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Town of Winneconne, WI
Winnebago County
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Table of Contents
Table of Contents
A. 
To regulate and restrict the location of trades, industries, residences, and other uses, and the location of buildings designed, erected, altered or occupied for specific purposes; to regulate and limit the size of buildings hereafter erected or altered; and to regulate and limit the density of population, the Town of Winneconne is divided into the following districts, the standards of which are set forth in this article:
[Amended 2-15-1996; 2-16-2017 by Ord. No. 2017-1]
District
Designation
Rural Residential District
R-1
Residential District
R-1A
Residential District
R-1A-1
Residential District
R-2A
Residential District
R-3A
Planned Residential District
R-4A
Mobile Home District
MH-1
Commercial District
C-1
Industrial District
I-1
Farmland Preservation District
A-1
Agricultural District
A-2
Floodplain District
FP-1
B. 
The boundaries of the districts set forth above are shown upon the Official Zoning Map(s) on file in the office of the Town Clerk and upon the General Floodplain Overlay(s) on the Official Zoning Map(s) of Winnebago County on file in the office of the Winnebago County Zoning Administrator, which said map(s) and overlay(s) are made a part of this chapter as if the map(s), overlay(s), notations, references, and other information shown upon them were all fully set forth herein.
[Added 2-16-2017 by Ord. No. 2017-01[1]]
In the Future Land Use Plan. the agriculture, vacant/undeveloped future land use category includes developed and possibly some future residential lots created by the CSM (Certified Survey Map) process, but shall not include subdivisions created through the platting process covered in the subdivision ordinance Chapter 275, beginning at Article IV. The Residential District R-1 is intended to provide a quiet, pleasant and relatively spacious living area, protected from traffic hazards and the intrusion of incompatible land uses. Basic district standards are designed to provide reliable single-family home sites where all other uses, facilities, and services are of secondary significance to the location of the home site and living area itself.
A. 
Use regulations. In the Residential District R-1, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter, except for the following uses:
(1) 
One-family dwellings (but no mobile homes).
(2) 
One-family dwellings with rooms for up to two paying guests (but no mobile homes).
(3) 
Accessory buildings, including one private garage.
(4) 
Fences are permitted on or near property lines in this district. All fences must comply with the minimum requirements for fences set forth in Ch. 90, Wis. Stats. No fence shall exceed six feet in height.
B. 
Height regulations. In the Residential District R-1, no building shall be erected or structurally altered to exceed 35 feet or 2 1/2 stories in height. Accessory buildings shall not exceed 18 feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.
C. 
Area regulations.
(1) 
Front yards. The front yard depth dimension shall also be defined as the front yard setback. On every lot in the Residential District there shall be an open and unobstructed front yard having a depth of not less than 75 feet, except as follows:
(a) 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average front yard depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average front yard line so established, provided that this regulation shall not require a front yard depth of more than 75 feet in any case.
(b) 
No front yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(c) 
Properties having access from a private road shall add an additional 33 feet to the front yard setback as measured from the center of the private road.
(2) 
Side yards. On every lot in the Residential District there shall be two side yards, one on each side of the building, and neither of such side yards shall be less than 10 feet in width. The side yard depth dimension shall also be defined as the side yard setback.
(3) 
Corner lots. Every corner lot in the Residential District shall have a width sufficient to provide a building setback of at least 75 feet from each street right-of-way line.
(4) 
Rear yards. The rear yard depth dimension shall also be defined as the rear yard setback.
(a) 
On every lot in the Residential District there shall be a rear yard having a depth of not less than 25 feet if the lot is served by a public sewer utility and not less than 50 feet if there is no sewer service for said lot, except as follows:
[1] 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average rear depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average rear yard line so established, provided that this regulation shall not require a rear yard depth of more than 25 feet for sewered lots or 50 feet for unsewered lots.
[2] 
No rear yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(b) 
Rear yards permitted under these exceptions shall be established and certified by the Building Inspector.
(5) 
On every lot abutting on any shoreline, there shall be an open and unobstructed front, side or rear yard, as the case may be, having a depth of not less than 75 feet measured from the ordinary high water mark.
(6) 
Every lot in the Residential District shall have a minimum frontage of 85 feet if the lot is served by a public sewer utility and 200 feet if there is no public sewer service for said lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum frontage greater than either of such adjoining lots.
(7) 
Every lot in the Residential District shall have a minimum area of 12,000 square feet if the lot is served by a public sewer utility and 43,000 square feet if there is no public sewer service for said lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum area greater than either of such adjoining lots.
(8) 
The maximum lot area in the residential area is 4.99 acres
(9) 
Accessory buildings may not project forward or beyond the required setbacks of the main building.
D. 
Off-street parking requirements.
(1) 
Spaces required for the one-family dwelling shall be one space per family.
(2) 
Spaces required for the one-family dwelling with paying guests shall be one space per family and one space for each paying guest.
E. 
Conditional uses. Upon application duly approved and after public hearing, the following uses will be granted subject to consideration of adequate parking provisions, together with the traffic problems they may generate and their compatibility with the existing neighborhood:
(1) 
Churches and convents.
(2) 
Hospitals, clinics and professional offices, other than correctional and mental institutions, and veterinary offices, clinics and hospitals.
(3) 
Schools and colleges, public, parochial and private.
(4) 
Museums, libraries, parks, playgrounds or community centers not conducted for profit.
(5) 
Uses customarily incidental to the above uses. Home occupations are permitted as conditional uses, provided that such uses are situated within the main or accessory buildings. Incidental services, such as all utility systems in compliance with Ch. 281, Wis. Stats., are permitted.
(6) 
Greenhouses.
(7) 
Professional or announcement unlighted signs not over one square foot in area, except that public and quasipublic institutions may have for their own use an announcements sign or bulletin board not over eight square feet in area and unlighted pertaining to the lease, hire, or sale of a building or premises, provided that no other advertising sign of any character shall be permitted in the Residential District, and provided further that all permitted signs shall be located within the lot lines and at least 15 feet from the lot line.
F. 
Conformance with provisions. The Residential District R-1 shall conform as follows:
(1) 
All dwellings erected, reconstructed, or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
(2) 
All principal and conditional uses authorized for the Residential District R-1 must comply with the Winnebago County Sanitary Ordinance and setback standards of Ch. COMM 83, Wis. Adm. Code.
(3) 
If mobile homes exist as nonconforming uses, they must conform to Ch. COMM 85, Wis. Adm. Code, if there is no public sewer service for said lot. Mobile homes must pay also fees authorized and required under § 66.0435(3)(c), Wis. Stats., and conform to the basic district standards of the Mobile Home District.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 310-20 through 310-57 as §§ 310-21 through 310-58, respectively.
