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DISTRICTS AND MAPS

17.40    ZONING DISTRICTS.

For the purpose of determining separation of uses, the RS-1/20, RS-1/40, RS-2, RM, RP, AR, and AE are all considered to be residential districts.  In A-1, A-3, when the principal structure is a residence the parcel shall be treated as a residential parcel for all use determinations.  When the principal structure is a farm structure, such as the main barn on a dairy farm, the parcel shall be treated as an agricultural parcel for all use determinations. The lands areas of the Town may be divided into the following districts:

RS-1/20, RS-1/40 Single Family Residence District

RS-2 Single Family Residence District

RM Multiple Family Residence District

RP Planned Development Residence District

CV Conservancy District

RC Recreation District

A-1 General Agricultural District

A-3 Exclusive Agricultural District

AR Agricultural/Residential and AE Agricultural/Estate Districts

C-1 Commercial District

M-1 Light Industrial and Office District

M-2 Heavy Industrial District

WP Wellhead Protection Overlay District

17.41    MAPS.

These districts are shown upon the map of the Town, and the map is designated as the "Zoning Map of Town of Texas."  And as such map is prepared and adopted by the Town under this Chapter they thereby become a part of this chapter.  All notations, references and other information shown upon the zoning map of the Town shall be as much a part of this chapter as if the matter and the things set forth by the map were fully described herein.

17.42    BOUNDARIES OF DISTRICTS.

In property that is not subdivided, unless otherwise indicated on the map, the district boundary lines are the centerlines of streets, highways, railroads, section lines, quarter-section lines, quarter-quarter lines, quarter- quarter-quarter lines or such lines extended or connected.  Where not otherwise indicated on the map, it is intended that the district boundary line be measured at right angles to the nearest highway right-of-way line and be not less than 300' in depth.

17.43    RS-1/20 and RS-1/40 RESIDENCE DISTRICTS.

(1)   PURPOSE.  The Residential Districts are designed to encourage a suitable environment for family life by permitting, under certain conditions, such neighborhood facilities as churches, schools, playgrounds and appropriate institutions and by protecting the residential character against incompatible uses.  The districts are intended to avoid overcrowding by requiring certain minimum yards, open spaces and site area while making available a variety of dwelling types and densities to serve a wide range of individual requirements.


(2)   PERMITTED USES.  Only the following uses are permitted in the RS-1/20 and RS-1/40 District:

(a)   Single family dwellings designed for and occupied exclusively by one family, but not including a house trailer or mobile home.

(b)   Churches, cemeteries subject to Wis. Stats §157, public and parochial schools, colleges and universities.

(c)   Parks and playgrounds, including swimming pools, golf courses, tennis courts, picnic grounds and bathing beaches.

(d)   Accessory buildings, including private kennels and private garages and buildings clearly incidental to the residential use of the property, provided, however, that no accessory building may be used as a separate dwelling unit.  Private garages and other residential accessory storage structures shall be subject to the following standards:

1.     Any structure having more than one wall forming an enclosure shall have less floor area than the principal structure and shall not exceed 1200 square feet.

2.     The length of the structure shall not be more than two times its width.

3.     Side walls shall not exceed 10 feet in height, from the top plate to the finished floor.

4.     The maximum building height, measured from the highest point of the roof to the floor shall not exceed 20 feet.

5.     Garage doors shall be of the overhead type with a maximum height of 8 feet.

6.     Construction and finished appearance shall be compatible with existing neighborhood development.  Non-traditional construction for residential structures such as pole or steel or quonset shall generally not be approved.

(e)   Gardening and farming, including nurseries for the propagation of plants only, but not farms operated for the disposal of sewage, rubbish or offal, fur farms, stock farms and poultry farms.

(f)    Telephone exchanges, telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures, such as transformers, unit substations and equipment housings, provided there is no service garage or storage yard.

(g)   Home occupations.

(h)   Home professional businesses.

(i)    Railroad right-of-way but not including switching, classification yards or sidings.

(j)    Vending machines when the use is clearly an indoor accessory use to the primary use.

(k)   Signs.  (See §17.80-17.83.)

(l)    Ponds subject to the conditions contained in §17.49(2)(d) of this chapter.  In addition, ponds shall maintain a minimum slope of 4' horizontal to 1' vertical to a water depth of 6' and a 3' horizontal to 1' vertical slope below the 6' depth.  Disposal and/or stabilization of spoil from pond excavation shall be addressed on the pond plans and a 3' horizontal to 1' vertical slope shall be the minimum.

(3)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission.

(a)   Institutions of a charitable or philanthropic nature, day care or child care facilities, hospitals, clinics and sanatoria, except contagious hospitals and mental institutions.

(b)   Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

(c)   Libraries, museums and community buildings, private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business.

(d)   Bed and Breakfast Establishment and Tourist Rooming House subject to Chapter 254.61, Wis. Stats.

(e)   Accessory structures with floor area or components differing from the standards listed in subsection 17.43(2)(d), provided the use of the structure is subordinate to a permitted use, and the parcel equals or exceeds the minimum area for the zoning district.  The design shall be compatible with existing neighborhood development and not contrary to any existing restrictive covenants.  Nontraditional designs such as quonset roofs shall be subject to this section.

            (4)   HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS.

(a)   Height.  Except as otherwise provided in this chapter, no building shall exceed a height of 35'.  (See §17.22.)

(b)   Floor Area.  Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a minimum of 840 square feet of floor area dedicated to living space.

(c)   Lot Area.

1.       For platted or unplatted lands where public sewer is not available, the minimum lot area shall be determined by soil test according to the formulas of the Department of Commerce as contained in COMM 83 Wis. Adm. Code, but no such lot or building site shall have an area in the RS-1/20 of less than 20,000 square feet or a width of less than 100' at the building line and in the RS-l/40 of less than 40,000 square feet or a width of less than 150' at the building line.

2.       No building, together with its accessory buildings, shall occupy in excess of 30% of the area of any lot.

(d)   Side Yards.  There shall be a side yard on each side of a building.  The aggregate width of the side yards shall not be less than 25' and no single side yard shall be less than 10' wide.  See §17.20(2).

(e)   Rear Yard.  The minimum depth of any rear yard shall be 50' except on water front lots.

(f)    Setback Lines (Streets and Waterline).  See §17.23, and 17.25.

(g)   Off Street Parking. See §17.70-17.72.

 

17.44    RS-2 SINGLE FAMILY RESIDENCE DISTRICT.

(1)   PURPOSE.  This Residential District is designed to encourage a suitable environment for family life, as in the RS-1/20 and RS-1/40 District, allowing for a higher density of development, and provide for Mobile Home Parks (See Sec. § 17.60-17.66) as a Conditional Use.


(2)   PERMITTED USES.   Only the following uses are permitted in the RS-2 District:

(a)   Any use permitted in the RS-1 Single Family Residence District.

(3)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved in writing and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission:

(a)   Mobile home parks as provided in §17.60-17.66.

(b)   Day care or childcare facilities.

(c)   Bed and Breakfast Establishment and Tourist Rooming House subject to Chapter 254.61, Wis. Stats.

(d)   Accessory structures with floor area or components differing from the standards listed in subsection 17.43(2)(d), provided the use of the structure is subordinate to a permitted use, and the parcel equals or exceeds the minimum area for the zoning district.  The design shall be compatible with existing neighborhood development and not contrary to any existing restrictive covenants.  Nontraditional designs such as quonset roofs shall be subject to this section.

(4)   HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS.

(a)   Except as otherwise provided in this chapter, no building shall exceed a height of 35'. (See §17.22.)

(b)   Floor Area.  Buildings and mobile homes used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of not less than 600 square feet.

(c)   Area:  Standard Lots.

1.   For other platted or unplatted lands where public sewer is not available, the minimum lot width shall be 100’ at the building line and the minimum lot area shall be 20,000 square feet.

2.   No building, together with its accessory buildings, shall occupy in excess of 35% of the area of any lot.

(d)   Side Yards.  The minimum width of any side yard shall be 25'.  See §17.20(2).

(e)   Rear Yard.  The minimum depth of any rear yard shall be 25', except on waterfront lots.

(f)    Setback Lines.  See §17.23, and 17.25.

(g)   Off Street Parking.  See §17.70-17.72.

 

17.45    RM MULTIPLE FAMILY RESIDENCE DISTRICT.

(1)      The RM district is intended to provide for duplexes and multiple-family dwellings.

PERMITTED USES.  Only the following uses are permitted in the RM District:  

(a)   Any use permitted in the RS-1 Single Family Residence District.

(b)   Duplexes.

(c)   Retail consumer goods, sales and service conducted solely for the convenience of the resident of a multifamily development.

(d)   Bed and Breakfast Establishment and Tourist Rooming House subject to Chapter 254.61 Wis. Stats.

(2)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission.

(a)   Boarding house subject to Chapter 254.61 Wis. Stats.

(b)   Day care or child care facilities.

(c)   Three family and larger multiple family dwellings, and apartment complexes.  An application for a conditional use permit for apartment complexes shall include an overall site plan showing location and orientation of all structures, parking and driveway areas, well(s), and all areas designated for private sewage systems and any required replacement areas.  For the purpose of determining the setbacks from property lines and separating distances between units, the Board may consider the orientation of the structures toward each other and abutting lots, to achieve in purpose the minimum side yards and rear yards required in subsections 17.45(3)(c) and (d).  When reviewing applications for conditional use the Board shall consider the following as minimum guidelines and may increase floor and lot areas but shall not reduce them unless municipal sewer and water is available:

Number of families         Lot Area                  Total heated living space

2                         40,000                                 1,200

3                         50,000                                 1,800

4                         60,000                                 2,400

For each additional family unit added, a minimum of 10,000 square feet shall be added to the lot area and 600 square feet shall be added to the heated living space.

