes, without being limited to, any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term or like import.

Agricultural accessory use means any of the following land uses on a farm:

(1)   A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use.  This may include, for example:

(a)   A facility used to store or process raw agricultural commodities, all of which are produced on the farm.

(b)   A facility used to keep livestock on the farm.

(c)    A facility used to store or process inputs primarily for agricultural uses on the farm.

(d)   A facility used to keep or service vehicles or equipment primarily employed in agricultural uses on the farm.

(e)   A wind turbine or solar energy facility that collects wind or solar energy on the farm, and uses or transforms it to provide energy primarily for use on the farm.

(f)    A manure digester, biofuel facility, or other facility that produces energy primarily for use on the farm and that primarily uses materials grown or produced on the farm.

(g)   A waste storage or processing facility used to store or process animal waste produced solely from livestock kept on the farm.

(2)   An activity or business operation that is an integral part of, or incidental to, an agricultural use.

(3)   A business, activity, or enterprise, regardless of whether it is associated with an agricultural use, which meets all of the following requirements:

(a)   It is conducted on a farm by an owner or operator of that farm.

(b)   It requires no building, structure, or improvement that is not an integral part of or incidental to an agricultural use or that is not a farm residence or a normal appurtenance to a farm residence.

(c)    It employs no more than 4 full-time employees at any time.

(d)   It does not impair or limit the current or future agricultural use of the farm or other protected farmland.

(4)   Hunting shacks or warming shacks provided that no water or sewage facilities are included.

Agricultural use means any of the following activities conducted for the purpose of producing an income or livelihood:

(1)   Aquaculture.

(2)   Beekeeping.

(3)   Crop or forage production.

(4)   Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(5)   Floriculture.

(6)   Forest management.

(7)   Fur farming.

(8)   Keeping livestock.

(9)   Nursery, sod, or Christmas tree production.

Agriculture-related uses means a facility, regardless of whether it is located on a farm, that has at least one of the following as a primary and not merely incidental purpose:

(1)   Marketing livestock to or from farms.

(2)   Processing agricultural by-products or wastes received directly from farms.

(3)   Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms.

(4)   Slaughtering livestock.

(5)   Storing, processing or handling raw agricultural commodities obtained directly from farms.

Alley means a public thoroughfare, which affords only a secondary means of access to abutting property.

Animal unit means the value used to establish the maximum number of animals permitted on a tract of land.  Animal units are calculated by multiplying the number of animals of a particular type by the appropriate Animal Unit Factor for that type of animal.  The Animal Unit Factor for each type of livestock is set by the Wisconsin Department of Agriculture, Trade and Consumer Protection and published at Wis. Admin. Code ch. ATCP 51, Appendix A, Worksheet 1.

Automobile wrecking yard means any premises on which more than one automotive vehicle, not in running or operating condition, is stored in the open.

Antenna means any device or equipment used for the transmission or reception of electromagnetic waves, which may include omni-directional antenna (rod), directional antenna (panel), or parabolic antenna (disc).

Basement means a story partly underground but having at least one-half of its height above the mean level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurements if the vertical distance between the ceiling and the mean level of the adjoining ground is more than five feet.

Bed and breakfast means 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.

Boarding house means building, other than a hotel or motel, where lodging, meals, or both, are furnished for compensation for 4 or more persons who are not members of a family.

Building height means the vertical distance from the main elevation of the finished grade along the front of the building to the highest point.

Camp ground means a tract or parcel of land, privately or publicly owed, designated, maintained, intended, and used for the purpose of accommodating people, vehicles, equipment, and other accessories, for living and sleeping accommodations in a recreational setting, thereby supplying a location for day to day and overnight camping.

Camping trailer means a vehicle with a collapsible or folding structure designed for human habitation and towed upon a highway by a motor vehicle and any device designed for movement from place to place which provides protection from the elements and is used for living and sleeping accommodations on a day to day basis, including overnight camping, and is primarily used in a recreational and/or sporting activity, and including optional accessories of the same nature.

Carport means a private garage not completely enclosed by walls or doors. For the purpose of this ordinance, a carport shall be subject to all the regulations prescribed for a private garage.

Cellar means a story having more than one-half of its height below the mean level of the adjoining ground. A cellar should not be occupied for living purposes, and shall not be counted as a story for purposes of height measurement.

Cluster Subdivision – In the Town of Rushford, a Cluster Subdivision is allowing the consolidation of all single family homes on 25% (can be increased up to 40% if the Town accepts incentives to relax density standards) of an entire parcel, with the remaining 75% (not less than 60% based on incentives) being left open and undeveloped, and such land has the option of becoming a conservation easement, a donation (if acceptable to the recipient) to the County, Town or other entity to create permanent open space, being rented for farming, or being conveyed to any other entity that will only use the land as open space.

Co-Location means the location of more than one antenna or set of antennas on the same tower structure.

Commercial means the use of land or a structure for the purpose of generating income.

Common ownership means ownership by the same person or persons or by a legal entity that is owned, in whole or in part, by the same person or persons.  For the purposes of this ordinance, ownership by one member of a married couple is deemed to be common ownership by the married couple.

Community-based Residential Facility (CBRF) means a place where three (3) or more unrelated adults reside in which care, treatment, or services above the level of room and board, but not including nursing care, are provided in the facility. A community-based residential facility is subject to State-level licensing and operational limitations are set forth in Chapter 50 of the Wisconsin Statutes.

Community use means a structure and related premises used to provide athletic, civic, cultural, educational, medical, recreational, religious, or social programs and services to the community.  Community uses include, but are not limited to such things as a church, clinic, community center, fire station, hospital, library, mausoleum, municipal hall, museum, park, playground, police station, or school.

Conditional use means a use, either public or private, which because of its unique characteristics cannot be properly classified as a permitted use in any particular district or districts. After the Town Planning & Zoning Committee gives due consideration to the impact of such use on the neighboring land and the public need for the particular use at a particular location, the Planning & Zoning Committee shall make a recommendation to the Town Board, who may or may not grant the conditional use.

Conservation Subdivision In the Town of Rushford, a Conservation Subdivision is allowing the consolidation of all single family homes on 25% (can be increased up to 40% if the Town accepts incentives to relax density standards) of an entire parcel, with the remaining 75% (not less than 60% based on incentives) being owned and maintained by a Homeowner’s Association into perpetuity. (Example of Conservation/ Cluster Subdivision follows Cluster Subd. definition)

Contiguous means adjacent to or sharing a common boundary.  A lot, parcel, or tract is contiguous with another lot, parcel, or tract if they have all, part, or any point of any boundary line in common.  Lots, parcels, or tracts that are separated by a pipeline, private road, public road, railroad, right-of-way, river, section line, stream, transportation easement, transmission line, or transmission right-of-way are contiguous.

Development means any activity which results in an alteration of either land or vegetation, except farming, any normal grading and filling, for purposes of changing or intensifying existing uses in residential, business, recreational, institutional or industrial property.

Driveway means a point of connection providing access to a local road, typically owned and maintained by the residents or businesses gaining access from it.

Family means one or more persons occupying a premise and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel.

