CH. 1 - GENERAL ZONING

1.1. INTRODUCTION

1.1.1. Authority, Purpose and Intent (back to top)

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 (back to top)

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 (back to top)

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 (back to top)

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 (back to top)

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 (back to top)

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 (back to top)

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 (back to top)

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 (back to top)

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.

(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.

(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 (back to top)

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)

(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) (back to top)

(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.

(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.

(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 land area is 20 acres, exclusive of the road right of way, subject to the two exceptions set forth below.

(i) A parcel or lot that is a minimum of 20 acres may be subdivided once into two smaller parcels. The smaller parcel may not be less than one acre in size.

(ii) A parcel or lot that is a minimum of 20 acres may be subdivided into more than two parcels provided that, if more than two parcels are created the minimum lot size shall be five (5) acres and the new parcel or parcels are conveyed to an immediate family member. An immediate family member is defined as a parent, child, grandchild, sibling, or a spouse of one of them. A certified survey map shall be required to divide the parcel or lot under either exception. The certified survey map shall note whether additional divisions are allowed or whether they are prohibited and shall indicate that the restriction may be removed by action of the Town. (updated 1/5/2022)

(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.

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.

(h) All residences shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)

1.3.3. Large Estate Residential (LER) (back to top)

(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.

(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.

(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.

(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..

(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.

(i) All residences shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)

1.3.4. Small Estate Residential (SER) (back to top)

(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.

(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.

(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.

(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.

(i) All residences shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)

1.3.5. Rural Residential (RR) (back to top)

(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.

(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.

(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.

(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.

(i) All residences shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)

1.3.6. High Density Residential (HDR) (back to top)

(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.

(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.

(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.

(i) All residences and dwelling units shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)

1.3.7. Commercial/Business (CB) (back to top)

(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.

(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.

(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.

(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..

(i) All residences and dwelling units shall have a minimum size of 1,000 square feet. (Changed 1/5/2022)

1.3.8. Industrial (ID) (back to top)

(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.

(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.

(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.

(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.

(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).

(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) (back to top)

(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.

(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.

(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.

(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 100 feet.

(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.

1.4. STANDARDS

1.4.1. Nonconforming Lots of Record (back to top)

(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 (back to top)

(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. The structure may be enlarged provided the portion of the structure being added complies with all applicable dimensional standards, including setback and building height standards.

(3) Reconstruction following damage. A nonconforming structure that is damaged by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation on or after March 2, 2006, may be restored to its condition (size, location, and use) prior to the damage, except the structure may be larger when necessary to comply with state or federal requirements (s. 59.69(10m), Wis. Stats.)

(4) Unsafe conditions, ordinary maintenance, and remodeling. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof, ordinary repair and maintenance, or remodeling provided that the work conforms to the provisions in this chapter.

1.4.3. Nonconforming Uses (back to top)

(1) Generally. A nonconforming use may continue to exist so long as it remains otherwise lawful, subject to the provisions in this section.

(2) Cessation of use. If a nonconforming use ceases for any reason, whether intentional or otherwise, for more than 12 continuous months, such use shall not be reestablished (s. 59.69(10)(a), Wis. Stats.). A business of a seasonal nature shall not be deemed discontinued during periods which it is normally inactive (i.e., marinas, ski hills, campgrounds). If the zoning administrator determines that a nonconforming use has ceased to operate for more than the aforementioned time period, he or she shall initiate the process established under part 8 section 2 (1.8.2). However, if a temporary structure houses a nonconforming use, such use shall terminate upon cessation of such use (s. 59.69(10)(a), Wis. Stats.).

(3) Change in extent. Except as may be provided in this article or in state law, a nonconforming use shall not be enlarged, increased, or expanded and shall not occupy a greater area than what existed on the effective date of this chapter or any amendment thereto that created the nonconforming use.

(4) Limitation on structural alterations. Structural alterations to a structure housing a nonconforming use shall not be permitted; however, ordinary maintenance and repair shall be allowed.

(5) Damage to structure housing nonconforming use. If a structure housing a nonconforming use is damaged beyond 50 percent of its present equalized assessed value, such use shall not be reestablished.

(6) Change of location. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or to another structure than what was occupied on the effective date of this chapter or any amendment thereto that created the nonconforming use.

(7) Casual, occasional, accessory, or incidental use. Casual, occasional, accessory, or incidental use after the primary nonconforming use has terminated, shall not be deemed to perpetuate a nonconforming use (Village of Menominee Falls v. Veirstahler, 183 Wis. 2d 96, 515 N.W.2d 290 (Ct. App. 1994)).

(8) Change of production. A change in the method or quantity of production and the incorporation of new technology into a nonconforming use is permitted provided the original character of the use remains the same (Racine County v. Cape, 2002 WI App 19, 250 Wis. 2d 44, 639 N.W.2d 782, 01-0740).

(9) Nonconforming use as a public nuisance. A nonconforming use, regardless of its duration, may be prohibited or restricted if it constitutes a public nuisance or is harmful to the public health, safety, or welfare (Town of Delafield v. Sharpley, 212 Wis. 2d 332, 568 N.W.2d 779 (Ct. App. 1997, 96-2458)).

(10) Unsafe conditions. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof, provided that such work conforms to the provisions in this chapter.

1.4.4. Site Restrictions (back to top)

(1) No structure may be constructed, erected, or moved onto land that is unsuitable by reason of adverse soil or rock formations, concentrated runoff, flooding, inadequate drainage, low percolation rate or bearing strength, susceptibility to erosion, unfavorable topography, or any other reason deemed likely to be harmful to the aesthetics, general welfare, health, prosperity, and safety of the community.

(2) A lot must have a minimum of 100 feet of frontage abutting upon a public street or an approved private street.

(3) The depth, width, and overall area of a lot must be sufficient to permit the location of a conforming and legal private onsite wastewater treatment system (POWTS) if it is not serviced by a municipal wastewater treatment system.

1.4.5. Use Restrictions (back to top)

(1) No land or structure, and no part of any land or structure, may be used or occupied for any purpose unless the use or occupancy complies with the requirements of this ordinance.

(2) No land or structure, and no part of any land or structure, may be used for any purpose if it is unsuitable for that purpose by reason of adverse soil or rock formations, concentrated runoff, flooding, inadequate drainage, low percolation rate or bearing strength, susceptibility to erosion, unfavorable topography, or any other reason deemed likely to be harmful to the aesthetics, general welfare, health, prosperity, and safety of the community.

(3) Principal uses in a zoning district are limited to those principal uses specified for the district in this ordinance.

(4) A principal structure must be located on a lot and only one principal structure may be constructed, erected, or moved onto a lot.

(5) Conditional uses in a zoning district are limited to those conditional uses specified for the district in this ordinance.

(6) Conditional uses and accessory uses to conditional uses are special uses that require an application, review, public hearing, approval by the board of adjustment, and issuance of a conditional use permit.

(7) Temporary structures that are constructed using a frame made out of metal, pvc, wood, or a similar material; that are covered by canvas, fabric, vinyl, or a similar material are allowed, provided that, the temporary structures meet all setbacks, size and height limits and other requirements for accessory buildings. (Changed 01/05/2022)

1.4.6. Height Exceptions (back to top)

The height limitation specified for a zoning district may be exceeded for the following structures if the front, rear, and side setbacks for the structure are increased by one foot for each foot that the structure exceeds the district’s height limitation:

(1) Accessory farm structures, such as gas tanks, grain elevators, scenery lofts, and silos.

(2) Architectural projections such as belfries, chimneys, cupolas, domes, flues, parapet walls, and spires.

(3) Communication structures, such as aerials, antenna, and towers.

(4) Electric power lines and substations.

(5) Essential services.

(6) Manufacturing equipment and necessary mechanical appurtenances.

(7) Smoke stacks.

(8) Towers, including cooling towers, fire towers, radio, microwave, and television towers, and water towers.

(9) Utilities and utility services.

1.5. SUPPLEMENTAL REGULATIONS

1.5.1. General Standards (back to top)

This Part contains standards that apply to principal, accessory, and conditional structures and uses that are in addition to the applicable requirements contained in section 1.3 or in any other applicable section of the town code.

1.5.2. Accessory Structures (back to top)

(1) An accessory structure is not permitted unless a principal structure exists on the same zoning lot or unless a zoning permit for a principal structure is issued at the same time that the accessory structure permit is issued.

(a) An accessory structure may be allowed upon the issuance of a conditional use permit.

(2) An accessory structure may not exceed the maximum permitted height for the zoning district in which it is located.

(3) An accessory structure may not be erected within any required front setback.

(4) Campers, ice shanties, manufactured homes, and truck trailers may not be used as accessory structures and cannot be converted for storage or other purposes.

(5) In all districts, except in General Agriculture district, the use of shipping or cargo containers for storage is a conditional use. A container shall not be larger than 8 feet by 20 feet wide and long. There shall be no more than one container per contiguous land area in common ownership. A contiguous land area is a land area that is composed of one lot or two or more lots that are adjacent to or abut each other. A container shall be painted in a manner that is consistent with and visually complementary to the owner’s other buildings and it shall be maintained in good condition. (Updated 1/5/2022)

1.5.3. Adult Entertainment Establishments (back to top)

(1) In recognition of the protection afforded to the citizens under the 1st and 14th Amendments of the Constitution of the United States, the purpose of this section is to regulate the location of specifically defined activities and materials consistent with the town’s interest in the present and future character of its development, and this section is not intended to inhibit any person’s freedom of speech or the freedom of the press. For that reason, commercial establishments dealing in adult entertainment activities and materials are permitted as a conditional use in any Commercial/Business (CB) district.

(2) The following uses are only permitted as conditional uses:

(a) Commercial establishments that display, disseminate, give away, lease, offer for view, possess for sale, publish, rent, sell, or otherwise deal in any facsimile, film, machine, mechanical device, model, picture, printed matter, sound recording, written matter, or other material or paraphernalia depicting sexual conduct or nudity and that exclude minors by reason of age.

(b) Commercial establishments that display for viewing any film or pictures depicting sexual conduct or nudity and that exclude minors by reason of age.

(c) Commercial establishments in which any person appears or performs in a manner depicting sexual conduct or involving nudity and from which minors are excluded by reason of age.

(3) The conditional uses allowed by this section are subject to the following provisions:

(a) No permit may be granted where the proposed establishment is within 2,000 feet of any church, funeral parlor, historic district or site listed in the State or National Register of Historic Places, hospital, library, museum, park, playground, restaurant, school, or any other private or public building or premises likely to be utilized by persons under the age of 18 years.

(b) No permit may be granted if the proposed establishment is within 2,000 feet of any pre-existing establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.

(c) No permit may be granted where the proposed establishment is within 2,000 feet of any area zoned residential in the same or a contiguous town or municipality.

(d) The applicant must provide the town with detailed information regarding use of the proposed establishment. If the application is for an establishment under subpar. (2)(a) or (2)(b), the applicant must furnish representative samples of the materials that will be available at the establishment. If the application is for an establishment under subpar. (2)(c) of this subsection, the applicant must provide a detailed description of the proposed activity to be conducted at the proposed establishment.

(e) The applicant must provide the name and address of the owners and occupants of all property within 1,000 feet of the proposed establishment.

(f) Billboards, portable signs, and towers are prohibited on the premises. No flashing or traveling lights may be located on or visible from the exterior of the structure in which the establishment is located. No sign may depict specified anatomical areas or specified sexual activity.