1.     When regulations of other State or local agencies require a larger lot area than any of the above, such regulations shall govern for both platted and unplatted areas and lots.

(3)   HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS NOT OUTLINED AS A CONDITIONAL USE.

(a)   Height.

1.     For single family dwellings and duplexes the maximum building height shall be 35'.

2.     For apartments the maximum building height shall be four stories.

3.     See §17.22

(b)   Lot Area and Floor Area.

1.     The lot area, lot width and floor area requirements in the RM Multiple Family Residence District shall be the same as those required under RS-1/20 and RS-1/40 Single Family Residence District.

(c)   Side Yards.  There shall be a side yard on each side of a building.  The width of the side yards shall not be less than 25' for four (4) family units or smaller.  Additional side yard equaling five (5) feet per family shall be added to the 25' base dimension.  See §17.20(2).

(d)   Rear Yard.  The minimum depth of any rear yard shall be 50' for four (4) family units or smaller, except water front lots.  Additional rear yard equaling ten (10) feet per family shall be added to the 50' base dimension.

(e)   Setback Lines.  See §17.23, and 17.25.

(f)    Off Street Parking.  See §17.70-17.72.

 

17.46    RP RESIDENTIAL PLANNED DEVELOPMENT DISTRICT.

(1)   PURPOSE.

(a)   The purpose of the RP Residential Planned Development District is to provide the means whereby land may be planned and developed as a unit for residential uses under standards and conditions which afford flexibility; encourage good design, open spaces, the preservation of natural features and to minimize the present and future burdens upon the community as a whole which result from poor planning.

(b)   In cluster subdivisions, the grouping of residences will permit individual lot sizes to be reduced provided that the overall density within the development is maintained.  The remaining undeveloped area shall be required to remain a common open space, preferably on the shoreline if the subdivision is located in a shore area, in perpetuity.  Such grouping of residences facilitates common water supply and sewage disposal systems.

(c)   Such developments shall be site designed as a total unit development and may be developed by subunits in accordance with the approved overall site plan.

(2)   GENERAL REQUIREMENTS.  A site plan of a continuous area of no less than 20 acres shall be submitted at the time the zone change is requested.  The site plan shall be acted upon by the Planning Commission in accordance with §17.90 of this chapter. 

(3)   PERMITTED USES. Only the following uses are permitted in the RP District:

(a)       Clustered single family lot developments.

(b)       Two family dwellings.

(c)       Multifamily dwellings.

(d)       Any permitted use in the RS-1 Single Family Residence District.

(e)       Accessory uses, structures and amenities in the approved development plan.

(f)        Retail consumer goods, sales and service.

(g)       Bed and Breakfast Establishment, Tourist Rooming House, and Boarding House,   subject to Chapter 254.61 Wis. Stats.

(h)       Condominiums.

 

(4)   HEIGHT, YARD, AREA AND OTHER REQUIREMENTS.

(a)   Height.  Except as otherwise provided in this chapter, no building shall exceed a height of 35'.  See §17.22.

(b)   Floor Area.  Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows:

1.     Minimum 1,200 square feet for single family dwellings.

2.     Minimum 1,000 square feet for row houses.

3.     Minimum 600 square feet for each apartment.

(c)   Park Area.  The minimum of open space or excess land not used for lots or streets shall be 20% of any platted subdivision and shall be dedicated in perpetuity to remain in open space.  This may be accomplished by conveyance in common to each of the owners of lots in the development or to a corporation formed by them, or by dedication to and the acceptance by County, town or municipality.  If the land is to be conveyed to owners of lots in the development, a homeowners' association or similar legally constituted body shall be created to maintain the open space land.  Any restriction placed on platted land by covenant, grant of easement or any other manner which was required by a public body or which names a public body as grantee, promisee or beneficiary, shall vest in the public body the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction.

(d)   Lot Area and Width.

1.     For lots not served by public sewer, the minimum size shall be governed by COMM 83, Wis. Adm. Code, and the minimum width shall be 75' for single family residences and 150' for multiple family residences.

2.     The minimum width shall be:

a.     75' for single family residences.

b.     150' for row house or apartment development.

(e)   Side Yards.  There shall be a side yard on each side of a building having a minimum width of 10' except a corner lot shall have a side yard of 30' from the street right-of-way.   See §17.20(2).

(f)    Rear Yard.  The minimum depth of any rear yard shall be 50'.

(g)   Setback Lines.

1.     Highways.  See §17.23 and 17.25.

 

17.47    CV CONSERVANCY DISTRICT.

(1)   PURPOSE.  The Conservancy District provides for the protection of the environment and conservation of natural resources of this Town.  Generally, this includes swamps, marshlands and areas where the highest groundwater is at or near the surface of the ground. 

(2)   PERMITTED USES. Only the following uses are permitted in the CV District:

(a)   Forestry.

(b)   Grazing livestock.

(c)   Harvesting wild crops, such as wild hay, ferns, moss, berries and tree fruits.

(d)   Hiking trails and bridle paths.

(e)   Hunting, fishing and trapping.

(f)    Hydroelectric power stations, dams and other structures for the use or control of flowing water.

(g)   Open type shelters for public use and nonresidential buildings or structures used in conjunction with the raising of wildlife and fish and the practice of forestry.  This shall include buildings and structures used by the public and semipublic agencies or groups for research in, or the rehabilitation of, natural resources.

(h)   Telephone, telegraph and power transmission and distribution lines and necessary appurtenant structures.

(i)    Wildlife preserves, refuges and habitat development.

(3)   SETBACK LINES.  See §17.23, and 17.25.

(4)   OFF STREET PARKING.  See §17.70-17.72.

 

17.48    RC RECREATION DISTRICT.

(1)   PURPOSE.  This district is intended to provide for the orderly and attractive grouping of recreation-oriented establishments, facilities and structures.

(2)   PERMITTED USES.  Only the following uses are permitted in the RC District:

(a)       Agriculture and other open land uses, including beekeeping, field crops, forestry, orchards and wild crop harvesting, truck farming, horticulture or viticulture, but not livestock as defined in Wis. Admin. Code ATCP51.

(b)       Any use permitted in the Conservancy District.

(c)       One camping trailer, park unit, mobile camper or houseboat for temporary parking and living purposes for the caretaker or owner and his family only.

(d)       Fish hatcheries and farm ponds subject to the conditions contained in §17.43(2)(l) of this chapter.

(e)       Community buildings, private clubs and fraternities, except those whose principle activity is a service customarily carried on as a business.

(f)        Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

(g)       Parks and playgrounds, including swimming pools, golf courses, tennis courts, picnic grounds and bathing beaches.

(h)       Railroad right-of-way but not including switching spurs, classification yards or sidings.

(i)         Signs.  See §17.80-17.83.

(j)         Telephone exchanges, provided there is no service garage or storage yard.  Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures, such as transformers, unit substations and equipment housings.

(k)       Vending machines when the use is clearly an indoor accessory to the principle use.

(l)         Buildings and structures and uses of land customarily incidental to the above permitted uses, but only on same premises with the primary permitted uses.

(3)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission.

(a)       Amusement parks, including baseball batting ranges, commercial skating rinks, go-cart tracks, race tracks, golf driving range, miniature golf course or similar establishments.

(b)       Concession stands.

(c)       Dwelling, single family, providing it shall be an accessory to a principle use.

(d)       Institutions of philanthropic or educational nature.

(e)       Marinas, boat liveries, sale of bait and fishing equipment.  The service and repair of boats and motors.

(f)        Microwave radio relay structures, providing there would be no adverse affect on neighboring properties.

(g)       Recreation camps, youth camps and campgrounds, provided all buildings shall be more than 100' from the side lot line.  Recreation camps shall conform to Ch. HFS 175, Wis. Adm. Code, and campgrounds shall conform to Ch. HFS 178, Wis. Adm. Code, which shall apply until amended and then apply as amended.

(h)       Riding stables and riding academies subject to the provisions contained in §17.49, and rodeos, gymkhanas and similar equestrian events.

(i)         Sanitary landfill, provided no location shall be within ½ mile of the boundary of a Residence District and the operation shall be in full compliance with Ch. NR 51, Wisconsin Solid Waste Disposal Standards.

(j)         Shooting ranges.

1.     Shooting ranges provided the requirements for such ranges as stated in the Agricultural District are met.

2.     Trap and skeet ranges providing the owner of the trap or skeet range has control by ownership or lease an area no less than 1,800' wide and 900' deep and providing further that there shall be no residences within 1,000' of the external boundaries of the range, unless occupants of such residences waive this condition in writing.

(k)       Travel trailer parks, RV parks, primitive or developed campgrounds provided:

1.     The minimum size of a campground shall be five acres.

2.     The maximum number of camping spaces shall be 15 per acre.

3.     Minimum dimension of each camping space shall be 30' wide by 50' long.

4.     Each camping space shall be so located that there shall be at least a 15' clearance between spaces.

5.     There shall be 1 l/2 automobile parking spaces available for each camping space.

6.     In addition to setback line requirements of §17.23 of this chapter, there shall be a minimum setback of 40' from all other exterior lot lines.

