TOWN OF BYRON

FOND DU LAC COUNTY, WISCONSIN

ZONING ORDINANCE

An Ordinance under the provisions of Section 62.23(7) to promote the health, safety, morals and general welfare; to regulate and restrict the height, number of stories and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence and other purposes; and for the said purpose to divide the Town of Byron, Fond du Lac County, Wisconsin, into districts of such number, shape, and area as are deemed best suited to carry out the said purposes; to provide a method for its administration and enforcement and to provide penalties for its violation.

The Town Board of the Town of Byron, Fond du Lac County, Wisconsin having been granted village powers pursuant to Section 60.18(12), does ordain as follows:

ARTICLE I

Section 1.0 Interpretation and Purposes.

1.1 The provisions of this ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Town of Byron, Fond du Lac County, Wisconsin.

1.2 It is not intended by this ordinance to repeal, abrogate, annul, impair or interfere with any existing easement, covenants, or agreements between parties, or with any rules, regulations, or permits previously adopted or issued pursuant to laws; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this ordinance shall govern.

ARTICLE II

Section 2.0 Districts.

2.1 For the purposes of this ordinance, the Town of Byron, Fond du Lac County, Wisconsin is hereby divided into 5 districts as follows:

1. Residence District

2. Multi-Family Residence District

3. Exclusive Agricultural District

4. Agricultural Transition District

5. Business District

6. Industrial District

2.2 The boundaries of the aforesaid districts are hereby established as shown on the map entitled "Zoning Map for the Town of Byron, Fond du Lac County, Wisconsin," which map is made a part of this ordinance and is on file in the office of the Clerk of said township. All notations and references shown on the District Map are as much a part of this ordinance as though specifically described herein.

2.21 The district boundaries, unless otherwise indicated, are street or highway center lines, railroad right-of-way lines extended, lines parallel or perpendicular to such street, highway or railroad lines, the shore line of lakes or streams, lot or alley lines, section lines, quarter section lines, or quarter-quarter section lines, and when the designation on the district map indicates that the various districts are approximately bounded by any of the above lines, such lines shall be construed to be the district boundary line.

2.22 The district boundaries, where not otherwise designated, shall be determined by the use of the scale shown on the district map.

ARTICLE III

Section 3.0 Glossary of Terms.

3.1 General Terms. For the purposes of this ordinance, certain words and terms are defined as follows: Words used in the present tense include the future; the singular number includes the plural number and the plural number includes the singular number; the work "building" includes the word "structure"; the word "shall" is mandatory and not director. Any words not herein defined shall be construed as defined in the State building code.

3.2 Definitions.

3.21 Airport, Public - Any airport which complies with the definition contained in Section 114.013(3), Wisconsin Statutes, or any airport which serves or offers to serve common carriers engaged in air transport.

3.22 Alley - A street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.

3.23 Automobile Wrecking Yard - Any premises on which two or more automotive vehicles, not in operating condition, are stored in the open.

3.24 Boarding House - A building other than a hotel where meals, or lodging and meals, are furnished for compensation for 5 or more persons not members of a family.

3.25 Boathouse - Any structure designed for the purpose of protecting or storing boats for noncommercial purposes. Boathouses shall not be used for human habitation.

3.26 Boundary Separation - Specifications for separation between the nonmetallic mining site and nonmetallic mining operation, as defined in this ordinance, and adjacent property or right-of-way boundaries. Excluded from separation requirements are authorized ingress and egress roads and areas authorized by the board as defined in this ordinance.

3.27 Building - Any structure used, designed or intended for the protection, shelter, enclosure, or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

3.28 Building, Accessory - A building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises.

3.29 Building, Height of - The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.

3.30 Building, Main - A building constituting the principal use of a lot.

3.31 Center Line - A line connecting points on highways from which setback lines shall be measured, at any point on the highway.

3.32 Channel - A natural or artificial watercourse of perceptible extent, which definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

3.33 Dwelling, One Family - A detached building designed for or occupied exclusively by one family.

3.34 Dwelling, Two Family - A detached or semidetached building designed for and occupied exclusively by two families.

3.35 Dwelling, Multiple - A building or portion thereof designed for and occupied by more than two families including tenement houses, row houses, apartment houses and apartment hotels.

3.36 Environmental Pollution - The contaminating or rendering unclean or impure the air, land or waters of the state or making the same injurious to public health, harmful for commercial or recreational use or deleterious to fish, bird, animal or plant life.

3.37 Existing Nonmetallic Mining Operation - A nonmetallic mining operation existing before the effective date of this ordinance. For purposes of this ordinance, such operations shall be deemed to be confined to such parcels or portions of parcels as were, or had been under actual excavation as of May 11, 1993. When contiguous parcels are owned by the same entity and excavation operations are in existence on part of the land, all land constituting an integral part of the operations is deemed “in use” for purposes of determining what is an existing nonmetallic mining operation.

3.38 Expansion - Any vertical or horizontal increase beyond dimensions of the original application for the nonmetallic mining site.

3.39 Family - (a) an individual; or (b) 2 or more persons related by blood, marriage, or adoption; or (c) maximum of 5 persons not so related; together with his or their domestic servants and gratuitous guest maintaining common household in a dwelling unit or lodging unit.

3.40 Frontage - All the property abutting on one side of a road or street between 2 intersecting roads or streets or all of the property abutting on one side of a road or street between an intersecting road or street and the dead end of a road or street.

3.41 Garage, Private - An accessory building or space for the storage of motor-driven vehicles.

3.42 Garage, Public - Any building or premises, other than a private, or a storage garage, where motor-driven vehicles are equipped, repair, serviced, hired, sold or stored.

3.43 Garage, Storage - Any building or premises used for the storage only of motor-driven vehicles or motor-driven machinery, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold.

3.44 Home Occupation - A gainful occupation conducted by members of the family only, within their place of residence; provided that no article is sold or offered for sale on the premises except such as is produced by such occupation, that no stock in trade is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes, that no sign other than one unlighted name plate nor more than 2 feet square is installed and that no person other than a member of the immediate family is involved.

3.45 Hotel - A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than 5 sleeping room s with no cooking facilities in any individual room or apartment.

3.46 Junk Yard - A lot, land, building, or structure, or part thereof used primarily for the collecting, storage, and/or sale of waste paper, rags, scrap metal, or discarded material or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition and for sale or parts therefrom.

3.47 Lodging House - A building other than a hotel where lodging is provided for compensation for 3 or more persons not members of the family.

3.48 Lot, Zoning Lot - A single property, parcel, unit, tract, plot or otherwise designated to be used, as a unit under single ownership or control, and which may be occupied by 1 or more structures and the accessory structures, or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such structure. A "zoning lot" may or may not coincide with a lot of record.