(g) All access points to the establishment and all windows or other openings must be constructed, covered, located, or screened in a manner that prevents viewing the interior of the establishment from any public or semipublic area.

(h) Adequate parking must be provided in a lighted area.

(i) The hours of operation for such establishments are limited to the same hours of operations for bars and taverns within the community in which the district is located.

(j) When acting on an application for a conditional use permit for an adult entertainment establishment, the planning and zoning committee shall consider, in addition to usual factors taken into consideration for all conditional use permits, the protection of property values in the affected area; the preservation of neighborhoods; the tendency of such establishments to cause increases in noise, traffic, and other factors interfering with the quiet and peaceful enjoyment of the neighborhood; the tendency of such establishments to encourage residents and businesses to move elsewhere; the tendency of such establishments to attract an undesirable quantity or quality of transients; the tendency of such establishments to cause increases in crime, especially prostitution and sex-related crimes; the tendency of such establishments to increase the need for policing; the protection of minors from the activities conducted and materials available at such establishments; and any other factors related to the proposed use that may affect the health, safety, and general welfare of the community.

(k) If a protest signed by 51 percent or more of the adult residents and property owners within 500 feet of the proposed establishment is filed with the town, a unanimous vote of the Town Board is required to issue a conditional use permit.

1.5.4. Airports and Landing Strips (back to top)

(1) A tract of land used for an airport or landing strip must be of sufficient size and adequate in all other respects to provide for the safe operation of the facility and to prevent hazards to surrounding property.

(2) An airport or landing strip may not interfere with the development of any thoroughfare in the area.

1.5.5. Telecommunications Towers and Antennas (back to top)

(1) Purpose. The intent of this section is to provide a uniform and comprehensive set of standards for the development and installation of telecommunication towers, antennas, and related facilities. The regulations are designed to protect and promote public health, safety, community welfare, aesthetic quality of the Town of Rushford, and encourage managed development of telecommunication infrastructure. The section shall:

(a) Provide a process for obtaining necessary permits for telecommunication facilities, while at the same time protecting the interests of the citizens of the Town of Rushford.

(b) Ensure that a non-discriminatory, competitive, and broad range of telecommunication services and high quality telecommunications are provided to serve the community.

(d) Protect environmentally sensitive areas of the Town of Rushford by regulating the location, design, and operation of telecommunication towers, antennas, and related facilities.

(e) Encourage the use of alternative support structures, co-location of new antennas on existing telecommunication towers, camouflaged towers, and construction of towers with the ability to locate three or more providers.

(2) Exemptions. This Ordinance shall not govern the installation and or use of:

(a) Television antennas, satellite dishes, and receive-only antennas, provided that they are for personal use of the landowner, the primary use of the property is not a "telecommunication facility", and the antenna use is accessory to the primary use of the property.

(b) Amateur radio antenna and their supporting towers, poles, and masts that are owned and/or operated by a federally-licensed amateur radio operator or is used exclusively for receive-only antennas.

(d) Any other devices not mentioned above that are exempt according to Section 704 of the Telecommunications Act of 1996.

(3) General Requirements. These provisions shall apply to all telecommunications facilities located within the Town of Rushford.

(a) All telecommunication facilities shall comply with Federal Communication Commission (FCC), Wisconsin State Bureau of Aeronautics, Occupational Safety and Health Association (OSHA), and Federal Aviation Administration (FAA) rules and regulations. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna by the governing authority at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed.

(b) All telecommunication facilities shall comply with the manufacturer's specifications as it relates to design and installation.

(c) To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state and local building codes, and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the governing authority may remove such tower at the expense of the tower or antenna owner, or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed.

(d) The landowner shall provide written authorization for siting the telecommunication facilities on a leased property.

(e) All towers and antennas must be adequately insured for injury and property damage.

(f) Any required federal, state, or local agency licenses shall be provided prior to the issuance of the building permit for proposals to erect new telecommunication facilities.

(g) No sign, other than warning, permit number, or equipment information, shall be affixed to any telecommunication facilities.

(h) No telecommunication facility shall be artificially illuminated or have strobe lights attached to it unless required by FCC or FAA regulations. Light, if required, shall be shielded from the ground.

(i) Camouflaged telecommunication facilities are encouraged and may be required in historical, environmental; or other sensitive areas as determined by the Town of Rushford.

(j) All telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted that a guyed tower is required.

(k) Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety or fire protection telecommunication facilities. The applicant at no cost to the Town shall correct any actual interference and/or obstruction.

(l) A bond with a corporate surety, duly licensed in the State of Wisconsin, in the amount of twenty thousand dollars ($20,000) to assure that the applicant, its representatives, its agents, and its assigns will comply with all the terms, conditions, provisions, requirements, and specifications contained in this ordinance, including abandonment.

(4) Prohibited Areas for Telecommunication Facilities. No telecommunication facility may be located in the following areas:

(a) Floodplains

(b) Wetlands

(d) Residential-zoned districts

Notwithstanding the above, the Planning & Zoning Administrator shall issue a land use (building) permit in all residential, agricultural, commercial, and industrial zoning districts provided:

(a) The applicant requests to attach an antenna to an existing tower, structure, or utility pole, and,

(b) The antenna does not extend more than twenty (20) feet above the highest point of an existing tower, structure, or pole.

(5) Conditional Use Permit Requirements. All applications for conditional use permits shall include the following information:

(a) A report from a registered professional engineer and/or other professionals which:

(1) Describes the facility's height and design, including a cross-section and elevation;

(2) Certifies the facility's compliance with electrical standards and structural standards that allow it to accommodate at least three (3) antennas;

(3) Describes the tower's capacity, including the potential number and type of antennas that it can accommodate;

(4) Describes the lighting to be placed on the facility if required by the FCC or FAA;

(5) Certifies that the facility will not cause destructive interference with previously established public safety communication system;

(6) A plat of survey showing the parcel boundaries and a legal description, support facilities, location, access, landscaping and fencing;

(7) Federal Communication Commission (FCC) license and registration numbers, if applicable. Also copies of Findings of No Significant Impacts statement from FCC or Environmental Impact Study, if applicable;

(8) Proof of liability coverage that is satisfactory to the Planning & Zoning Committee;

(9) An alternatives analysis shall be prepared by the applicant which identifies all reasonable, technically feasible alternative locations and/or facilities which could provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the Town. The analysis shall address the potential for co-location and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. The Town may require independent verification of this analysis at the applicant's expense.

(10) A tabular and map inventory of all the applicant's existing telecommunication towers that are located within the Town of Rushford and includes all of the applicant's towers within fifteen hundred (1,500) feet of the Town’s corporate boundary. The inventory shall specify the location, height, type, and design of each of the applicant's existing telecommunication towers and the ability of the tower or antenna structure to accommodate additional co-location antennas.

(b) Each application shall include a facility plan. The Town will maintain an inventory of all existing and proposed telecommunication facility installations. All applicants shall provide the following information in each plan:

(1) Written description of the type of consumer services each applicant will provide to its customers (cellular, PCS, SMR, ESMR, paging, or other anticipated telecommunication services), the carrier provider, applicant, landowner, and service provider.

(2) Provide a list of the applicant's existing telecommunication sites, existing sites to be upgraded or replaced, and proposed facility sites as they are determined and requested within the Town and within fifteen hundred (1,500) feet of the Town’s corporate boundary.

(3) Provide a map of the area that shows the geographic service areas for the provider of the existing and proposed facility sites as they are determined and requested by the provider.

(4) The name, address, and telephone number of the officer, agent, and/or employee responsible for the accuracy of the application.

(c) Written acknowledgement by the landowner of a leased site that he/she will abide by all applicable terms and conditions of the building permit or conditional use permit.

(d) Additional Information and Analysis

(1) The Code Administrator or the Planning & Zoning Committee may, at his/her or its discretion, require visual impart demonstrations, including mock-ups and/or photo montages, screening and painting plans, network maps, alternative site analysis, lists of other nearby wireless telecommunication facilities, or facility design alternatives for the proposed facilities.

(2) The Code Administrator or Planning & Zoning Committee may employ, on behalf of the Town, an independent technical expert to review technical materials submitted by the applicant or to prepare any technical materials required but not submitted by the applicant. The applicant shall pay the costs of such review and/or independent analysis.

(6) Performance Standards. Except as provided in this subchapter, all telecommunication facilities shall meet the dimensional standards of the zoning district in which they are located. Where the facilities are the principal use on a separate parcel, the parcel shall meet the minimum lot size requirements of the respective zoning district. On a parcel of land that already has a principal use, the facilities shall be considered an accessory use and a smaller area of land may be leased provided that all requirements of this ordinance can be met.

(a) Setbacks and Separation

(1) The tower shall be set back from the nearest property line a distance equal to the height of the facility. This setback may be reduced to one-half the height of the facility if the applicant submits an engineering report from a registered professional engineer that certifies that the facility is designed and engineered to collapse upon failure within the distance from the facility to the property line. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.)

(2) The tower shall not be located within five hundred (500) feet of any residence other than the applicant's residence.

(3) Towers shall be set back from the nearest road right-of-way a distance equal to the height of the tower or the setbacks established according to the Zoning Districts of this ordinance, whichever is greater.

(4) All guy wire anchors shall be at least twenty-five (25) feet from all property lines except on leased parcels.

(b) Co-Location/Sharing of Facilities

No new facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing facility tower or structure can accommodate the applicant's proposed antenna. Supporting evidence may consist of any of the following conditions:

(1) No existing facility towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

(2) Existing facility towers or structures are not of sufficient height to meet the applicant's engineering requirements.

(3) Existing facility towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4) The applicant's proposed system would cause electromagnetic interference with the system on the existing tower or structure, or the system on the existing facility tower or structure would cause interference with the applicant's proposed system.

(5) The fees, cost, or contractual provisions required by the owner to share an existing facility tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are considered unreasonable.

(6) The applicant demonstrates that there are other limiting factors that render existing facility towers or structures unsuitable.

(7) New facilities shall be designed structurally and electrically to accommodate the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is one hundred thirty (130) feet or more in height. Towers must also be designed to allow for future rearrangement of antennas on the tower and accept antennas mounted at different heights.

The tower location shall provide for the maximum amount of screening of the facilities. The site shall be landscaped with a buffer of plant materials that effectively screens the view of all tower accessory structures, equipment, and improvements at ground level from adjacent properties. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the area where tower accessory structures and equipment are located at ground level. In locations where the visual impact of the tower would be minimal, the landscaping requirements may be reduced or waived by the governing authority. Existing mature vegetation and natural landforms on the site shall be preserved to the maximum extent possible.

(d) Security Fencing and Lighting

(1) All towers shall be reasonably protected against unauthorized access. The bottom of the tower shall be enclosed with a minimum of an 8-foot high fence with a locked gate.

(2) Security lighting for on-ground facilities equipment is permitted as long as it is down-shielded to keep light within the boundaries of the site.

(e) Color and Materials

(1) All towers and antennas shall use building materials, colors, textures, screening, and landscaping that blends the facilities with the surrounding natural features to the greatest extent possible. The tower shall be painted light blue or other color that is demonstrated to minimize visibility. Galvanized towers may be permitted.

(2) All metal towers shall be constructed or treated with corrosion resistant material.