7.     Travel trailer parks shall conform to the requirements of Ch. HFS 178, Wis. Adm. Code, which shall apply until amended and then apply as amended.

8.     Park units and all other structures except non-transient camping units on existing camping spaces shall obtain a zoning permit prior to placement and shall meet all shoreland and street setbacks and be provided with a state approved sewage disposal septic system (POWTS) when intended for human habitation.

(4)   HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS.

(a)   Height.  Except as otherwise provided in this chapter, no building shall exceed a height of 35'.

(b)   Lot Area.  One acre minimum, with a minimum width of 150' at building setback line.

(c)   Floor Area.  Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of no less than 600 square feet.

(d)   Side Yards.  There shall be a minimum side yard of 25'.

(e)   Rear Yard.  The minimum depth of any rear yard shall be 50', except on waterfront lots.

(f)    Setback Lines.  See §17.23, and 17.25.

(g)   Off Street Parking.  See §17.70-17.72.

 

17.49    A-1 GENERAL AGRICULTURAL DISTRICT.

(1)   PURPOSE.  This Agricultural District is designed to foster the preservation and use of agricultural land related uses and to provide for limited residential uses in a rural environment but not the division of land as classified in Chapter 15 - Town of Texas Land Division and Access Control Ordinance.  It is intended to provide multiple options to guide growth and development in concert with the comprehensive plan.

(2)   PERMITTED USES. Only the following uses are permitted in the A-1 District:

(a)   Any use permitted in the RS-1 Family Residence Districts and 2 family dwellings and minor subdivisions as classified in Chapter 15 – Town of Texas Land Division and Access Control Ordinance.

 (b)  Campers or camping trailers may be stored or parked indefinitely, provided the unit is stored in or behind a structure or is screened from the road with natural screening so that it is not visible from the right-of-way.  Tents and self-contained campers or camping trailers may be occupied by the owner or their immediate family on a temporary basis, not to exceed 60 days in a calendar year, provided that a permit is secured from the Town Zoning Administrator or a duly appointed deputy, if the use is to exceed 30 days.

(c)   Ponds which are outside the jurisdiction of the Marathon County shoreland code.  Ponds shall maintain a slope from the shoreline no greater than 3' horizontal to 1' vertical to a water depth of 6' when the pond is at its lowest level due either to seasonally fluctuating ground water levels or pumping for irrigation.  Ponds exclusively for stock watering within an area fenced for livestock, with a surface area of 2,500 square feet or less, also with 3 foot horizontal to 1 foot vertical slopes (3:1), and with a maximum depth of 6 feet may be permitted with a reduced fee.  All ponds shall be located at least 30' from any property boundary or Right-of Way line, 50' from any septic system drainfield area and 25' from any septic or holding tank.  Applications for ponds with earthen dams or dikes greater than six (6) feet high shall be designed, or the design reviewed, by an engineer to ensure structural integrity.  Pond outlets shall be designed so as not to concentrate runoff onto adjacent property or to cause erosion.  Permits for ponds shall be granted or denied based on plans submitted.  The permit holder shall notify the Town Zoning Administrator for an inspection upon completion of the excavation.

(d)       General farming, which complies with other town ordinances, and applicable Wisconsin Administrative Codes and Marathon County ordinances, including dairying, livestock and poultry raising.  Where 500 or more animal units are proposed the rules contained in ATCP 51 shall apply.  Other agricultural activities such as nurseries, non-commercial greenhouses, beekeeping, vegetable warehouses, seasonal sale of seed and fertilizer and other similar enterprises or uses, except fur farms and farms operated for the disposal or reduction of garbage, sewage, rubbish or offal.  Buildings, pens and structures used for the housing, sheltering or feeding of livestock shall be located no less than 100' from any lake or stream.  Where meeting this setback is impossible or impractical due to location of existing agricultural facilities, new buildings and building additions may be constructed at a lesser setback provided the degree of non-conformity is not increased as approved by the Town Board.

(e)   Forestry and forest products.

(f)    Hunting and fishing shelters.  A building, sometimes referred to as a "hunting shack", intended for temporary occupancy for hunting, fishing or other recreational purposes, provided that the building is located no less than 600' from the nearest residence other than that of the owner and complies with the provisions of Ch.COMM 83, Wis. Adm. Code, and the sanitary requirements of Marathon County.  This definition does not include cottages, campers, camping trailers or nonfarm residences. 

(g)   Hunting, fishing and trapping.

(h)   Maple syrup processing plant.

(i)    Sawmills.  When located 500' minimum distance from a residence other than the owner's.

(j)    Signs.  See §17.80-17.83.

(k)   Telephone, telegraph and power transmission and distribution towers, poles and lines, including transformers, substations, relay stations, equipment housings and other similar necessary appurtenant facilities.

(l)    Transient amusements and temporary / intermittent uses such as music festivals, carnivals, rodeos, horse shows and circuses are subject to the Marathon County Assemblies Ordinance and shall require a temporary zoning permit.  These activities shall not be permitted for more than three consecutive days nor more than three times in any 365 day period.

(m)  Uses customarily accessory to a permitted or agricultural use.

(n)   Governmental uses such as town halls, garages, solid waste transfer stations and recycling collection centers or depots.

(o)   Land spreading of municipal sewage sludge when done in accordance with and subject to the conditions contained in a permit from the Department of Natural Resources issued pursuant to Wis. Admin. Code NR 204.

(p)   Private Wind Electrical Generation Towers when the height conforms to §17.22, is located at least 300' from the nearest residential structure other than the owner, is set back from the property line the equivalent of the structure’s total height plus 20' or if the structure is engineered to collapse on itself, 50' from property lines.

            (3)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission.

(a)       Aircraft landing fields, basins and hangars providing the site area is not less than 20 acres.

(b)       Animal hospitals, and the boarding of animals when the provisions of (i) below can be met.

(c)       Canneries.

(d)       Cheese factories.

(e)       Concrete batching and/or blacktop mix plant (temporary), Processing and recycling of road surface material (temporary).

(f)        Condenseries.

(g)       Contractor's storage yards, when any such yard shall be so placed, fenced or screened by a planting so as not to be visible from any public highway or residential building other than that of the owner of such yard, his agent or employee.

(h)       Creameries.

(i)         Dog kennels, for training, breeding or boarding, and private dog kennels with more than three (3) dogs that are more than six (6) months old, when located not less than 600' from any residential district or residential building other than that of the owner of such kennels, his agent or employee.

(j)         Pet cemeteries.

(k)       Drive-in theaters, provided there is a distance of not less than 1,000' between the boundary of any Residential District and the drive-in theater site, measured in a straight line.

(l)         Feedlots, provided buildings housing animals or poultry and barnyards or feedlots shall be located not less than 100' from any navigable water.

(m)     Fish hatchery including fishing for a fee (commercial).

(n)       Fur farms, pea viners and charcoal kilns, when located not less than 1,000' from any residential building other than that of the owner of the premises, his agent or employee and not less than 1,000' from the right-of-way line of any federal, State and County trunk highway; provided that this regulation shall not apply to portable pea viners where there is no stacking of the vines.

(o)       Garden or nursery store and commercial greenhouse(s).

(p)       Grain elevators (commercial).

(q)       Housing for migrant workers.

(r)        Game preserves and dog field trial grounds.

(s)       Incinerator (public).

(t)        Medical, correctional or charitable institutions.

(u)       Mini Warehousing.  It is generally expected that "Mini Warehousing" as defined will only be allowed in existing farm buildings which would otherwise be vacant due to farm consolidation or for other reasons.

(v)       Mobile Homes.

  1.   One mobile home used for habitation which is not the primary place of residence shall be permitted as an accessory building on any operating farm providing:

   a.  A determination is made in writing by the Town Planning Commission, or the Town Board in the absence of a planning commission, that one or more of the occupants of the mobile home derives a substantial portion of their livelihood from the farm operation and/or substantially participates in the operation of the farm.

   b.  More than one mobile home on the property may be permitted with Town Board approval and a conditional use permit from the Board of Appeals.

   c.  Continued use shall be subject to annual review by the Town Planning Commission.

  2.   The temporary use of a mobile home, not to exceed one year, unless an extension is authorized in writing by the Town Board, shall be permitted while a permanent dwelling is under construction, providing the mobile home and the permanent dwelling are located on the same lot or parcel of land and providing a County sanitary permit has been obtained for the permanent dwelling and that an approved private waste disposal system is utilized by the temporary mobile home.

(w)     Mobile home parks, subject to the conditions in §17.60-17.66 of this chapter.

(x)       Commercial radio or TV broadcasting studio and/or tower and microwave relay towers, cellular telephone towers and similar structures which support antennae, dishes or other broadcast, relay, amplification and other transmission devices and their accessory structures when considering the following, which shall be provided by the applicant.

  1.   Location of all towers used for similar purposes within a three (3) mile radius and co-location possibilities;

  2.   Method(s) to camouflage, or stealth technology used, to minimize visual impacts;

  3.   Number of users that tower will support;

  4.   An inter-modulation study or other documentation which provides a technical evaluation that indicates potential interference problems.