3.49 Lot Corner - A lot located:

3.491 At the junction of and abutting 2 or more intersecting streets; or

3.492 At the junction of and abutting street and the nearest shoreline of highwater line of a storm or floodwater runoff channel or basin; or

3.493 At the junction of and abutting 2 or more storm or flood water runoff channels or basins; or

3.494 At and abutting the point of abrupt change of a single street where the interior angle is less than 135 degrees and the radius of the street is less than 100 feet.

3.50 Lot Depth - The average distance from the front to the rear lot lines measured in the general direction of the side lot lines.

3.51 Lot, Interior - A lot other than a corner lot.

3.52 Lot Width - The distance between side lines of the lot at the building line. In the case of a shoreland lot, the lot width is the width of the lot 75 feet from the waterline.

3.53 Mobile Home - a transportable factory built structure designed for long-term occupancy built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, and which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway, and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; including any additions, attachments, annexes, foundations and appurtenances. In the purpose of this Section, a mobile home shall remain classified as a mobile home regardless of whether its wheels or other rolling devices have been removed or not, and even though assessable value of additions, attachments, annexes, foundations and appurtenances or other added investments to the mobile home equal or exceed fifty percent (50%) of the assessable value of the mobile home. Excluded from this definition are "manufactured homes " as defined below.

3.531 Manufactured Home - A dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation or assembly at the building site which is certified and labeled as a manufactured home under 42 U.S.C. secs. 5401-5426, which, when placed on the site: (a) is set on an enclosed continuous foundation in accordance with sec. 70.41(1), Wis. Stats. and COMM 21, subchapters III, IV and V of the Wisconsin Administrative Code, or is set on a comparable enclosed continuous foundation system approved by the Building Inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure; (b) is installed in accordance with the manufacturer’s instructions; (c) is properly connected to utilities; and (d) meets other applicable standards of this Zoning Ordinance.

3.54 Mobile Home Park - Any plot or tract of ground upon which two or more mobile homes or manufactured homes, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

3.55 Motel - A building or group of buildings containing rooms which are offered for compensation for the temporary accommodations of transients.

3.56 Nonconforming Use - A building or premises lawfully used or occupied at the time of the passage of this ordinance or amendments thereto, which use or occupancy does not conform to the regulations of this ordinance or amendments thereto.

3.57 Nonmetallic Mining - operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel, and nonmetallic mineral such as asbestos, beryl, clay, feldspar, peat and talc, and related operations or activities such as excavation, grading or dredging, if the purpose of said activities is the extraction of mineral aggregates and nonmetallic minerals and related processes such as crushing, screening, scalping, dewatering and blending. The location where a nonmetallic mining operation is proposed or conducted includes all surface areas from which materials are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited, and areas disturbed by the nonmetallic mining operation. Nonmetallic mining includes, but is not limited to, quarrying, borrow pits and the preparation of hot blacktop mix or ready-mix concrete, and the operation of kilns. This definition does not apply to the following activities:

(3) (3) Excavation in conjunction with utility installation, which is to be backfilled.

(4) (4) Excavation in conjunction with road construction, within the limits of the right-of-way, when construction plans have been approved by the Department of Transportation and/or other governmental bodies.

(5) (5) Excavation which by nature is of limited duration such as graves, septic tanks, and swimming pools.

(6) (6) Agricultural drainage work incidental to agricultural operations and irrigation/stock watering ponds, if no material is removed from the property.

(7) (7) Excavation for structures, parking areas, and stripping of up to 1 1/2 feet of topsoil for the development of subdivisions, following final subdivision approval.

(8) (8) Regrading of property for aesthetic purposes that does not affect existing drainage, if no material is removed from the property.

(9) (9) Dredging operations under the jurisdiction of the U.S. Army Corps of Engineers or other governmental bodies.

(10) (10) Ponds developed for wildlife purposes in conjunction with the Soil Conservation Service or Land and Water Conservation Department.

(11) (11) Excavation activities related to sod farming.

3.58 Nonmetallic Mining Refuse - Waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining operation. This term does not include merchantable by-products resulting from or displaced by the nonmetallic mining operation.

3.59 Nonmetallic Mining Site or "Site" - The location where a nonmetallic mining operation is proposed or conducted including all surface areas from which materials are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited and areas disturbed by the nonmetallic mining operation by activities such as the construction or improvement of roads.

3.60 Operator - Any person who is engaged in a nonmetallic mining operation or nonmetallic mining site reclamation or who applies for or holds a nonmetallic mining permit issued under a nonmetallic mining reclamation ordinance whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors or subcontractors.

3.61 Professional Office - The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician beauty parlor or barbershop or other recognized profession. When established in the R-Residence or A-Agricultural District, a professional office shall be incidental to the residential occupation, not more than 25% of the floor area of only 1 story of a dwelling unit shall be occupied by such office, except that a beauty parlor shall be limited to 3 licensed operators working at any one time, and a barbershop to 2 licensed barbers operating in not to exceed 2 barber chairs at any one time; and provided further that a beauty parlor or barbershop shall not occupy over 500 square feet of floor area, including lavatories and waiting room; and only 1 unlighted name plate, not exceeding 4 square feet in area, containing the name and profession of the occupant of the premises shall be exhibited.

3.62 Reclamation - The rehabilitation of a nonmetallic mining site including but not limited to removal of nonmetallic mining refuse, grading the site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences, and restoration of plant, fish and wildlife habitat.

3.63 Replacement of Topsoil - The replacement of the topsoil which was removed or disturbed by a nonmetallic mining operation or the provision of soil which is at least as adequate as the topsoil which was removed or disturbed for the purposes of providing adequate vegetative cover and stabilization of soil conditions.

3.64 Roadside Stand - A structure not permanently fixed to the ground that is readily removable in its entirety covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises. No such roadside stand shall be more than 50 square feet in ground area and there shall not be more than 1 roadside stand on any one premises.

3.65 Sanitary Sewer - A constructed conduit for the collection and carrying of liquid and solid sewage wastes from 2 or more premises, other than storm water, to a sewage treatment plant, and which is approved by the Wisconsin Department of Natural Resources.

3.66 Setback - Lines established along and parallel to highways at specified distances from the nearest boundary line of the dedicated road right-of-way, which permitted buildings or structures shall be set back of, or outside of, and within which they may not be placed except as hereinafter provided. "Within the setback line" means between the setback line and the highway.

3.67 Sign - Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or any civic, charitable, religious, patriotic, fraternal or similar organization, or any sign indicating address. Each display surface of a sign shall be considered a sign.

3.68 Sign, Directional - A sign erected for the purpose of directing persons to a place of business, recreation or public building, school or church.

3.69 Special Use - A use which is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the Zoning District. Special Use as applied is synonymous with the term special exception.

3.70 Stable - "Stable" shall have the same meaning as "garage," one draft animal being considered the equivalent of one self-propelled vehicle.