(f) Parking and Access

Adequate parking spaces shall be provided on each site so that parking on public road right-of-ways will not be necessary. An all-weather driveway to the tower, with access to a public road, must be built before operations begin.

(g) Height

The applicant shall identify the height of the proposed tower and provide justification for the height chosen. The Planning & Zoning Committee can modify the height after review of the application. Satellite dishes and parabolic antennas shall be situated as close to the ground as possible to reduce the visual impact without compromising their function.

(7) Revocation

(a) Grounds for Revocation.

Grounds for revocation of the conditional use permit shall be limited to one of the following findings as determined by the Town of Rushford Planning & Zoning Committee:

(1) The owner of such site, service provider, and/or tower owner fails to comply with the requirements of this ordinance as it existed at the time of the issuance of the conditional use permit.

(2) The permittee has failed to comply with the conditions of approval imposed.

(3) The facility has not been properly maintained.

(4) A permit shall expire twelve (12) months after issuance if the tower and/or supporting facilities have not been erected. An extension of time may be granted by the Planning & Zoning Committee upon request.

(b) Revocation Process:

(1) If one of the findings exists, the Town shall notify the permittee of the noncompliance. The permittee will be given an opportunity to present their position to the Planning & Zoning Committee or a minimum of 30 days to comply.

(2) If compliance is not received within 30 days, the Planning & Zoning Committee shall hold a hearing to review the noncompliance. Notice shall be given, testimony received, and a written decision made by the Planning & Zoning Committee based on substantial evidence.

(8) Abandonment

Rushford when the facility is no longer in operation. All obsolete, damaged, unused, or abandoned towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations unless the Town approves a time extension. After the facilities are removed, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed from the ground to within five (5) feet of ground level. If removal and/or restoration is not completed, the Planning & Zoning Administrator may order removal utilizing a performance bond which shall be provided by the telecommunication provider to the amount of $20,000. The Town of Rushford will be named as obligee in the bond and must approve the bonding company.

1.5.6. Automobile Wrecking Yards, Dumping Grounds, Junk Yards, Sanitary Land Fills, and Salvage Yards (back to top)

(1) Any automobile wrecking yard, dumping ground, junk yard, sanitary land fill, or salvage yard must be located so that it does not prevent or interfere with the proper development of the surrounding area.

(2) Any automobile wrecking yard, dumping ground, junk yard, sanitary land fill, or salvage yard must be adequately fenced or otherwise screened year round with a dense shrub growth to prevent unsightliness and the blowing of materials off of the premises.

(3) The minimum side and rear setback for any automobile wrecking yard, dumping ground, junk yard, sanitary land fill, or salvage yard is 50 feet.

(4) The planning and zoning committee shall take into consideration the temporary nature of dumping and sanitary land fill operations and the public necessity for waste disposal in considering the application for a conditional use permit for a dumping ground or sanitary landfill operation.

1.5.7. Cemeteries (back to top)

(1) The site of a proposed cemetery must not prevent or interfere with the proper development of thoroughfares in the area.

(2) Any burial plot or structure must be set back at least 100 feet from any street or highway right-of-way line.

(3) It is unlawful for a person to locate a grave anywhere other than in a cemetery that has been established in accordance with Wis. Stat. § 157.065.

1.5.8. Conservation Clubs, Shooting Clubs, and Shooting Ranges (back to top)

(1) The club or range and any structure associated with the club or range must be located so that the use of a firearm on the premises does not create a nuisance or danger to any person or property on any adjacent parcel.

(2) Accessory uses, such as a bar, dining facility, kitchen, or storage shed that is incidental to the operation of the club or range, are allowed.

1.5.9. Convalescent Homes, Hospitals, Public Buildings, Nursing Homes, Sanitariums, and Utilities (back to top)

(1) The site of a proposed convalescent home, hospital, public building, nursing home, sanitarium, or utility must not interfere with or prevent the development and use of the surrounding land in the principal uses of the district.

(2) The minimum side and rear setback for any convalescent home, hospital, public building, nursing home, sanitarium, or utility is 50 feet.

(3) The grounds surrounding any convalescent home, hospital, public building, nursing home, sanitarium, or utility must be appropriately landscaped.

(4) A sufficient number of off-street parking spaces must be provided to assure that employees, visitors, or others to a convalescent home, hospital, public building, nursing home, sanitarium, or utility do not need to park on any public right-of-way during normal periods of activity.

1.5.10. Parking Spaces; and Loading, Standing, and Unloading Areas (back to top)

(1) General Requirements. The following general requirements apply to; parking spaces; and loading, standing, and unloading areas:

(a) Access. A parking space or loading, standing, or unloading area must be served by separate ingress and egress driveways or by an adequate turn-around that is always available and useable.

(b) Bumper guards or wheel barriers. Any parking space or loading, standing, and unloading area associated with a commercial use must have bumper guards or wheel barriers installed so that no portion of a vehicle will project into a public right-of-way or over adjoining property.

(c) Location. A parking space or loading, standing, or unloading area may not be located in any yard that is adjacent to a street or highway.

(d) Screening. A parking, loading, standing, or unloading area that abuts a neighboring property in a residential district must be screened by a fence, hedge, or wall.

(e) Surfacing. A driveway; parking space; and loading, standing, and unloading area must have an all-weather surface, such as asphalt, gravel, or concrete, and must be graded and drained.

(f) Lighting. Any light used to illuminate a parking; or loading, standing, and unloading area must be directed away from any adjacent public street and away from any residence on an adjacent parcel.

(2) Automobile Parking Spaces.

(a) A minimum number of off-street automobile parking spaces are required for certain uses.

1. A bed and breakfast must provide at least 1 space for each lodging unit.

2. A bowling alley must provide at least 5 spaces for each alley or lane.

3. A commercial use must provide at least 1 space for every 300 square feet of floor area devoted to the primary use and 1 space for every 5,000 square feet of storage or warehouse area.

4. A dance hall or skating rink must provide at least 1 space for every 100 square feet of floor area used for dancing or skating.

5. A hotel must provide at least 1 space for each lodging unit.

6. A motel must provide at least 1 space for each dwelling unit.

7. An office must provide at least 1 space for every 3 employees.

8. A place of public assembly, such as an auditorium, church, meeting hall, or theater, must provide at least 1 space for every 6 seats, based maximum seating capacity.

9. A private club must provide at least 1 space for every 100 square feet of floor area.

10. A publicly owned service building must provide at least 1 space for every 400 square feet of floor area.

11. A residential use must provide at least 2 spaces per dwelling unit.

12. A restaurant must provide at least 1 space for every 200 square feet of floor area, plus 1 space for every 3 employees.

13. A retail operation must provide at least 1 space for every 200 square feet of floor area, plus 1 space for every 3 employees.

14. A tavern must provide at least 1 space for every 200 square feet of floor area, plus 1 space for every 3 employees.

15. A wholesale operation must provide at least 1 space for every 200 square feet of floor area, plus 1 space for every 3 employees.

(b) Each parking space must be not less than 9 feet wide and 17 feet long.

(c) The planning and zoning administrator may specify the number of spaces for any unlisted use based upon the nature and location of the use.

(d) The planning and zoning committee may require a greater number of spaces based upon the nature and location of the use when authorizing the issuance of a conditional use permit.

(3) Loading, Standing, and Unloading Spaces.

(a) A parcel that is used for commercial purposes must provide adequate space for loading, standing, and unloading motor vehicles in order to avoid undue interference with the public use of roadways, and no portion of a vehicle that is loading, standing, or unloading may project into a public roadway.

(b) A space for loading, standing, or unloading motor vehicles must be not less than 12 feet wide, 65 feet long, and 15 feet high.

(c) One space must be provided for each 20,000 square feet, or any fraction thereof, on a parcel that is used for commercial purposes.

(d) The loading, standing, and unloading space requirements may be modified or waived for a proposed commercial use if a site review determines that the use is of a kind that does not require the loading, standing, or unloading of motor vehicles or that adequate provisions have been made for the loading, standing, and unloading of motor vehicles associated with the proposed use. Any modification or waiver granted pursuant to this subsection becomes void if the use that was subject to the site review is changed.

1.5.11. Home Occupations (back to top)

(1) The use of a residential dwelling for a home occupation may not occupy more than 25 percent of the floor area of one floor and must be clearly incidental and subordinate to the residential use. Typical home occupations include, but are not limited to, baby sitting, barber or beauty shops, canning, crafts, dance studios, desktop publishing and other computer services, dressmaking, insurance agencies, laundering and ironing, millinery, music instruction, photographic studios, real estate agencies, telephone marketing, and word processing. Auto body, construction trades, and engine repair are not allowable home occupations.

(2) Only 1 person other than a member of the immediate family living on the premises may be employed to work on the premises.

(3) Traffic generated by the home occupation must not be greater in volume than would normally be expected in a residential neighborhood. Sufficient off-street parking must be provided for any traffic generated by the home occupation, but no parking is permitted in the front yard.

(4) On-site retail sales are limited to goods made on the premises or, with the approval of the town, to goods associated with the normal operation of the home occupation, such as beauty supplies, shampoo, and personal care products for a beauty shop.

(5) One on-premises sign is allowed.

1.5.12. Manufactured Homes and Mobile Homes (back to top)

(1) A manufactured home used for human habitation must meet the construction standards contained in Wis. Admin. Code ch. Comm 27.

(2) A manufactured home may not be parked or used as a residence unless it is located in a manufactured home park, except as otherwise permitted in this section.

(3) A manufactured home is considered to be single-family residence and is an allowed use in any zoning district where single family dwellings are an allowed principal use provided that:

(a) A site plan is submitted with the zoning permit application to the town for review and approval. The site plan must show the size of the manufactured home, its location on the lot, all yard measurements, and the location of the septic tank, filter bed, and water supply.

(b) The manufactured home must be set on an enclosed foundation in accordance with Wis. Stat. § 70.043(1) and Wis. Admin. Code ch. Comm 21, subchs. III, IV, and V. The town may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

(c) The manufactured home must be securely anchored to its foundations with tie-downs having a minimum tensile strength of 2,800 lbs. and the anchors must be embedded in concrete that is sufficient to withstand the tie-down strain. The amount of tie-downs must conform to the manufacturer’s recommendations, provided that there are at least four tie-downs.

(d) The manufactured home must be installed in accordance with the manufacturer’s instructions and is properly connected to utilities.

(e) The hitch and wheels must be removed.

(f) The roof must be double pitched so that there is at least a 3-inch vertical rise for each 12-inches of horizontal run. The roof must have a minimum 8-inch overhang on each perimeter wall and the overhang must be architecturally integrated into the design of the dwelling. The roof must be residential in appearance; must be covered with an approved material, such as wood, asphalt, composition, or fiberglass shingles; and may not be covered with corrugated aluminum or corrugated fiberglass.

(g) The exterior siding material must be residential in appearance; may consist of clapboards, concrete, masonry, simulated clapboards such as conventional vinyl or metal siding, stucco, wood, wood shingle shakes, or a similar material; but may not include smooth, ribbed, or corrugated metal or plastic panels. The exterior siding material must extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

(4) A manufactured home may not be located on a lot outside of an approved and licensed manufactured home park for more than 6 months unless it meets the requirements of a permanent dwelling and is taxed accordingly.