No new or existing telecommunications service shall interfere with public safety telecommunications.  The property line setbacks for towers shall be the height of the tower and any antennae plus 20' from any property line or road right-of-way.   These setbacks may be reduced if the tower is engineered to collapse on itself.  The setback with certification from an engineer shall be the collapse radius plus 20' from all property lines or the Highway and railroad setbacks as prescribed at §17.23 of this ordinance, whichever is greater.  No tower shall be within 600 feet of the nearest residence other than the owner of the property upon which the tower will be constructed.

When considering conditions to attach to any permit which may be issued, the Planning Commission should take into account that monopole towers are preferred, with lattice towers being the second preference, and guyed towers being least desirable.  Illumination should be limited to the minimum required by FAA or other federal or state authority.  Within 180 days of cessation of operations all abandoned or unused towers and accessory structures not to be used for another purpose shall be removed.

(y)       Riding stables and riding academies subject to the following:

1.   Lighted equestrian trails shall be no closer than 200 feet from any property line or 300 feet from any residence other than that of the owner unless written approval is granted by the adjoining owner(s) for a lesser setback and approval is granted by the Board of Appeals.

2.   Stables, barns, corrals and exercise yards shall be located no closer than 300 feet from any property line of a residential district or residential use as defined in §17.40.

3.   Except in the RC Recreational District no more than 2 persons other than a member of the resident family shall be employed on the premises.

4.   Animal unit densities shall be one (1) per three (3) acres or less

(z)       Roadside stand.

(aa)   Land disposal of waste material other than agricultural waste and sanitary landfill, provided no location shall be within ½ mile of the boundary of any residence district and the operation shall be in full compliance with applicable Wisconsin Administrative Codes.

(bb)   Slaughterhouses, when located not less than 1,000' from any residential building other than that of the owner of the premises, his agent or employee.

(cc)   Commercial shooting ranges provided:

1.   Shooting stands shall be no less than 1,000' from residential buildings, other than that of the owner, his agent or employee unless owners and occupants of such residences waive this condition in writing.

2.   No firing shall be toward or over any named navigable water (determined at the time of application) located within 1,000 feet of the bullet barrier.

3.   The range shall be clearly identified from all directions with conspicuous "Danger Shooting Range" signs.

4.   There shall be a barrier, impenetrable to any missile fired on the range, which shall extend a distance above and to each side of the targets equal to 1' for each 25 yards to the most remote shooting stand, but in no case less than 4' nor shall barriers be required to be more than 20’ above the target or 30’ to either side of the target unless land uses down range would require a higher or wider barrier.

5.   Trap and skeet ranges providing the owner of the trap or skeet range has under control by ownership or lease an area no less than 1,800' wide and 900' deep and providing further that there shall be no residences within 1,000' of the external boundaries of the range, unless owners and occupants of such residences waive this condition in writing.

(dd)   Travel trailer parks, subject to the provisions for travel trailer parks in the Recreation District.  See §17.48(3)(1) & (q).

(ee)   Bed and Breakfast Establishment, Tourist Rooming House, or  Boarding House, subject to Chapter 254.61 Wis. Stats.

(ff)     Dams, power plants and flowages.

(gg)   Institutions of a charitable or philanthropic nature, day care or child care facilities, hospitals, clinics and sanatoria, except contagious hospitals and mental institutions.

(hh)   Libraries, museums and community buildings, private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business.

(ii)       Livestock collection and transfer depots when located not less than 300' from an RS residential district and when accessory to principal agricultural use of the property.

(jj)       Commercial Wind Electrical Generation Towers provided no tower shall be located within 1200 ft. of a residence or residential zoning district and the towers shall be set back from any property boundary a distance equivalent to its height to the top of the arc of the rotor plus 100 feet.  No tower shall be located in any floodplain or wetland.

(kk)Mining of nonmetallic minerals and the processing for manufacture of materials incidental to such extraction and the erection of buildings and the installation of equipment and machinery may be permitted provided: 

                           1.     Nonmetallic mining shall comply with the applicable terms of the General Marathon County Code of Ordinances regarding Nonmetallic Mining.

2.     All operations shall be at least 50' from the centerline of any right-of-way and 10' from any property line of another person or company.  All accessory uses such as offices and parking areas shall be at least 100' from any right-of-way or property line.Automobile wrecking yard, junk yard, or salvage yard, and portable tire shredders shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least 600' from the nearest residence except that of the owner, his agent or employee.

 

            (4)   HABITABLE STRUCTURES.  All new habitable structures other than that of the farm operator shall be located at least 300' from buildings, pens, and structures used for the housing, sheltering or feeding of livestock.

            (5)   HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS.

(a)   Height.  Except as otherwise provided in this chapter, no building shall exceed a height of 35'.  See §17.22.

(b)   Lot Area.  Buildings used in whole or in part for residential dwelling purposes which are hereafter erected or structurally altered shall be located on a lot having an area of not less than three (3) acres with a width of 300 feet at the building line.

       This requirement shall not apply to mobile homes permitted on farms as an accessory use.

       Riding stable/Academy hereafter established shall be located on a parcel having a contiguous area of not less than 35 acres.

(c)   Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a minimum floor area of 840 square feet, provided that this regulation shall not apply to mobile homes permitted on farms.

 

(d)   Side Yards.  There shall be side yards provided between each building and the property line of no less than 50 feet.

(e)   Rear Yard.  There shall be a minimum rear yard depth of 50 feet.

      

(f)   Street Setbacks.  See §17.23 Highway and Railroad Setbacks for road classifications.

       In addition, buildings which were legally built at a conforming setback and on a conforming lot prior to the adoption of these provisions requiring larger lots and greater setbacks may be added to or rebuilt on the existing foundation subject to all of the limitations of the this district.  Side yard, rear yard and street setbacks for substandard lots created prior to adoption as outlined at (4)(b) above shall be based upon the minimum requirements of the next smaller classification.

(g)   Off Street Parking.  See §17.70-17.72.

17.50    A-3 EXCLUSIVE AGRICULTURAL DISTRICT

            (1)   PURPOSE.  The A-3 Exclusive Agricultural District is intended to: preserve productive agricultural land for food and fiber production, preserve productive farms by preventing land use conflicts between incompatible uses, control public service costs, maintain a viable agricultural base to support agricultural processing and service industries, prevent conflicts between incompatible uses, reduce costs of providing services to scattered nonfarm uses, space and shape urban growth, implement the provisions of the County agricultural plan when adopted and periodically revised, and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under §71.09(11), Wis. Stats.

            (2)   LANDS INCLUDED WITHIN THESE DISTRICTS.  These districts are generally intended to apply to lands which are limited to exclusive agricultural use, including: lands historically exhibiting good crop yields or capable of such yields, lands which have been demonstrated to be productive for dairying, livestock raising and grazing, other lands which are integral parts of such farm operations, land used for the production of specialty crops such as cranberries, ginseng, mint, sod, fruit and vegetables, and lands which are capable of productive use through economically feasible improvements such as irrigation.

 

            (3)   PERMITTED USES. Only the following uses are permitted in the A-3 District:

                    (a)  One single family dwelling or duplex, provided all other conditions of this chapter and the Private Sewage System Code are met.  All new habitable structures other than that of the farm operator shall be located at least 300' from buildings, pens and structures used for the housing, sheltering or feeding of livestock.

                    (b)  Mobile homes.

                          1.   One mobile home used for habitation which is not the primary place of residence shall be permitted as an accessory building on an operating farm providing:

                                a.  A determination is made in writing by the Town planning commission, that one or more of the occupants of the mobile home derives a substantial portion of their livelihood from the farm operation and/or substantially participates in the operation of the farm, and provided that each mobile home is provided with proper skirting or a foundation.

                                b.  More than one mobile home on the property may be permitted with Town Board approval and a conditional use permit from the Planning Commission.

                          2.   The temporary use of a mobile home, not to exceed one year, unless an extension is authorized in writing by the Town Board, shall be permitted while a permanent dwelling is under construction, providing the mobile home and the permanent dwelling are located on the same lot or parcel of land and providing a County sanitary permit has been obtained for the permanent dwelling and that an approved private waste disposal system is utilized by the temporary mobile home.

 

                    (c)   Single family dwelling, in addition to permitted residences in sub. (3)(a), providing one or more of the occupants is a parent or child of the operator of the farm, or when the dwelling is to be the retirement home of the present farm operator.

                    (d)   Pole buildings, garages, private kennels, and any other buildings necessary to the farm operation or permitted residential uses.

                    (e)   Campers or camping trailers may be stored or parked indefinitely, provided the unit is stored in or behind a structure or is screened from the road with natural screening so that it is not visible from the right-of-way.

(f)    General farming, which complies with other town ordinances, and applicable Wisconsin Administrative Codes and Marathon County ordinances, including dairying, livestock and poultry raising.  Where 500 or more animal units are proposed the rules contained ATCP 51 shall apply.  Other agricultural activities such as nurseries, non-commercial greenhouses, beekeeping, vegetable warehouses, seasonal sale of seed and fertilizer and other similar enterprises or uses, except fur farms and farms operated for the disposal or reduction of garbage, sewage, rubbish or offal.  Buildings, pens and structures used for the housing, sheltering or feeding of livestock shall be located no less than 100' from any lake or stream.  Where meeting this setback is impossible or impractical due to location of existing agricultural facilities, new buildings and building additions may be constructed at a lesser setback provided the degree of non-conformity is not increased as approved by the Town Board.

                    (g)   One roadside stand per farm, of not more than 300 square feet, used solely for the sale of products more than 50% of which were produced on the premises.