Essential service means electric, gas, sewer, telephone, or water service, including the overhead, surface, or underground distribution or transmission systems necessary to supply the service.  It includes the conduits, pipes, poles, towers, wires, and similar devices necessary to supply these services, but does not include any buildings necessary to supply these services. It does not include wind energy systems, wireless communications facilities, or any structure or use listed as a permitted, accessory, or conditional structure or use in any other district.

Farm access means an access point typically unimproved and with very low volume of use, which provides access to an agricultural location for farming purposes.

Farm livestock means beef cattle, dairy cattle, horses, sheep, swine, or veal calves.

Frontage means that part of a property that abuts a street or highway or that lies between the front of a building and a street or highway.

Garage, private means a building or a space for the storage of private property, vehicles, or both.

Garage, public means a building or premises where motor-driven vehicles are equipped, hired, repaired, serviced, sold, or stored.  It does not include a private garage or a storage garage that is only used for the storage of motor-driven vehicles pursuant to a prior arrangement, provided that the private garage or storage garage is not used by transients and provided that the private garage or storage garage does not sell equipment, fuel, lubricants, or parts and does not equip, service, repair, hire, or sell motor-driven vehicles.

General Farming includes the raising of livestock, grazing, dairy operations, egg production, commercial feed lots, animal waste, grain, grass, mint and other seed crops, growing fruits, nuts, berries, vegetables and orchards, sod farming, greenhouses, flowers, and nurseries, and the disposition of any real estate or personal property related to general farming by auction.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the, building or structure.

Half story means a story under a gable, hip or gambrel room, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Height when used with respect to a building means the vertical distance from the finished grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the highest gable of a gambrel, hip, or pitched roof.

Height, Tower means the distance measured from the original grade at the base of the tower to the highest point of the tower.

Highway means a state or county highway, and which may serve the town as a whole and areas beyond the town. A highway carries a large volume of traffic. A County Trunk Highway is designated by Winnebago County pursuant to Sec 83.025, Statutes (synonymous with County Road).

Home occupation means an occupation for gain or support conducted only by members of a family residing on the premises and incidental to residence; provided, that no special space is designed or arranged for such occupation and no substantial stock-in-trade is kept or offered for sale except such as may be produced by members of the immediate family residing on the premises.

Hotel or motel means a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related areas, buildings, and rooms.

Household livestock means an animal that weighs less than 25 pounds.

Intersection means a place where two roads or a road and a highway intersect.

Junk means any material or object that is broken, deteriorated, inoperable, worn out, or in such condition as to be generally unusable in its present state for its original purpose and that has been collected or is stored for conversion to some other use or for destruction or salvage.  Any material or object that can be used for its original purpose as readily as when new without being altered, changed, or reconditioned is not considered junk.  Junk materials include, but are not limited to, building supplies, cardboard, fabric, glass, metal, organics, paper, plastic, rubber, synthetics, and wood.  Junk objects include, but are not limited to, appliances, automobiles, batteries, furniture, implements, machinery, tools, trailers, trash, used tires (including used tires that are holding down covers over hay or straw if the sidewalls of those tires have not been cut to provide drainage), and vehicles.  Junk also includes debris, garbage, refuse, trash, waste, and other material and objects commonly designated as junk.  However, nothing in this ordinance is intended to prohibit the storage of idle but operable farm equipment.

Junk yard means any parcel of land or structure, or any portion of a parcel of land or structure, on or in which there is an accumulation of junk, unless the accumulation is completely contained within an enclosed structure.

Kennel means tract or parcel of land with or without improvements, privately or publicly owned, designated, maintained, intended, and used to lodge, house, service, or care for animal pets to include any facility to raise, breed, board, or medically treat animal pets.

Lattice (Self-Support) Tower means a telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.

Livestock means bovine animals, camelids, equine animals, farm-raised deer, farm-raised game birds, farm-raised fish, goats, poultry, ratite, sheep, and swine.

Local Road means a publically dedicated street or road, other than a County Trunk or Federal or State Highway, primarily for access to residence, business, or other abutting property.

Loading area means a completely off street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodging house means a building other than a hotel where lodging is provided for compensation.

Lot means a parcel of land occupied or to be occupied by one main building or use, with its accessories and including the open space accessory to it. No area shall be counted as accessory to more than one main building or use, and no area necessary for compliance with the open-space requirements for one main building or use shall be included or counted in the calculation of the open space accessory to any other main building or use.

Lot, corner means a lot abutting on 2 or more streets at their intersection, provided that the interior angle of the intersection is less than 135 degrees.

Lot depth means the horizontal distance of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line.

Lot line means a boundary line of a lot.

Lot line, adjoining means a lot line on a contiguous parcel that is not under common ownership.

Lot line, front means a lot line that is common to an access easement or a public or private road.  If a lot abuts more than one road, the lot owner must designate the lot line that abuts one of the roads as the front lot line at the time the lot is developed.

Lot line, rear means the lot line that is most opposite or most distant from the designated front lot line.  If the front lot line is curved, the rear property line will be determined by using a line tangent to the front property line at its midpoint. If the property abuts a waterfront property, the rear lot line is the lot line that adjoins the ordinary high water line, unless otherwise designated by the town.

Lot line, side means a lot line that intersects a front lot line and a lot line that is not a front or rear lot line.

Lot size means the total area of a tract of land.  Roads, rights of way, and open spaces that are dedicated to the public are excluded when calculating lot size.

Lot size, minimum means the smallest tract of land permitted in a zoning district.  The minimum lot size depends on the zoning district in which the land is located.

Lot width means the distance between the side lot lines measured along a line that is at right angles to the lot depth line at a point which is set back the minimum required distance from the front lot line.

Manufactured Home means a structure that is designed to be used as a dwelling unit with or without a permanent foundation, built on a permanent chassis, transportable in one or more sections, and certified and labeled as a manufactured home under 42 U.S.C. §§ 5401-5426 and that includes required utilities, such as air conditioning, electrical, heating, and plumbing systems.

Mobile home means a structure that is transportable in one or more sections, built on a chassis, and designed to be used as a dwelling unit with or without permanent foundation, and that was built prior to the enactment of the Federal Manufactured Construction and Safety Standards Act of 1974, which became effective July 15, 1976. When connected to the required utilities, it includes the air conditioning, electrical, heating, and plumbing systems contained in the mobile home.

Monopole means a telecommunication tower of single pole design.

Multiple dwelling means a building or portion thereof used or designed as a residence for three or more families living independently of each other.

Nonconforming lot of record means a single nonconforming parcel that was recorded with the Register of Deeds prior to the date that the town in which the parcel is located initially adopted this ordinance.  It also means one or more nonconforming parcels that were recorded with the Register of Deeds prior to the date that the town in which they are located initially adopted this ordinance and that, taken collectively with all adjacent parcels held in common ownership, do not conform to the requirements of this ordinance for the zoning district in which they are located.

Nonconforming parcel means a parcel that does not conform to the requirements of this ordinance for the zoning district in which it is located, was established prior to the date that the town in which it is located initially adopted this ordinance, and was lawful when it was established.

Nonconforming sign means a sign whose dimensions, location, or other physical characteristics do not conform to the requirements of this ordinance, but that conformed to the requirements of the ordinance in effect at the time it was constructed or placed in its current location.

Nonconforming structure means a building or other structure whose dimensions, location, or other physical characteristics do not conform to the requirements of this ordinance, but that conformed to the requirements of the ordinance in effect at the time it was constructed or placed in its current location.