(5) A manufactured home may be used as a single family residence on a farm provided that the manufactured home is occupied by a family member or employee of the farm’s owner. The family member must be related to the father, mother, son, daughter, brother, or sister of the farm owner. The employee must be actively employed and receive 50 percent of his or her income from the farm operation.

(6) Skirting. Skirting specifically designed for manufactured homes, or some other material, must enclose the area between the ground and the bottom of the manufactured home. Skirting must be installed within 2 weeks of the date that the manufactured home is placed on its site.

(7) A mobile home may not be used as a residence within the town unless it is located in a manufactured home park.

1.5.13. Manufactured Home Parks (back to top)

(1) Drainage, Erosion Control, and Landscaping.

(a) A manufactured home park and each manufactured home within the park must be located on a well-drained area and the premises properly graded so as to prevent the accumulation of storm or other waters. No manufactured home park may be located in an area where runoff of contaminated liquids or from contaminated solids is likely to be deposited.

(b) A construction site erosion control plan must be submitted to and approved by the town prior to the commencement of any work on a new manufactured home park or the expansion of an existing park.

(2) Parking.

(a) A graveled or paved parking area of at least 350 square feet is required for each manufactured home site. Additional parking spaces must be provided within the park so that there are at least 1¼ parking spaces for each manufactured home space.

(b) Parking in the front yard of a manufactured home is prohibited.

(c) The parking area for a manufactured home site must be connected to the entrance of the manufactured home by a hard surface walkway that is at least two feet wide.

(d) Parking areas and walkways must have adequate drainage and be maintained in good condition.

(e) Unlicensed vehicles, collections of debris, junk, or personal property are prohibited in any parking area or space.

(3) Setbacks and Other Dimensional Requirements.

(a) The minimum lot size is 3 acres.

(b) The maximum number of manufactured home sites per acre is 8.

(d) The maximum height of a manufactured home is 15 feet.

(e) The minimum distance between manufactured homes is 20 feet.

(f) The minimum side yard setback for each manufactured home site is 8 feet.

(g) The minimum rear yard setback for each manufactured home site is 25 feet.

(h) The minimum setback for an accessory structure is 5 feet.

(i) Each site in a manufactured home park must be a clearly marked or delineated area of not less than 3,600 square feet. A manufactured home may not occupy more than one-third of a site, and the manufactured home and all accessory structures may not occupy more than one-half of the site. Any modification or expansion of an existing and operating manufactured home park must conform to current regulations.

(4) Sewage Disposal.

(a) A manufactured home park and each unit within a manufactured home park must be connected to and use a public sewage facility if it is available to the manufactured home park.

(b) A private sewage system as defined in Wis. Stat. § 145.01(12) is allowed when a public sewage facility is not available. The system must be located on the premise and must be designed, constructed, and operated in accordance with Wis. Stat. § 144.245 and Wis. Admin. Code chs. Comm 82 and 83. Plans and installation details covering the design and construction, alteration, or extension of a private sewage system must be approved by the county and the Department of Commerce prior to construction. Prior to construction, sanitary permits are required for any work done to a private sewage system.

(5) Streets.

(a) Each site in a manufactured home park must abut upon a street.

(b) The maximum length of a one-way street is 500 feet.

(c) A one-way street must be at least 14 feet wide if parking is prohibited on the street, 18 feet wide if parking is permitted on only one side of the street, and 24 feet wide if parking is allowed on both sides of the street.

(d) A two-way street must be at least 18 feet wide if parking is prohibited on the street, 24 feet wide if parking is permitted on only one side of the street, and 32 feet wide if parking is allowed on both sides of the street.

(e) Each street must be adequately graveled for year round use or be paved; have natural drainage, be adequately lighted at night, and maintained in good condition.

(6) Plumbing. All plumbing must meet the requirements contained in Wis. Admin. Code chs. Comm 82–84 and Wis. Admin. Code ch. HSS 177.

(7) Uses.

(a) The operation of laundry, recreation room, and washroom facilities for benefit of the residents of the manufactured home park is allowed.

(b) The operation of maintenance equipment storage facilities and one business office for the management of the manufactured home park is allowed.

(c) The management of the manufactured home park shall not allow, and no person may conduct, any other business activity in the park.

(8) Miscellaneous Provisions.

(a) Pre-existing Parks. Any expansion of an existing park must comply with this and all other town ordinances. All existing parks must be licensed and comply with this ordinance, except for certain design requirements not previously in effect. All replacement manufactured homes must comply with this section of the ordinance.

(b) Recreation Area. Each park must contain a relatively level, well-drained recreation area. The minimum recreation area required is ½ acre for the first 50 sites. An additional ½ acre is required for every 50 sites thereafter.

(c) Setback Zones. No occupied or unoccupied dwelling, manufactured home, mobile home, or recreation vehicle may be located between the established setback lines for the zoning district in which it is located and a highway, lot line, stream, street, or lake.

(d) Screening. Each manufactured home park must be completely enclosed, except for permitted entrances and exits, by a temporary planting of fast growing material capable of reaching 15 feet or more or by a permanent evergreen planting of such a number and arrangement of individual trees that a dense screen will be formed within 10 years. Other screening that is harmonious with the surrounding area may be approved by the planning and zoning administrator.

(e) Small Manufactured Homes. Any manufactured home with less than 400 square feet of living space must be located within a manufactured home park.

(f) Collections of personal property, debris, junk, and unlicensed vehicles are prohibited outside of a building anywhere within the boundaries of any manufactured home park.

1.5.14. Outdoor Wood Burning Furnaces (back to top)

(1) This section applies to detached energy systems such as an outdoor wood burning furnace or unit, but does not apply to lawfully operated barbeques, fire pits, fryers, or grills. It does not apply to the chimney attached to any structure, such as a residence or garage.

(2) A building permit is required for any detached energy system.

(3) Setbacks and Other Minimums.

(a) Must be setback at least 100 feet from any lot line.

(b) Must be setback at least 500 feet from any residence on an adjacent parcel.

(c) The minimum stack height for any detached energy system is 20 feet, except that a lesser stack height which meets the manufacturer’s minimum specifications is allowed for any system that is Phase 2 Qualified under the U.S. Environmental Protection Agency’s 2008 Hyrdonic Heater Program.

1.5.15. Recreation Vehicles (back to top)

(1) A recreation vehicle other than a park trailer, a transporting device for a recreation vehicle; or a recreation vehicle on a transporting device may be parked or stored on its owner’s property as an accessory use.

(2) A recreation vehicle or a transporting device for a recreation vehicle may not have its wheels removed, except for repairs, or be altered in any way that would make it unable to be readily removed from the property.

(3) A recreation vehicle may not be used to provide permanent habitation in any district.

(4) A recreation vehicle other than a park trailer may be used to provide temporary living quarters or overnight accommodations subject to the following conditions:

(a) It may not be located in a floodplain or wetland.

(b) It must meet all accessory use setback requirements for the district in which it is located.

(d) If it is located on a residential parcel, it may be used to provide living space or overnight accommodations for up to 14 days at a time, but for no more that a total of 30 days in a calendar year.

(e) If it is located on an open space parcel or on an improved parcel on which no structure is used for habitation, it may be used continuously or intermittently to provide living space or overnight accommodations for a period of up to 30 consecutive days at a time. On the thirty-first day following the first day of any 30-day period, it must be removed from the parcel for at least 10 days and no other recreation vehicle may be located or used on the parcel during this 10-day period.

(f) No more than 2 recreation vehicles may be located or used on a parcel at any one time, except that up to 5 recreation vehicles may used on a parcel for a special event, such as a family reunion, for a period of no more than a total of 7 calendar days in any calendar year.

(5) A park trailer may be used to provide temporary living quarters or overnight accommodations subject to the following conditions:

(a) It may only be located in a General Agriculture (GA) District.

(b) It may not be located in a floodplain or wetland.

(d) It must be connected to septic and water utilities.

(e) A deck, patio, shed, or other appurtenance may be attached to a park trailer.

(f) It may be used to provide living space or overnight accommodations for no more that a total of 180 days in a calendar year.

(g) No more than 1 park trailer may be located or used on a parcel at any one time, except in a recreation vehicle park.

1.5.16. Sand, Gravel, and Rock Excavation (back to top)

(1) Purpose. These supplemental regulations are intended to assure that sand, gravel, and rock extraction operations are properly controlled, while providing the maximum degree of flexibility in dealing with mineral deposits whose locations are not precisely known, and are in addition to any requirements contained in the Nonmetallic Minerals Mining Ordinance.

(2) Aerial Photograph and Map. An application for a sand, gravel, or rock extraction conditional use permit must include an aerial photograph and map that provides the following information:

(a) The boundaries of the affected parcel and any adjacent parcel and the location and name of all pipelines, railroads, roads, streams, utilities, and wetlands on the affected parcel and any adjacent parcel.

(b) The name of the owner of each adjacent parcel and the location of all structures within 1,000 feet of the outer perimeter of the area, the purpose for which the structure is used, and the names of each structure’s occupants.

(c) The proposed location, extent, and depth of the intended sand, gravel, and rock excavation, showing the setback distances.

(d) The proposed location of any ponds, sediment basins, stockpiles, and waste dumps, showing the setback distances.

(e) The surface drainage of the affected land and the estimated depth to groundwater.

(3) Operational Information. An application for a sand, gravel, or rock extraction conditional use permit must include the following operation information:

(a) The duration of any applicable lease.

(b) The estimated date that operations will commence and terminate. (c) The anticipated hours of operation.

(d) The proposed primary travel routes to transport material to and from the property.

(e) A description of the excavation and processing equipment to be used.

(f) A description of measures to be taken to screen the operation from view from any residence on an adjacent parcel.

(g) A description of measures to be taken to control dust, noise and vibrations from the operation.

(4) Operations.

(a) All blasting must be done by a state licensed and certified blaster, who must have a certificate of liability or proof of liability insurance.

(b) All excavation equipment must be constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, any dust, noise, or vibration that might adversely affect or injure any person living in the vicinity of the operation.

(c) Any excavation access road must have and be maintained with a dustless surface, and a stop sign must be placed where the access road intersects a public road.

(d) Any part of an excavation in which water collects to a depth of 2 feet or greater for 30 consecutive days or more must be drained or filled so as to prevent such a collection of water.

(e) Operations must be conducted in such a manner that any water runoff from operation does not adversely affect any adjacent parcel.

(f) All equipment and temporary structures, such as an asphalt plant, conveyor, or screener, must be removed from the parcel within 90 days of the termination of extraction operations.

(g) All rubble and other debris must be removed from the parcel within 90 days of the termination of extraction operations.

(5) Setback Requirements.

(a) The excavation must be setback at least 1,000 feet from any existing residence unless the planning and zoning committee determines that it is in the public interest to permit an excavation at a distance that is less than 1,000 from an existing residence.

(b) The excavation must be setback at least 200 feet from all right-of-way lines unless the planning and zoning committee determines that it is in the public interest to permit an excavation at a distance that is less than 200 from a right-of-way line.

(c) The excavation must be setback at least 100 feet from any lot line, except that the planning and zoning committee may set a smaller setback or waive the setback requirement if the adjacent parcel is or will be excavated.

(6) Options.

(a) The planning and zoning committee may require fencing if warranted by existing conditions.

(b) The planning and zoning committee may restrict the hours of operation if warranted by existing conditions.

(c) The planning and zoning committee may require the testing of wells adjacent to the proposed operation for turbidity, water levels, or other factors after the conditional use permit is granted.