3.71 Street - All property dedicated or intended for public or private street purposes or subject to public easements therefor and 21 feet or more in width.

3.72 Street Line - A dividing line between a lot, tract or parcel of land and a contiguous street.

3.73 Structure - Anything constructed or erected, the use of which requires a more or less permanent location on or in the ground. Includes but is not limited to objects such as buildings, factories, sheds, cabins, wells, septic tanks, and disposal fields.

3.74 Temporary Structure - A structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short useful life, or is built for a purpose that would commonly be expected to be relatively short-term and not to be habitable.

3.75 Structural Alteration - Any change in the bearing walls, columns, beams, girders, or supporting members of a structure; any change or rearrangement in the floor area of a building, any enlargement of a structure whether by extending horizontally or by increasing in height, and/or any movement of a structure from 1 location or position to another.

3.76 Traffic Lane - A strip of roadway intended to accommodate a single line of moving vehicles.

3.77 Yard - An open space, other than a court, on the same lot with a structure, lying between the structure and the nearest lot line, and is unoccupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.

3.78 Yard, Front - A yard extending the full width of a lot and situated between the front lot line and the nearest line of a structure located on said lot. Where a lot is located such that its rear and front lot lines each abut a street right-of-way line both such yards shall be classified as front yards. Every yard of a corner lot facing a street right-of-way line shall be classified as a front yard.

3.79 Yard, Rear - A yard extending the full width of a lot and situated between the real lot line and the nearest line of a structure located on said lot.

3.80 Yard, Side - A yard situated between the side lot line and the nearest line of a structure located on said lot and extending from the rear line of the front yard to the front line of the rear yard.

ARTICLE IV

Section 4.0 General Provisions. Except as otherwise provided:

4.1 The use and height of a building hereinafter erected, converted, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.

4.11 No alterations to any building, except uncovered steps, shall project into the front yard established at the time of the original construction of such building beyond a line connecting the nearest points on the setback lines of the next existing buildings on each side of such building.

4.12 Where a housing project consisting of a group of 2 or more buildings containing 4 or more dwelling units is to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout make it impractical to apply the requirements of this ordinance to the individual building units, the Board of Appeals may approve a development plan provided it complies with the regulations of this ordinance as applied to the whole plat.

4.13 Every part of a required yard shall be open to the sky unobstructed, except the accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 24 inches, and/or up to 48 inches for solar heating systems.

4.14 All dwellings shall conform to minimum floor size and be securely anchored to a permanent footed foundation or slip.

4.15 Exceptions. The regulations contained herein relating to the heights of buildings and the size of yards and other open spaces shall be subject to the following exceptions.

4.151 Churches, schools, hospitals, sanatoriums and other public an quasi-public buildings may be erected to a height not exceeding 65 feet nor 5 stores, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least 1 foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.

4.152 Chimneys, cooling towers, elevator bulkheads, fire towns, silos, monuments, penthouses, setbacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts or aerials, telephone, telegraph and power poles and lines, micro-wave radio relay structures, and necessary mechanical appurtenances are hereby excepted from the height regulations of this ordinance and may be erected in accordance with the other regulations or ordinances of the Town of Byron.

4.153 Residences in the Residential and Agricultural Districts may be increased in height by nor more than 10 feet when all yards and other required open spaces are increased by 1 foot for each foot by which such building exceeds the height limit of the district in which it is located.

4.154 Where a lot abuts on 2 or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.

4.155 Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with.

4.156 Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard and shall not be nearer than 5 feet to any lot line. Where an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard regulations applicable to the main building shall be applied to the necessary building.

4.157 Open or enclosed fire escapes and fire towers may project into a required yard not more than 5 feet provided they be so located as not to obstruct light and ventilation.

4.2 No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.

4.3 No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required for another building.

4.4 Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there by more than 1 main building on 1 lot, except in the A-1 or A-T district, where up to two main buildings may be placed on the same parcel, if the parcel contains at least 72,000 square feet (twice the minimum lot size).

4.5 Nonconforming Uses.

4.51 The existing lawful use of a building or premises at the time of the enactment or amendment of this ordinance may be continued although such use does not conform with the regulations for the district in which it is located. Except in the Exclusive Agricultural and Agricultural Transition Districts, as per Section 6.33, such nonconforming uses shall not be extended. Nonconforming mobile homes shall not be moved, relocated or placed unless in conformity with this ordinance.

4.52 If no structural alternations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.

4.53 If a nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located.

4.6 Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof the construction of which shall have been started prior to the effective date of this ordinance.

4.7 In the Business or Industrial Districts, wherever a lot abuts upon a public or private alley, sufficient space for the loading or unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the alley shall at all times be free and unobstructed to the passage of traffic.

4.8 All theaters, arenas, auditoriums, churches or other places of public gathering hereafter erected shall provide an accessible parking space of sufficient size to accommodate at least 1 car for every 5 seats provided.

4.9 Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

ARTICLE V

Section 5.0 R-Residential District.

The R-Residential District is intended to provide the area covered by this ordinance with low density residential district.

5.1 Within the R-Residential District the following uses are permitted:

5.11 One-family dwellings;

5.111 Manufactured homes occupied by not more than one (1) family and complying with all of the following requirements and limitations: (a) the home shall be a double-wide of at least twenty four (24) feet in width and forty two (42) feet in length; (b) the home shall be installed on an approved foundation system in conformity with the Uniform Dwelling Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector and/or Town Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home; (c) the home shall be equipped with foundation siding, which, in design, color and texture, appears to be an integral part of the adjacent exterior wall of the manufactured home; (d) the home shall comply with other applicable structural requirements of this Zoning Ordinance.

5.12 Two-family dwellings;

5.13 Public parks, playgrounds;

5.14 Conversion of any existing building to a permitted use;

5.15 General farming, but not including the keeping, raising or feeding of livestock or poultry or fur farming;

5.16 Home occupations, provided that no more than 1 sign not be illuminated and not exceeding 4 square feet in area which refers to the home occupation is placed on the premises.

5.2 Regulations and Standards: The following regulations and standards shall apply to all dwellings.

5.21 Occupancy: Residential occupancy per dwelling unit shall be limited to 1 family and not more than 2 roomers or boarders.

5.22 Location: Dwellings shall be located so as to abut a public highway and lots shall have a minimum of 50 feet of frontage thereon.

5.23 Ground Floor Area: The minimum ground floor area per dwelling unit shall be one thousand eight (1,008) square feet for one story, nine hundred (900) square feet for split level, and eight hundred (800) square feet for dwellings of two stories or more. No dwelling shall be less than twenty four (24) feet in width. Not less than one-half (½) of the vertical measurement of a story must be above ground level.

5.231 Accessory Buildings: Accessory buildings located in the Residential District shall be no more than ten (10) feet in height at the eaves and shall be located in the rear yard. No accessory building shall occupy more than nine hundred (900) square feet of yard area. The term ‘accessory building’ does not include a garage used primarily for parking of self-propelled, non-commercial vehicles.