                    (h)   Forest and game management.

                    (i)    Hunting and fishing shelters.  A building, sometimes referred to as "hunting shack," intended for temporary occupancy for hunting, fishing or other recreational purposes, provided that the building is located no less than 600' from the nearest residence other than that of the owner and complies with the provision of Ch. ILHR 83, Wis. Adm. Code, the sanitary requirements of the Marathon County General Code.  This definition does not include cottages, campers, camping trailers or non-farm residences.

                    (j)    Hunting, fishing and trapping.

 

                    (k)   Maple syrup processing plant.

                    (l)    Sawmills.  When located 500' minimum distance from any residence other than that of the owner.

                    (m)  Signs.  See §17.80-17.83.

                    (n)   Public utility equipment such as telephone and electric power, transmission and distribution poles, towers and lines, including transformers.

                    (o)   Ponds.  Ponds shall comply with §17.49(2)(d) of this code.

                    (p)   Transient amusements and temporary / intermittent uses such as music festivals, carnivals, rodeos, horse shows and circuses.  These activities shall not be permitted for more than three consecutive days nor more than three times in any 365 day period.

                    (q)   Home occupations and professions.

                    (r)    Land spreading of municipal sewage sludge when done in accordance with and subject to the conditions contained in a permit from the Department of Natural Resources issued pursuant to Wis. Admin. Code NR 204.

                    (s)    Private Wind Electrical Generation Towers subject to the provisions of §17.49(2)(q).

 

            (4)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use has been approved and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission.  Such approval shall be consistent with the general purpose and intent of this chapter and shall be based upon such evidence as may be presented at such public hearing.  The Planning Commission, in passing upon applications for these conditional use permits, shall consider the following factors:  the statement of purposes of this chapter and the A-3 District, the potential for conflict with agricultural use, the need of the proposed use for a location in an agricultural area, the availability of alternative locations, compatibility with existing or permitted uses on adjacent lands, the productivity of the lands involved, the location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted, the need for public services created by the proposed use, the availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden. These uses are as follows:

                    (a)   Canneries.

                    (b)   Cheese factories.

                    (c)   Concrete or blacktop batching plant (temporary only).

                    (d)   Condenseries.

                    (e)   Commercial feedlots and buildings housing 250 or more animals.

                    (f)    Creameries.

                    (g)   Dog kennels, for training, breeding or boarding, and private dog kennels with more than three (3) dogs that are more than six (6) months old, when located not less than 600' from any residential district or residential building other than that of the owner of such kennels, his agent or employee.  Dog field trial grounds.

                    (h)   Facilities used for the centralized bulk collection, storage and distribution of agricultural products to wholesale and retail markets.

                    (i)    Facilities used to provide veterinarian services for livestock.

                    (j)    Facilities used in processing of agricultural products.

                    (k)   Fish hatchery (commercial).

                    (l)    Fur farms when located not less than 1,000' from any residential building other than that of the owner of the premises, his agent or employee.

                    (m)  Governmental uses such as Town Halls, garages, solid waste transfer stations and recycling collection centers or depots.

                    (n)   Public utility substations, relay stations and microwave receivers and transmitters, semipublic and private utility towers, receivers, transmitters and other similar necessary appurtenant facilities, commercial radio or TV broadcasting tower(s), cellular telephone towers and similar structures subject to the provisions of §17.49(3)(w).

                    (o)   The establishment of farms with a total contiguous land area of less than 35 acres and/or exceeding one animal unit per acre.  Provisions for approval must include a suitable manure disposal plan, controlled barnyard runoff, and must address other management concerns.

 

                    (p)   Riding stables and riding academies pursuant to §17.49(3)(x) of this Code.

                    (q)   Land disposal of waste material other than agricultural waste and sanitary landfill, provided no location shall be within ½ mile of the boundary of any residence district and the operation shall be in full compliance with Ch. NR 214 and 500-524, or other applicable NR Codes.

                    (r)    Bed and Breakfast Establishment, Tourist Rooming House, or Boarding House subject to Chapter 254.61 Wis. Stats.

                    (s)    Livestock collection and transfer depots when located not less than 300' from an RS residential district and when accessory to the principal agricultural use of the property.

            (5)   CONDITIONS ATTACHED TO CONDITIONAL USES.

                    (a)   Upon a consideration of information supplied at the public hearing and a review of the standards contained in sub. (4), the following conditions may be attached to the granting of a conditional use:  increased setbacks and yards; specifications for water supply, liquid waste and solid waste disposal facilities; landscaping and planting screens, sureties, operational controls and time of operation; air pollution controls; erosion prevention measures; location of the use; and similar requirements found necessary to fulfill the purpose and intent of this chapter.  Violation of these conditions shall constitute a violation of this chapter as provided in §17.94.

                    (b)   The Department of Agriculture, Trade and Consumer protection shall be notified of the approval of any conditional uses.

            (6)   HEIGHT, YARDS, AREA REQUIREMENTS.

                    (a)   Lot Area.

                           1.     The minimum lot size to establish a residence or farm operation is 35 contiguous acres, except provided in sub-pars 2. through 4. below, (§91.75, Wis Stats., as amended).

                           2.     The minimum lot size shall be one acre to establish a separate parcel for an additional residence for parents or children of the farm operator, or for persons earning a substantial part of their livelihood from the farm operation.  A statement from the Town Board that the intended owner of the lot meets the criteria of this section, and that the parcel is the first (only) parcel intended for the farmer, his child, or parent.

                           3.     Where an additional residence for persons specified in the above subparagraph 2. is located on a farm without creating a separate parcel, the residence shall be at least 40' from other residences.

                           4.     The minimum lot size for farm residences or structures which are separated from a large parcel through farm consolidation shall be one acre outside of the road right-of-way and shall not be less than 150' wide at the building line and road right-of-way.  No lot shall be created such that the existing structure or the septic system serving the structure becomes nonconforming due to the property boundary setbacks or other minimum setbacks.

                           5.     Lots or parcels having less than 35 acres that legally existed prior to the Town Board's approval of this section may be developed pursuant to §17.21(2) of this Code.

A lot having an area of more than one acre and less than 35 acres may be reduced to a minimum of one acre provided there is no net increase in the number of lots.  Minimum lot width shall be 150 feet.  Minimum frontage on a public highway shall be 33 feet.

                    (b)   Height.

                           1.     The maximum height of a farm dwelling shall not exceed 35'.

                           2.     The maximum height of other structures shall meet the provisions of §17.22 of this chapter.

                    (c)   Side Yards.  There shall be a side yard provided between each building and the property line of no less than 20'.

                    (d)   Rear Yard.  The minimum depth of any rear yard shall be 50', except on waterfront lots.

                    (e)   Setback Lines.  See §17.23, and 17.25.

                    (f)    Off Street Parking.  See §17.70-17.72.

                    (g)   Floor Area.  Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a minimum floor area of 840 square feet, provided that this regulation shall not apply to mobile homes permitted as accessory buildings on operating farms.

            (7)   STANDARDS FOR REZONING.

                    (a)   The State Department of Agriculture, Trade and Consumer Protection shall be mailed a copy of the notice of a public hearing on a petition for a rezone and following the hearing a copy of the findings upon which the decision to deny or grant the petition was based.

                    (b)   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.     Provisions of these facilities will not be an 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.

 

17.52    RR RURAL RESIDENTIAL AND RE RURAL ESTATE DISTRICTS.

            (1)   PURPOSE. The purpose of the RR and RE districts is to provide for and promote small to medium lot residential living with some limited agricultural activities, and as a zoning classification for transition of areas from agriculture to more dense residential development.

            (2)   LANDS INCLUDED IN THESE DISTRICTS.  These districts are for the accommodation of rural parcels generally less than 35 acres in size that are not part of larger farm operations.

            (3)   PERMITTED USES. Only the following uses are permitted in the RR and RE Districts:

                    (a)   One single family dwelling provided all other conditions of this chapter and the Private Sewage System Code can be met.

(b)   Limited farming including large pet/hobby animals in the RE district only and feed and vegetable crops and other similar enterprises or uses in the RR and RE Districts.  There shall be no more than one animal unit per 2.5 acres. (See §17.08 for ANIMAL UNIT.)

                    (c)   "Hobby" farms, forestry, beekeeping, plant nurseries, fish hatcheries and noncommercial greenhouses and ponds subject to the conditions contained in §17.43(2)(l) of this chapter.

                    (d)   One temporary roadside stand per lot, not more than 300 square feet, used solely for the sale of products at least 50% of which were produced on the premises.

                    (e)   Garage and/or usual accessory buildings, private kennels.

                    (f)    Public utility equipment such as telephone and electric power, distribution poles, towers and lines, including transformers.

                    (g)   Churches, cemeteries subject to Wis. Stats §157, public and parochial schools, colleges and universities.

                    (h)   Ponds subject to the conditions contained in §17.49(2)(c) of this chapter.  In addition, ponds shall maintain a minimum slope of 4' horizontal to 1' vertical to a water depth of 6' and a 3' horizontal to 1' vertical slope below the 6' depth.  Disposal and/or stabilization of spoil from pond excavation shall be addressed on the pond plans and a 3' horizontal to 1 vertical slope shall be the minimum.

                    (i)    Home occupations and home professions.

 

            (4)   CONDITIONAL USES.

(a)       Stables and riding schools in the RE District only.

(b)      Fish hatcheries in the RE District only.