[Amended 2-15-1996]
The Residential District R-1A is intended to provide a quiet, pleasant and relatively spacious living area, protected from traffic hazards and the intrusion of incompatible land uses. Basic district standards are designed to provide reliable single-family home sites where all other uses, facilities, and services are of secondary significance to the location of the home site and living area itself.
A. 
Use regulations. In the Residential District R-1A, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter, except for the following uses:
(1) 
One-family dwellings (but no mobile homes).
(2) 
One-family dwellings with rooms for up to two paying guests (but no mobile homes).
(3) 
Accessory buildings, including one private garage.
(4) 
Fences are permitted on or near property lines in this district. All fences must comply with the minimum requirements for fences set forth in Ch. 90, Wis. Stats. No fence shall exceed six feet in height.
B. 
Height regulations. In the Residential District R-1A, no building shall be erected or structurally altered to exceed 35 feet or 2 1/2 stories in height. Accessory buildings shall not exceed 18 feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.
[Amended 6-17-2004]
C. 
Area regulations.
(1) 
Front yards. The front yard depth dimension shall also be defined as the front yard setback. On every lot in the Residential District there shall be an open and unobstructed front yard having a depth of not less than 75 feet, except as follows:
[Amended 10-16-2014]
(a) 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average front yard depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average front yard line so established, provided that this regulation shall not require a front yard depth of more than 75 feet in any case.
(b) 
No front yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(c) 
Properties having access from a private road shall add an additional 33 feet to the front yard setback as measured from the center of the private road.
(2) 
Side yards. On every lot in the Residential District there shall be two side yards, one on each side of the building, and neither of such side yards shall be less than 10 feet in width. The side yard depth dimension shall also be defined as the side yard setback.
[Amended 10-16-2014]
(3) 
Corner lots. Every corner lot in the Residential District shall have a width sufficient to provide a building setback of at least 75 feet from each street right-of-way line.
[Amended 10-16-2014]
(4) 
Rear yards. The rear yard depth dimension shall also be defined as the rear yard setback.
[Amended 10-16-2014]
(a) 
On every lot in the Residential District there shall be a rear yard having a depth of not less than 25 feet if the lot is served by a public sewer utility and not less than 50 feet if there is no sewer service for said lot, except as follows:
[1] 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average rear depth with a variation of not more than six feet from such average, no building no the undeveloped lot shall project beyond the average rear yard line so established, provided that this regulation shall not require a rear yard depth of more than 25 feet for sewered lots or 50 feet for unsewered lots.
[2] 
No rear yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(b) 
Rear yards permitted under these exceptions shall be established and certified by the Building Inspector.
(5) 
On every lot abutting on any shoreline, there shall be an open and unobstructed front, side or rear yard, as the case may be, having a depth of not less than 75 feet measured from the ordinary high water mark.
[Amended 10-16-2014]
(6) 
Every lot in the Residential District shall have a minimum frontage of 85 feet if the lot is served by a public sewer utility and 200 feet if there is no public sewer service for said lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum frontage greater than either of such adjoining lots.
(7) 
Every lot in the Residential District shall have a minimum area of 12,000 square feet if the lot is served by a public sewer utility and 43,000 square feet if there is no public sewer service for said lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum area greater than either of such adjoining lots.
(8) 
Accessory buildings may not project forward or beyond the required setbacks of the main building.
D. 
Off-street parking requirements.
(1) 
Spaces required for the one-family dwelling shall be one space per family.
(2) 
Spaces required for the one-family dwelling with paying guests shall be one space per family and one space for each paying guest.
E. 
Conditional uses. Upon application duly approved and after public hearing, the following uses will be granted subject to consideration of adequate parking provisions, together with the traffic problems they may generate and their compatibility with the existing neighborhood:
(1) 
Churches and convents.
(2) 
Hospitals, clinics and professional offices, other than correctional and mental institutions, and veterinary offices, clinics and hospitals.
(3) 
Schools and colleges, public, parochial and private.
(4) 
Museums, libraries, parks, playgrounds or community centers not conducted for profit.
(5) 
Uses customarily incidental to the above uses. Home occupations are permitted as conditional uses, provided that such uses are situated within the main or accessory buildings. Incidental services, such as all utility systems in compliance with Ch. 281, Wis. Stats., are permitted.
(6) 
Greenhouses.
(7) 
Professional or announcement unlighted signs not over one square foot in area, except that public and quasi-public institutions may have for their own use an announcements sign or bulletin board not over eight square feet in area and unlighted pertaining to the lease, hire, or sale of a building or premises, provided that no other advertising sign of any character shall be permitted in the Residential District, and provided further that all permitted signs shall be located within the lot lines and at least 15 feet from the lot line.
F. 
Conformance with provisions. The Residential District R-1A shall conform as follows:
(1) 
All dwellings erected, reconstructed, or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
(2) 
All principal and conditional uses authorized for the Residential District R-1A must comply with the Winnebago County Sanitary Ordinance and setback standards of Ch. COMM 83, Wis. Adm. Code.
(3) 
If mobile homes exist as nonconforming uses, they must conform to Ch. COMM 85, Wis. Adm. Code, if there is no public sewer service for said lot. Mobile homes must pay also fees authorized and required under § 66.0435(3)(c), Wis. Stats., and conform to the basic district standards of the Mobile Home District.
[Added 2-15-1996]
The Residential District R-1A-1 is intended to provide a quiet, pleasant, and more dense living area than the R-1A District, in subdivided area only, protected from traffic hazards and incompatible land uses. Basic district standards are designed to provide reliable single-family home sites where all other uses, facilities, and services are of secondary significance to the location of the home site and living area itself.
A. 
Use regulations. In the Residential District R-1A-1, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter, except for the following uses:
(1) 
One-family dwellings (but no mobile homes).
(2) 
Accessory buildings, including one private garage.
(3) 
Fences are permitted on or near property lines in this district. All fences must comply with the minimum requirements for fences set forth in Ch. 90, Wis. Stats. No fence shall exceed six feet in height.
B. 
Height regulations. In the Residential District R-1A-1, no building shall be erected or structurally altered to exceed 35 feet or 2 1/2 stories in height. Accessory buildings shall not exceed 18 feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.
[Amended 6-17-2004]
C. 
Area regulations.
(1) 
Front yards. The front yard depth dimension shall also be defined as the front yard setback. On every lot in this Residential District there shall be an open and unobstructed front yard having a depth of not less than 30 feet, except as follows:
[Amended 10-16-2014]
(a) 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average front yard depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average front yard line so established, provided that this regulation shall not require a front yard depth of more than 30 feet in any case.
(b) 
No front yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(c) 
Properties having access from a private road shall add an additional 33 feet to the front yard setback as measured from the center of the private road.
