For the purpose of this chapter the Town of Milton is hereby
divided into the following zoning districts:
Agricultural District (A-1)
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Agricultural District (A-2)
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Agricultural District (A-3)
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Rural Residential District (R-R)
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Residential District (R-1)
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Residential District (R-3)
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Local Business District (B-1)
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Large Scale Commercial District (B-2)
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Commercial Highway Interchange District (CHI)
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Lowland Conservancy Overlay District One (C-1)
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Highland Conservation District Two (C-2)
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Commercial Recreational District (CR)
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Planned Unit Development District (PUD)
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Mobile Home Park District (MH)
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Special Purpose District (SP)
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Light Industrial District (M-1)
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Historic Conservation District (HC)
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The boundaries of such districts are hereby established as shown
on a map entitled "Official Zoning Map, Town of Milton, Wisconsin,"
dated November 5, 1979, as amended, which accompanies and is made
a part of this chapter. Such boundaries shall be construed to follow:
Town and corporate limit lines; U.S. Public Land Survey lines; lot
or property lines; soil mapping unit lines; topographic lines; center
lines of streets, roads, highways, alleys, easements, and railroad
right-of-way lines or such lines extended unless otherwise noted on
the Zoning Map. Said Map shall be kept on file in the office of the
Town Clerk and a copy attached hereto is correct only as of the day
of passage of this chapter. The Town Clerk shall keep a revised version
of said Map reflecting any and all changes of zoning boundaries.
The following regulations set forth requirements that usually
do not apply universally throughout the Town, but rather cover things
that are applicable to one or more districts.
A. Erection of more than one principal structure on a lot. In any district
no more than one structure housing permitted or conditional use may
be erected on a single lot except in the B-1, A-1, and A-2 Districts
where the requirements of those districts shall be met for each structure
as though it were on an individual lot; mobile homes only when in
a mobile home park or when they meet conditional use regulations in
A-1, A-2, or A-3 Districts.
B. Exceptions to height regulations. The height limitations contained
in the requirements for permitted and conditional uses do not apply
to spires, belfries, cupolas, antennas, water tanks, fire towers,
windmills, ventilators, chimneys, or other appurtenances usually required
to be placed above the roof level and not intended for human occupancy.
C. Structures to have access. Every residential building hereafter erected
or moved shall be on a lot adjacent to a public street and all structures
shall be so located on lots as to provide safe and convenient access
for servicing, fire protection, and required off-street parking.
D. Parking and storage of certain vehicles. Automotive vehicles or trailers
of any kind or type without current license plates shall not be parked
or stored on any residentially zoned property other than in completely
enclosed buildings.
E. A setback less than the setback required by this chapter may be permitted
where there are at least five existing main buildings existing at
the date of enactment of this chapter within 500 feet of the proposed
site that are built to less than the required setback. In such case,
the setback shall be the average of the nearest main building on each
side of the proposed site or, if there is no building on one side,
the average of the setback for the main building on one side and the
required setback. Such setback shall be granted by a permit from the
Town Board and shall not require a variance.
F. In commercial or industrial districts, sufficient space for loading
or unloading of vehicles shall be provided off the highway in connection
with any commercial or industrial use so that the highway shall at
all times be free and unobstructed to the passage of traffic.
G. Where a lot has an area less than the minimum number of square feet
per family required for the district in which it is located and was
of record as such at the time of the passage of this chapter, such
lot may be occupied by one family.
H. Vacation of public streets, alleys, and right-of-ways shall cause
the land vacated to be automatically placed in the same district as
the abutting side to which the vacated land reverts.
I. Districts adjacent to agricultural districts are to recognize that
agriculture is a necessary use and should be encouraged and there
are certain environmental conditions that take place as a normal part
of farm operation. Criteria used in reviewing this situation shall
consider which land use has existed for the longest period of time,
and what land use existed at the time the adjacent land use was created.
J. Utility lines which will serve individual lots on new subdivisions
will be left to the discretion of the utility company.