(c)       Large pet/hobby animals in the RR Districts, not to exceed one animal unit per 3.0 acres.

(d)       Agriculturally related commercial enterprises, including but not limited to, cheese factories, veterinary hospitals and clinics, seed, fertilizer and chemical sales, feed mills, but not farm machinery sales and service.

(e)       Commercial radio or TV broadcasting studio and/or tower and microwave relay towers, cellular telephone towers and similar structures which support antennae, dishes or other broadcast, relay, amplification and other transmission devices and their accessory structures shall comply with the provisions of §17.49(3)(w).

(f)        Signs, per §17.80-17.83.

(g)       Bed and Breakfast Establishment, Tourist Rooming House, or Boarding House subject to Chap 254.61 Wis. Stats.

            (5)   HEIGHT, YARD, AREA AND OTHER REQUIREMENTS.

                    (a)   Height requirements, front, side, and rear yard requirements, and floor area requirements for the AR and AE districts shall be the same as described in §17.49(4).

                    (b)   The minimum lot size in the AR district shall be 2 acres.  The maximum lot size in the AR district shall be 10 acres.  The minimum lot width shall be 150'.

                    (c)   The minimum lot size in the AE district shall be 5 acres.  The minimum lot width shall be 210'.

 

17.54    C-1 COMMERCIAL DISTRICT.

            (1)   PURPOSE.  This district is designed to provide for a wide range of retail stores and personal service establishments which cater to frequently recurring needs.  The regulations are designed to promote stability of retail development by encouraging continuous retail frontage.

            (2)   PERMITTED USES. Only the following uses are permitted in the C-1 District:

                    (a)   Animal hospitals and clinics, but not the boarding of animals.

                    (b)   Antique or art shop.

                    (c)   Bakery employing not over 8 persons on the premises.

                    (d)   Bank, savings and loan or other financial institutions.

                    (e)   Barber shop, beauty parlor.

                    (f)    Boat and motorcycle sales and service.

                    (g)   Book and stationery store.

                    (h)   Business, professional offices and clinics.

                    (i)    Clothing store, department store, shoe store, shoe repair shop.

                    (j)    Clubs and lodges.

                    (k)   Commercial entertainment facilities, but not drive-in theater.

                    (l)    Dance studios.

                    (m)  Drugstore.

                    (n)   Dwelling, single family, but only as an accessory to a principle use for the caretaker or owner and his family only.

                    (o)   Florist shop, greenhouse.

                    (p)   Food products (retail), fruit and vegetable store, grocery store, meat and fish market, supermarket.

                    (q)   Funeral homes.

                    (r)    Furniture store, appliances, office equipment, upholstering.

                    (s)    Hardware, household appliances, plumbing, heating and electrical supplies, auto supplies.


 

 

                    (t)    Health club.

                    (u)   Hotel, motel.

                    (v)   Insurance firms, real estate firms, stockbrokers.

                    (w)  Jewelry store.

                    (x)   Laundry, cleaning and dyeing establishment.

                    (y)   Libraries, museums.

                    (z)    Martial arts schools.

 

                    (aa)  Music, radio and television store, record shop.

                    (ab)  Paint store, interior decorator.

                    (ac)  Parking lot.

                    (ad)  Photographer, photography supply shop.

                    (ae)  Printing and duplicating.

                    (af)  Public utility office or substation, telephone exchanges, fire stations, police station, administration buildings and similar uses.

                    (ag)  Publishing office.

                    (ah)  Radio and television broadcasting studio, tower, mast or aerial, microwave radio relay structures.

                    (ai)   Retail stores and shops offering convenience goods and services.

                    (aj)   Restaurant, café, but not drive-in restaurant.

                    (ak)  Signs, billboards, (See §17.80-17.83) sign painting shop.

                    (al)   Sporting goods stores.

                    (am) Theater, except drive-in theater.

                    (an)  Vocational schools and learning centers conducted for profit.

                    (ao)  Manufacturing or storage in connection with any of the above uses, when clearly incidental to the conduct of a retail business on the premises.

            (3)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved and a conditional use permit granted by the Town Board after a public hearing and recommendation by the Planning Commission.

                    (a)   Amusement parks including baseball batting ranges, commercial skating rinks, go-cart tracks, golf driving range, miniature golf course or similar establishments.

                    (b)   Automobile sales, service stations, repair, body shops, car wash.

                    (c)   Bowling alleys, dance halls, skating rinks.

                    (d)   Day care or child care facilities.

                    (e)   Drive-in restaurant.

                    (f)    Drive-in theater.

                    (g)   Farm equipment sales and service.

                    (h)   Farm machinery sales and service.

                    (i)    Feed and seed stores.

                    (j)    Fishing bait (live) stores.

                    (k)   Lumber yards.

                    (l)    Marinas.

                    (m)  Mobile homes sales and service.

                    (n)   Motorcycle sales, repair and service.

                    (o)   Newspaper office and press rooms.

                    (p)   Tavern.

                    (q)   Transportation terminals, taxi, limo and bus terminals.

                    (r)    Wholesale establishments.

                    (s)    Outdoor and indoor sports facilities and entertainment facilities which are part of a tavern’s operations.

                    (t)    Commercial radio or TV broadcasting towers , cellular telephone towers and similar structures subject to the provisions of §17.49(3)(w).

            (4)   HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS.

                    (a)   Height.  Except as otherwise provided in this chapter, no building shall exceed a height of 35'.  One additional foot of extra height may be permitted provided one additional foot of each side and rear yards for each additional foot of extra height is also established up to a maximum height of 60' unless the Board of Appeals approves a greater height.  See §17.22.

                    (b)   Lot area.  The minimum lot area shall be 10,000 square feet and the minimum lot width shall be 75' at the building line.

                    (c)   Floor Area.  Buildings used in whole or part for dwelling purposes, as opposed to accommodations for transients, shall have a floor area as required by the regulations of RM Multiple Family Residence District.

                    (d)   Side Yards.  Side yards shall be not less than 10' wide.

                    (e)   Rear Yard.  There shall be a rear yard of not less than 20' in depth.

                    (f)    Setback Lines.  (Streets and Waterlines) See §17.23, and 17.25.

                    (g)   Off Street Parking.  See §17.70-17.72.

 

17.55    M-1 LIGHT INDUSTRIAL DISTRICT.

            (1)   PURPOSE.  The light industrial and Office District is intended for any manufacturing or industrial operation which, on the basis of actual physical and operational characteristics would not be detrimental to the surrounding area or to the Town as a whole by reason of noise, dirt, smoke, odor, traffic, physical appearance or other similar factors.

            (2)   PERMITTED USES.  Only the following uses are permitted in the M-1 District:

                    (a)   Automotive heavy repair and upholstery, body shop.

                    (b)   Cleaning, pressing and dyeing establishments.

                    (c)   Commercial greenhouses.

                    (d)   Dwellings, single family, but only as an accessory to a principle use, for the caretaker or owner and his family only.

                    (e)   Food locker plants.

                    (f)    General or clerical office.

                    (g)   Light industrial plants such as required for production of millwork, machine tools, paper containers, patterns, die castings, light metal fabrication and similar small industries which do not require loud presses.

                    (h)   Manufacture, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastic, textiles and wood Manufacture, fabrication, packing, packaging and assembly of confections, cosmetics, electrical appliances, electronic devices, instruments, jewelry, pharmaceuticals, tobacco, toiletries and foods except cabbage, fish and fish products, meat and meat products and pea vineries.

                    (i)    Manufacturing and bottling of nonalcoholic beverages.

                    (j)    Painting.

                    (k)   Printing.

                    (l)    Professional offices.

                    (m)  Publishing.

                    (n)   Research and testing laboratories.

                    (o)   Schools and training centers.

                    (p)   Warehousing, inside storage and mini warehousing.  Inside storage of contractors' supplies and equipment, and outside storage when screened from the view of any public right-of-way and residences other than the owner's.

                    (q)   Wholesalers and distributors.  Common and contract hauler parking and structures for the repair and maintenance of the vehicles.

                    (r)    Signs.  (See §17.80-17.83).

                    (s)    Transportation terminals, taxi, limo and bus terminals.

 

            (3)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission.

                    (a)   Airports, air strip and landing fields providing the site area is not less than 20 acres.

                    (b)   Automobile, construction, and farm machinery sales or service businesses.

                    (c)   Commercial service facilities, such as restaurants and fueling stations provided all such services are physically and sales-wise oriented toward industrial district users and employees and other users are only incidental customers.

                    (d)   Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelter, parks, playgrounds and museums.

                    (e)   Manufacturing, processing and storage of dry ice and building materials, lumber yards.

                    (f)    Public passenger transportation terminals, such as heliports, bus and rail depots, provided all principal structures and uses are not less than 100' from any residential district boundary.

                    (g)   Commercial wind electrical generation towers subject to the provisions of §17.49(3)(aj).

                    (h)   Commercial radio or TV broadcasting towers, cellular telephone towers and similar structures subject to the provisions of §17.49(3)(w).

            (4)   HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS.

                    (a)   Height.  The maximum height shall be 45' except that this may be increased to 60', provided all yards are increased 3' in width for each 5' of additional height.

                    (b)   Lot Area.  The minimum lot area shall be 20,000 square feet.

                    (c)   Width.  The minimum width shall be 150'.