Nonconforming use means a use of land or a structure that does not conform to the use regulations for the zoning district in which it is located, but that conformed to the use requirements of the ordinance in effect at the time that the current use began.

One-family dwelling means a detached building designed for or occupied exclusively by one family.

Open space area or open space parcel means a tract of land on which no structures, other than hunting blinds or small sheds, have been constructed or may be approved for construction.

Operation means other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications, it shall be deemed in operation.

Outdoor wood burning furnace means a device, located outside of the principal structure, that generates heat by burning wood or other solid fuel for the purpose of heating the principal or any other structure on the premises.

Parent parcel means parcels of record, as identified by individual tax parcel numbers, as of the effective date of this ordinance.

Park trailer means a travel trailer that is certified as complying with American National Standards Institute Standard A119.5 and that is designed, intended to be, or actually placed on a site for an extended period of time for the purposes of providing living quarters for camping, recreational, or seasonal use.   Typically, a park trailer will not have a holding tank or dual-voltage appliances and will require electrical, water, and sewage connections in order to function.

Parking space means the off-street area required for parking one automobile.

Person means any individual and any association, cooperative, corporation, estate, firm, joint venture, limited liability company, limited liability partnership, local government unit, municipality, organization, partnership, proprietorship, service corporation, trust, or other legal entity.

Premises means a building and the grounds on which the building is located.

Principal use means the main use of land or structures as distinguished from a secondary or accessory use.

Private garage means an accessory structure or portion of the principal building designed and used for the storage of motor vehicles by the occupants of the building to which it is accessory.

Private road means a privately owned access or driveway with multiple parcels or a single owner, not formally accepted or maintained by a governmental body as a Town Road, City Street or County Road or Highway.

Public garage means a garage other than a private garage.

Public use means a structure and related premises used by a private or public entity to provide a public service.  Public use includes, but is not limited to, such things as an emergency service facility, exposition space, incinerator, mechanical shop, recycling facility, sewage disposal facility, sewage treatment plant, solid waste storage or transfer station, storage yard, storm water management facility, or warehouse.

Reasonable accommodation means a deviation from the strict requirements of this ordinance which is necessary to provide equal housing opportunity for a disabled person or persons.  An accommodation is reasonable if it does not cause an administrative burden, fiscal burden, or undue hardship on the town and does not undermine the basic purpose of this ordinance.

Recreational camp means an area, parcel, premises, or tract of land on which facilities are provided for overnight or short-term camping in bedrolls, camping trailers, motor homes, pick-up coaches, tents, or travel trailers, or that otherwise meets the criteria specified in Wis. Admin. Code ch. DHS 178.  A recreational camp includes accessory buildings and service facilities required by the State Board of Health and a residence or living quarters for the owner or caretaker on the premises. For purposes of this ordinance, a recreational camp means the same as and is synonymous with camp and campground.

Recreation center means a facility where recreational activities or amenities are made available to the general public for a fee or are restricted to members.

Recreation vehicle means any unit other than a mobile or manufactured home, whether self-propelled, mounted on, or towed by another vehicle, that is used for recreational purposes.  It includes, but is not limited to, an all-terrain vehicle, boat, camper, folding tent trailer, motor home, park trailer, snowmobile, travel trailer, or truck camper.

Roadside stand means a structure with an area of 100 square feet or less that is readily removable in its entirety, not wholly enclosed, and not permanently attached to the ground and that is used solely for the sale of farm products produced on the premises.

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallowish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas

Setback means the distance from a lot line or other specified line to a structure or other specified point on a lot as measured perpendicularly to the lot line or other specified line.

Sign means any artifact, device, or object that is used or intended to be used to communicate information about, direct attention to, or identify an activity, business, entity, institution, person, place, product, service, or thing.

Sign, directional means a sign that provides information about a place that is deemed by the Wisconsin Department of Transportation or the board of appeals to be of interest to the traveling public.  Such places include areas of natural scenic beauty, that contain natural phenomena, or that are naturally suited for outdoor recreation; places that are owned or operated by a government authority; and public or privately owned cultural, educational, historic, and scientific sites.

Sign, electronic means any sign that displays an image or text that can be changed by a computerized, electrical, electronic, or mechanical process.

Sign, government means a sign erected by or on the order of a public official in the performance of his or her official duties, including, but not limited to, danger, directional, traffic control, notice, public safety, public utility, railroad crossing, regulatory, and warning signs.

Sign, marquee means a sign that is attached to or constructed in, on, or under a canopy or other permanent roof-like structure projecting from a wall over the entrance to a building or other structure.

Sign, vehicular means a sign that is attached to or painted on a bus, trailer, truck, or other vehicle that is primarily used for the purpose of providing a surface area for signage and that is not regularly used to provide transportation in the normal day-to-day operation of a business.

Sign, wall means a sign that is affixed to or painted on an exterior wall of a structure, projects not more than 12 inches from the structure, and does not extend more that 6 feet above the eaves, facade, parapet, or roof of the structure on which it is located.

Stable means an accessory building in which horses are kept.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

Street means a public or private thoroughfare, which affords the principal means of access to abutting property.

Structural alteration means any change in a supporting member of a building, such as a beam, bearing partition, bearing wall, column, exterior wall, foundation, or girder and any structural change in the roof.

Structure means anything constructed or erected on the ground or any improvement built up or composed of parts joined together in some definite manner and affixed or attached to the ground, including signs and walls, but not including flowerbed frames and other such minor incidental improvements.

Telecommunication Facility means a facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunication signals, excluding those facilities exempted under Section 1.28(2).

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including guy towers, monopole towers, and self-supporting lattice towers.

Tower Accessory structure means any structure located at the base of a tower for housing, receiving or transmitting equipment.

Tower, camouflaged means any telecommunication tower that, due to design or appearance, hides, obscures, or conceals the presence of the tower and antenna.

Tower, guyed means a telecommunication tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

Trade or contractor storage means the inside storage of materials associated with a trade such as carpentry, construction, electric, remodeling, plumbing, roofing, or siding, where the principal business activity is performed off-site.

Travel trailer means a recreation vehicle that is primarily designed to provide temporary living quarters for camping, recreation, or seasonal use; that is built on a single chassis, mounted on wheels, and has gross trailer area not exceeding 400 square feet when set-up; and that is certified as complying with ANSI A119.5.

Two-family dwelling means a building designed for or occupied exclusively by two families living independently of each other.

Usable floor area means the area within the exterior wall lines of a building; provided, that the floor area shall not include attics, cellars or utility rooms, garages, breezeways and unenclosed porches, and other areas not furnished or usable as living quarters.

Utility means a building and related premises used to provide essential services, such as an electrical power substation, gas regulation station, microwave radio relay, sewage pumping station, static transformer station, telegraph and telephone exchange, water pumping station, water tower, or water well. It includes any conduit, duct, equipment, line, pipe, pipeline, pole, tank, tower, wire, or other structure located on the premises that are used to deliver the service, but does not include high-voltage transmission lines used for the transmission or distribution of electricity.

Vacation home rental means a dwelling unit that is advertised or held out to the public as a place where sleeping accommodations are furnished to the public for a period of less than 1 month at a time; that is not a bed and breakfast, hotel, motel, or resort; and that is not the owner’s primary residence.