(2) 
Side yards. On every lot in this Residential District there shall be two side yards, one on each side of the building, and neither of such side yards shall be less than 10 feet in width. The side yard depth dimension shall also be defined as the side yard setback.
[Amended 10-16-2014]
(3) 
Corner lots. Every corner lot in this Residential District shall have a width sufficient to provide a building setback of at least 30 feet from each street right-of-way line.
[Amended 10-16-2014]
(4) 
Rear yards. The rear yard depth dimension shall also be defined as the rear yard setback.
[Amended 10-16-2014]
(a) 
On every lot in this Residential District there shall be a rear yard having a depth of not less than 25 feet if the lot is served by a public sewer utility and not less than 50 feet if there is no sewer service for said lot, except as follows:
[1] 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average rear depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average rear yard line so established, provided that this regulation shall not require a rear yard depth of more than 25 feet for sewered lots or 50 feet for unsewered lots.
[2] 
No rear yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(b) 
Rear yards permitted under these exceptions shall be established and certified by the Building Inspector.
(5) 
Frontage. Every lot in the Residential District shall have a minimum frontage of 100 feet at the building setback line, regardless of whether or not public sewer is available to the lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum frontage greater than either of such adjoining lots.
(6) 
Area. Every lot in this Residential District shall have a minimum area of 21,000 square feet, regardless of whether or not public sewer service is available to the lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum area greater than either of such adjoining lots.
(7) 
Accessory buildings may not project forward or beyond the required setbacks of the main building.
D. 
Off street parking requirements. Two spaces shall be required for the one-family dwelling.
E. 
Conditional uses. Upon application duly approved and after public hearing, the following uses will be granted subject to consideration of adequate parking provisions, together with the traffic problems they may generate and their compatibility with the existing neighborhood:
(1) 
Churches and convents.
(2) 
Incidental services, such as all utility systems in compliance with Ch. 281, Wis. Stats., are permitted.
F. 
Conformance with provisions. The Residential District R-1A-1 shall conform as follows:
(1) 
All dwellings erected, reconstructed, or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
(2) 
All principal and conditional uses authorized for the Residential District R-1A-1 must comply with the Winnebago County Sanitary Ordinance and setback standards of Ch. COMM 83, Wis. Adm. Code.
(3) 
If mobile homes exist as nonconforming uses, they must conform to Ch. COMM 85, Wis. Adm. Code, if there is no public sewer service for said lot. Mobile homes must pay also fees authorized and required under § 66.0435(3)(c), Wis. Stats., and conform to the basic district standards of the Mobile Home District.
The Residential District R-2A is intended to provide a living area which is pleasant but not as spacious as District R-1A.
A. 
Use regulations. In the Residential District R-2A, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter, except for the following uses:
(1) 
Any use permitted in Residential District R-1A.
(2) 
Two-family dwellings.
(3) 
Accessory buildings, the use of which is customarily incident to any of the above uses and located on the same lot.
(4) 
Fences are permitted on or near property lines in this district. All fences must comply with the minimum requirements for fences set forth in Ch. 90, Wis. Stats. No fence shall exceed six feet in height.
B. 
Height and area regulations. In the Residential District R-2A, no building shall be erected or structurally altered to exceed 35 feet or 2 1/2 stories in height. Accessory buildings shall not exceed 18 feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.
[Amended 6-17-2004]
(1) 
Front yards. The front yard depth dimension shall also be defined as the front yard setback. On every lot in the Residential District there shall be an open and unobstructed front yard having a depth of not less than 75 feet, except as follows:
[Amended 10-16-2014]
(a) 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average front yard depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average front yard line so established, provided that this regulation shall not require front yard depth of more than 75 feet in any case.
(b) 
No front yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(c) 
Properties having access from a private road shall add an additional 33 feet to the front yard setback as measured from the center of the private road.
(2) 
Side yards. On every lot in the Residential District there shall be two side yards, one on each side of the building, and neither of such side yards shall be less than 10 feet in width. The side yard depth dimension shall also be defined as the side yard setback.
[Amended 10-16-2014]
(3) 
Corner lots. Every corner lot in the Residential District shall have a width sufficient to provide a building setback of at least 75 feet from each street right-of-way line.
[Amended 10-16-2014]
(4) 
Rear yards. The rear yard depth dimension shall also be defined as the rear yard setback.
[Amended 10-16-2014]
(a) 
On every lot in the Residential District there shall be a rear yard having a depth of not less than 25 feet if the lot is served by a public sewer utility and not less than 50 feet if there is no public sewer service for said lot, except as follows:
[1] 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average rear yard depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average rear yard line so established, provided that this regulation shall not require a rear yard depth of more than 25 feet for sewered lots or 50 feet for unsewered lots.
[2] 
No rear yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(b) 
Rear yards permitted under these exceptions shall be established and certified by the Building Inspector.
(5) 
On every lot abutting on any shoreline, there shall be an open and unobstructed front, side, or rear yard, as the case may be, having a depth of not less than 75 feet measured from the ordinary high water mark.
[Amended 10-16-2014]
(6) 
Every lot in the Residential District shall have a minimum frontage of 85 feet if the lot is served by a public sewer utility and 200 feet if there is no public sewer service for said lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum frontage greater than either of such adjoining lots.
(7) 
Every lot in the Residential District shall have a minimum area of 12,000 square feet if the lot is served by a public sewer utility and 43,000 square feet if there is no public sewer service for said lot, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum area greater than either of such adjoining lots.
(8) 
Accessory buildings may not project forward or beyond the required setbacks of the main building.
C. 
Off street parking requirements. Spaces required for one-family and two-family dwellings shall be one space per family, and if paying guests are accommodated, one additional space is required for each paying guest.
D. 
Conditional uses. Upon application duly approved and after public hearing, the following uses will be granted subject to consideration of adequate parking provisions, together with the traffic problems they may generate and their compatibility with the existing neighborhood:
(1) 
Any conditional use allowable in Residential District R-1A.
(2) 
Charitable institutions, rest homes, nonprofit clubs and lodges which may have for their own use an unlighted sign or bulletin board not over eight square feet in area, provided that all permitted signs shall be located within the lot lines and at least 10 feet inside lot lines.
(3) 
Rooms for more than four paying guests.
E. 
Conformance with provisions. The Residential District R-2A shall conform as follows:
(1) 
All dwellings erected, reconstructed, or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
(2) 
All principal and conditional uses authorized for the Residential District (R-2A) must comply with the Winnebago County Sanitary Ordinance and setback standards of Ch. COMM 83, Wis. Adm. Code.