K. No overhead power, telephone or telegraph lines shall be erected
within 1/2 mile of any boundary of the site of any airport, landing
field, or landing and takeoff strip.
L. The landing and takeoff of ultralight airplanes, parachute jumping,
and parasailing behind boats and similar uses are prohibited on or
into lakes of less than 100 acres.
M. Restrictions on recreational vehicles. No person shall park or store
any recreational vehicle within the Town of Milton unless said recreational
vehicle is parked or stored in a licensed recreational vehicle park
except that a recreational vehicle may be parked or stored on a lot
located within any of the other districts, provided all the following
conditions are complied with:
(1) At no time shall such parked or stored recreational vehicles be occupied
or used for living or housekeeping purposes unless the occupants of
said recreational vehicle are guests of Town residents or property
owners on a lot where an adequate water supply and toilet facilities
are available to the guests in the dwelling unit of their hosts.
(a)
Such occupancy shall not exceed 30 days per calendar year.
(b)
No fee shall be imposed for such occupancy.
(2) No parked or stored recreational vehicle may be used as a permanent
storage unit.
(3) No additional outside structures may be attached to or placed adjacent
to a parked or stored recreational vehicle.
[Amended 4-12-2007 by Ord. No. 68; 7-8-2013 by Ord. No. 2013-1; 12-14-2015 by Ord. No. 2015-5]
A. Purpose and intent of Agricultural District One (A-1). The purpose
of the A-1 District is to provide a means of obtaining the agricultural
goals and objectives of the Town's Comprehensive Plan. This district
exclusively provides for agricultural uses and uses compatible with
agriculture. The intent of having this district is to conserve prime
agricultural soils, historically farmed soils and prevent uncontrolled,
uneconomical spread of residential development which results in excessive
costs to the community for the provisions of essential public services
and to be eligible for the State of Wisconsin Farmland Preservation
Program.
B. Permitted uses. The following uses are permitted in this district.
(1) Agricultural uses: any of the following activities conducted for
the purpose of producing an income or livelihood:
(a)
Crop or forage production.
(b)
Keeping livestock other than equine animals, bison, farm-raised
deer, fish, captive game birds, ratites, camelids or mink up to 500
animal units.
(c)
Keeping equine animals, bison, farm-raised deer, ratites and
camelids up to three animals per acre in the aggregate for the total
acreage allocated for such keeping.
(d)
Keeping of fish, captive game birds and mink.
(f)
Nursery, sod, or Christmas tree production.
(k)
Enroll land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
(2) Accessory uses: any of the following accessory uses:
(a)
A building, structure, improvement activity or business operation
that is an integral part of, or is incidental to, a permitted agricultural
use.
(3) Existing residences: residences, regardless of occupancy, existing
as of January 1, 2014.
(4) Undeveloped natural resource and open space areas.
(5) Transportation, utility, communication uses: A transportation, utility,
communication, or other use that is required under state or federal
law to be located in a specific place or that is authorized to be
located in a specific place under a state or federal law that preempts
the requirement of a conditional use permit for that use.
C. Conditional uses. A conditional use in this district is to permit
the following uses only after review and recommendation of the Planning
and Zoning Committee and after public hearing and approval by the
Town Board. The Committee and the Board will review the applicable
facts pertaining to the proposed conditional use according to the
standards established in this chapter.
(1) Farm family business: a business, activity or enterprise, whether
or not associated with an agricultural use, that is conducted by the
owner or operator of a farm, that requires no buildings, structures,
or improvements other than those that are an integral part of, or
incidental to, an agricultural use, that employs no more than four
full-time nonfamily employees annually, and that does not impair or
limit the current or future agricultural use of the farm or of other
protected farmland.
(2) Agriculture-related uses:
(a)
An agricultural equipment dealership, facility providing agricultural
supplies, facility for storing or processing agricultural products,
or facility for processing agricultural wastes.
(b)
Facility integral to an agricultural use, regardless of whether
the facility is located on a farm, that relies on agricultural uses
conducted primarily off-site.