Yard means an open space on the same lot with a principal building or group of Structures which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this ordinance, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located. The yard depth or width is measured as the minimum horizontal distance between the lot line and the nearest point of a building or any projection thereof, excluding uncovered steps. Ordinary projection of sills, belt courses, chimneys, flues, eaves and troughs may project into the required yard no more than one third of its minimum width or twenty four inches, whichever is smaller.

Yard, front means an open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the front line of the lot and the front line of the building, projected to the side lines of the lot.

Yard, rear means an open space on the same lot as the main building, unoccupied except for accessory structures which may occupy the rear yard as permitted in the residence districts. The rear yard is situated between the rear line of the lot and the rear line of a principal building, projected to the side lines of the lot.

Yard, side means an open, unoccupied space on the same lot with the main building, situated between the side of the building and the adjacent side line of the lot, and extending from the rear line of the front yard to the front line of the rear yard. If there is no front yard, the front boundary of the side yard shall be the front line of the lot, and if there is no rear yard, the rear boundary of the side yard shall be the rear line of the lot.  

Vision Corner means a triangular approach zone at street and/or driveway intersections intended to allow visibility of approaching vehicular traffic, pedestrians, or bicycles.

 


1.3.  ZONING DISTRICTS

1.3.1. Establishment of Districts

To regulate and restrict the location of trades, industries, residences and other uses, and the location of structures designed, erected, altered or occupied for specific purposes; to regulate and limit the size of the building hereafter erected or altered; to regulate and limit the density of population.

(1) The following zoning districts are created:

(a)  General Agriculture (GA)

(b) Large Estate Residential (LER)

(c)  Small Estate Residential (SER)

(d) Rural Residential (RR)

(e)  High Density Residential (HDR)

(f)   Commercial/Business (CB)

(g) Industrial (ID)

(h) Public Lands Institutional (PLI)

(2) Official Zoning Maps.

(a)  The Town Clerk shall keep an official zoning map and a copy of each revision to the official zoning map.

(b) The boundaries of the districts within the Shoreland zoning overlay(s) are set forth on the Official Zoning Map(s) of Winnebago County on file in the office of the Winnebago County Zoning Department.

(c)  In addition to zoning district boundaries, any legend, notation, reference, symbol, or other information shown on the official zoning map is incorporated into this ordinance.

 

1.3.2. General Agriculture (GA)

(1) Purpose.  The purpose of the General Agriculture (GA) district is to provide a rural area with a mixture of agricultural, low-density residential, and rural commercial activity.  The district provides for residential development at modest densities consistent with a generally rural environment and allows for nonresidential uses that require relatively large land areas or that are compatible with the surrounding rural land (minimum of 20 acres, exclusive of road right-of-way).

(2) Principal Uses. The following uses are allowed in the GA district:

(a)  Agricultural uses.

(b) Dairies and cheese factories.

 

(c)  Essential services.

(d) Facilities used to keep cattle, goats, poultry, sheep, or swine. (Note this use may also be subject to the requirements of Winnebago County Ch. 13 Livestock Waste Management Ordinance.)

(e)  Kennels.

(f)   Open space areas.

(g) Park trailers.

(h) Private garages.

(i)   Single family residences.

(j)   Undeveloped natural resource areas.

(k)  Other uses that are authorized or required to be located in a specific place by state or federal law.

(3) Accessory Uses.  The following uses are allowed in the GA district, subject to any applicable provisions contained in Part 5.

(a)  Agricultural accessory uses.

(b) Home occupations.

(c)  Hunting shacks or warming shacks with no water or sewage facilities.

(d) On-premise business signs of up to 32 square feet for allowable uses.

(e)  Other accessory structures and uses that are incidental to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.

(f)   Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

(g) Small wind energy systems.

(h) Trade or contractor storage.

(4) Conditional Uses.  The following uses may be allowed in the GA district upon the issuance of a conditional use permit:

(a)    Agricultural related uses.

(b)   Airports, air strips, and landing fields.

(c)    Bulk storage of agricultural products, cooperatives, feed mills, fertilizer plants, and fuel used for agricultural purposes.

(d)   Camps and campgrounds.

(e)    Commercial riding stables.

(f)     Community uses.

(g)   Directional signs.

(h)   Farm implement sales and service.

(i)     Fruit and vegetable processing plants.

(j)     Infrastructure that is compatible with the district, including agricultural aeronautic facilities; communication uses, such as antennae, broadcast towers, cell towers, and transmission lines; drainage facilities; electrical transmission lines; gas, oil, and other pipelines; large wind energy systems; rail facilities; roads; solar energy facilities; and transportation uses.

(k)    Junk yards, salvage yards, or other facilities for the baling, handling, processing, reclamation, recycling, remanufacture, sale, salvage, or storage of junk or other second-hand or used materials.

(l)     Landscape businesses.

(m)  Nonmetallic mining.

(n)   Public garages.

(o)   Public uses.

(p)   Recreation vehicle parks.

(q)   Sawmills.

(r)    Utilities.

(s)    Vacation home rentals.

 

(5) Yard Requirements.  The following requirements apply to the GA district:

(a)  Land Area. The minimum lot size is 20 acres, exclusive of road right-of-way.

(b) Frontage. The minimum lot width is 150 feet. An exception to the 150 foot standard is in a Cluster or Conservation Subdivision that has been granted an incentive density bonus, in which case the minimum lot frontage will be not less than 125 feet.

(c)  Yard, front.

                                                                 i.     The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                                ii.     The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d) Yard, side.

                                                                 i.     The minimum setback for principal and conditional use structures is 25 feet.

                                                                ii.     The minimum setback of accessory structures is 10 feet.

(e)  Yard, rear.

                                                                 i.     The minimum setback for principal and conditional use structures is 25 feet.

                                                                ii.     The minimum setback of accessory structures is 10 feet.

(f)   Building Height. The maximum height for any structure is 60 feet except farm structures not used for human habitation.

(g) Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

1.3.3. Large Estate Residential (LER)

(1)     Purpose.  The purpose of the Large Estate Residential (LER) district is to provide areas for single-family residential and planned residential developments on large lots while allowing for agricultural activity in mostly rural areas of the town. The low-density requirements are intended to provide for areas where the presence of vegetation and open space helps create quiet and visually attractive residential areas (minimum of 5 acres, exclusive of road right-of-way).

 

(2)     Principal Uses. The following uses are allowed in the LER district:

(a)      Single-family residences.

(b)     Agricultural uses, such as a garden, greenhouse, nursery, and usual farm buildings, subject to the following restrictions:

 

1.       A building in which animals are kept must be at least 25 feet from any adjoining lot line.

 

2.       No more than 1 animal unit of farm livestock and no more than 5 household livestock animals are allowed per acre within confinement area.

 

3.       The storage or use of manure or any odor or dust-producing substance is prohibited within 25 feet of any adjoining lot line.

 

4.       A greenhouse heating plant must be at least 25 feet from any adjoining lot line.

 

(c)      Community living arrangements with a capacity for 8 or fewer persons and foster homes, subject to the provisions set forth in Wis. Stat. § 60.63.

 

(d)     Essential services.

 

(3)     Accessory Uses.  The following uses are allowed in the LER district, subject to any applicable provisions contained in Part 5.