1.5.17. Signs (back to top)

(1) Permit Requirement.

A building permit is required for any directional sign, business sign in a Commercial/Business CB zoning district, or on-premises business sign. A permit is not required for any other sign.

(2) General requirements. The general requirements described in this subsection apply to any sign.

(a) A sign and its supporting structure must be properly constructed, installed, and maintained.

(b) A sign must be securely anchored or otherwise fastened, suspended, or supported so as not to present a hazard to any person or property.

(c) A sign must be designed and constructed to safely withstand a wind pressure of at least 30 pounds per square foot of surface area.

(d) A sign may not be suspended by chains or other devices that allow the sign to swing due to wind action.

(e) Dimensions. The following dimensional limits, which are inclusive of border and trim, but exclusive of supports, apply to all signs:

1. The maximum width of any sign is 20 feet.

2. The maximum height of any sign is 20 feet.

3. The maximum surface area of any sign is 150 square feet.

(f) Public Decency. A sign may not display images or text that violates standards of public decency.

(g) Residential Protection. A sign that faces a residential zoning district may not be located within 25 feet of the residential zoning district boundary.

(3) Nonconforming signs.

(a) A nonconforming sign may continue to be used and the copy displayed on the sign may be changed.

(b) Normal maintenance may be performed on and repairs made to a nonconforming sign, but a nonconforming sign may not be structurally altered unless the alteration brings the sign into compliance with this ordinance.

(c) Normal maintenance may be performed on the structure supporting a nonconforming sign, but the structure supporting a nonconforming sign may not be repaired unless the sign is brought into compliance with this ordinance. If repairs are made to the supporting structure and the sign cannot be brought into compliance with this ordinance, the sign must be removed.

(d) A nonconforming sign may not be enlarged.

(e) A nonconforming sign may not be relocated.

(f) A nonconforming sign may not be replaced.

(4) Prohibitions. The design elements, signs, and uses of signs described in this subsection are prohibited.

(a) A sign may not advertise an activity that is illegal under any federal law, state statute, county or town ordinance that is in effect where the sign is located or where the advertised activity takes place.

(b) It is unlawful to locate a vehicular sign on private property where it is visible from a public right-of-way for the purpose of advertising or providing directions to any private activity, business, person, product or service.

(c) It is unlawful to locate a vehicular sign on any public property or public right-of-way for the purpose of advertising or providing direction to any private activity, business, person, product, or service.

(a) It is unlawful to use any character, phrase, symbol, or word, such as “DANGER,” “LOOK,” “STOP,” or “YIELD,” on a sign in such a manner as to mislead any driver or be confused with any authorized traffic device, sign, or signal.

(e) It is unlawful to locate a sign where, by reason of its color, position, or shape, it may mislead any driver or be confused with any authorized traffic device, sign, or signal.

(f) It is unlawful to locate a sign where it interferes with or obscures a driver’s view of any approaching, intersecting, or merging traffic on any street or highway.

(g) It is unlawful to locate a sign where it interferes with or obscures any official device, sign, or signal.

(h) It is unlawful to place any form of optical machine-readable code on a sign that is visible from a highway or street. Optical machine-readable code includes, but is not limited to, any form of barcode or matrix barcode, such as a Quick Response (QR) code.

(i) It is unlawful to draw, paint, or place a sign on a rock, tree, or other natural feature.

(j) A sign may not move or have any moving parts.

(k) A sign may not contain reflective elements that sparkle in the sunlight.

(l) It is unlawful to locate a sign, other than a government sign, in any public park, rest area, or scenic area.

(5) Directional signs.

(a) Location.

1. A directional sign may not be located within 2,000 feet of any at- grade intersection, interchange, rest area, park, scenic area, or wayside on a freeway or interstate highway or within 300 feet of any at-grade intersection, interchange, rest area, park, scenic area, or wayside on any other highway.

2. A directional sign must be at least one mile from any other directional sign that describes the same place and that faces the same direction.

3. No more than 3 directional signs pertaining to the same place may be located along a single route.

4. A directional sign visible from an interstate highway must be located with 75 miles of the place described on the sign.

5. A directional sign must be located so that it does not affect any agricultural operation.

(b) Changes to Directional Signs. A directional sign may be modified as to its color, copy, lighting, shape, and size provided that the modified sign complies with the requirements of Wis. Stat. § 84.30 and this ordinance.

(c) Illumination Restriction. A directional sign may not be illuminated. (6) Electronic signs. The following regulations apply to electronic signs:

(a) Amber alerts. An electronic sign must be made available for amber alerts and other emergency notifications as deemed necessary by county law enforcement or emergency management officials.

(b) Audio. An electronic sign may not contain or use audio speakers.

(c) Brightness. The brightness level of an electronic sign may not exceed 5,000 nits during daylight hours or 500 nits from dusk to dawn.

(d) Display Requirements. Any image or text displayed on an electronic sign must be a static display that has a duration of at least 8 seconds. The transition time between one display and the next must be no longer than 2 seconds. A black or blank screen may not be used during the transition period.

(e) Malfunctions. An electronic sign must be designed to freeze the display in the event of a control malfunction.

(f) Mounting. An electronic sign that is mounted on a building or any appurtenance to a building may not project more than 18 inches from the face of the structure on which it is mounted.

(g) Portable Signs. A portable electronic sign is not permitted.

(h) Railroad Crossings. An electronic sign is prohibited within 200 feet of any railroad crossing.

(i) Residential Restriction. An electronic sign may not be located with 200 feet of any residential zoning district.

(j) Scrolling Messages. An electronic sign may not display a scrolling or traveling message.

(k) Pyrotechnics. An electronic sign may not contain or use any form of pyrotechnics.

(7) Illuminated signs.

(a) An illuminated sign must be effectively shielded so as to prevent light from being directed at any portion of the travelway of a controlled highway and may not glare, impair the vision of the driver of any motor vehicle, or otherwise interfere with any driver’s operation of a motor vehicle.

(b) An illuminated sign may not interfere with the effectiveness of or obscure any official traffic device, sign, or signal.

(c) An illuminated sign must be effectively shielded so as to prevent light from being directed at any residence or habitable structure on any adjacent parcel.

(d) Neon tubing that is exposed to view on any sign must have an opaque cover of plexiglas or another similar material.

(8) Sign-Specific Regulations.

(a) Campaign or Ballot Initiative Signs. A sign erected on behalf of a candidate for public office or a ballot initiative may not be erected more than 30 days prior to the primary election and must be removed within 15 days following the general election. The maximum size of a campaign or ballot initiative sign, other than a billboard, is 16 square feet in a nonresidential zoning district and 8 square feet in a residential zoning district. A campaign or ballot initiative sign may not be located in or over a public right-of-way or within 15 feet of a public right-of-way at an intersection. A campaign or ballot initiative sign in a residential zoning district may not be illuminated.

(b) Construction Signs. A sign that identifies a contractor or a construction project may be erected on the construction site. The maximum size of a construction sign is 100 square feet. No more than two signs are allowed on a construction site. The sign must be removed within 30 days of completion of construction or upon occupancy, whichever occurs first. A construction sign in a residential zoning district may not be illuminated.

(c) Farm Signs. A sign identifying a farm may be placed on the property that it identifies. The maximum size of a farm sign is 10 square feet. A farm sign may not be illuminated.

(d) Freestanding Signs. A freestanding sign must be entirely within the lot lines of the parcel on which it is located and must be setback from any road surface by a distance that is at least equal to or greater than the height of the sign. A freestanding sign that is located within 15 feet of a front or corner side lot line may not be more than 3 feet in height unless it has a minimum under clearance of 10 feet as measured from the grade level at the closest right-of-way line to the bottom of the sign.

(e) Garage, Rummage, and Yard Sale Signs. A sign for a garage, rummage, yard sale, or similar event (“yard sale sign”) must be entirely within the lot lines of the parcel on which the event takes place. A yard sale sign may not be displayed more than one day prior to the start of the sale and must be removed within one day after the sale ends. No more than 2 events may be held on any parcel during a calendar year. A sign or signs may not be displayed for more than 10 days per event. The maximum size of a yard sale sign is 4 square feet. One sign is permitted on a lot, except that two signs are permitted on a corner lot provided that the signs are placed on different frontages. A yard sale sign may not be illuminated.

(f) Home Occupation Signs. A sign that displays the name and home occupation of the occupant may be placed on a property. The maximum size of the sign is 1 square foot. The sign may not be illuminated.

(g) Marquee signs. A marquee or other projecting sign that is located closer than 15 feet of a front or corner side lot line must have a minimum under clearance of 10 feet as measured from the grade level at the nearest road surface to the bottom of the sign.

(h) Memorial Signs. The maximum size of a memorial sign which identifies the name of a building and date of erection is 4 square feet unless the sign is cut into a masonry surface or inlaid so as to be part of the building. A memorial sign in a residential zoning district may not be illuminated.

(i) Neighborhood Identification A sign that identities a housing complex, neighborhood, or subdivision is permitted in any residential zoning district. The sign may only contain the name of the housing complex, neighborhood, or subdivision and may consist of a landscaping, a masonry wall, or other materials combined to form a display. The maximum height of the sign is 8 feet and the maximum size is 32 square feet. The sign may not be illuminated unless specifically authorized by the town.

(j) No dumping signs. The maximum size of a no dumping sign is 1½ square feet.

(k) No trespassing signs. The maximum size of a no trespassing sign is 1½ square feet.

(l) On-premises Business Signs. The maximum size of an on-premises business sign is 32 square feet, excluding supports.

(m) Organizational Identity Signs. A sign that consists of or displays an emblem, insignia, plaque, or symbol that identifies any association, corporation, nation, political organization, religious order, or other organized entity may be located on a person’s property. The sign may not be illuminated if it is located in a residential district.

(n) Political Signs. A political sign that pertains to a political cause or issue must be removed within 15 days following the date that the political cause or issue is resolved. The maximum size of a political sign, other than a billboard, is 16 square feet in a nonresidential zoning district and 8 square feet in a residential zoning district. A political sign may not be located in or over a public right-of-way or within 15 feet of a public right-of-way at an intersection. A political sign in a residential zoning district may not be illuminated.

(o) Professional Office Signs. A sign that displays the name and profession of the occupant of the premises may be placed on a property. The maximum size of the sign is 3 square feet. The sign may not be illuminated.

(p) Real Estate Signs. A real estate sign that advertises a building, property, or other real estate for lease, rent, or sale may be placed on the property that is offered for lease, rent, or sale. One sign is permitted on a lot, except that two signs are permitted on a corner lot provided that the signs are placed on different frontages. The maximum size of a real estate sign is 32 square feet in a nonresidential district and 8 square feet in a residential district. The sign must be removed within 30 days of the effective date of the lease, rental, or sale of the property. The sign may not be illuminated.

(q) Wall Signs. A wall sign may not exceed 40 percent of the area of the wall upon which it is affixed or 4 square feet per lineal foot of wall, whichever is greater.

(9) Removal, Repair, or Compliance Orders.