(3) 
If mobile homes exist as nonconforming uses, they must conform to Ch. COMM 85, Wis. Adm. Code, if there is no public sewer service for said lot. Mobile homes must pay all fees authorized and required under § 66.0435(3)(c), Wis. Stats., and conform to the basic district standards of the Mobile Home District.
The Residential District R-3A is intended to provide a living area which is pleasant and includes multiple housing but retaining a relatively low density pattern. All lots in this district must be served by a public sewer utility.
A. 
Use regulations. In the Residential District R-3A, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter, except for the following uses:
(1) 
Any use permitted in Residential District R-2A.
(2) 
Multiple-family dwellings.
(3) 
Accessory buildings, the use of which is customarily incident to any of the above uses and located on the same lot.
(4) 
Fences are permitted on or near property lines in this district. All fences must comply with the minimum requirements for fences set forth in Ch. 90, Wis. Stats. No fence shall exceed six feet in height.
B. 
Height and area regulations. In the Residential District R-3A, no building shall be erected or structurally altered to exceed 35 feet or 2 1/2 stories in height. Accessory buildings shall not exceed 18 feet in height. Heights are determined from the main elevation of the finished grade adjoining and along the front of the building to the highest point.
[Amended 6-17-2004]
(1) 
Front yards. The front yard depth dimension shall also be defined as the front yard setback. On every lot in the Residential District there shall be an open and unobstructed front yard having a depth of not less than 75 feet, except as follows:
[Amended 10-16-2014]
(a) 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average front yard depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average front yard line so established, provided that this regulation shall not require a front yard depth of more than 75 feet in any case.
(b) 
No front yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(c) 
Properties having access from a private road shall add an additional 33 feet to the front yard setback as measured from the center of the private road.
(2) 
Side yards. On every lot in this district there shall be two side yards, one on each side of the building, and neither of such side yards shall be less than 20 feet in width. The side yard depth dimension shall also be defined as the side yard setback.
[Amended 10-16-2014]
(3) 
Corner lots. Every corner lot in this district shall have a width sufficient to provide a building setback of at least 75 feet from each street right-of-way line.
[Amended 10-16-2014]
(4) 
Rear yards. The rear yard depth dimension shall also be defined as the rear yard setback.
[Amended 10-16-2014]
(a) 
On every lot in the Residential District there shall be a rear yard having a depth of not less than 50 feet, except as follows:
[1] 
Where lots comprising 40% or more of the frontage adjoining any undeveloped lot within 500 feet in either direction are already developed with buildings having an average rear yard depth with a variation of not more than six feet from such average, no building on the undeveloped lot shall project beyond the average rear yard line so established, provided that this regulation shall not require a rear yard depth of more than 50 feet.
[2] 
No rear yard need exceed the greater depth of already developed adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart.
(b) 
Rear yards permitted under these exceptions shall be established and certified by the Building Inspector.
(5) 
On every lot abutting on any shoreline, there shall be an open and unobstructed front, side, or rear yard, as the case may be, having a depth of not less than 75 feet measured from the ordinary high water mark.
[Amended 10-16-2014]
(6) 
Every lot in this district shall have a minimum frontage of 120 feet, except as follows:
(a) 
No undeveloped lot between two developed lots along the same street or road shall be required to have a minimum frontage greater than either of such adjoining lots.
(7) 
Every lot in the Residential District shall have a minimum area of 15,000 square feet plus a minimum of 1,500 additional square feet for each housing unit over four such family units. In addition, there must be a minimum open space of 500 square feet per unit for each lot in this district.
(8) 
Accessory buildings may not project forward or beyond the required setbacks of the main building.
C. 
Off street parking requirements. Off-street parking requirements shall be the same as in Residential District R-2A, and in addition, multiple dwellings shall provide one parking space for each studio apartment and two parking spaces for each family unit. In places of public gathering within this district, one parking space shall be required for each five seats available for public use.
D. 
Conditional uses. The following uses are conditional:
(1) 
Any conditional use allowable in Residential District R-2A.
(2) 
Funeral homes, provided that structures are residential in appearance and located not less than 75 feet from any lot line and adequate off-street parking spaces are provided.
(3) 
School dormitories, and sororities and fraternities which provide sleeping quarters.
E. 
Conformance with provisions. The Residential District R-3A shall conform as follows:
(1) 
All dwellings erected, reconstructed, or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
(2) 
All principal and conditional uses authorized for the R-3A District must comply with the Winnebago County Sanitary Ordinance and setback standards of Ch. COMM 83, Wis. Adm. Code.
(3) 
If mobile homes exist as nonconforming uses, they must conform to Ch. COMM 85, Wis. Adm. Code, if there is no public sewer service for said lot. Mobile homes must pay all fees authorized and required under § 66.0435(3)(c), Wis. Stats., and conform to the basic district standards of the Mobile Home District.
The Planned Residential District is intended to provide for large-scale development of land with uses as permitted in residential districts and called "planned development." This district shall have no definite and measurable boundaries until such are approved by the Town Board on the recommendation of the Town Plan Commission, in accordance with procedures prescribed for zoning amendments by § 62.23, Wis. Stats. The development will constitute a reasonable extension of the living areas in the Town and will be compatible with surrounding uses. Plans for the proposed development shall be submitted in duplicate, shall include drawings to scale, and shall show the total land area in square feet, the total percentage of land area covered by structures, and the total number of dwelling units in addition to the location, size and proposed use of all structures and land included in the area involved. All lots in this district must be served by a public sewer utility.
A. 
Use regulations. The plans may provide for a combination of single-family and multifamily dwellings and associated uses and for other combinations of uses permitted in residential districts, including schools and educational facilities. All dwellings erected, reconstructed, or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
B. 
Height and area regulations.
(1) 
A single area of at least six acres must be provided for the planned residential district.
(2) 
Within the planned residential district, minimum lot sizes and yards and maximum height requirements of the zoning district in which the proposed development is located may be modified, except that minimum yards and maximum heights corresponding to the adjacent districts shall be provided around the boundaries of the district.
(3) 
The total area of the development shall provide a minimum of 7,000 square feet for each single-family unit, plus the lot area requirements of the Residential District R-1A for all other residential units included in the development.
(4) 
The total percentage of lot coverage by all structures in the development shall not exceed 30%.
C. 
Conformance with provisions. The Planned Residential District shall conform to:
(1) 
The provisions of Ch. 236, Wis. Stats.
(2) 
All applicable ordinances of the Town not specifically waived by the Town Plan Commission, including subdivision requirements for street standards and street improvements, subdivision utility improvements, off-street parking requirements and parking area improvements for the Residential District R-1A, and mobile home regulations.
(3) 
The State of Wisconsin Uniform Dwelling Code.
(4) 
The rules of the State Department of Transportation relating to safety of access and the preservation of the public interest and investments in the street, if the development of any lot contained therein abuts on a state trunk highway or connecting street.