(a)      Contractor or trade storage.

(b)     Home occupations.

(c)      Private garages.

(d)     Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

 

(e)      Small wind energy systems.

(f)      Solar energy systems.

(g)     Other accessory structures and uses that are incidental to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.

 

(4)     Conditional Uses.  The following uses may be allowed in the LER district upon the issuance of a conditional use permit:

 

(a)      Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in Wis. Stat. § 60.63.

 

(b)     Community uses.

(c)      Day care.

(d)     Kennels.

 

(e)      Infrastructure that is compatible with the district, including agricultural aeronautic facilities; communication uses, such as antennae, broadcast towers, cell towers, and transmission lines; drainage facilities; electrical transmission lines; gas, oil, and other pipelines; large wind energy systems; rail facilities; roads; solar energy facilities; and transportation uses.

 

(f)      Utilities.

 

(g)     Vacation home rentals

 

(5)     Yard Requirements.  The following requirements apply to the LER district:

(a)          Land Area. The minimum lot size is 5 acres, exclusive of road right-of-way.

(b)         Frontage. The minimum lot width is 150 feet. An exception to the 150 foot standard is in a Cluster or Conservation Subdivision that has been granted an incentive density bonus, in which case the minimum lot frontage will be not less than 125 feet.

(c)          Yard, front.

                                                   (i)        The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                  (ii)        The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d)         Yard, side.

                                                   (i)        The minimum setback for principal and conditional use structures is 25 feet.

                                                  (ii)        The minimum setback of accessory structures is 10 feet.

(e)          Yard, rear.

                                                   (i)        The minimum setback for principal and conditional use structures is 25 feet.

                                                  (ii)        The minimum setback of accessory structures is 10 feet.

(f)           Building Height. The maximum height for any structure is thirty-five (35) feet or two and one-half (2½) stories in height. Accessory structures shall not exceed eighteen (18) feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point..

(g)         Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

(h)         Fencing. All fences shall meet requirements according to the State Building Code.  No fence shall exceed eight (8) feet in height. Fences must be set back from any lot line at least two (2) feet, and the fence structure and any lawn area under the fence must be maintained.  The exception to the eight (8) foot maximum fence height is the first 35 feet from any public roadway, which is limited to three (3) feet in height.

1.3.4. Small Estate Residential (SER)

(1)     Purpose.  The purpose of the Small Estate Residential (SER) district is to provide areas for mixed residential and agricultural activity in mostly rural areas of the town.  This district provides for residential development at modest densities consistent with a generally rural environment; provides for specific nonresidential uses that require relatively large land areas and that are compatible with the surrounding residential uses; and still allows for some agricultural uses (minimum of 2 acres, exclusive of road right-of-way).

 

(2)     Principal Uses. The following uses are allowed in the SER district:

(a)      Single-family residences.

(b)     Community living arrangements with a capacity for 8 or fewer persons and foster homes, subject to the provisions set forth in Wis. Stat. § 60.63.

 

(c)      Agricultural uses, such as a garden, greenhouse, nursery, and usual farm buildings, subject to the following restrictions:

 

1.       A building in which animals are kept must be at least 25 feet from any adjoining lot line.

 

2.       No more than 1 animal unit of farm livestock and no more than 5 household livestock animals are allowed per acre within confinement area.

 

3.       The storage or use of manure or any odor or dust-producing substance is prohibited within 25 feet of any adjoining lot line.

 

4.       A greenhouse heating plant must be at least 25 feet from any adjoining lot line.

 

(d)     Essential services.

 

(3)     Accessory Uses. The following uses may be allowed in the SER district, subject to any applicable provisions contained in Part 5.

 

(a)          Contractor or trade storage.

 

(b)     Home occupations.

(c)      Private garages.

(d)     Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

 

(e)      Small wind energy systems.

(f)      Solar energy systems.

(g)     Other accessory structures and uses that are incidental to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.

 

(4)     Conditional Uses.  The following uses may be allowed in the SER district upon the issuance of a conditional use permit:

 

(a)      Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in Wis. Stat. § 60.63.

 

(b)     Community uses.

(c)      Kennels.

(d)     Utilities.

 

(e)      Vacation home rentals.

 

(5)     Yard Requirements.  The following requirements apply to the SER district:

(a)          Land Area. The minimum lot size is 2 acres, exclusive of road right-of-way.

(b)         Frontage. The minimum lot width is 150 feet. An exception to the 150 foot standard is in a Cluster or Conservation Subdivision that has been granted an incentive density bonus, in which case the minimum lot frontage will be not less than 125 feet.

(c)          Yard, front.

                                                   (i)    The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                  (ii)    The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d)         Yard, side.

                                                   (i)    The minimum setback for principal and conditional use structures is 25 feet.

                                                  (ii)    The minimum setback of accessory structures is 10 feet.

(e)          Yard, rear.

                                                     (i)        The minimum setback for principal and conditional use structures is 25 feet.

                                                    (ii)        The minimum setback of accessory structures is 10 feet.

(f)           Building Height. The maximum height for any structure is thirty-five (35) feet or two and one-half (2½) stories in height. Accessory structures shall not exceed eighteen (18) feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.

(g)         Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

(h)         Fencing. All fences shall meet requirements according to the State Building Code.  No fence shall exceed eight (8) feet in height. Fences must be set back from any lot line at least two (2) feet, and the fence structure and any lawn area under the fence must be maintained.  The exception to the eight (8) foot maximum fence height is the first 35 feet from any public roadway, which is limited to three (3) feet in height.

1.3.5. Rural Residential (RR)

(1)     Purpose.  The purpose of the Rural Residential (RR) district is to provide areas for mixed residential and low-impact non-residential development on relatively small lots (minimum of 1 acre, exclusive of road right-of-way).

 

This zoning category is limited to “Encouragement Zones”: (1 mile radius unlimited growth) as shown on the Town of Rushford’s Comprehensive Plan.  Creation of single-family lots in the RR zone will be allowed in conventional subdivisions or Certified Survey Mapped parcels within “Encouragement Zone” areas.  It will be the developer’s responsibility to review the Town’s Comprehensive Plan to determine if the land to be rezoned or platted is located in “Encouragement Zones”.

 

(2)     Principal uses. The following uses are allowed in the RR district:

(a)      Single-family residences.

(b)     Community living arrangements with a capacity for 8 or fewer and foster homes, subject to the limitations set forth in Wis. Stat. § 60.63.

 

(c)      Agricultural uses, such as a garden, greenhouse, nursery, and usual farm buildings, subject to the following restrictions:

 

1.       A building in which farm animals are kept must be at least 25 feet from any adjoining lot line.

 

2.       No more than 1 animal unit of farm livestock and no more than 5 household livestock animals are allowed per acre within confinement area.

 

3.       The storage or use of manure or any odor or dust-producing substance is prohibited within 25 feet of any adjoining lot line.

 

4.       A greenhouse heating plant must be at least 25 feet from any adjoining lot line.

 

(d)     Essential services.

 

(3)     Accessory Uses.  The following uses are allowed in the RR district, subject to any applicable provisions contained in Part 5.

(a)      Contractor or trade storage.

(b)     Home occupations.

(c)      Private garages.

 

(d)     Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

 

(e)      Small wind energy systems.

(f)      Solar energy systems.