(a) The planning and zoning administrator may issue a written order to the person who owns the property on which a sign is located that directs that a sign be removed, repaired, or brought into compliance with the terms of this ordinance if:

1. The sign is abandoned.

2. The sign advertises an activity, business, product, or service that is no longer available or provided.

3. The sign is deteriorated, dilapidated, or in disrepair.

4. The sign is a hazard to any person or property or is otherwise unsafe.

5. The sign does not comply with any requirement contained in this ordinance.

(b) If a written order is issued pursuant to sub. (a), the action specified in the order must be completed within 10 days from the date of the order, unless the town specifies a longer period of time for compliance. The action necessary to comply with the order may be taken by the person who owns the property, the person who owns the sign, or the person having the beneficial use of the property or sign.

(c) If the action specified in the order is not taken within the time required, the town may remove or cause the sign to be removed. The cost of removing the sign will be imposed as a special charge against the real property on which the sign was located and the property owner will be billed for the special charge. If the special charge is not paid within 30 days from the date of billing, it will become a lien against the property and the delinquent special charge may be included in the next or current tax roll for collection and settlement pursuant to Wis. Stat. § 66.0627.

(d) If the planning and zoning administrator determines that a sign or its supporting structure presents an immediate peril to any person or property, the town may summarily remove or cause the sign to be removed without notice to the property owner where the sign is located. The town shall notify the property owner of the removal action as soon as practicable. The cost of removing the sign will be imposed as a special charge against the real property on which the sign was located and the property owner will be billed for the special charge. If the special charge is not paid within 30 days from the date of billing, it will become a lien against the property and the delinquent special charge may be included in the next or current tax roll for collection and settlement pursuant to Wis. Stat. § 66.0627.

1.5.18. Vacation Home Rentals (back to top)

(1) The applicant for a conditional use permit for a vacation home rental must include a site diagram, drawn to scale, showing the location and dimensions of the following:

(a) The structure used to provide sleeping accommodations;

(b) All accessory structures;

(d) Each parking space; and

(e) The on-premises sign.

(2) The application for a conditional use permit must specify:

(a) The number of bedrooms in the unit;

(b) The maximum number of overnight occupants who will be permitted to stay in the unit; and

(3) The application for a conditional use permit must include a report showing that a compliance inspection has been conducted for any private on-site wastewater treatment system (POWTS) and that the system meets all state and local requirements.

(4) The planning and zoning committee may impose conditions intended to reduce the impact of the proposed use on neighboring properties and nearby bodies of water. The conditions may include, but are not limited to, the installation of a fence or vegetative screening along a property line, the maintenance of native vegetation as a buffer along the shoreline, or the imposition of specified quiet hours.

(5) An on-premises sign must be posted in a conspicuous place near the entrance to the property. The sign must have an area of at least 3 square feet. The sign must be visible from and legible without the need to come on to the property.

(6) The on-premises sign must include the following information:

(a) The property’s advertised name, if any;

(b) The property’s address;

(d) The name, address, and telephone number of the owner’s agent or the local contact responsible for managing the property, if any.

(7) The owner of a vacation home rental must keep a register detailing the use of the premises. The register must include, at a minimum, the name, address, and telephone number of each guest using the property and the license number of each vehicle that is parked on the property. A copy of the register must be made available to the town upon request.

(8) Only 1 structure on a parcel may be used to provide sleeping accommodations for a vacation home rental. Accessory buildings may not be used to provide sleeping accommodations.

(9) Occupancy is limited to no more than 2 persons per bedroom, plus 2 additional persons, per structure, and may not to exceed a total of 12 persons.

(10) It is unlawful for any person to use or allow another person to use a camper, motor home, recreation vehicle, trailer, or any other means to provide overnight accommodations outside of the principal structure on the premises of a vacation home rental.

(11) The owner must provide sufficient off-street parking for all day-time visitors. The owner must provide off-street parking on the parcel for each vehicle that is parked overnight. The maximum number of vehicles that may be parked on the property overnight is 6.

(12) A vacation home rental is subject to the licensing requirements contained in Wis. Admin. Code ch. DHS 195 and the county’s Public Health Ordinance.

(13) Any prior nonconforming structure or use of a property for the purpose of providing a vacation home rental that is altered, changed, increased, replaced, or extended after the effective date this ordinance must comply with the requirements contained in this ordinance.

1.5.19. Specifications and Mounting of Address Numbers (back to top)

(1) All structures and uses requiring an address and number shall have the number mounted so it is clearly visible from the abutting road way in the following manner:

(a) Structures setback more than 75 feet from the right-of-way of the abutting roadway.

(b) Structures located in such a manner that the visibility of the address number is obscured or is not discernable from the abutting roadway, regardless of the structure's distance from the road right-of-way. Final determination of the sign visibility shall be within the discretion of the town Board.

(2) The following specifications shall be followed when mounting address numbers at the driveway access point:

(a) Numbers shall be posted on the right side of the driveway access point when viewing the property from the roadway. The sign shall be located no more than 10 feet from the abutting road right-of-way and no more than 20 feet from the edge of the driveway. In some site specific cases, numbers may be posted on the left side of the driveway when viewing the property from the roadway.

(b) The number shall be mounted on a post made of metal and be perpendicular to the abutting roadway, so as to be easily visible. The sign and post shall be maintained by the property owner in an acceptable manner.

(3) Although required by the postal service for mail delivery, it shall not be acceptable to use mailboxes as the device for posting address numbers.

1.5.20. Filling, Grading, Ditching and Excavating (back to top)

(1) General Standards.

(a) The smallest amount of bare ground shall be exposed for the shortest time feasible and permanent ground cover shall be established as soon as practical.

(b) Shall not alter the drainage from and onto adjacent lands so as to create significant harm.

(d) Shall, where applicable, meet the requirements of federal, state or local agencies also having jurisdiction, such as the Wisconsin Department of Natural Resources, the U.S. Army Corps of Engineers, and Winnebago County.

(2) Filling may be permitted provided the fill material:

(a) Shall be suitable for its intended use, no fill intended for supporting structures shall consist of junk, wood, sawdust, paper, tires, solid waste, muck, peat, or any similar materials which could cause subsidence.

(b) Fill material is protected from erosion so as not to cause siltation of adjacent lands or navigable waters. The use of a temporary ground cover or other conservation practices such as sediment catch basin or diversion terrace may be required in order to prevent erosion.

(d) Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.

(3) Grading, ditching, and excavating of an area may be permitted provided that:

(a) Channels or artificial watercourses shall be constructed with side slopes of two (2) units horizontal distance to one (1) unit vertical or flatter which shall be promptly vegetated, unless bulkheads or riprap are provided..

(b) Ditch banks shall be maintained in a sod cover and free of woody vegetation.

(4) Exemptions

(a) Soil conservation practices used for erosion control shall be exempt when designed and constructed to Natural Resource Conservation Service technical standards.

1.5.21 Prohibited Residences and Dwelling Units.

Portable storage facilities (including shipping containers, cargo containers, portable on demand storage (PODS), and store and move (SAM) containers, busses, heavy duty trucks and their bodies, semi-trailers, freight containers, and similar items) shall not be used as a dwelling or residence. (updated 1/5/2022)

1.6. ADMINISTRATION and AMENDMENTS

1.6.1. Planning and Zoning Committee (back to top)

(1) Purpose. The purpose of this ordinance is to establish a Town of Rushford Planning and Zoning Committee and set forth its organization, powers and duties, to further the health, safety, welfare and wise use of resources for the benefit of current and future residents of the Town and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.

(2) Powers and Duties. The Town Board of the Town of Rushford has been authorized by the Town meeting under sec. 60.11(2)(c), Wis. Stats., to exercise village powers and the Town has a population of less than 2,500, according to the most recent regular or special federal census, sec. 990.01 (29), Wis. Stats. The Town Board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member Plan Commission under secs. 60.62(4), 61.35 and 62.23, Wis. Stats. The Plan Commission shall be considered the “Town Planning and Zoning Committee” under secs. 236.02(13) and 236.45, Wis. Stats., which authorize, but do not require, Town adoption of a subdivision or other land division ordinance. Such powers and duties generally include:

(a) To initiate, hear, review and offer its recommendations to the Town Board on applications for amendments to this chapter.

(b) To hear, review and offer its recommendations to the Town Board on applications for conditional use permits, subdivisions, street vacations and name changes, and other matters.

(c) To prepare and recommend to the Town Board for adoption of a Comprehensive Plan for the town, and from time to time to recommend amendments as it may deem appropriate.

(d) To review and report on any matters referred to it by the Town Board.

(3) Organization. The Planning and Zoning Committee shall be organized in the following manner:

(a) The Planning and Zoning Committee should consist of one (1) representative from the Town Board, who may be the Town Board Chairperson or another Town Board member, and 4 citizen members, who are not otherwise Town Officials, and who shall be persons of recognized experience and qualifications.

(1) One alternate member may also be nominated by The Town Chairman and confirmed by the Town Board, who shall act, with full power, only when a member of the Committee is absent.

(b) Members of the Planning and Zoning Committee shall be nominated by the Town Chairman and confirmed by the Town Board. The term of office for the Planning and Zoning Committee Chairperson and each Committee member shall be for a period of 3 years, ending on April 30, or until a successor is appointed and qualified, except:

(1) Initial Terms. The citizen members initially appointed to the Plan Commission shall be appointed for staggered terms as follows: one (1) person for a term that expires in one (1) year; one (1) person for a term that expires in two (2) years; and two (2) persons for a term that expires in three (3) years.

(2) Town Board Member or Chairperson. The Plan Commission member who is a Town Board member or Town Board Chairperson, shall serve for a period of two (2) years, as allowed under sec. 66.0501(2), Wis. Stats., concurrent with his or her term on the Town Board, except an initial appointment made after April 30 shall be for a term that expires two (2) years from the previous April 30.

(c) The planning and zoning administrator will sit on the committee to provide information but will not be a voting member.

(d) At the first scheduled meeting of the Planning and Zoning Committee following the annual town meeting, the Committee will appoint a Chairman, Vice Chairman and Recording Secretary.

(e) A person who is appointed to fill a vacancy on the Planning and Zoning Committee shall serve for the remainder of the term.

(f) Planning and Zoning Committee meetings shall consist of at least 3 voting members to constitute a quorum.

(g) The Planning and Zoning Committee, under sec. 62.23(2), Wis. Stats., may adopt rules for the transaction of its business, subject to Town ordinances, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record under secs. 19.21-19.39, Wis. Stats.

(h) The members of the Planning and Zoning Committee will be compensated for their time based on a set rate established annually by the Town Board. They shall be removable by the Town Chairman for a cause upon written charges and after public hearing.

1.6.2. Building Inspector; Planning & Zoning Administrator (back to top)

(1) Building Inspector.

(a) A Building Inspector shall be appointed by the Town Board at a rate of compensation and for a term of office, which is established by the Town Board at the time of such appointment. The Building Inspector shall possess the necessary skill and experience to perform the duties as a building inspector.

(b) The Building Inspector shall accept applications, issue or deny building permits, give notice of violations and enforce the provisions of any Town Building Code and other applicable town, county and state building regulations.

(2) Planning & Zoning Administrator

(a) A Planning & Zoning Administrator shall be appointed by the Town Board at a rate of compensation and for a term of office, which is established by the Town Board at the time of such appointment.

(b) The Planning & Zoning Administrator shall accept applications, issue or deny Zoning Permits, give notice of violations and enforce the provisions of this Zoning Ordinance.

(3) Duties of Building Inspector and Planning & Zoning Administrator:

(a) The Planning & Zoning Administrator and Building Inspector shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by them, or either of them, to ensure compliance with this Ordinance, applicable building codes and town, county and state regulations. They each shall have the authority to procure special inspection warrants in accordance with Wisconsin Statutes.