The Mobile Home District MH-1 is intended to provide areas exclusive for residential use of mobile homes on individual lots or as part of a mobile home subdivision or park in developing areas, sewered or unsewered.
A. 
Use regulations. In the Mobile Home District MH-1, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter except for the following uses:
(1) 
Single-family mobile homes for residential use and accessory buildings.
(2) 
Two or more mobile homes for residential use and accessory buildings.
(3) 
Where lots are developed as a mobile home subdivision or park, offices, toilets, bathing, clothes washing, and recreation utilities, and other similar services for residents of the subdivision or park.
B. 
Conditional uses. Upon application duly approved and after public hearing, the following uses will be granted, subject to consideration of adequate parking provisions and their compatibility with the neighborhood:
(1) 
All conditional uses specified in Residential District R-1A.
C. 
Basic district standards. For lots developed as single-family mobile home sites, all front yards, side yards, rear yards, shoreline yards, and minimum lot frontage and area shall comply with the minimum requirements set forth in Residential District R-1A.
(1) 
No mobile home or building shall exceed one story or 15 feet in height.
(2) 
All parcels developed as mobile home parks or mobile home subdivisions must submit application and plans, pursuant to § 66.0435(5), Wis. Stats., to the Town Plan Commission, in duplicate, to include drawings to scale showing total land area in square feet and the percentage of land area covered by structures, designating their location, size, and proposed use. Minimum requirements are as follows: each mobile home shall be located on a lot of not less than 5,000 square feet with a minimum lot width of 50 feet. Mobile home park license fees are set by the Town Board.
[Amended 4-21-2005]
[1]
Editor's Note: See also Ch. 210, Mobile Home Parks and Trailer Camps.
A. 
Use regulations. The Commercial District is designed to accommodate those retail and customer service establishments which are characteristic of a light commercial nature with a restriction that there be no more than one business to each specified lot in the Commercial District. In the Commercial District, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter, except for the following uses:
[Amended 3-19-2009]
Accessory uses incidental to and on the same zoning lot as the principal use
Antique shops
Art and school supply stores
Automobile accessory stores
Banks and financial institutions
Barbershops and beauty parlors
Bicycle sales, rental and repair stores
Book and stationary stores
Business machine sales and service
Camera and photographic supply stores
Carpet and rug stores (retail only)
China and glassware stores
Clothing stores
Dressmaking (custom)
Dry goods stores
Dwelling space for one family unit as part of a business, which shall provide the minimum usable floor area required in the Residential District R-3A and two parking spaces
Electrical and household appliance and service stores, including radio and television
Employment agencies
Florist shops
Furniture stores
Furrier shops
Garden supply stores
Gift shops
Hardware, paint and wallpaper stores
Hobby shops, including coins and stamps
Interior decorating shops
Jewelry stores
Leather goods and luggage stores
Medical and dental clinics, not including veterinary clinics
Medical supply stores
Music stores
Offices, business, organizational and professional, not including veterinarians
Office supply stores
Optical sales and service
Photographic studios
Picture framing
Plumbing and heating sales
Post offices
Sewing and needlecraft shops, including materials, patterns, instructions and machines
Shoe stores and shoe, clothing and hat repair
Tailor shops
Taxidermists
B. 
Conditional uses. Any commercial use not expressly allowed in Subsection A is subject to a conditional use permit.
(1) 
Upon completion and submittal of a duly approved application for a conditional use permit and preliminary site plan information (A formal site plan application is required before a building permit is issued.), and after public hearing, uses will be granted subject to consideration of: number of employees, hours of operation and projected number of occupants of the building or site; traffic safety, including adequate measures to provide ingress and egress designed to minimize traffic hazards in the public streets; adequate utilities, access roads, drainage and other necessary site improvements; compatibility with neighboring properties within 300 feet of site property lines; and any other factors deemed relevant by the Plan Commission.
(2) 
Information to be considered as part of the request for a conditional use permit shall include dimensional building elevations of all structures on the subject property; property boundaries and dimensions; location, footprint, outside dimensions, floor elevation and square footage and distance to property lines of all buildings, structures and freestanding signs; front, side and rear yard zoning setback lines; existing and proposed pedestrian and vehicular areas; location and dimensions of vehicle parking areas with the number of parking spaces labeled; location and dimensions of all existing and proposed easements; location and square footage of stormwater facilities; location and type of outdoor lighting fixtures; outside storage areas identified (dumpsters, inventory, trucks, recreational vehicles, etc.); location of wetlands/watercourses/floodplains and floodways and setbacks; and existing and proposed utility connections and easements.
Art galleries and museums
Building material and product sales excepting ready-mix concrete
Campgrounds
Churches and other religious institutions
Convention, meeting and exhibition halls
Farm implement and machinery sales and service
Feed and seed stores
Garden supply and nurseries
Gas stations
Golf courses, golf driving ranges, drive-in theaters and other commercial recreation excepting those which would be offensive by virtue of emission of smoke, noise, dust, vibration or odor
Libraries
Marine sales and service
Mobile home sales
Motor vehicle service stations
Parks
Physical culture and health services, gymnasiums, or baths
Schools, music, dance, business, commercial or trade
Shopping center: the petitioner shall submit a preliminary development plan for the shopping center showing a unified and organized arrangement of buildings, off-street parking, internal traffic circulation and service facilities which are feasible for the property on which the center is proposed and which plan shall minimize any adverse effect of the center on the properties surrounding the proposed development; the plan must contain information showing compliance with minimum yard requirements for this district around its boundaries
Veterinary offices, clinics and hospitals; pet shops
Warehouses
Wholesale establishments
Uses clearly similar in character to those listed
Uses customarily incident to any of the above uses and located on the same lot
C. 
Accessory use. Residential quarters are permitted within the business structure, provided that the occupant is an owner, manager, or caretaker of the business.
D. 
Height regulations. No building erected or structurally altered shall exceed 35 feet in height from the main elevation of the finished grade.
E. 
Area regulations.
(1) 
Front yards. On every lot in the Commercial District there shall be an open and unobstructed front yard having a depth of not less than 50 feet. The front yard depth dimension shall also be defined as the front yard setback.
[Amended 10-16-2014]
(2) 
Side yards. On every lot in the Commercial District there shall be two side yards, one on each side of the building, and neither of such side yards shall be less than 10 feet in width. The side yard depth dimension shall also be defined as the side yard setback.
[Amended 10-16-2014]
(3) 
Corner lots. Every corner lot in the Commercial District shall have a width sufficient to provide a building setback of at least 50 feet from each street right-of-way line.