(3) Transportation, communications, pipeline, electric transmission,
utility, or drainage. Those transportation, communications, pipeline,
electric transmission, utility, and drainage uses if the Town Board
determines that all of the following apply:
(a)
The use and its location in the district are consistent with
the purposes of the district.
(b)
The use and its location in the district are reasonable and
appropriate, considering alternative locations, or are specifically
approved under state or federal law.
(c)
The use is reasonably designed to minimize conversion of land,
at and around the site of the use, from agricultural use or open space
use.
(d)
The use does not substantially impair or limit the current or
future agricultural use of surrounding parcels of land that are zoned
for or legally restricted to agricultural use.
(e)
Construction damage to land remaining in agricultural use is
minimized and repaired, to the extent feasible.
(4) Governmental, institutional, religious, or nonprofit community uses:
governmental, institutional, religious, or nonprofit community uses
if the Town Board determines that all of the following apply:
(a)
The use and its location in the district are consistent with
the purposes of the district.
(b)
The use and its location in the district are reasonable and
appropriate, considering alternative locations, or are specifically
approved under state and federal law.
(c)
The use is reasonably designed to minimize the conversion of
land, at and around the site of the use, from agricultural use or
open space use.
(d)
The use does not substantially impair or limit the current or
future agricultural use of surrounding parcels of land that are zoned
for or legally restricted to agricultural use.
(e)
Construction damage to land remaining in agricultural use is
minimized and repaired, to the extent feasible.
(5) Nonmetallic mineral extraction: nonmetallic mineral extraction if
the Town Board determines that all of the following apply:
(a)
The operation complies with Wisconsin Statutes and administrative
rules and county and town ordinances and with any applicable requirements
of the Wisconsin Department of Transportation concerning the restoration
of nonmetallic mining sites.
(b)
The operation and its location in the district are consistent
with the purposes of the district.
(c)
The operation and its location in the district are reasonable
and appropriate, considering alternative locations, or are specifically
approved under state and federal law.
(d)
The operation is reasonably designed to minimize the conversion
of land, at and around the site of the use, from agricultural use
or open space use.
(e)
The use does not substantially impair or limit the current or
future agricultural use of surrounding parcels of land that are zoned
for or legally restricted to agricultural use.
(f)
The conditional use permit issued requires the owner to restore
the land to agricultural use, consistent with any locally approved
reclamation plan, when extraction is completed.
(6) Oil and gas exploration or production: oil and gas exploration that
is licensed by the Wisconsin Department of Natural Resources under
state law.
(7) Keeping of livestock: keeping of livestock as follows:
(a)
Livestock other than equine animals, bison, farm-raised deer,
fish, captive game birds, ratites, camelids or mink livestock consisting
of 500 or more animal units;
(b)
Equine animals, bison, farm-raised deer, ratites and camelids
in excess of three per acre in the aggregate for the total acreage
allocated for such keeping.
(8) Lagoon wastewater application: application of lagoon wastewater or
other liquid by-products of animal waste by the use of center pivot
waste distribution systems.
(9) Additional farm residences.
D. Requirements for permitted and conditional uses. Within the A-1 District,
the following standards shall apply:
(1) Minimum lot size: 35 acres, or a smaller lot size by conditional
use permit.
(2) Maximum building height: 35 feet for residential structures; no maximum
on other structures.
(3) Minimum front yard setback: 50 feet.
(4) Minimum front yard setback (arterial): 75 feet.
(5) Minimum rear yard setback: 50 feet.
(6) Minimum side yard:
(a)
Principal buildings: 20 feet on each side.
(b)
Accessory buildings: 10 feet on each side.
(7) Minimum lot width at building line: 100 feet.
(8) All front yard setbacks are to also refer to §
400-81 ordinance for setbacks on arterial, collector and local roads.
(9) Livestock facilities.
(a)
All new livestock facilities with 500 animal units or more must
as a minimum meet the agricultural performance standards and prohibitions,
prior to populating the site with animals, as identified in Wis. Adm.