                    (d)   Side Yards.  The minimum side yard shall be 20', provided further that any such side yard which abuts a boundary of a Residence District shall be not less than 25' wide, unless such Residence District boundary lies within a street or alley.

                    (e)   Rear Yard. The minimum rear yard shall be not less than 25' in depth.

                    (f)    Prohibited Uses of Yards.  Any yard which abuts a boundary of a non-industrial district shall not have an automobile parking lot, stockpile, waste or salvage pile, equipment storage or other accumulation of material or equipment in the open, placed in such yard, except that loading platforms may be established in a yard if it abuts on a railroad.

                    (g)   Setback Lines.  (Streets and Waterlines)  See §17.23, and 17.25.

                    (h)   Off Street Parking.  See §17.70-17.72.

 

17.56    M-2 HEAVY INDUSTRIAL DISTRICT.

            (1)   PURPOSE.  The Heavy Industrial District is intended to provide for uses which by their nature could exhibit characteristics harmful, noxious or detrimental to surrounding uses of the land.

            (2)   PERMITTED USES. Only the following uses are permitted in the M-2 District:

                    (a)   Any use permitted in the M-1 Light Industrial District.

                    (b)   Automobile sales and service stations.

                    (c)   Freight yards and depots including livestock collection, transfer and sales.

                    (d)   Breweries.

                    (e)   Inside storage and outside storage when fenced.

                    (f)    Lumber yards.

                    (g)   Binderies.              

            (3)   CONDITIONAL USES.  The following are conditional uses permitted when the location of the use shall have been approved and a conditional use permit has been granted by the Town Board after a public hearing and recommendation by the Planning Commission.  Such approval shall be consistent with the general purpose and intent of this chapter and shall be based upon evidence presented at such public hearing.

(a)       Airports, airstrips and landing fields provided the site area is not less than 20 acres.

(b)       Commercial service facilities, such as restaurants and bulk fueling stations provided all such services are physically and sales oriented toward industrial district users and employees and other users are only incidental customers.

(c)       Creameries, condenseries.

(d)       Crematories.

(e)       Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, fish, fuel, gelatin, glucose, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oilcloth, paint, peas, perfume, pickle, plastics, poison, polish, potash, pulp, pyroxylin, rope, rubber, sausage, shoddy, size, starch, textiles and varnish.

(f)        Manufacture and bottling of alcoholic beverages, bag cleaning, canneries, cold storage warehouse, electric and steam generating plants, electro plating, enameling, forges, foundries, garbage incinerators, lacquering, lithographing, offal, rubbish or animal reduction, oil, coal and bone distillation refineries, road test facilities, slaughterhouses, smelting, stockyards and tanneries provided such uses shall be at least 600' from residential districts.

(g)       Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast.

(h)       Mining of nonmetallic minerals and the processing for manufacture of materials incidental to such extraction and the erection of buildings and the installation of equipment and machinery may be permitted provided: 

                           1.     Nonmetallic mining shall comply with the applicable terms of the General Marathon County Code of Ordinances regarding Nonmetallic Mining.

2.     All operations shall be at least 50' from the centerline of any right-of-way and 10' from any property line of another person or company.  All accessory uses such as offices and parking areas shall be at least 100' from any right-of-way or property line.Automobile wrecking yard, junk yard, or salvage yard, and portable tire shredders shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least 600' from the nearest residence except that of the owner, his agent or employee.

(i)         Municipal sewage disposal plants and related facilities.

(j)         Adult entertainment, adult bookstore/adult novelty shop whether or not alcohol is served.

(k)       Solid waste and recycling transfer stations.

(l)         Commercial wind electrical generation towers subject to the provisions of §17.49(3)(aj).

(m)     Commercial radio or TV broadcasting towers, cellular telephone towers and similar structures subject to the provisions of §17.49(3)(w).

            (4)   HEIGHT, AREA, YARDS AND OTHER REQUIREMENTS.

                    (a)   Height.  The maximum height of buildings shall be 45' except that this may be increased to 60', provided all yards are increased 3' in width for each 5' of additional height.

                    (b)   Lot Area.  The minimum lot area shall be 20,000 square feet.

                    (c)   Width.  The minimum width shall be 150'.

                    (d)   Side Yards.  The minimum side yard shall be 20', provided further than any such side yard which abuts a boundary of a Residence District shall not be less than 25' wide, unless such Residence District boundary lies within a street or alley.

                    (e)   Rear Yard.  The minimum rear yard shall be not less than 25' in depth.  Any yard which abuts a boundary of a Residence District shall not have an automobile parking lot, stockpile, waste or salvage pile, equipment storage or other accumulation of material or equipment in the open, placed in such yard, except that loading platforms may be established in a yard if it abuts on a railroad.

                    (f)    Setback lines.  See §17.23, and 17.25.

17.59    WELLHEAD PROTECTION OVERLAY DISTRICT

            (1)   PURPOSE AND AUTHORITY.  The purpose of this Wellhead Protection District is to institute land use regulations to protect the municipal water supplies, and to promote the public health, safety and general welfare.

            (2)   APPLICATION OF REGULATIONS.  The overlay regulations specified in this Wellhead Protection District shall apply to the areas of the Town of Texas that lie within the recharge areas for municipal water supply wells, and are in addition to the requirements in the underlying zoning district.  If there is a conflict between this district and the underlying zoning ordinance, the more restrictive provision shall apply.

            (3)   GROUNDWATER PROTECTION OVERLAY DISTRICT ZONE A.

                    (a)   INTENT.  The primary portion of the municipal well recharge area to be protected is the land within the cone(s) of depression and the area defined as Zone A and as shown on maps on file in the Town.  These lands are subject to the most stringent land use and development regulations because of close proximity to the wells and the corresponding high threat of contamination.

                    (b)   PERMITTED USES.  The following uses are permitted uses within Groundwater Protection Overlay District Zone A.  Uses not listed here or in Section 17.59(3)(c) are considered prohibited.

                           1.     Parks and playgrounds, provided there are no petroleum storage tanks or pesticide and fertilizer facilities, also provided that on-site waste disposal facilities or structures shall meet current codes.

                           2.     Wildlife areas.

                           3.     Non-motorized trails, such as biking, skiing, nature and fitness trails.

                           4.     Sewered residential development subject to conditions in Section 17.59(6).

                           5.     Unsewered single family residential development on existing lots of record on the effective date of this ordinance or amendment and subject to the conditions contained in Section 17.59(6).

                    (c)   CONDITIONAL USES.  The following uses may be permitted on a case-by-case basis providing adequate groundwater protection and monitoring measures are provided as determined by the Town Board after a public hearing and recommendation by the Planning Commission.

                           1.     Commercial uses served by a municipal sanitary sewer except those listed specifically as being prohibited in Section 17.59(3)(d).

                           2.     Agricultural activities including but not limited to pasture.  Conduct and management of these activities shall be subject to a farm plan based on the potential for groundwater contamination utilizing standards in the Technical Guide adopted by the Marathon County Land Conservation Committee.

 

                    (d)   PROHIBITED USES.  The following are prohibited uses within the Groundwater Protection Overlay District Zone A.  These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

                           1.     Animal confinement facilities and animal waste facilities.

                           2.     Any manufacturing or industrial business and asphalt product manufacturing.

                           3.     Bus or truck terminals.

                           4.     Bulk fertilizer and/or pesticide facilities.

                           5.     Cemeteries.

                           6.     Dry cleaning businesses.

                           7.     Electroplating facilities.

                           8.     Extermination businesses.

                           9.     Retail and wholesale liquid motor fuel dispensing facilities.

                           10.   Hazardous and/or toxic materials storage and waste facilities.

                           11.   Junk yards or auto salvage yards.

                           12.   Landfills or waste disposal facilities.

                           13.   Paint and coating manufacturing.

                           14.   Printing and duplicating businesses.

                           15.   Radioactive waste facilities.

                           16.   Recycling facilities, solid waste collection centers, and recycling collection centers.

                           17.   Repair shops including vehicle repair establishments and auto body repair shops.

                           18.   Salt storage.

                           19.   Septage, sewage sludge, and/or wastewater spreading.

                           20.   Spray wastewater facilities.

                           21.   Petroleum product storage tanks.

                           22.   Wastewater treatment or disposal facilities.

Where any of the uses listed in 17.59(3)(d) exist within the Groundwater Protection Overlay District Zone A on the effective date of this ordinance, those uses shall be deemed non-conforming.  Owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection within the provisions of non-conformity contained in the Zoning Ordinance.  Plans for the proposed upgrade must be approved and the appropriate permit issued by the Board of Appeals prior to any work being initiated.  Expansion of any pre-existing non-conformity is prohibited.

 

            (4)   GROUNDWATER PROTECTION OVERLAY DISTRICT ZONE B

                    (a)   INTENT.  A secondary portion of the municipal well recharge areas to be protected is the land which lies within Zone B as shown on maps on file in the Department.  Land use restrictions within Zone B are less restrictive than in Zone A because of longer flow times and a greater potential for remediation, dilution, and attenuation.

                    (b)   PERMITTED USES.  The following uses are permitted within Groundwater Protection Overlay District Zone B.  Uses not listed here or in 17.59(4)(c) are considered prohibited uses unless a determination as outlined in Section 17.59(3)(b) is made for similar uses.

                           1.     All uses listed as permitted uses in Groundwater Protection Overlay District Zone A.

                           2.     Agricultural activities which follow Agricultural Best Management Practices.

                           3.     Above ground petroleum product storage tanks up to 660 gallons when located in confinement structures as required by Section 17.59(6)(e).