[Amended 10-16-2014]
(4) 
Rear yards. On every lot in the Commercial District there shall be a rear yard having a depth of not less than 25 feet if the lot is served by a public sewer utility and not less than 50 feet if there is no public sewer service for said lot. The rear yard depth dimension shall also be defined as the rear yard setback.
[Amended 10-16-2014]
(5) 
On every lot abutting on any shoreline, there shall be an open and unobstructed front, side, or rear yard, as the case may be, having a depth of not less than 75 feet measured from the ordinary high water mark.
[Amended 10-16-2014]
(6) 
Every lot in the Commercial District shall have a minimum frontage of 75 feet if the lot is served by a public sewer utility and 100 feet if there is no public sewer service for said lot.
(7) 
Every lot in the Commercial District shall have a minimum area of 15,000 square feet if the lot is served by a public sewer utility and 30,000 square feet if there is no public sewer service for said lot.
F. 
Off-street parking requirements. One parking space must be provided for each 200 square feet of floor space.
G. 
Off-street loading requirements. Space must be provided for off-street loading of sufficient size so that no street, alley, or pathway is blocked.
The Industrial District is intended to provide for industrial and manufacturing and warehouse uses in areas separated from other uses and to prevent the intrusion of incompatible uses within the district. The standards set forth herein are designed to minimize or eliminate possible environmental nuisances to adjacent commercial, business or residential districts.
A. 
Use regulations. The following uses are permitted in the Industrial District:
(1) 
Any industrial use involving production, processing, cleaning, servicing, manufacturing, repair or storage of materials, goods or products and including wholesaling, warehousing, transportation and communication facilities, except those uses listed under conditional, prohibited, and outdoor uses in this section, provided that such industrial use conforms to all of the performance standards set forth in this chapter.
(2) 
Business and commercial uses that principally serve industrial needs and activities. Such uses shall comply with the performance standards.
(3) 
Institutional uses, including clinics, professional offices, churches, and schools.
B. 
Conditional uses. The following uses are conditional. These uses may be permitted in the Industrial District in accordance with the procedures hereinafter outlined:
(1) 
Manufacture, utilization and storage of explosives.
(2) 
Planned industrial districts, subdivisions or parks.
(3) 
Reduction or dumping of garbage, offal or dead animals complying with § 95.72, Wis. Stats.
(4) 
Stockyards and slaughterhouses.
(5) 
Uses requiring buildings or structures in excess of 60 feet in height above grade.
(6) 
Keeping and storage of anhydrous ammonia and other toxic matters.
(7) 
Migrant labor camps.
(8) 
Junkyards, including vehicle and machinery wrecking and storage, in compliance with Ch. 289, Wis. Stats.
C. 
Outdoor uses. Manufacturing operations, utilization and storage of materials may be conducted outdoors, provided that such areas are kept neat and in an orderly fashion or screened from a public right-of-way. The outdoor storage of materials subject to becoming windburn (such as sand, gravel, coal, sulfur, etc.) shall not be permitted within 500 feet of other districts.
D. 
Height regulations.
(1) 
No building hereafter erected or structurally altered shall exceed 60 feet in height.
(2) 
Where any use in an industrial district joins another zoning district, no building shall exceed 35 feet in height, unless the yards required in the industrial district adjacent to the district boundary are increased one foot for each foot the building exceeds 35 feet.
E. 
Area regulations.
(1) 
Front yards. On every lot in the Industrial District, an open and unobstructed front yard of at least 10 feet shall be required, except for buildings facing collector streets or highways (as designated on the Zoning Map), which shall provide an open and unobstructed front yard of 35 feet in which no vehicles may be parked closer than 10 feet to the public right-of-way or highway; front yards shall be provided on each side abutting a public right-of-way. The front yard depth dimension shall also be defined as the front yard setback.
[Amended 10-16-2014]
(2) 
Side and rear yards. Side and rear yards of no less than 10 feet shall be provided, except where an industry abuts another zoning district, in which case, side and rear yards which abut the district shall not be less than 25 feet. The side and rear yard depth dimension shall also be defined as the side yard setback and rear yard setback, respectively.
[Amended 10-16-2014]
(3) 
Off-street loading requirements. Space shall be provided for off-street loading of sufficient size and capacity so that streets, alleys and pathways are not blocked.
(4) 
Off-street parking requirements. An off-street parking space shall be provided, with a minimum of one parking space for each four of the total number of employees on all shifts, plus one space for each vehicle maintained or owned on the premises by the industrial use. Residential and institutional uses shall meet residential district parking requirements.
F. 
Environmental performance standards. Hereinafter, all new uses, buildings and structures and all existing uses, buildings, and structures extended, enlarged or reconstructed with respect to such extended, enlarged or reconstructed portion or portions shall conform to the following standards:
(1) 
Noise and vibration. The sound-pressure level and earth vibration of any activity or operation shall not cause a nuisance across lot lines in any adjoining districts. The Town shall determine the nuisance character of the noise and vibration.
(2) 
Smoke. For the purpose of determining the density or equivalent opacity of smoke, the Ringelmann Chart, as published by the United States Bureau of Mines in Circular No. 8333 (1967), or an accurate facsimile on file with the Building Inspector, shall be employed.
(a) 
In the Industrial District, the emission of smoke from any chimney, stack, vent, opening or combustion process shall not exceed Ringelmann No. 2; however, smoke in excess of Ringelmann No. 2, but not exceeding Ringelmann No. 3, is permitted for a total of eight minutes during any four-hour period.
(b) 
Particulate matter emission from all stacks or vents shall not exceed one pound per hour per acre of lot area.
(c) 
Particulate matter emissions from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, or other means to render the surface wind-resistant. Such sources include storage piles of coal, sand, cinders, sulphur, etc., storage areas, yards, and roads.
(3) 
Toxic matter. The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period. The release of any airborne toxic matter shall be governed by the quantities permitted in this subsection, which are listed in the current Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists and kept on file by the Building Inspector. If a toxic substance is not contained in this listing, the applicant shall satisfy the Department of Safety and Professional Services that the proposed levels will be safe to the general population. Nowhere in the Industrial District shall the release of airborne toxic matter exceed 1/30 of the threshold limit value across lot lines.
[Amended 12-19-2019 by Ord. No. 2019-6]
(4) 
Flammable liquids and gases. The storage, utilization or manufacture of flammable liquids or gases shall be permitted in accordance with the Department of Safety and Professional Services code on flammable liquids.
[Amended 12-19-2019 by Ord. No. 2019-6]
(5) 
Detonable materials. Activities involving the storage, utilization or manufacture of materials or products in excess of five pounds which decompose by detonation shall be prohibited from the Industrial District. Such materials shall include, but not be limited to, all primary explosives, such as lead azide, lead styphnate, fulminates and tetracene; all high explosives, such as TNT, RDX, HMX, ETN, and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydazine and its derivatives; pyrotechnics and fireworks, such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives, such as dynamite and nitroglycerine; unstable organic compounds, such as acetylides, tetrazoles and ozonides; unstable oxidizing agents, such as perchloric acid, perchlorates, and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.