Code Ch. NR 151. The Rock County Land Conservation Department will
verify that all performance standards are met and will report findings
of fact to the board.
(b)
All expanding livestock facilities for which the expansion results
in more than 500 animal units and for which the expansion is greater
than 20% of the existing facility size must as a minimum meet the
agricultural performance standards and prohibitions, prior to populating
the site with animals, as identified in Wis. Adm. Code Ch. NR 151.
This requirement is only applicable to the proposed expansion component.
The Rock County Land Conservation Department will verify that all
performance standards are met and will report findings of fact to
the board.
(10)
Agricultural use shall be calculated using contiguous parcels.
Parcels that are only separated by a lake, stream, or transportation
or utility right-of-way are contiguous for the purpose of this chapter.
(11)
General setbacks applicable to livestock structures.
(a)
Property lines. Except as provided for waste storage structures,
livestock structures must be located a minimum of 100 feet from the
property line if the livestock facility will have fewer than 1,000
animal units, and 200 feet from the property line if the livestock
facility will have 1,000 or more animal units. The setback requirement
does not prevent the use or expansion of a livestock structure that
was located within the setback area prior to the effective date of
this setback requirement, except that a structure may not be expanded
closer to the property line.
(b)
Public road right-of-way. Except as provided for waste storage
structures, livestock structures must be located a minimum of 100
feet from a public road right-of-way if the livestock facility will
have fewer than 1,000 animal units, and 150 feet from a public road
right-of-way if the livestock facility will have 1,000 or more animal
units. This setback requirement does not prevent the use or expansion
of a livestock structure that was located within the setback area
prior to the effective date of this setback requirement, except that
a structure may not be expanded closer to the public road right-of-way.
(c)
Waste storage structure.
[1]
A new waste storage structure may not be located within 350
feet of a property line, or within 350 feet of the nearest point of
any public road right-of-way.
[2]
A single new waste storage structure may be constructed closer
to the property line or public road if a new structure is:
[a] Located on the same tax parcel as a waste storage
structure in existence before May 1, 2006;
[b] No larger than the existing structure;
[c] No further than 50 feet from the existing structure;
and
[d] No closer to the road or property line than the
existing structure.
[3]
This setback requirement does not apply to existing waste storage
structures, except that an existing structure within 350 feet of a
property line may not expand toward that property line or road.
(12)
Water quality and related setback requirements.
(a)
Navigable waters and wetlands. A livestock facility shall comply
with setback and related requirements in any applicable Rock County
shore land or wetland zoning ordinances or chapter enacted within
the scope of authority granted under §§ 59.692, 61.351
or 62.231 of the Wisconsin Statutes.
(b)
Floodplains. A livestock facility shall comply with setback
and related requirements in any applicable floodplain zoning ordinance
or chapter that is enacted within the scope of statutory authority
under § 87.30 of the Wisconsin Statutes.
(c)
Wells. All wells located within a livestock facility shall comply
with Chapters NR 811 and 812 of the Wisconsin Administrative Code.
New or substantially altered livestock structures shall be separated
from existing wells by the distances required in said Chapters NR
811 and 812, regardless of whether the livestock facility operator
owns the land in which the wells are located. A livestock structure
in existence on May 1, 2006, may be altered as long as the alteration
does not reduce the distance between the livestock structure and an
existing well.
E. Rezoning land in the Farmland Preservation Zoning District.
(1) The Town of Milton may rezone land out of the farmland preservation zoning district if it meets the following, in writing, in addition to following the requirements of §
400-96:
(a)
The rezoned land is better suited for a use not allowed in the
farmland preservation zoning district.
(b)
The rezoning is consistent with any applicable comprehensive
plan.
(c)
The rezoning is substantially consistent with the County certified
farmland preservation plan.
(d)
The rezoning will not substantially impair or limit current
or future agricultural use of other protected farmland.
(2) The Town shall by March 1 of each year provide to DATCP and the County
a report of the number of acres that the political subdivision has
rezoned out of an Agricultural Zoning District during the previous
calendar year and a map that clearly shows the location of those acres.