                           4.     Basement heating fuel storage tanks.

                           5.     Commercial and/or industrial uses served by municipal sanitary sewer, except those listed as prohibited uses in Section 17.59(4)(d).

                           6.     Unsewered single family residential uses subject to the conditions in Section 17.59(6).

                    (c)   CONDITIONAL USES.  The following uses may be permitted on a case-by-case basis providing adequate groundwater protection and monitoring measures are provided as determined by the Town Board after a public hearing and recommendation by the Planning Commission.

                           1.     Nurseries for ornamental plants, greenhouses, and pesticide and fertilizer storage and associated uses for retail sales outlets.

                           2.     Cemeteries.

                            3.     Salt storage, including salt/sand combinations.

                           4.     Recycling facilities, solid waste collection centers and recycling collection centers.

                    (d)   PROHIBITED USES.  The following uses are prohibited uses within Groundwater Protection Overlay District Zone B, except as provided in Sections 17.59(4)(c) or  17.59(6).  These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

                           1.     Underground petroleum product storage tanks.

                           2.     Unsewered commercial and/or industrial development.

                           3.     Commercial pesticide and/or fertilizer storage, mixing and loading facilities.

                           4.     Septage, sewage and/or wastewater spreading.

                           5.     Retail and/or wholesale liquid motor fuel dispensing facilities.

                           6.     Vehicle repair shops including auto body repair.

                           7.     Printing and duplicating businesses which use hazardous chemical as defined by the EPA in their printing process.

                           8.     Bus or truck terminals.

                           9.     Landfills.

                           10.   Wastewater treatment or disposal facilities.

                           11.   Spray wastewater facilities.

                           12.   Automobile salvage yards or junk yards.

                           13.   Animal confinement facilities (except veterinary hospitals and clinics).

                           14.   Asphalt products manufacturing.

                           15.   Dry cleaning facilities.

                           16.   Electroplating facilities.

                           17.   Extermination shops.

                           18.   Painting and coating manufacture.

                           19.   Hazardous and/or toxic material storage and/or facilities.

                           20.   Radioactive waste facilities.

                           21.   Garage and vehicular towing.

                           22.   Public and municipal maintenance garages.

Where any of the uses listed in Section 17.59(4)(d) exist within Groundwater Protection Overlay District Zone B on the effective date of this ordinance, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection pursuant to the provisions outlined in Section 17.59(3)(d).  Expansion of any pre-existing non-conforming use is prohibited.

            (5)   GROUNDWATER PROTECTION OVERLAY DISTRICT ZONE C

                    (a)   INTENT.  The outermost portion of the municipal well recharge area to be protected is the land which lies within Zone C as shown on maps on file in the Department.  Land use restrictions within Zone C are less restrictive than in either Zone A or Zone B because it is the portion of the recharge area most distant from the well(s).

                    (b)   PERMITTED USES.  The following uses are permitted within Groundwater Protection Overlay District Zone C.  Uses not listed here or in 17.59(5)(c) are considered prohibited uses.

                           1.     All uses listed as permitted uses in Groundwater Protection Overlay District B.

                           2.     Nurseries for ornamental plants, greenhouses and pesticide and fertilizer storage at the location of retail sales, provided that these products are delivered in retail quantity containers and no repackaging and/or mixing is done on the site.

                           3.     Veterinary hospitals and clinics (but not the training, breeding or boarding of animals).

 

                    (c)   CONDITIONAL USES.  The following may be permitted on a case-by-case basis providing adequate groundwater protection and monitoring measures are provided as determined by the Town Board after a public hearing and recommendation by the Planning Commission.

                           1.     Cemeteries.

                           2.     Salt storage including sand/sand combinations.

                           3.     Recycling facilities, solid waste collection centers and recycling collection centers.

                    (d)   PROHIBITED USES.  The following uses are prohibited uses within the Groundwater Protection Overlay District Zone C except as provided in Section 17.59(5)(c) or 17.59(6).  These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

                           1.     Underground petroleum product storage tanks.

                           2.     Unsewered commercial and/or industrial development.

                            3.     Commercial pesticide and/or fertilizer storage, mixing and loading facilities.

                           4.     Septage, sewage and/or wastewater spreading.

                           5.     Retail and/or wholesale liquid motor fuel dispensing facilities.

                           6.     Vehicle repair shops including auto body repair.

                           7.     Printing and duplicating businesses which use hazardous chemical as defined by the EPA in their printing process.

                           8.     Bus or truck terminals.

                           9.     Landfills.

                           10.   Wastewater treatment or disposal facilities.

                           11.   Spray wastewater facilities.

                           12.   Automobile salvage yards or junk yards.

                           13.   Animal confinement facilities (except veterinary hospitals and clinics).

                           14.   Asphalt products manufacturing.

                           15.   Dry cleaning facilities.

                           16.   Electroplating facilities.

                           17.   Extermination shops.

                           18.   Painting and coating manufacture.

                           19.   Hazardous and/or toxic material storage and/or facilities.

                           20.   Radioactive waste facilities.

                           21.   Garage and vehicular towing.

                           22.   Public and municipal maintenance garages.

Where any of the uses listed in Section 17.59(5)(d) exist within Groundwater Protection Overlay District Zone B on the effective date of this district, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection pursuant to the provisions outlined in Section 17.59(3)(d).  Expansion of any pre-existing non-conforming use is prohibited.

 

            (6)   DESIGN AND PERFORMANCE STANDARDS

                    (a)   INTENT.  The following standards and requirements shall apply to all uses permitted within the Groundwater Protection Overlay District.

                    (b)   LOT SIZE.  Minimum lot size for unsewered residential uses shall be 2 acres except for:

                           1.     Existing lots of record on the effective date of this ordinance.

                    (c)   LANDSCAPING AND MAINTAINED LAWN OR GRASS.

                           1.     All commercial and industrial uses shall be allowed a maximum of 50% of the lot area to be maintained lawn or grass.  In no instance shall the area of maintained lawn or grass exceed the area of impervious surfaces on the lot.

                           2.     Sewered residential uses are permitted a maximum area of maintained lawn or grass as shown below:

                                          Lot Area                             Lawn Area

                                          15,000 square feet               6,000 square feet

                                          ½ Acre                               8,000 square feet

                                          3/4 Acre                             11,000 square feet

                                          1 Acre                                14,000 square feet

                                           1 ½ Acres                                       20,000 square feet

                                          2 Acres                              26,000 square feet

Maximum lawn areas for lot sizes not listed shall be based on the average percentage of lawn area allowed on the two nearest lot sizes listed.

                           3.     Unsewered residential uses are permitted a maximum area of maintained lawn or grass as shown below:

                                          Lot Area                             Lawn Area

                                          2 Acres                              8,000 square feet

                                          3 Acres                              21,000 square feet

                                          4 Acres                              31,000 square feet

                                          5 Acres or larger                 44,000 square feet

Maximum lawn areas for lot sizes not listed shall be based on the average percentage of lawn area allowed on the two nearest lot sizes listed.

                           4.     Natural vegetative covers not requiring the use of pesticides or fertilizer after initial establishment are encouraged as an alternative to lawn or grass.

 

                    (d)   STORM DRAINAGE AND SNOW MELT.  All storm drainage for commercial and industrial sites shall be retained on the site or discharged to a municipally operated storm drain.  If retained on the site, storm water shall be discharged to settling basins where it shall percolate through at least six inches of topsoil with vegetation established as in Section 17.59(6)(c).  Use of drywells or other subsurface drains for storm water drainage is prohibited, as is the use of a groundwater pond.

                    (e)   PETROLEUM, PESTICIDE, FERTILIZER AND SALT STORAGE.

                           1.     All petroleum product storage tanks shall provide leak-proof containment not less than 125% of the tank volume except basement heating fuel storage tanks.

                           2.     Pesticide and fertilizer storage is permitted at the location of retail sales of these products provided that the products are delivered in retail quantity containers and no re-packaging and/or mixing is done on the site.

                           3.     Pesticide and fertilizer storage is permitted on a farm for use on that farm by the owner or farm operator.

                           4.     Bulk liquid pesticide/fertilizer storage containers exceeding 55 gallons are permitted providing the containers are located within a leak-proof containment area not less than 125% of the volume of the largest container.  ICC approved transport containers do not require containment.

                           5.     Salt storage must conform to standards in Chapter Trans. 277, Wisconsin Administrative Code.

                    (f)    ANIMAL WASTE - STORAGE AND HANDLING.

                           1.     Animal waste storage facilities must meet the standards of the County Animal Waste Management Ordinance.

                           2.     Animal waste, in combination with chemical fertilizer or other soil amendments, shall not be applied at rates which exceed the nutrient requirements of the crops grown on the application site.

                           3.     Conduct and management of agricultural activity shall be subject to a plan utilizing standards of the County Technical Guide, as adopted by the County Land Conservation Committee.

            (7)   ADMINISTRATION.

                    (a)   DETERMINATIONS.  The boundaries of the Groundwater Protection Overlay District shall be shown on the maps for Town of Texas.

                    (b)   APPEALS.  Appeals to any administrative decision by the Town Zoning Administrator connected with this ordinance shall be made to the Board of Appeals as provided in Section 17.91 of this Ordinance and shall be supported with appropriate technical documentation as determined by the Board of Appeals.

 

 

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