(b) The Planning & Zoning Administrator and Building Inspector each shall have the authority to halt any location, erection, moving, reconstruction, enlargement, extension, conversion or structural alteration of a structure, or use of land, which is not in compliance with this Ordinance or applicable building codes and town, county and state regulations. In furtherance of this authority, the Building Inspector may revoke any building permits then issued which pertain to any conforming matter by notice in writing to the holder of such permit.

(c) Notwithstanding any other provision of this Ordinance, where a Zoning Permit or Building Permit has been issued in accordance with law prior to the effective date of this Ordinance, and provided that construction is begun within six (6) months after such effective date and diligently pursued to completion, the subject of such permit may be completed in accordance with the approved plans on the basis on which the permit was issued. Upon completion such premises may be occupied under a Certificate of Compliance for the use designated in the permit. Thereafter, however, the premises shall be subject to all provisions of this ordinance.

(d) Notwithstanding any other provision of this Ordinance, no inspection shall be required of any farm or agricultural outbuilding, except that setback requirements of this ordinance shall be enforced.

1.6.3. Board of Appeals (back to top)

(1) Establishment. A Board of Appeals is established for the purposes of hearing appeals from actions of the Planning & Zoning Administrator and applications for variances from and exceptions to provisions of this Ordinance, and deciding the same.

(2) Membership. The Board of Appeals shall consist of 5 members appointed by the Town Chairman, subject to confirmation by the Town Board. The terms of the office shall be for a period of 3 years, or until a successor is appointed and qualified. The members of the Board will be compensated for their time based on a set rate established annually by the Town Board. They shall be removable by the Town Chairman for a cause upon written charges and after public hearing. The Town Chairman shall designate one member chairman. The Board may employ a secretary and other employees. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The Town Chairman may appoint one alternate member, who shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent.

(3) Organization. The Board of Appeals shall adopt rules in accordance with the provisions of this Ordinance. Meetings shall be held at the call of the Chairman and at such times as the Board may determine. The Chairman or acting Chairman if there be one, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public and a record of all proceedings shall be kept, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The board shall keep records of its examinations and other official actions. All records immediately shall be filed in the office of the Board and shall be public.

(4) Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer of the Town of Rushford affected by any decisions of any administrative officer' of the town. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken forthwith shall transmit to the Board all the papers constituting the record upon which the action was taken from which appeal is made.

(5) Automatic Stay. An appeal shall stay all legal proceedings in furtherance of the action from which appeal is made, unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, with notice to the officer from whom appeal is made, and on due cause shown.

(6) Hearings. The Board shall fix a reasonable time for the hearing of appeals or other matters referred to it. Public notice shall be given of all hearings. Due notice of a hearing also shall be given to the parties in interest. Upon the hearing any party may appear in person or by agent or attorney. The Board shall decide each matter within a reasonable time after its hearing.

(7) Powers. The Board shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Planning & Zoning Administrator in the enforcement of this Ordinance.

(b) To hear and decide special exceptions to the terms of this Ordinance and to grant such variance from the terms of this Ordinance as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this Ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of the Ordinance shall be observed, public safety and welfare secured and substantial justice done. Use variances shall not be granted by the Board of Appeals.

(c) To hear and decide applications for interpretations of zoning regulations and zoning district boundaries established under this Ordinance.

(d) To hear and decide applications for substitution of more restrictive nonconforming uses for existing nonconforming uses where no structural alterations are to be made.

(e) To hear and decide applications for unclassified and unspecified uses; provided, however, that such uses shall be similar to character to the principal uses permitted in the district and the Town Planning & Zoning Committee shall have made a review and recommendation on the application.

(f) To hear and decide applications for temporary uses which do not involve the erection of a substantial structure and are compatible with neighboring uses; provided however, that the Town Planning & Zoning Committee shall have made a review and recommendation on the application; and further provided that a temporary use permit shall be revocable subject to conditions established by the Board and shall be issued for a period not in excess of one year. In exercising its power, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that and shall have the powers of the officer from whom appeal is taken and may issue or direct the issue of permits.

(8) Decisions. The concurring vote of four (4) members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of any applicant, or to effect any variation in this Ordinance. The grounds of every such determination shall be stated in writing. Variances, substitutions and use permits shall expire within 18 months of their grant unless substantial work, under them has been commended. A decision shall be made within 30 days after the final hearing on the matter of the hearing.

(9) Appeals. Any person aggrieved by any decision of the Board of Appeals or any taxpayer, or any officer of the Town of Rushford may present to the Court of record a petition, duly verified, setting forth that such decisions is illegal, in whole or in part, specifying the ground of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board of Appeals.

1.6.4. Amendments (back to top)

(1) Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Town Board may adopt any Ordinance, changes in the district boundaries, and may amend, change or supplement the regulations established by this Ordinance or amendments thereto. All such changes or amendments shall be adopted according to the procedures established under Section 60.62 and 62.23 (7) of the Wisconsin Statutes, upon review and recommendation by the Town Planning & Zoning Committee.

(2) Protest. In case of a protest against any such change or amendment, duly signed and acknowledged, the owners of 20% or more, either of the acres of land included in such proposed change or amendment, or by the owners of 20% or more of the area of land immediately adjacent extending 100 feet there from, or by the owners of 20% of more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective, except by the favorable vote of two-thirds (2/3) of the members of the Town Board voting on the proposed change or amendment.

(3) 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 note affected thereby.

(4) Reapplication Time Period. No application of a property owner or option holder for an amendment to the zoning map shall be considered by the Town of Rushford within one (1) year following a denial of the same request. An exception to this rule is if the property owner or option holder requests a different zoning district change.

1.7. APPLICATIONS and APPEALS

1.7.1. Zoning Permit (back to top)

(1) Applications for a Zoning Permit shall be made in writing to the Planning & Zoning Administrator on forms, which shall include the following information:

(a) Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any.

(b) Description of the subject site by its legal description according to the Winnebago County, Wisconsin Registry or land survey in accordance with the Winnebago County, Wisconsin, and Town of Rushford Subdivision Ordinances.

(d) Type of structure.

(e) Existing and proposed operation of the structure or site.

(f) Number of employees or occupants.

(g) Zoning district in which the subject site is located.

(h) Plot plan, drawn to scale, showing the location, property boundaries, and dimensions, uses and sizes of the following: subject site; existing and proposed structures; existing and proposed sanitary facilities and well; existing and proposed easements, streets and other public ways; off‑street parking, loading areas and driveways; existing highway access restrictions; existing and proposed yards; and finished grades.

(2) A Zoning Permit shall be granted or denied in writing by the Planning & Zoning Administrator within thirty (30) days after filing of the application.

(3) A Zoning Permit shall recite the information set forth in the application and shall be displayed at the subject site and shall expire one (1) year after date of issue, unless substantial work has been commended and diligently pursued within that period.

(4) No permit shall be issued for any new construction, addition, reconstruction, enlargement or conversion of a principal structure that is intended to be occupied by human beings without the prior issuance of a Sanitary and Stormwater/Erosion Control Permit by the Winnebago County Zoning Department.

1.7.2. Building Permit (back to top)

(1) A Building Permit shall be required for the construction, moving, reconstruction, enlargement, extension, conversion or structural alteration of a building or structure, with a value for materials and labor in excess of $1,000.00. Applications for a Building Permit shall be made in writing to the Building Inspector on forms which shall include the following:

(a) Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any;

(b) Description of the subject site by its street address or, if there is none, by its legal description according to the Winnebago County, Wisconsin, Registry or other land survey;

(c) Type of structure or work proposed to be done and statement of cost of work proposed to be done or, where not known, good faith estimate of such cost.

(d) Existing and proposed operation of the structure or site.

(e) Plot plan, drawn to scale, showing the location, property boundaries, and dimensions, uses and sizes of the following: subject site; existing and proposed structures; existing and proposed sanitary facilities and well; existing and proposed easements, streets and other public ways; off‑street parking, loading areas and driveways; existing highway access restrictions; existing and proposed yards; and finished grades.

(2) The proposed finished grade for the principal structure shall be a grade twelve inches above the crown of any adjacent public road at the center of said structure.

(3) Where an alternate elevation would better suit the existing or proposed use surrounding the site, the Building Inspector shall have authority to set an alternative finished grade elevation at the time of application for a building permit; provided, however, that such alternative grade shall be noted on the zoning application by the Building Inspector.

(4) Building Permits shall recite the information set forth in the application and shall be displayed at the subject site and shall expire one (1) year after date of issue, unless substantial work has been commended and diligently pursued within that period.

(5) No permit shall be issued for any new construction, addition, reconstruction, enlargement or conversion of a principal structure that is intended to be occupied by human beings, without the prior issuance of a Sanitary and Stormwater/Erosion Control Permit by the Winnebago County Zoning Department. The foregoing notwithstanding, a zoning permit is required for a roadside stand.

1.7.3. Driveway and Roadway Access Permit (back to top)

(1) A driveway or roadway access permit shall be required to construct or reconstruct an access or connection to a local road within the Town of Rushford. This shall include the conversion of a farm access to a private residential or business access. Application for a driveway and roadway access permit shall be made in writing to the Building Inspector on forms which shall include the following:

(a) Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any;

(b) Description of the subject site by its street address or, if there is none, by its legal description according to the Winnebago County, Wisconsin, Registry or other land survey;

(d) Driveway or roadway access permits shall recite the information set forth in the application and shall be displayed at the subject site and shall expire one (1) year after date of issue, unless substantial work has been commended and diligently pursued within that period.

(2) The location, design and construction of a connection or point of access to a local road must meet the following requirements, which in no case shall be excused unless specific written authorization is obtained from the Building Inspector:

(a) Farm access points are exempt from width requirements.

(b) A driveway shall have a setback ten (10) feet from an adjacent property line, measured from the pavement or non-paved edge.

(c) A driveway shall have a minimum top width of twenty (20) feet and a maximum driveway top width of thirty-five (35) feet.

(d) A driveway must have an all-weather driving surface that is not less than fourteen (14) feet wide and six (6) inches in depth.

(e) All driveways and points of access shall be constructed as to provide connection to the local road at an angle of ninety (90) degrees.

(f) An access shall not provide a direct connection to or from a local road intersection.

(g) A driveway that exceeds five hundred (500) feet in length must have a turnout at least every five hundred (500) feet that will allow vehicles to pass. The turnout area must be at least sixty (60) feet in length, thirty (30) feet in width, and have a connecting turn radius of at least thirty (30) feet.

(h) The surface of the access surface connecting with the local road shall slope down and away from the local road shoulder a sufficient amount and distance to preclude ordinary surface water drainage flowing from the driveway area onto the local roadbed.

(i) No concrete approaches or aprons shall be permitted within the road right-of-way.

(j) All points of access shall not obstruct or impair drainage in local roadside ditches or roadside areas. A culvert of an appropriate size may be required.

(k) Any culvert or bridge associated with the driveway must be capable of handling a 30-ton vehicle.

(l) A driveway must be located within a clear space that is free of any trees or other obstructions. The clear space must be at least 20 feet wide and 14 feet high.

(m) The Building Inspector may impose any other standards or requirements deemed necessary regarding the construction of any access so as to promote traffic safety and protect the public investment in the local roads.