5.24 Off-Street Parking Space: (1) each dwelling unit shall be provided with a minimum of 2 off-street parking spaces located in the same lot or tract of land as the dwelling served; (2) such off-street parking space shall total at least 300 square feet for each space required; (3) not more than 1 such space within a private garage or private carport shall be rented or leased to a non-resident of the premises; (4) location: no such space shall be located less than 10 feet from any front lot line and shall be located not less than 5 feet from any side or rear lot line.

5.25 Dimensions of Building Sites:

5.251 Lots not served by Public Sanitary Sewer.

Minimum Area and Width for each family unit:

1) the minimum lot area shall be 65,340 square feet (1 ½ acres)and the minimum lot width 150 feet at the building line; on riparian lots, 75 feet at the water's edge.

2) where soil conditions are such as to require larger lot sizes for subdivisions of land under the provisions of Section H62.20 and or H65, Wisconsin Administrative Code or the Sanitary Ordinance of Fond du Lac County, then such larger lot sizes shall be considered as required by the Zoning Ordinance.

3) the building inspector shall require a sanitary permit issued by the County Sanitarian under the County Sanitary Ordinance.

5.26 Height - Not to exceed 35 feet or 3 stories.

5.27 Side Yard - (1) For buildings not over 1 1/2 stories in height, the sum of the width of the required side yards shall not be less than 25 feet and no single side yard shall be less than 10 feet; (2) For buildings from 1 1/2 stories to 3 stories in height, the sum of the width of the required side yard shall not be less than 30 feet and no single yard shall be less than 12 feet.

5.28 Rear Yard - Minimum depth 25 feet. On riparian lots, rear yards shall comply with applicable County ordinances and State law.

5.29 Structural Requirements - Residential dwellings, including manufactured homes, shall be equipped with a roof pitched at a minimum level of three (3) inches to twelve (12) inches. The dwelling must also be constructed with overhanging eaves with a minimum of twelve (12) inches of overhang.

ARTICLE VI

Section 6.0 Exclusive Agricultural District (A-1).

PURPOSE

6.1 Purposes. The purposes of the A-1 District are to: (1) preserve productive agricultural land for food and fiber production; (2) preserve productive farms by preventing land use conflicts between incompatible uses and controlling public service costs; (3) maintain a viable agricultural base to support agricultural processing and service industries; (4) prevent conflicts between incompatible uses; (5) reduce costs of providing services to scattered non-farm uses; (6) pace and shape growth; (7) implement the provisions of the County agricultural plan as adopted and periodically revised; and (8) comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under s.71.09(11).

LANDS INCLUDED WITHIN THIS DISTRICT

6.2 Lands Included Within This District: This district is generally intended to include prime agricultural lands historically exhibiting high crop yields, which generally consist of Class I, II and III soil capability classes established by the Soil Conservation Service, USDA. This district also includes other lands which are integral parts of productive farm operations.

PERMITTED USES

6.3 Permitted Uses. The following are permitted uses unless regulated as special exceptions under 6.4:

6.31 Agricultural Uses: Beekeeping; dairying; egg production; florculture; forest and game management; grazing; livestock raising (less than 750 cattle or 1500 hogs or sheep); orchards; plant greenhouses and nurseries; poultry raising (less than 2,000 fowl); raising of grain, grass, mint, and seed crops; raising of fruits, nuts, berries; sod farming and vegetable raising. (Source s. 91.01(1) Wis. Stats.) Existing farm dwellings and related structures which remain after farm consolidation or farm sale may be separated from the farm lot, and are not subject to the 35 acre minimum lot size.

6.32 Agriculturally-Related Residences: The only residences allowed as permitted uses are those which are to be occupied by a person who, or a family at least one adult member of which, earns a substantial part of his or her livelihood from farm operations on the farm parcel, or a parent or child of the operator of the farm.

6.33 Pre-Existing Residences and Residential Lots: Pre-existing residences located in areas subject to zoning under this section which do not conform to paragraph 6.32 may be continued in residential use and shall not be subject to any limitations imposed or authorized under s. 59.97(10). Such pre-existing residences may be altered, repaired or rebuilt if destroyed but are subject to setback, height and other dimensional requirements. Residential lots of record at the date of the adoption of this ordinance may be used for new residences, which shall then be classified as pre-existing residences.

6.34 Other Agriculturally-Related Structures and Improvements: No structure or improvement may be built unless consistent with agricultural use, or unless otherwise permitted by this ordinance.

Comment: Source 91.75(3).

6.35 Permitted Utility Uses: Gas and electric utility uses not requiring authorization under s. 196.491 (Certain electric generating facilities and transmission lines).

SPECIAL USES

6.4 Special Uses.

6.41 Agricultural related, religious, other utility uses which are not permitted uses, institutional or governmental uses which do not conflict with agricultural use and are found necessary in light of alternative locations available for such uses.

Comment: This restates s. 91.75(5).

6.42 Standards Applicable to Special Uses: The Department of Agriculture, Trade and Consumer Protection shall be notified of the approval of any special uses. In passing upon applications for special uses, the Board of Appeals shall consider the following relevant factors:

1. The statement of purpose of the zoning ordinance and the A-1 district.

2. The potential for conflict with agricultural use.

3. The need of the proposed use for a location in an agricultural area.

4. The availability of alternative locations.

5. Compatibility with existing or permitted uses on adjacent lands.

6. The productivity of the lands involved.

7. The location of the proposed use so as to reduce to a minimum the amount of

productive agricultural land converted.

8. The need for public services created by the proposed use.

9. The availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.

10. The effect of the proposed use on water or air pollution, soil erosion and rare or irreplaceable natural resources.

6.43 Conditions Which May Be Attached To Special Uses: Upon a consideration of information supplied at the public hearing and a review of the standards contained in 6.42, the following conditions may be attached to the granting of a special use: increased setbacks and yards; specifications for water supply, liquid waste, and solid waste disposal facilities; landscaping and planing screens, sureties, operational controls, erosion prevention measures; location of the use; and similar requirements found necessary to fulfill the purpose and intent of this ordinance. A performance bond may be required to insure compliance with such requirements. Violation of these conditions shall constitute a violation of this ordinance as provided in Section 15.

MINIMUM LOT, HEIGHT, AND YARD REQUIREMENTS

6.5 Minimum Lot, Height and Yard Requirements:

6.51 Minimum Lot Size:

1. The minimum lot size to establish a residence or farm operation is 35 acres, except as provided in (2)-(4) below (Source s. 91.75 as amended).

2. The minimum lot size to establish a separate parcel for an additional residence for persons allowed to build under section 6.32 shall be 65,340 sq. feet.

3. Where an additional residence for persons specified in (2) above is located on a farm without creating a separate parcel, the residence shall be at least 100 feet from other residences.