(6) 
Glare and heat. In the Industrial District any operation producing intense glare or heat shall be performed within a completely enclosed building or in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.
(7) 
Definitions. Definitions of technical terms used in the environmental performance standards are listed by category, as follows:
(a) 
Noise.
SOUND-PRESSURE LEVEL
The intensity of sound measured in decibels.
(b) 
Smoke and particulate matter.
PARTICULATE MATTER
Material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
RINGELMANN NUMBER
The shade of smoke as it appears on the standard Ringelmann Chart published by the United States Bureau of Mines.
SMOKE
Small gasborne particles, other than water, that form a visible plume in the air.
(c) 
Toxic matter.
THRESHOLD LIMIT VALUE
The maximum allowable airborne concentration of toxic material, as established by the American Conference of Governmental Industrial Hygienists.
TOXIC MATTER
Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
(d) 
Detonable materials.
DETONABLE MATERIALS
Materials which decompose by detonation. Such materials include explosives, unstable compounds and fissionable materials.
G. 
Compliance with performance standards required.
(1) 
An application for a building permit or certificate of occupancy for a use, building or structure which requires compliance with performance standards shall have affixed to it the certification of the applicant or his duly authorized representative stating that the use, building or structure and the operation of the use thereof, or the use of the land when no building or structure is involved, complies or will comply with all provisions of this chapter pertaining to such performance standards.
(2) 
The Building Inspector shall, upon receipt of such certification, approve and authorize the issuance of the building permit and certificate of occupancy, provided that there is compliance with all other relevant provisions of this chapter. Such issuance of a building permit and certificate of occupancy does not permit any future violation of any part of the performance standards required.
H. 
Violation of performance standards. If in the opinion of the Building Inspector a violation of the performance standards has occurred, the Building Inspector shall send written notice of such violation to the owners of the property by certified mail. The owners shall have a reasonable length of time, as determined by the Building Inspector, to correct the violation. Where technical complexity or extraordinary expense makes it unreasonable for the Town to maintain the personnel or equipment necessary to make the determination of the violation, the Town shall call in properly qualified experts to make the determination. If expert findings indicate a violation of the performance standards, the cost of the determination shall be assessed against the properties or persons responsible for the violation, in addition to the other penalties prescribed by this chapter. If no violation is found, the cost of the determination shall be paid entirely by the Town.
The Farmland Preservation District A-1 is designed to accommodate agricultural uses permitted under the Farmland Preservation Act, Ch. 91, Wis. Stats., to the extent that property within the Town may qualify to enter into farmland preservation agreements.
A. 
Use regulations. In the Farmland Preservation District A-1, no parcel of land in the Town of Winneconne can be eligible for zoning in this district unless it has 35 or more acres of contiguous land which is devoted primarily to agricultural use and produces gross farm profits sufficient to satisfy § 91.01(6), Wis. Stats. No building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in this chapter, except for the following uses:
(1) 
Beekeeping.
(2) 
Commercial feedlots.
(3) 
Dairying and egg production.
(4) 
Fish or fur farming.
(5) 
Floriculture.
(6) 
Forest and game management.
(7) 
Grazing.
(8) 
Livestock raising.
(9) 
One- and two-family farm dwellings which shall have minimum lot frontage and area for front yard, side yard, rear yard, shoreline yard, and corner parcels according to the minimum requirements set forth in Residential District R-1A and subject to limitations set forth as follows:
(a) 
Use of residence limited. The only residences allowed as permitted uses in this district are those to be occupied by a person who, or a family at least one member of which, earns a substantial part of his/her livelihood from farm operations on the parcel having Farmland Preservation District A-1 zoning, or is a parent or child of the operator of the farm.
(10) 
Orchards.
(11) 
Plant greenhouses and nurseries.
(12) 
Poultry raising.
(13) 
Raising of fruits, nuts and berries.
(14) 
Raising of grain, grass, mint and seed crops.
(15) 
Sod farming and vegetable raising.
(16) 
Any additional uses from time to time permitted under § 91.01, Wis. Stats., provided that such uses are exclusively for agricultural use.
B. 
Accessory uses. The following uses are accessory uses in this district:
(1) 
Fences. Security fences are permitted on the property line but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or chain link fencing.
(2) 
Signs. Directional signs shall be permitted according to this chapter.[1]
[1]
Editor's Note: See § 310-13H.
(3) 
Roadside stands. One roadside stand on any one farm shall be permitted, provided that it will be used only for the sale of the farm products raised on said farm.
(4) 
Outbuildings.
C. 
Height regulations. Residences shall not exceed limitations for Residential District R-1A requirements.
D. 
Area regulations.
[Amended 10-16-2014]
(1) 
Front yards. On every lot in the Farmland Preservation District there shall be an open and unobstructed front yard having a depth of not less than 75 feet. The front yard depth dimension shall also be defined as the front yard setback.
(2) 
Side yards. On every lot in the Farmland Preservation District there shall be two side yards, one on each side of the building, and neither of such side yards shall be less than 20 feet in width. The side yard depth dimension shall also be defined as the side yard setback.
(3) 
Corner lots. Every corner lot in the Farmland Preservation District shall have a width sufficient to provide a building setback of at least 75 feet from each street right-of-way line.
(4) 
Rear yards. On every lot in the Farmland Preservation District there shall be a rear yard having a depth of not less than 20 feet. The rear yard depth dimension shall also be defined as the rear yard setback.
(5) 
Shoreline lots. On every lot abutting on any shoreline, there shall be an open and unobstructed front, side, or rear yard, as the case may be, having a depth of not less than 75 feet measured from the ordinary high water mark.
E. 
Conditional uses. Upon application duly approved and after public hearing, the following uses will be granted subject to consideration of adequate parking provisions, together with the traffic problems they may generate and their compatibility with the existing neighborhood:
(1) 
Gas and electric utilities not requiring authorization under § 196.491(3), Wis. Stats.
(2) 
Farm residences or structures which existed prior to the adoption of this chapter may be separated from a larger farm parcel but such separation shall not reduce the acreage to less than 35 acres of contiguous land.
(3) 
Uses customarily incidental to the principal uses in this district, which must be agricultural-related, religious, other utilities, institutional or governmental uses which do not conflict with agricultural use and are found to be necessary in light of the alternative locations available for such uses.