(g)     Other accessory structures and uses that are incidental to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.

 

(4)     Conditional Uses. The following uses are allowed in the RR district, subject to the issuance of a conditional use permit:

 

(a)      Cemeteries.

 

(b)     Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in Wis. Stat. § 60.63.

 

(c)      Community uses.

(d)     Day care.

(e)      Kennels.

 

(f)      Mini-warehouses.

 

(g)     Two-family residences.

(h)     Utilities.

(i)      Vacation home rentals.

(j)      Veterinary clinics.

(k)      Other small businesses not specifically listed, but which are deemed by the Planning and Zoning Committee to be similar to those listed.

 

(5)     Yard Requirements.  The following requirements apply to the RR district:

(a)          Land Area. The minimum lot size is 1 acre, exclusive of road right-of-way.

(b)         Frontage. The minimum lot width is 150 feet. An exception to the 150 foot standard is in a Cluster or Conservation Subdivision that has been granted an incentive density bonus, in which case the minimum lot frontage will be not less than 125 feet.

(c)          Yard, front.

                                                   (i)    The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                  (ii)    The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d)         Yard, side.

                                                   (i)        The minimum setback for principal and conditional use structures is 25 feet.

                                                  (ii)        The minimum setback of accessory structures is 10 feet.

(e)          Yard, rear.

                                                   (i)        The minimum setback for principal and conditional use structures is 25 feet.

                                                  (ii)        The minimum setback of accessory structures is 10 feet.

(f)           Building Height. The maximum height for any structure is thirty-five (35) feet or two and one-half (2½) stories in height. Accessory structures shall not exceed eighteen (18) feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point..

(g)         Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

(h)         Fencing. All fences shall meet requirements according to the State Building Code.  No fence shall exceed eight (8) feet in height. Fences must be set back from any lot line at least two (2) feet, and the fence structure and any lawn area under the fence must be maintained.  The exception to the eight (8) foot maximum fence height is the first 35 feet from any public roadway, which is limited to three (3) feet in height.

1.3.6. High Density Residential (HDR)

(1)     Purpose.  The purpose of the High Density Residential (HDR) district is to provide areas for a variety of residential uses, including single-family residential development at fairly high densities and multiple occupancy developments.  This district will be located in areas with an existing mixture of residential types, certain regions that are served by public sewer, and other locations where high-density residential developments are appropriate (minimum of 1/2 acre, exclusive of road right-of-way).

 

(2)     Principal Uses. The following uses are allowed in the HDR district:

(a)      Single-family and two-family residences.

(b)     Community living arrangements with a capacity for 8 or fewer and foster homes, subject to the limitations set forth in Wis. Stat. § 60.63.

 

(c)      Community living arrangements with a capacity for 9 to 15 persons, subject to the limitations set forth in Wis. Stat. § 60.63.

 

(d)     Essential services.

 

(e)      Manufactured home parks.

(f)      Multi-family dwellings.

(3)     Accessory Uses.  The following uses are allowed in the HDR district, subject to any applicable provisions contained in Part 5.

 

(a)      Home occupations.

(b)     Private garages.

(c)      Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

 

(d)     Small wind energy systems.

(e)      Solar energy systems.

(f)      Other accessory structures and uses that are incidental to the principal use, provided that the structure or use does not include any activity commonly conducted as a business.

 

(4)     Conditional Uses.  The following uses are allowed in the HDR district upon the issuance of a conditional use permit:

 

(a)      Community living arrangements with a capacity for serving 16 or more persons, subject to the limitations set forth in Wis. Stat. § 60.63.

 

(b)     Community uses.

(c)      Day care.

(d)     Utilities.

 

(e)      Vacation home rentals.

 

(5)     Yard Requirements.  The following requirements apply to the HDR district:

(a)          Land Area. The minimum lot size is 21,780 ft.2 (1/2 acre), exclusive of road right-of-way.

(b)         Frontage. The minimum lot width is 100 feet.

(c)          Yard, front.

                                                   (i)    The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                  (ii)    The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d)         Yard, side.

                                                   (i)    The minimum setback for principal and conditional use structures is 7½ feet.

                                                  (ii)    The minimum setback of accessory structures is 5 feet.

(e)          Yard, rear.

                                                   (i)    The minimum setback for principal and conditional use structures is 7½ feet.

                                                  (ii)    The minimum setback of accessory structures is 5 feet.

(f)           Building Height. The maximum height for any structure is thirty-five (35) feet or two and one-half (2½) stories in height. Accessory structures shall not exceed eighteen (18) feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.

(g)         Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

(h)         Fencing. All fences shall meet requirements according to the State Building Code.  No fence shall exceed eight (8) feet in height. Fences must be set back from any lot line at least two (2) feet, and the fence structure and any lawn area under the fence must be maintained.  The exception to the eight (8) foot maximum fence height is the first 35 feet from any public roadway, which is limited to three (3) feet in height.

1.3.7. Commercial/Business (CB)

(1)     Purpose.  The purpose of the Commercial/Business (CB) district is to provide areas for mixed residential and commercial use.  It will encompass areas that already have this mixed use, as well as those areas where expansion of this mixed use is desired. It will typically be located within or near existing communities, but may also be used in outlying areas and to facilitate small development nodes (minimum of 10,000 ft.2, exclusive of road right-of-way).

 

(2)     Principal Uses. The following uses are allowed in the CB district:

 

(a)      Activity and recreation centers.

 

(b)     Auto, truck, trailer, and other equipment sales and rentals.

(c)      Bowling alleys.

(d)     Building, electrical, heating, lumber, and plumbing supply yards.

 

(e)      Bulk storage of agricultural products, cooperatives, feed mills, and fertilizer plants.

 

(f)      Business and professional offices and services.

(g)     Cabinet making and woodworking.

(h)     Car washes.

 

(i)      Commercial storage.

(j)      Community uses.

(k)      Contractor or trade storage.

 

(l)      Dairies and dairy-processing businesses, such as cheese factories. (m)      Essential services.

(n)     Farm equipment and implement sales.

(o)     Food lockers.

(p)     Fruit and vegetable stands.

 

(q)     Funeral homes and crematoriums.

 

(r)      Furniture repair, sales, and upholstery.

(s)      Gas stations and convenience stores.

(t)      Hotels.

(u)      Manufactured home sales and service.

(v)      Mini-warehouses.

(w)     Motels.

 

(x)      Parking areas and ramps.

 

(y)      Printing and duplicating shops.

 

(z)      Private clubs and lodges, except adult entertainment establishments.

(aa)    Public uses.

(bb)    Restaurants.

 

(cc)    Self-service laundromats.

(dd)    Signs and billboards.

(ee)    Single-family residences.

(ff)     Small wind energy systems.

(gg)    Stores for conducting retail, service, or wholesale business.

(hh)    Taverns.

(ii)      Theaters, except outdoor theaters.

 

(jj)     Trailer and truck rentals.

 

(kk)    Vehicle and equipment sales, service, and showrooms.

(ll)      Utilities.

(3)     Accessory Uses.  The following accessory use is allowed in the CB district:

 

(a)      Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

 

(4)     Conditional Uses.  The following uses may be allowed in the CB district upon the issuance of a conditional use permit:

 

(a)      Adult entertainment establishments, subject to any applicable provisions contained in Part 5.