4. The minimum lot size for farm residences or structures which existed prior to the adoption of this ordinance and which are separated from a larger parcel through farm consolidation shall be 65,340 sq. feet.

6.52 Yards:

1. The minimum side and rear yards for farm dwellings and accessory structures shall be 10 feet from the nearest lot lines. Livestock pens or structures must be at least 100 feet from the nearest lot line. Structures or pens housing fur-bearing animals must be located at least 300 feet from the nearest property line.

2. Highway setbacks for farm dwellings and structures shall be as specified in Section 10 of this ordinance.

6.53 Minimum lot size, height and yard requirements for special exceptions:

1. The minimum lot size, height, and yard requirements for special exceptions uses shall be as specified in the special exception permit, but in no case shall be less than 50 feet from a lot line and shall be set back at least the distance specified in Section 10 of this ordinance.

STANDARDS FOR REZONING

6.6 Standards for Rezoning: The Department of Agriculture, Trade and Consumer Protection shall be notified of all rezonings. Decisions on petitions for rezoning areas zoned for exclusive agricultural use shall be based on findings which consider the following:

1. Adequate public facilities to serve the development are present or will be provided.

2. Provision of these facilities will not be unreasonable burden to local government.

3. The land is suitable for development.

4. Development will not cause unreasonable air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas.

5. The potential for conflict with remaining agricultural uses in the area.

6. The need of the proposed development location in an agricultural area.

7. The availability of alternative locations.

8. The productivity of the agricultural lands involved.

9. The location of the proposed development to minimize the amount of agricultural land converted.

NOTE: The inclusions of items 1-4 meets the requirement of s. 91.77(1). In addition, the local government may also want to consider the effect of the rezoning on nearby farmers, the agricultural land base of the area, and the potential for land use conflicts. Items 5-8 include these other concerns. Local governments may want to add to the list. The findings should be made in writing with a copy to the applicant and the Wisconsin Department of Agriculture, Farmland Preservation Section, which under s. 91.77(3) must be notified of all rezonings.

ARTICLE VII

Section 7.0 Agricultural Transition District (A-T).

PURPOSE

7.1 Purpose. The purposes of the A-T district are to: (1) provide for the orderly transition of agricultural land to other uses in areas planned for eventual urban expansion; (2) defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost; (3) ensure that urban development is compatible with local land use plans and policies; (4) provide periodic review to determine whether all or part of the lands should be transferred to another zoning district. Such review shall occur: (a) a minimum of every five years; (b) upon completion or revision of a County agricultural preservation plan or municipal land use plan which affects lands in the district; or (c) upon extension of public services, such as sewer and water, necessary to serve urban development.

LAND INCLUDED IN THIS DISTRICT

7.2 Lands Included Within this District: The district is generally intended to apply to lands located adjacent to incorporated municipalities or urbanized areas where such lands are predominantly in agricultural or related open space use but where conversion to non-agricultural use is expected to occur in the foreseeable future. Lands indicated as transition areas in the agricultural plan and similar land are to be included.

PERMITTED USES

7.3 Permitted Uses: Same as Section 6.3 Exclusive Agricultural District (A-1).

SPECIAL USES

7.4 Special Uses: Same as Section 6.4 Exclusive Agricultural District (A-1).

MINIMUM LOT, HEIGHT, AND YARD REQUIREMENTS

7.5 Minimum Lot, Height and Yard Requirements: Same as Section 6.5 Exclusive Agricultural District (A-1).

STANDARDS FOR REZONING

7.6 Standards for Rezoning: Same as Section 6.6 Exclusive Agricultural District (A-1).

Comment: This is a separate exclusive agricultural zoning district of a short-term nature. The Farmland Preservation Law recognizes that it may be desirable to limit some areas needed for future development to agricultural use on a short term basis. S. 91.55 (b) states: Transition areas shall be areas in predominantly agricultural uses which the plan identifies for future development.

ARTICLE VIII

Section 8.0 Business District.

8.1 Permitted Uses. The Business District is intended to provide space for those retail, business, service business and office uses serving the area. Within the Business District the following uses are permitted:

1. Any use permitted in R-Residential District.

2. Retail stores and shops.

3. Banks, post office, medical or dental clinics; business or professional offices.

4. Service-type business, such as barbershop, beauty parlor, laundromat, music, dancing, art or photography studio, servicing or repair or home appliances or farm equipment and similar uses.

5. Automobile service stations and public garages; new or used car sales areas; new or used farm equipment sales areas, sale or repair of other vehicles; but not including the storage of wrecked vehicles or wrecked farm equipment.

6. Hotel, motel, boarding or lodging houses, and dwelling units, located on the same lot with such a permitted use.

7. Clubs, lodges, public meeting halls, theaters, bowling alley, similar places of assembly or recreation.

8. Blacksmith shops, machine shops, welding shops, sheet metal shops.

9. Farm implement sales.

10. Feed mill.

11. (a) Advertising and announcement signs which advertise the products, goods or services offered by a specific business conducted on the premises where the sign is located, not exceeding 350 square feet in area (on double faced signs, only 1 side shall be counted in determining square footage); such sign shall be set back from the highway right-of-way line 1 foot for each additional 10 square feet in excess of 100 square feet, and shall provide a minimum of 6 feet of visual clearance above ground level; such signs if illuminated, shall not blink or be mechanically activated in whole or in part; and provided that setback requirements, except as in this paragraph set out, shall not apply to such signs.

(b) Directional signs indicating the location of a business offering goods or services conducted on premises located within the Town and on a location so set up that persons travelling on the highway may conveniently locate the business, even though located off the highway on which the sign is located. Such signs shall observe setback and side yard requirements, shall not be illuminated and shall not exceed 250 square feet in area.

8.2 Regulations and Standards.

8.21 All residence uses shall comply with the regulations and standards provided for R-Residential District, Section 5.2.

8.22 Height of Buildings: Not to exceed 60 feet.

8.23 Side Yard: As established for R-Residential District, Section 5.27.

8.24 Setback: As established for R-Residential District.

8.25 Rear Yard: As established for R-Residential District, Section 5.28.

8.26 Minimum Lot Size: As established for R-Residential District, Section 5.251.

8.27 When an apartment or residence is a part of the business structure, then there shall be additional square footage sufficient to qualify the same under the requirements for residences in the R-Residential District and subject to the alternative provisions and the tests provisions therein contained. This same provision shall apply to multiple family residence, boarding houses and lodging houses.

8.28 Off-Street Parking Space: Off-street parking spaces shall be provided as follows:

8.281 1 off-street parking space per dwelling unit or lodging unit on the same lot or tract of land of such dwelling unit or lodging unit served.

8.282 1 off-street parking space per person, normally employed on the lot or tract of land.

8.283 1 off-street parking space for each 100 square feet of retail sales floor area of the establishment being served.