(4) 
Mobile homes which shall be occupied as an accessory use to the farm operation. The occupant must earn a substantial part of his/her livelihood from farm operations on the parcel. A mobile home may be parked and occupied on an operating farm for the farm operator, farm labor, or retired farm parents. Only one such mobile home shall be permitted per operating farm, provided that:
(a) 
The farm operator shall agree in writing that discontinuance of the mobile home occupancy as the specified accessory use will necessitate removal of the mobile home.
(b) 
The conditional use shall be renewed every year.
F. 
Conformance with provisions. The Farmland Preservation District A-1 shall conform as follows:
(1) 
All dwellings erected, reconstructed or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
(2) 
All principal and conditional uses authorized for the Farmland Preservation District A-1 must comply with the Winnebago County Sanitary Ordinance and setback standards of Ch. COMM 83, Wis. Adm. Code.
(3) 
If mobile homes exist as nonconforming uses, they must conform to Ch. COMM 85, Wis. Adm. Code, if there is no public sewer service for said lot. Mobile homes must pay all fees authorized and required under § 66.435(3)(c), Wis. Stats., and conform to the basic district standards of the Mobile Home District.
[Amended 4-21-2005]
G. 
Revisions limited. The provisions of this Farmland Preservation District A-1 may not be revised except as provided in §§ 91.75(5) and 91.77, Wis. Stats., and upon due notice to the Wisconsin Department of Agriculture, Trade and Consumer Protection.
The Agricultural District A-2 is provided to conserve good farming areas and compatible public or private uses and to prevent the uneconomic and uncontrolled spread of residential development outside the available residential districts which might result in excessive cost to the Town for premature provision of essential public improvements and services, such as sewer, water and utility lines.
A. 
Principal uses. In the Agricultural District A-2, no building shall hereafter be erected or structurally changed or altered unless otherwise provided in this chapter, except for the following principal uses and in accordance with acreage limitations, if any, hereinafter specified.
Beekeeping
*Commercial feedlots
*Dairying and egg production
*Farm equipment sales and/or service
*Fish, fur or game farming
*Fish ponds and wildlife areas
Floriculture
Forest and *game management
*Grain elevators
*Grazing
In-season roadside stands for the sale of farm products produced on the premises and up to 2 unlighted signs not larger than 8 square feet each advertising such sale
*Livestock raising
Orchards
*Paddocks
*Pasturage
Plant greenhouses and nurseries
*Poultry raising
*Raising and keeping of stable animals
Raising of fruits, nuts, and berries
Raising of grain, grass, mint, and seed crops and the harvesting and storage thereof
Residences, if surrounded by an open lot area of at least 1 acre; residences in this district shall have minimum lot frontage and area for front yards, side yards, rear yards, shoreline yards, and corner parcels according to the minimum requirements set forth in the Residential District R-1A
Sod farming and vegetable raising
Veterinary offices or animal hospitals
Viticulture
*These principal uses are not permitted on parcels of 5 acres or less.
B. 
Conditional uses. Upon application duly approved and after public hearing, the following uses will be granted:
(1) 
Airports, airstrips and landing fields, in compliance with Ch. 114, Wis. Stats., and all FAA regulations.
(2) 
Amusement parks, ballparks, golf courses, and driving ranges.
(3) 
Cheese factories.
(4) 
Creameries and milk condenseries.
(5) 
Gas and electric utilities not requiring authorization under § 196.491(3), Wis. Stats.
(6) 
Go-cart tracks and skating rinks.
(7) 
Gravel or sand pits and quarries, including washing and grading of products, upon approval of a re-use plan for the land, with performance bond.
(8) 
Kennels.
(9) 
Landfill and solid waste disposal operations in compliance with Ch. 289, Wis. Stats.
(10) 
Livestock yards.
(11) 
Migratory labor housing.
(12) 
Mobile homes which shall be occupied as an accessory use to the farm operation. The occupant must earn a substantial part of his or her livelihood from farm operations on the parcel. A mobile home may be parked and occupied on an operating farm for the farm operator, farm labor, or retired farm parents. Only one such mobile home shall be permitted per operating farm, provided that:
(a) 
The farm operator shall agree in writing that discontinuance of the mobile home occupancy as the specified accessory use will necessitate removal of the mobile home.
(b) 
The conditional use shall be renewed every year.
(13) 
Parks and recreational facilities.
(14) 
Pea viners.
(15) 
Public incinerators.
(16) 
Radio and television broadcasting studios and towers.
(17) 
Slaughtering establishments complying with § 97.42, Wis. Stats.
(18) 
Sludge storage, disposal and spreading in compliance with all applicable State of Wisconsin and local regulations relating thereto.[1]
[Amended 2-15-1996]
[1]
Editor's Note: See Ch. 252, Sewers, Art. II, Sludge Disposal.
(19) 
Trap and skeet shooting and target ranges.
(20) 
Truck terminals.
(21) 
Water storage and sewage disposal plants and power stations.
(22) 
Uses customarily incidental to any of the permitted uses or the conditional uses listed for this district.
(23) 
Uses customarily incidental to the principal uses in this district if they are agricultural-related, religious, institutional, or governmental uses. Home occupations are permitted as conditional uses, provided that such uses are situated with the main or accessory building.
C. 
Fencing. Fences are permitted on or near property lines in this district. All fences must comply with the minimum requirements for fences set forth in Ch. 90, Wis. Stats. No fence shall exceed 10 feet in height.
D. 
Height regulations. Residences shall not exceed limitations for Residential District R-1A requirements.
E. 
Area regulations. Farmland Preservation District A-1 area regulations as to front yards, side yards, corner lots, rear yards and shoreline lots shall apply to the Agricultural District A-2.
F. 
Conformance with provisions.
(1) 
All dwellings erected, reconstructed, or structurally altered in this district shall comply with the State of Wisconsin Uniform Dwelling Code.
(2) 
All principal and conditional uses authorized for the Agricultural District A-2 must comply with the Winnebago County Sanitary Ordinance and setback standards of Ch. COMM 83, Wis. Adm. Code.
(3) 
If mobile homes exist as nonconforming uses, they must conform to Ch. COMM 85, Wis. Adm. Code, if there is no public sewer service for said lot. Mobile homes must pay all fees authorized and required under § 66.0435(3)(c), Wis. Stats., and conform to the basic district standards of the Mobile Home District.
[Amended 4-21-2005]
[Added 5-20-2004]
Any parcel of land that is created by a certified survey map or a division of land that is less than five acres in area shall not continue to be zoned, or zoned, Agricultural District (A-1 and A-2).
[1]
Editor's Note: An ordinance adopted 10-16-2014 provided that building setback dimensions have been revised to begin measurement from the public right-of-way line for front yard distance and from the property line for side and rear setback distances, respectively. Any existing structures that do not meet these new standards shall be "grandfathered" as part of these revisions. All previous reductions to these dimensions remain unchanged.