1.7.4. Conditional Use Permit (back to top)

(1) Application. An application for a conditional use permit must be submitted to the town clerk for transmittal to the planning and zoning committee where a public hearing will be held and a recommendation will be made to the Town Board.

GA	General Agriculture
General Agriculture (GA)
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.
				Principal Uses • Agricultural uses. • Dairies and cheese factories. • Essential services. • Facilities used to keep cattle, goats, poultry, sheep, or swine, may be subject to the requirements of Winnebago County Ch. 13. (LWMO) • Kennels. • Open space areas. • Park trailers. • Private garages. • Single family residences. • Undeveloped natural resource areas. • Other uses that are authorized or required to be located in a specific place by state or federal law.
				Conditional Uses • Agricultural related uses. • Airports, air strips, and landing fields. • Bulk storage of agricultural products, cooperatives, feed mills, fertilizer plants, and fuel used for agricultural purposes. • Camps and campgrounds. • Commercial riding stables. • Community uses. • Directional signs. • Farm implement sales and service. • Fruit and vegetable processing plants. • 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. • 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. • Landscape businesses. • Nonmetallic mining. • Public garages. • Public uses. • Recreation vehicle parks. • Sawmills. • Utilities. • Vacation home rentals.
Yard Requirements • Minimum lot size 20 acres, exclusive of road right-of-way. • Minimum 150' lot width. • 25' property line setback for principal and conditional use structures. • 10' property line setback for accessory structures. • 60' maximum height for buildings except farm structures not used for human habitation Accessory Uses • Agricultural accessory uses. • Home occupations. • Hunting shacks or warming shacks with no water or sewage facilities. • On-premise business signs of up to 32 square feet for allowable uses. • 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. • Roadside stand, one, which must be placed outside the right-of-way. • Small wind energy systems. • Trade or contractor storage.
LER			Large Estate Residential
Large Estate Residential (LER)
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.
				Principal Uses • Single-family residences. • 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 confined 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. • 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. • Essential services.
				Accessory Uses • Contractor or trade storage. • Home occupations. • Private garages. • Roadside stand, one, which must be placed outside the right-of- way. • Small wind energy systems. • Solar energy systems. • 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. Conditional Uses • Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in Wis. Stat. § 60.63. • Community uses. • Day care. • Kennels. • 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. • Utilities. • Vacation home rentals.
Yard Requirements • Minimum lot size 5 acres, exclusive of road right-of-way. • Minimum 150 ft. lot width. • 25 ft. property line setback for principal and conditional use structures. • 10 ft. property line setback for accessory structures. • 35 ft. maximum height, unless a different maximum height is permitted.
SER			Small Estate Residential
Small Estate Residential (SER)
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.
				Principal Uses • Single-family residences. • 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. • Essential services. • 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 confined 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. Accessory Uses • Contractor or trade storage. • Home occupations. • Private garages. • Roadside stand, one, which must be placed outside the right-of- way. • Small wind energy systems. • Solar energy systems. • 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. Conditional Uses • Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in Wis. Stat. § 60.63. • Community uses. • Kennels. • Utilities. • Vacation home rentals.
Yard Requirements • Minimum lot size 2 acres, exclusive of road right-of-way. • Minimum 150 ft. lot width. • 25 ft. property line setback for principal and conditional use structures. • 10 ft. property line setback for accessory structures. • 35 ft. maximum height, unless a different maximum height is permitted.
RR		Rural Residential
Rural Residential (RR)
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.
				Principal Uses • Single-family residences. • 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. • Essential services. • 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 confined 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. Accessory Uses • Contractor or trade storage. • Home occupations. • Private garages. • Roadside stand, one, which must be placed outside the right-of- way. • Small wind energy systems. • Solar energy systems. • 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. Conditional Uses • Cemeteries. • Community living arrangements with a capacity of 9 or more persons, subject to the provisions set forth in Wis. Stat. § 60.63. • Community uses. • Day care. • Kennels. • Mini-warehouses. • Two-family residences. • Utilities. • Vacation home rentals. • Veterinary clinics. • Other small businesses not specifically listed, but which are deemed by the planning and zoning committee or Town Board to be similar to those listed.
Yard Requirements • Minimum lot size 1 acre, exclusive of road right-of-way. • Minimum 150 ft. lot width. • 25 ft. property line setback for principal and conditional use structures. • 10 ft. property line setback for accessory structures. • 35 ft. maximum height, unless a different maximum height is permitted.

HDR	High Density Residential
High Density Residential (HDR)
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.
		Principal Uses • Single-family residences. • 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. • Community living arrangements with a capacity for 9 to 15 persons, subject to the limitations set forth in Wis. Stat. § 60.63. • Essential services. • Manufactured home parks. • Multi-family dwellings. Accessory Uses • Home occupations. • Private garages. • Roadside stand, one, which must be placed outside the right-of- way. • Small wind energy systems. • Solar energy systems. • 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. Conditional Uses • Community living arrangements with a capacity of 16 or more persons, subject to the provisions set forth in Wis. Stat. § 60.63. • Community uses. • Day care. • Utilities. • Vacation home rentals.
Yard Requirements • Minimum lot size 21,780 ft.² (1/2 acre), exclusive of road right-of-way. • Minimum 100 ft. lot width. • 7.5 ft. property line setback for principal and conditional use structures. • 5 ft. property line setback for accessory structures. • 35 ft. maximum height, unless a different maximum height is permitted.

CB	Commercial/Business
Commercial/Business (CB)
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.
		• Business and professional offices and services. • Cabinet making and woodworking. • Car washes. • Commercial storage. • Community uses. • Contractor or trade storage. • Dairies and dairy-processing businesses, such as cheese factories. • Essential services. • Farm equipment and implement sales. • Food lockers. • Fruit and vegetable stands. • Funeral homes and crematoriums. • Furniture repair, sales, and upholstery. • Gas stations and convenience stores. • Hotels. • Manufactured home sales and service. • Mini-warehouses. • Motels. • Parking areas and ramps. • Printing and duplicating shops. • Private clubs and lodges, except adult entertainment establishments. • Public uses. • Restaurants. • Self-service laundromats. • Signs and billboards. • Single-family residences. • Small wind energy systems. • Stores for conducting retail, service, or wholesale business. • Taverns. • Theaters, except outdoor theaters. • Trailer and truck rentals. • Vehicle and equipment sales, service, and showrooms. • Utilities. Conditional Uses • Adult entertainment establishments, subject to any applicable provisions contained in Part 5. • Auto salvage yards. • Banquet and dance halls. • Drive-in theaters. • Outdoor amusement centers. • Race tracks. • Shopping centers. • Sports arenas. • Telecommunication towers. • Transportation terminals. • Truck stops. • Water parks.
Yard Requirements • Minimum lot size 10,000 ft.², exclusive of road ROW. • Minimum 100 ft. lot width. • 7.5 ft. property line setback for principal and conditional use structures. • 5 ft. property line setback for accessory structures. • 60 ft. maximum height, unless a different maximum height is permitted. Accessory Uses • Roadside stand, one, which must be placed outside the right-of- way. Principal Uses • Activity and recreation centers. • Auto, truck, trailer, and other equipment sales and rentals. • Bowling alleys. • Building, electrical, heating, lumber, and plumbing supply yards. • Bulk storage of agricultural products, cooperatives, feed mills, and fertilizer plants.
ID	Industrial
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.
		• Fabricated metal, wood, or plastic products, except machinery and transportation equipment. • Food and kindred products. • Furniture and fixtures. • Garages for the repair, sales, service, or storage of automobiles, tractors, trucks, and accessory equipment. • 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. • Laboratories and research and development facilities. • Nonmetallic minerals mining. • Printing, publishing, and allied products. • Public uses. • Radio and television offices, towers, and transmission facilities. • Research facilities. • Secondhand household equipment, store fixtures, and office furniture sales, storage, and reconditioning. • Sign painting studio. • Signs identifying the name and business of the occupant of premises. • Small wind energy systems. • Substations for electrical power and light. • Utilities. • Warehousing. • Other uses not specifically listed, but which are deemed by the planning and zoning committee or Town Board to be similar to the uses listed above. Conditional Uses • Chemical and allied products production or storage facilities. • Community Uses. • Dwelling units for caretakers or guards. • Foundries. • Incinerators. • 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. • Leather and leather products. • Lumber and wood products. • Paper and allied products. • Petroleum and other inflammable liquid bulk production, refining, or storage facilities. • Plastic products. • Quarries and gravel, sand, or stone crushing, grading, milling, mining, and washing operations. • Rubber products. • Textile mills and textile products. • Machinery manufacturing. • Mini-warehouses. • Transportation equipment and parts. • Truck distribution, dispatching, loading, and transfer depots. • Solid waste facilities and transfer stations.
Yard Requirements • Minimum lot size 1 acre, exclusive of road ROW. • Minimum 150 ft. lot width. • 25 ft. property line setback for principal and conditional use structures. • 10 ft. property line setback for accessory structures. • 60 ft. maximum height, unless a different maximum height is permitted. Accessory Uses • Accessory structures and uses incidental to the principal use or to a permitted conditional use are allowed in the ID district. • Roadside stand, one, which must be placed outside the right-of- way. Principal Uses • Agricultural implement and equipment manufacture, sales, and service. • Analyzing, controlling, measuring, and recording instruments, including clocks; medical, optical, and photographic equipment; and watches. • Apparel and other finished products made from fabrics and similar materials. • Billboard manufacture. • Clay, concrete, glass, and stone products. • Coating, engraving, and allied services. • Computers and office equipment. • Contractor or construction shops, including air conditioning, building, cement, electrical, heating, refrigeration, masonry, painting, plumbing, roofing, and ventilation. • Electrical and electronic equipment and machinery. • Essential services.

CHAPTER 1 APPENDIX B (back to top)

Zoning Districts
(GA) General Agriculture	(HDR) High Density Residential
(LER) Large Estate Residential	(CB) Commercial/Business
(SER) Small Estate Residential	(ID) Industrial
(RR) Rural Residential	(PLI) Public Lands Institutional
Setback Requirements For All Zoning Districts
		Diagram A
Front Yard setback requirements for all districts & High Water setbacks to be established by Wisconsin Department of Natural Resources or Winnebago County Zoning staff. Diagram is not to scale.

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	1.5.11	Home Occupations
1.5.2	Accessory Structures	1.5.12	Manufactured Homes and Mobile Homes
1.5.3	Adult Entertainment Establishments	1.5.13	Manufactured Home Parks
1.5.4	Airports and Landing Strips	1.5.14	Outdoor Wood Burning Furnaces or Units
1.5.5	Telecommunications Towers and Antennas	1.5.15	Recreation Vehicles
1.5.6	Automobile Wrecking Yards, Dumping Grounds, Junk Yards, Sanitary Land Fills, and Salvage Yards	1.5.16	Sand, Gravel, and Rock Excavation
1.5.7	Cemeteries	1.5.17	Signs
1.5.8	Conservation Clubs, Shooting Clubs, and Shooting Ranges	1.5.18	Vacation Home Rentals
1.5.9	Convalescent Homes, Hospitals, Public Buildings, Nursing Homes, Sanitariums, and Utilities	1.5.19	Specifications and Mounting of Address Numbers
1.5.10	Parking Spaces; and Loading, Standing, and Unloading Areas	1.5.20 1.5.21	Filling and Grading Prohibited Residence & Dwelling Units
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