ARTICLE IX

Section 9.0 I-Industrial District.

9.1 Permitted Uses. In the I-Industrial District no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this ordinance, except for 1 or more of the following uses:

(1) Any use permitted in the Business District, but not including religious, educational and institutional uses or residential uses other than the dwelling of a watchman or caretaker employed on the premises, the residence of a farmer engaged in general farming on the premises or dormitories and bunkhouses for the accommodation of seasonal workers employed in the harvesting, processing or manufacture of food and food products.

(2) Cleaning, dyeing and pressing establishments and laundries, except bag cleaning.

(3) General farming.

(4) Knitting mills and the manufacture of products from finished fabrics.

(5) Laboratories.

(6) Manufacture of goods from leather, but not tanning or hides, or manufacture of leather.

(7) Manufacturing of products not otherwise prohibited.

(8) Nonmetallic mining subject to the requirements of Section 11.325.

(9) Printing and publishing.

(10) Processing, packing and manufacture of food, except meat and meat products, fish and fish products, sauerkraut and cabbage by-products or the vining of peas.

(11) Repair, service and assembly of motor-propelled or non-motor-propelled vehicles, including the repair and storage of automotive accessories, except the wrecking of motor-propelled vehicles; black-smithing, tin-smithing and welding shop.

(12) Storage and warehousing of fuel and materials, except contractors' yards and the storage of wrecked and dismantled vehicles, junk, explosives, or inflammable gases or liquids.

(13) Wholesale business.

(14) Advertising and announcement signs as defined in Section 8.1(11).

Any other uses similar in character to or customarily established in connection with the foregoing.

9.2 Regulations and Standards.

9.21 Minimum Lot Size. 150 feet minimum width at building line, 36,000 square feet in area.

9.22 Maximum Coverage. The amount of the total lot area which may be covered by all principal and accessory building shall not exceed 50%.

9.23 Required Yards and Open Spaces. On every lot in the I-Industrial District yards shall be required as follows:

A front yard on each lot line abutting a street, a side and a rear yard, except in the case where 3 lot sides abut, there shall be required in addition to 3 front yards, a side yard.

9.231 Front Yard. Depth where a lot abuts a highway or street shall be 60 feet from the right-of-way.

If the building is to be constructed in an established block where there are existing buildings, the yard depth shall be the average of the yard depths of buildings existing on the block face where the building is to be located, but not less than 15 feet from the right-of-way.

9.232 Side Yard. Width shall be 10 feet or greater, no accessory building shall project into the required side yard space.

9.233 Rear Yard. Depth shall not be less than 25 feet. within the required yards or in addition thereto, there shall be sufficient space for the loading and unloading of motor vehicles off the street.

Where a lot abuts a lot in a R-Residential District there shall be provided along such lot line a suitable buffer or plant materials, fencing or a combination of both, to shield the residential area from the industrial area. Where the transition from the I-Industrial District to the R-Residential District is a public street, the front yard in the I-Industrial District shall be suitable landscaped.

9.24 Any permitted use shall be so constructed and operated as to create no nuisance with respect to noise, vibration, emission of smoke or particular matter, glare and heat or as to create fire or explosive hazards.

9.25 Off-Street Parking Space. Off-street parking shall be provided as follows:

9.251 1 off-street parking space per person normally employed on the lot or tract of land.

9.252 1 off-street parking space for each truck or other vehicle incidental to the use of such lot or tract of land.

9.26 Signs. Signs are permitted as an accessory use to the principal use of the premises.

9.261 The gross area of signs per establishment shall not exceed 2 times the lineal feet of frontage of the zoning lot on which such signs are located.

9.261 No signs affixed to a structure shall project more than 3 feet beyond the limits of such structure and shall not project across lot lines.

9.27 On lots not served by public sewer, sufficient lot area shall be provided so that the requirements of Fond du Lac County Sanitary Code and all provisions of the Administrative Code relating to the use and occupancy of the building are complied with.

ARTICLE X

Section 10.0 Highway Setback Lines.

10.01 In order to promote and enhance the public safety, general welfare and convenience, it is necessary that highway setback lines be and they are hereby established in the Town of Byron, Fond du Lac County, Wisconsin, outside the limits of incorporated cities and villages; along all public highways; at the intersections of highways with highways and highways with railways as hereafter provided.

10.02 Where a highway is located on a village boundary, this section is not intended to be effective on the side within the village, nor on the side within another town where the highway is located on a town boundary.

10.1 Structures Prohibited Within Setback Lines. No new building, mobile home, new sign or other structure or part thereof shall be placed between the setback lines established by this ordinance and the highway, except as provided by this ordinance, and no building, mobile home, sign or structure or part thereof existing within such setback lines on the effective date of this ordinance shall be altered, enlarged or added to in any way that increases or prolongs the permanency thereof, or be reconstructed in its original existing location after having been destroyed by fire, storm or other catastrophe to the extent of 50% or more of its current value as determined by the local assessor.

10.2 Structures Permitted Within Setback Lines. The following kinds of structures may be placed between the setback line and the highway:

10.21 Open fences.

10.22 Telephone, telegraph and power transmission poles and lines and micro-wave radio relay structures may be constructed within the setback lines, and additions to and replacements of existing structures may be made, provided the owner file with the Town Board an agreement in writing to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of this ordinance at his expense, when necessary for the improvement of the highway.

10.23 Underground structures not capable of being used as foundations for future prohibited overground structures.

10.24 Access or service highways constructed according to plans as approved by the Board of Appeals. In giving such approval, the Board of Appeals shall give due consideration to highway safety and maximum sight distances.

10.25 This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees; provided, however, that no building or structure, trees or shrubbery, shall be so located, maintained or permitted to grow so that the view across the sectors at the intersections shall be obstructed.

10.3 Setback Distances. Except as otherwise provided, the distances from the dedicated road right-of-way to the setback line applicable to the various classifications of highways as defined in this ordinance, shall be as provided by the following paragraphs of this subsection, respectively.

10.31 In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail.

10.32 Along road rights-of-way generally, the setback distances from the nearest boundary of the right-of-way, at any point shall be 67 feet, except in platted subdivisions, where the setback distance shall be 30 feet, and excepting lots abutting private roads where the setback distance from private roads shall be 50 feet.

10.321 Exceptions: Except that where buildings, structures or uses are to be erected or established between buildings existing at the time of the adoption of this ordinance which buildings are located not more than 150 feet apart and have setback lines less than are established by this section, the setback line for each such proposed building, structure or use shall be the average of the setback lines of the nearest existing buildings on both sides of the proposed building, structure or use, provided that a setback line of more than 67 feet from the nearest boundary of the road right-of-way shall not be required in any case. The Board of Appeals may further vary this regulation in appropriate cases, provided that the Board of Appeals shall establish such conditions as will save the Town harmless from additional improvement damages which might accrue when and if the highway is improved, and provided further that no such variation shall permit a setback less than the average setback of the adjacent buildings.