 

(b)     Auto salvage yards.

 

(c)      Banquet and dance halls.

(d)     Drive-in theaters.

(e)      Outdoor amusement centers.

(f)      Race tracks.

(g)     Shopping centers.

(h)     Sports arenas.

(i)      Telecommunication towers.

(j)      Transportation terminals.

(k)      Truck stops.

(l)      Water parks.

(5)     Yard Requirements.  The following requirements apply to the CB district:

(a)          Land Area. The minimum lot size is 10,000 ft.2, exclusive of road right-of-way.

(b)         Frontage. The minimum lot width is 100 feet.

(c)          Yard, front.

                                                   (i)        The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                  (ii)        The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d)         Yard, side.

                                                   (i)        The minimum setback for principal and conditional use structures is 7½ feet.

                                                  (ii)        The minimum setback of accessory structures is 5 feet.

(e)          Yard, rear.

                                                   (i)        The minimum setback for principal and conditional use structures is 7½ feet.

                                                  (ii)        The minimum setback of accessory structures is 5 feet.

(f)           Building Height. The maximum height for any structure is sixty (60) feet. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point..

(g)         Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

(h)         Fencing. All fences shall meet requirements according to the State Building Code.  No fence shall exceed eight (8) feet in height. Fences must be set back from any lot line at least two (2) feet, and the fence structure and any lawn area under the fence must be maintained.  The exception to the eight (8) foot maximum fence height is the first 35 feet from any public roadway, which is limited to three (3) feet in height.

1.3.8. Industrial (ID)

(1)     Purpose.  The purpose of the Industrial (ID) district is to provide areas for manufacturing, warehousing, and other light industrial operations.  It may also be used for commercial storage facilities, contractor and trade establishments, and similar businesses.  However, such use may not be detrimental to the surrounding area or to the town as a whole because of dust, groundwater degradation, noise, odor, physical appearance, smoke, traffic, or other nuisance factors (minimum lot size is 1 acre, exclusive of road right-of-way).

 

(2)     Principal Uses. The following uses are allowed in the ID district provided that a site plan is submitted and approved by the planning and Zoning Committee:

 

(a)      Agricultural implement and equipment manufacture, sales, and service.

 

(b)     Analyzing, controlling, measuring, and recording instruments, including clocks; medical, optical, and photographic equipment; and watches.

 

(c)      Apparel and other finished products made from fabrics and similar materials.

 

(d)     Billboard manufacture.

 

(e)      Clay, concrete, glass, and stone products.

(f)      Coating, engraving, and allied services.

(g)     Computers and office equipment.

(h)     Contractor or construction shops, including air conditioning, building, cement, electrical, heating, refrigeration, masonry, painting, plumbing, roofing, and ventilation.

 

(i)      Electrical and electronic equipment and machinery.

(j)      Essential services.

(k)      Fabricated metal, wood, or plastic products, except machinery and transportation equipment.

 

(l)      Food and kindred products.

(m)     Furniture and fixtures.

(n)     Garages for the repair, sales, service, or storage of automobiles, tractors, trucks, and accessory equipment.

 

(o)     Infrastructure that is compatible with the district, including agricultural aeronautic facilities; communication uses, such as antennae, broadcast towers, cell towers, and transmission lines; drainage facilities; electrical transmission lines; gas, oil, and other pipelines; large wind energy systems; rail facilities; roads; solar energy facilities; and transportation uses.

 

(p)     Laboratories and research and development facilities.

(q)     Nonmetallic mining.

(r)      Printing, publishing, and allied products.

(s)      Public uses.

 

(t)      Radio and television offices, towers, and transmission facilities.

(u)      Research facilities.

(v)      Secondhand household equipment, store fixtures, and office furniture sales, storage, and reconditioning.

 

(w)     Sign painting studio.

 

(x)      Signs identifying the name and business of the occupant of a premises. (y)          Small wind energy systems.

(z)      Substations for electrical power and light.

(aa)    Utilities.

(bb)    Warehousing.

 

(cc)    Other uses not specifically listed, but which are deemed by the Planning and Zoning Committee to be similar to the uses listed above.

 

(3)     Accessory Uses.

 

(a)      Accessory structures and uses incidental to the principal use or to a permitted conditional use are allowed in the ID district, subject to any applicable provisions contained in Part 5, provided that a site plan is submitted and approved by the Planning and Zoning Committee.

 

(b)     Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

 

(4)     Conditional Uses.  The following uses may be allowed in the ID district upon the issuance of a conditional use permit:

 

(a)      Chemical and allied products production or storage facilities.

(b)     Community Uses.

(c)      Dwelling units for caretakers or guards.

(d)     Foundries.

(e)      Incinerators.

 

(f)      Junk yards, salvage yards, or other facilities for the baling, handling, processing, reclamation, recycling, remanufacture, sale, salvage, storage of junk or other second-hand or used materials.

 

(g)     Leather and leather products.

(h)     Lumber and wood products.

(i)      Paper and allied products.

(j)      Petroleum and other inflammable liquid bulk production, refining, or storage facilities.

 

(k)      Plastic products.

 

(l)      Quarries and gravel, sand, or stone crushing, grading, milling, mining, and washing operations (subject to CHAPTER 2 TOWN OF RUSHFORD NONMETALLIC MINERALS MINING ORDINANCE).

 

(m)     Rubber products.

 

(n)     Textile mills and textile products.

(o)     Machinery manufacturing.

(p)     Mini-warehouses.

 

(q)     Transportation equipment and parts.

 

(r)      Truck distribution, dispatching, loading, and transfer depots.

(s)      Solid waste facilities and transfer stations.

(5)     Yard Requirements.  The following requirements apply to the ID district:

(a)          Land Area. The minimum lot size is 1 acre, exclusive of road right-of-way.

(b)         Frontage. The minimum lot width is 150 feet.

(c)          Yard, front.

                                                   (i)      The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                  (ii)      The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d)         Yard, side.

                                                   (i)      The minimum setback for principal and conditional use structures is 25 feet.

                                                  (ii)      The minimum setback of accessory structures is 10 feet.

(e)          Yard, rear.

                                                   (i)      The minimum setback for principal and conditional use structures is 25 feet.

                                                  (ii)      The minimum setback of accessory structures is 10 feet.

(f)           Building Height. The maximum height for any structure is sixty (60).

(g)         Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

(h)         Fencing. All fences shall meet requirements according to the State Building Code.  No fence shall exceed eight (8) feet in height. Fences must be set back from any lot line at least two (2) feet, and the fence structure and any lawn area under the fence must be maintained.  The exception to the eight (8) foot maximum fence height is the first 35 feet from any public roadway, which is limited to three (3) feet in height.

 

(6)     Site Plan Requirement.  A site plan must be reviewed and approved by the Planning and Zoning Committee prior to the start of any new construction or any addition or alteration that adds more the 25% to the area of an existing structure or to the total area of all existing structures on the site.

 

(7)     Development Standards.  The development standards contained in this section are minimum standards and must be met by any industrial use established after the effective date of this ordinance or any applicable amendment and by any prior nonconforming use that is added to, altered, expanded, extended, or modified after the effective date of this ordinance or any applicable amendment.

 

(a)      Driving Surfaces.  All driveways, parking areas, and roads must be maintained in a durable and dustless condition.