10.33 At Ordinary Highway Intersections. At grade intersections of highways with highways, except those roads and streets in platted subdivision which do not intersect Class 2 Highways or Class 3 Highways, there shall be vision clearance triangles in each sector of such intersections. Each such vision clearance triangle shall be established by a supplementary setback line, which shall be a straight line connecting points on the setback lines along the intersecting highways and 50 feet back from the intersection of such setback lines.

10.331 Class 2 highways include the following: (1) County trunk highways that have not been improved in accordance with engineering surveys or plans accepted by the County Board or their agent, the County Highway Committee. (2) County trunk highways that have been improved according to the engineering surveys and plans accepted by the County Board or their agent, the County Highway Committee. Class 3I highways include state trunk highways that have been approved according to surveys and plans of the State Highway Commission or plans accepted by the County Board, and United States highways.

10.34 At Highway Intersections With Transitional Widening. At intersections provided with transitional widening of pavement or surfacing, such transitional widening shall be considered as additional width, and the setback line on the side which is widened shall be increased by an amount equal to the width of the additional pavement.

10.35 At Highway Intersections With Curve Connections. In all cases where the right-of-way curves, the setback from any point on the curve shall be measured on a line perpendicular to the tangent of the nearest boundary of the right-of-way at that point.

10.36 At Railroad Grade Crossings. At railroad grade crossings there shall be vision clearance triangles in each sector of such intersection. Each such vision clearance triangle shall be established by a supplementary setback line which shall be a straight line connecting points on the railway right-of-way line and the highway setback line and 75 feet back from the intersection of such highway setback lines and such railway right-of-way line.

ARTICLE XI

Section 11.0 Special Uses.

11.1 A "Special Use" is a use which is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the zoning districts established herein. It is hereby declared the policy and purpose of this ordinance to employ the Special Use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety and welfare and individual property rights. Special Use standards for the Exclusive Agricultural and Agricultural Transition Districts are detailed in Section 6 and 7 of this ordinance.

11.2 Authorizing Special Use Permits. Special Use Permits may be authorized by the Board of Appeals in accordance with the procedure set forth in Section 12.35 when it appears.

11.21 That it is reasonably necessary for the public convenience at that location.

11.22 That it is so designed, located and proposed as to be operated so that it will not be injurious to the district in which it shall be located or otherwise detrimental to the public welfare.

11.23 That it conforms to the applicable regulations and standards of and preserves the essential character of the district in which it shall be located.

11.24 That in the case of an existing non-conforming use, will make such use more compatible with its surroundings.

11.3 Schedule of Special Uses. Special uses which may be authorized by the Board are as follows:

11.31 Multiple Family Dwelling in the R-Residential District shall be subject to the standards and regulations as set out in Article V, R-Residential District, the following paragraphs: 5.21, 5.22, 5.251, 5.26 and 5.29 together with the following additional standards and regulations:

A. Ground Floor Area. Minimum ground floor area per dwelling unit shall be for each 1-bedroom unit, 700 square feet; for each 2-bedroom unit, 800 square feet; for each 3-bedroom unit, 1,000 square feet - exclusive of common use hallways.

B. Off-Street Parking Space. Off-street parking spaces of not less than 300 square feet for each space required shall be provided on the same lot or tract of land as the dwelling served, located not less than 10 feet from any front lot line and not less than 5 feet from any side or rear lot line: 1.5 spaces for each 1-bedroom unit; 1.5 spaces for each 2-bedroom unit and 2 spaces for each 3-bedroom unit and no such space shall be rented or leased to a non-resident of the premises.

1) Parking areas shall be screened with decorative fence or shrubbery from the street and adjacent property and shall provide sufficient area so that vehicles may re-enter the public highway in a forward direction.

C. Dimension of Building Sites.

1) Minimum area and width for a 3-family unit shall be a minimum of 45,000 square feet with a minimum lot width of 200 feet.

2) For more than a 3-family unit, 45,000 square feet plus 7,500 square feet per family unit in excess of 3 with a minimum lot width of 250 feet.

3) Side Yard. Sum of the required side yards shall be 15 feet per unit with a maximum of 40 feet; no single side yard shall be less than 40% of the required total. A two-unit building would require total side yard width of 30 feet, approximately 15 feet on each side.

D. Site Improvements.

1) Refuse disposal shall be in metal containers in the rear yard and appropriately screened and accessible for removal from a driveway or a yard serviced driveway.

2) Such additional screening shrubbery and the like as shall be necessary and reasonable in order to retain the aesthetic values of the area and to protect adjacent property.

3) Such fencing as may be necessary for the safety of the occupants and the public generally.

11.32 In the A-1, A-T, or I-Industrial District:

(1) Automobile wrecking yard or junk yard, in the Industrial District only.

(2) Sanitary landfill.

(3) Canneries, cheese factories, condenseries, creameries, pea viners and such other establishments for the processing, packing or manufacture of the agricultural products of Fond du Lac County as may have a nuisance factor not separable therefrom, such as the emission or effluence of noxious or odorous wastes or by-products.

(4) Charitable institutions.

(5) Nonmetallic mining, provided that:

a. In the case of parcels which neither were, nor had been under actual excavation as of May 11, 1993, an application for a nonmetallic permit shall be submitted by the operator to the Town Clerk. The Town Board shall refer the application to the Board of Appeals.

b. In the case of existing nonmetallic mining operations, the operator shall register such parcels or portions thereof with the Town Clerk.

c. The application or registration, as the case may be, shall be accompanied by information which shall include the following:

(1) The name and address of the operator;

(2) A signed copy of the lease or a letter signed by the owner of record authorizing the operator to enter upon the owner's land for the purpose of nonmetallic mining;

(3) A legal description and general location map of the tracts of land involved;

(4) A plan of the site showing proposed and existing roads and drives;

(5) A plan of the site showing the sources, quantity and disposition of water to be used, if any;

(6) An operation plan that includes the following information:

Additional requirements. In addition to the foregoing requirements and standards, the following authorities may:

1) Require preapproved designs and standards for accessory buildings, the placement thereof on the site or in the general area.

2) Require park and play areas and equipping thereof, recreation areas and service structures, and general parking area and the location thereof within the park in approved areas.

3) Permit the erection of a permanent residence for the resident manager, including a parking office in connection therewith.

11.332 Municipal sewage disposal plants, subject to the provision that they shall be located not less than one thousand (1000) feet from the nearest dwelling, shall be properly and adequately screened and buffered from the highway and adjacent property, and shall be so constructed and operated that there shall be no offensive odors or noise, and that there is adequate provision for the effluent and for the disposal of all sludge and residues, and that the area shall be completely enclosed with an adequate chain link type of fencing in addition to shrubbery screening; and that the foregoing provisions and all the provisions required by State law or Administrative Code are maintained during the operation thereof.