 

(b)     Enclosures. All allowed and permitted uses must be conducted within completely enclosed buildings, unless outdoor uses have been included in a site plan that has been review and approved by the planning and park commission and subject to any conditions set by the board of adjustment.

 

(c)      Landscaping. All landscaping shown on an approved site plan must be established and maintained in a healthy condition.  Landscaping materials must be replaced when necessary.

 

(d)     Lighting.  Lighting used to illuminate any portion of the site must be shielded and arranged so that it does not directly shine on any abutting property.

 

(e)      Litter.  The site must be kept free of debris and refuse.

 

(f)      Loading and unloading.  Adequate space must be provided for the loading, parking, standing, and unloading of motor vehicles without undue interference with the public use of roadways.  No portion of a vehicle that is loading, parked, standing, or unloading may project into a public roadway.  A 12-foot by 65-foot loading space with a 15-foot clearance must be provided for each 20,000 square feet, or fraction thereof, of floor area or lot area used for other than incidental purposes.

 

(g)     Noise. The sound generated by a use may not exceed 70 decibels at the lot line.

 

(h)     Odor.  No use may cause or result in the emission of any substance or combination of substances into the ambient air and produce an objectionable odor unless preventative measures satisfactory to the town are taken to abate or control the emission.  An odor will be deemed objectionable when either or both of the following tests are met:

 

1.       If the town, upon investigation, determines that the odor is objectionable based upon the nature, intensity, frequency, and duration of the odor, taking into consideration the type of area involved and any other pertinent factor identified by the town.

 

2.       If 60% of a sample of persons exposed to the odor in their place of residence or employment, other than the place that is the odor’s source, find the odor to be objectionable based upon its nature, intensity, frequency, and duration.

 

(i)      Outdoor Storage.  Outdoor storage is permitted if the storage area is screened and the stored materials are not visible from any public road.

 

(j)      Parking.  At least 2 parking spaces must be provided for every 3 employees, based on the maximum number of persons employed during any shift.

 

(k)      Screening.  Required screening may be provided by use of fences, hedges or other plantings, and walls that are at least four feet in height.  Any required screening must be maintained in good condition.

 

(l)      Storm Water Drainage.  A storm water drainage plan must be included as part of the site plan.

 

(m)     Vibration. Ground vibrations generated by a use must not be perceptible at any point on the lot line without the use of instruments.

(n)     Other.  No use may emit dangerous or obnoxious fumes, glare, heat, or radiation that extends beyond any lot line on which the use is located.

1.3.9. Public Lands Institutional (PLI)

(1)         Purpose.  The intent of this District is to provide an area for public and private institutional and recreational uses. The area utilized for such a District should be such that it is compatible with and is an asset to the surrounding land uses (minimum of 1 acre, exclusive of road right-of-way).

 

(2)         Principal Uses. The following public and private institutional uses are allowed in the PLI district:

(a)          Cemeteries.

(b)         Colleges and Universities.

(c)          Conservatories.

(d)         Crematories.

(e)          Funeral Homes.

(f)           Gymnasiums.

(g)         Hospitals.

(h)         Parks and Playgrounds.

(i)           Religious and Charitable Institutions.

(j)           Sanitariums.

(k)          Schools.

(l)           Town Halls.

(m)        Public and Private Wastewater Treatment Plants.

(n)         Public and Private Landfills licensed by the State of Wisconsin.

(o)         Essential services.

(p)         Community living arrangements with a capacity for 8 or fewer and foster homes, subject to the limitations set forth in Wis. Stat. § 60.63.

(q)         Community living arrangements with a capacity for 9 to 15 persons, subject to the limitations set forth in Wis. Stat. § 60.63.

(3)         Accessory Uses.  The following uses are allowed in the PLI district, subject to any applicable provisions contained in Part 5.

(a)          Roadside stand, one, which must be placed outside the right-of-way and which may not interfere with or present a hazard to any person, property, or traffic.

(b)         Clubs, taverns, nightclubs, restaurants, convenience goods and services when supportive of the principal use.

(c)          Small wind energy systems.

(d)         Solar energy systems.

(e)          Other accessory structures and uses that are incidental to the principal use.

(4)         Conditional Uses.  The following uses are allowed in the PLI district upon the issuance of a conditional use permit:

(a)          Airports, airstrips and landing airfields with a minimum area of twenty (20) acres.

(b)         Golf Courses.

(c)          Campgrounds.

(d)         Driving Ranges.

(e)          Archery and firearm ranges (outdoors).

(f)           Sports fields.

(g)         Arboretums.

(h)         Zoological and botanical gardens.

(i)           Race tracks.

(j)           Exposition and fairgrounds.

(k)          Riding academies and stables.

(5)         Yard Requirements.  The following requirements apply to the PLI district:

(a)          Land Area. The minimum lot size is one acre, exclusive of road right-of-way.

(b)         Frontage. The minimum lot width is 150 feet.

(c)          Yard, front.

(i)     The minimum setback distance required from a town road is 60 feet from the center line and not less than 25 feet from the right-of-way line.

                                                  (ii)    The minimum setback distance required from a county or state trunk highway is 100 feet from the center line and not less than 25 feet from the right-of-way line.

(d)         Yard, side.

(i)     The minimum setback for principal and conditional use structures is 7½ feet.

                                                  (ii)    The minimum setback of accessory structures is 5 feet.

(e)          Yard, rear.

(i)     The minimum setback for principal and conditional use structures is 7½ feet.

                                                  (ii)    The minimum setback of accessory structures is 5 feet.

(f)           Building Height. The maximum height for any structure is thirty-five (35) feet or two and one-half (2½) stories in height. Accessory structures shall not exceed eighteen (18) feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.

(g)         Vision Corner. A vision corner is an area of a property within a triangle created by a straight line connecting points seventy-five (75) feet back from the intersecting roadways.  Within this vision corner, no fences, walls, signs and maintained shrubbery shall exceed three (3) feet in height and no part of any building shall be allowed.

(h)         Fencing. All fences shall meet requirements according to the State Building Code.  No fence shall exceed eight (8) feet in height. Fences must be set back from any lot line at least two (2) feet, and the fence structure and any lawn area under the fence must be maintained.  The exception to the eight (8) foot maximum fence height is the first 35 feet from any public roadway, which is limited to three (3) feet in height.

 

1.4.            STANDARDS

1.4.1. Nonconforming Lots of Record

(1)       Generally. A nonconforming lot may be used for an allowable use, provided such use complies with all other development standards of the zoning district in which the lot is located.

(2)         Alteration of property boundary lines. The location of a property boundary line of a nonconforming lot shall not be moved, except when the adjoining lot being made smaller and development on such lot comply with all dimensional requirements of the district in which it is located and the new property boundary line location will make the nonconforming lot to be conforming or lessen the nonconformity.

 

1.4.2. Nonconforming Structures

 

(1)         Reconstruction. A nonconforming structure containing a conforming use may be rebuilt, in whole or in part, if the reconstructed structure is not located on more than one parcel and is identical in all respects to its size, shape, height, and footprint at the time of reconstruction. Prior to the issuance of a zoning permit, the applicant shall provide a survey, conducted by a licensed land surveyor, verifying all setbacks of the existing non-conforming structure, as well as the structure’s footprint and square footage.

(2)         Enlargement