11.34 In all districts:

11.341 Electric and/or gas substations, public waterworks and appurtenant structures, telephone exchanges, police stations, fire stations, and governmental administration building.

11.342 Topsoil removal.

ARTICLE XII

Section 12.0 Zoning Board of Appeals. Under the provisions of Section 62.23(7)(e) Wisconsin Statutes, there is hereby established a Board of Appeals.

12.1 Organization of Board of Appeals. The Board of Appeals shall consist of 5 members appointed by the Town Chairman and subject to confirmation of the Town Board for terms of 3 years, except that of those first appointed, 1 shall serve for 1 year; 2 for 2 years and 2 for 3 years. The members of the Board shall serve at such compensation to be fixed by resolution. The Town Chairman shall designate one of the members chairman. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

12.2 Meetings of the Board of Appeals. The Board shall adopt rules in accordance with the provisions of this section. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

12.3 Power of the Board of Appeals. The Board of Appeals shall have the following powers:

12.31 To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination by an administrative official in the enforcement of this ordinance.

a. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer of the Town affected by any decision of the Building Inspector. Such appeal shall be taken within 20 days of filing with the Building Inspector and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the appeals action was taken.

b. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof by a Class 1 notice under Chapter 985, Wisconsin Statutes, in an official paper or a paper of general circulation, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

12.32 To permit the extension of a district where the boundary lines of a district divides a lot in single ownership as shown of record.

12.33 To interpret the provisions of this ordinance where the street layout on the ground differs from the official Zoning Map.

12.34 To authorize upon appeal in specific cases, a variance from the standards of the ordinance as will not be contrary to the public interest. Variations for uses shall not be granted by the Board. A variance for the purpose of this ordinance shall not be granted unless:

a. A written application for a variance is submitted demonstrating:

1. That special conditions exist which are peculiar to the land or structure involved which are not applicable to other lands or structures in the same district.

2. That literal enforcement or the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other lands or structures in the same district under the terms of this ordinance.

3. That the special conditions and circumstances do not result from the actions of the applicant.

4. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands or structures in the same district.

a. No non-conforming use of neighboring lands or structures in the same district, and no permitted use of land or structures in other districts shall be considered grounds for the issuance of a variance.

b. The application is in proper form and a fee as specified in Section 14.2 has been paid. The Board shall hold a public hearing on such matter in accordance with the provisions of Section 12.31(b). Reasonable special conditions and safeguards for the protection of the public health, safety, and welfare may be imposed by the Board if it grants the application for variance.

12.35 Grant a Special Use.

a) An application for one of the Special Uses of Land specified in Section 11.3 shall be made by filing a written application or petition to the Board. Such applications shall:

1) State the name and address of applicant and owner.

2) State the location of property for which the Special Use Permit is sought.

3) State the specific Special Use desired.

4) State the facts sufficient and demonstrate that the conditions prescribed in Section 11.2 exist and support such statement with any plans and/or data as are required by the Board.

b) If the application for Special Use is in proper form and a fee as determined by Section 14.2 has been paid, the Board shall hold a public hearing on such matter and give notice as provided in Section 12.31(b). Reasonable special conditions and safeguards for the protection of the public health, safety and welfare may be imposed by the Board if it grants the application for Special Use.

c) Nothing herein contained shall be construed to give or grant to the Board of Appeals the power or authority to alter or change the zoning ordinance or the District Map; such power and authority being reserved to the Town Board.

d) No Special Use Permit shall be issued unless the Board shall find that the specially permitted use is consistent with the spirit, purpose and intent of this ordinance, will not substantially and permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare and that such building or use shall comply with all other regulations in the district in which it is proposed to be located.

12.4 Exercise of Power:

12.41 In exercising the above mentioned powers such Board may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit.

12.42 The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in such ordinance. The grounds of every such determination shall be stated.

ARTICLE XIII

Section 13.0 Enforcement.

13.1 It shall be the duty of the Building Inspector to enforce the provisions of this ordinance.

13.2 The Building Inspector shall prepare a record of all buildings, structures and mobile homes situated within the setback lines as established by this ordinance, or any amendments thereto, which shall include the distances of such buildings, mobile homes or structures from the center line of the adjacent highway, their size, type of construction and use, the quarter section in which they are situated, the names and addresses of the owner and occupant of the premises and the date on which the record is made. Such record shall be kept current and shall show any such buildings, structures or mobile homes that may be removed or damaged to the extent that their reconstruction will be contrary to this ordinance.

13.3 No building, structure or mobile home shall hereafter be created, moved or structurally altered, except as hereinafter provided, until a permit therefor shall have been applied for and issued. No permit shall be issued until the Building Inspector has satisfactory proof that the premises is in full compliance with the Fond du Lac County Subdivision, Shoreland Zoning, and Flood Plain Zoning Ordinances, and that a Fond du Lac County Sanitary Permit for the installation of a private sewage system to serve the premises has been issued, except that lots served by public sewer shall not require a sewer permit.

13.4 All applications for a land use permit shall be accompanied by plans in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building, the lines within which the building shall be erected, altered or moved, the existing and/or intended use of each building or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this ordinance.

13.5 All dimensions shown relating to the location and size of the lot shall be based upon an actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

13.6 Certificate of Compliance.

13.61 No vacant land shall be occupied or used, and no building or mobile home hereafter erected, altered or moved shall be occupied until the certificate of compliance shall have been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this ordinance. Such certificate shall be issued only when the building or premises and the proposed use thereof conform with all the requirements of this ordinance.

13.62 Under such rules and regulations as may be established by the Town Board, the Building Inspector may issue a temporary certificate of compliance for part of a dwelling.

13.63 Upon written request from the owner, the Building Inspector shall issue a certificate of compliance for any building or premises existing at the time of the adoption of this ordinance, certifying after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of the ordinance.

ARTICLE XIV

Section 14.0 Fees.

14.1 Building Permit - A fee in an amount determined by the Town Board is required to be paid by the applicant for a building permit, or for a certificate of occupancy where no building permit was required. The fee shall be paid to the Town Treasurer.

14.2 A fee in an amount determined by the Town Board is required to be paid by the applicant for each application or appeal to the Board of Appeals, which fee shall be paid to the Town Treasurer and receipt therefor filed with the application This fee shall not be required of any township officers acting in his official capacity.

14.3 A fee in an amount determined by the Town Board is required for any petition for the amendment of this zoning ordinance, which fee shall be paid to the Town Treasurer and receipt therefor filed with the amendment petition. In addition thereto, a petitioner shall be charged with the cost of the official newspaper publication of the notice of hearing. This provision shall not apply to amendments initiated by the Town Zoning Committee.

ARTICLE XV

Section 15.0 Violations and Penalties.