A.
Accessory uses. Accessory uses and structures are permitted in any
zoning district but not until the principal structure is present or
under construction on the lot or parcel. Residential accessory uses
shall not involve the conduct of any business, trade, or industry.
Accessory uses include incidental repairs; storage; parking facilities;
gardening; servants, owners, itinerant agricultural laborers, and
watchmen's temporary quarters, not for rent; decks; private swimming
pools; and private emergency shelters.
B.
Location. No part of an accessory building shall be located within
the front yard or required side yard setback or rear yard setback,
except:[1]
(1)
Required minimum distance from alley right-of-way. When an alley
exists, no part of an accessory building shall be located closer than
five feet to the right-of-way line of said alley.
(2)
Area of accessory building. This shall not prohibit the erection
of an accessory building located no closer than five feet to the side
and rear lot lines.
C.
Time of construction. No accessory building or structure shall be
constructed on any lot prior to the start of construction of the principal
building to which it is accessory.
D.
Height of accessory buildings or structures in required rear yards.
No accessory building or structure, or portion thereof, located in
a required rear yard shall exceed the maximum permitted height of
the zoning district in which the accessory building or structure is
located.
E.
No slab required for accessory buildings of 200 square feet or less
in area. Accessory buildings of 200 square feet or less in area (excluding
trash and garbage waste receptacles, or dumpsters, in the R-9, R-10,
PUD, and all nonresidential zoning districts) shall not require a
concrete slab foundation. If a concrete slab foundation is not provided
for such accessory building, the flooring shall be constructed of
decay resistant wood, and the building shall be securely anchored
to the ground.
F.
Maximum number of accessory structures per lot. There shall be no limitation on the maximum number of accessory buildings in the EA, AT, GA, and HFA Districts. The maximum number of accessory structures per zoning lot in the R-1, R-2, R-3, and R-4 Districts (conventional subdivisions only) shall be four accessory structures per zoning lot. The maximum number of accessory structures per zoning lot in the R-1 (open space subdivision and open space condominium options only), R-2 (open space subdivision and open space condominium options only), R-3 (open space subdivision and open space condominium options only), and R-4 (open space subdivision and open space condominium options only) Districts shall be three accessory structures per zoning lot. The maximum number of accessory structures per zoning lot in the R-5, R-6, R-7, R-8, and R-9 Districts shall be two accessory structures per zoning lot. The maximum number of accessory structures per zoning lot in the R-10, NHB, CB, FB, BP, QE, I, PR, LM and PUD Districts shall be determined by the Plan Commission at the time of site plan review. (Also see § 500-20, regarding the maximum number of principal buildings on a zoning lot.)
[Added 11-1-1995 by Ord.
No. 95-2; amended 3-3-2004 by Ord. No. 04-001; 4-19-2011 by Ord. No. 11-001[2]]
The following are detailed standards for certain accessory uses
which are permitted accessory uses in residential districts:
A.
Automobile or motor vehicle repair in residential districts. The
repair of a resident-owned automobile or a resident-owned motor vehicle
in any residential or agricultural zoning district (automobile or
motor vehicle repair is not permitted in the R-9 and R-10 Districts
or multiple-family uses and nonresidential uses in a PUD District),
is subject to the following restrictions:[1]
(1)
Minor repairs and maintenance. Only minor repairs and maintenance
may be performed which, for purposes of this subsection, are defined
as the changing and replenishment of fluid levels, such as hydraulic
fluid, windshield washer fluid, and lubricating oil; the replacement
of spark plugs, or ignition points; the rotation of tires and the
checking of adequate pressure; and the replacement of drive belts
and hydraulic lines. Repairs and maintenance shall be limited to only
those automobiles or motor vehicles owned by the resident or owner
of the property upon which the repair or maintenance is conducted.
(2)
Other repairs. Any other repairs on the motor vehicle or automobile
shall be restricted to totally enclosed spaces which are properly
ventilated and only accomplished on privately registered vehicles
having current State of Wisconsin license plates, or motor vehicles
designated by the State of Wisconsin as qualifying for an antique
or horseless carriage designation.
[1]
Editor's Note: Original § 3.0802A, Antennas, satellite,
which immediately preceded this subsection, was repealed 6-24-2009
by Ord. No. 09-03.
B.
Barns, silos, and storage buildings (not including private stables
or garages).
[Amended 11-1-1995 by Ord. No. 95-2; 6-8-1999 by Ord. No. 99-05]
(1)
Maximum number of barns or storage buildings. In the R-1, R-2, R-3, and PUD Districts there shall be no more than one such barn or storage building allowed per lot [also see Subsection B(4) below].
(2)
Maximum height of barns or storage buildings in the R-1, R-2, and R-3 Districts. The provisions of Article V for accessory structures notwithstanding, the maximum height of barns or storage buildings (not including garages) in the R-1, R-2, and R-3 Districts shall be no more than 30 feet.
(3)
Maximum height of silos in the R-1 District. The provisions of Article V for accessory structures notwithstanding, the maximum height of silos in the R-1 District shall be no more than 70 feet.
(4)
Barns, silos, and storage buildings and open space subdivision or
open space condominium options. Barns, silos, and storage buildings
(as described herein) shall not be allowed under any open space subdivision
or open space condominium options on any residential lot. However,
a single barn, silo, or storage building may be constructed per open
space subdivision or open space condominium development within a common
open space area used in conjunction with the farming or recreational
use of the open space area of the open space subdivision or open space
condominium development.
[Amended 3-3-2004 by Ord.
No. 04-001]
C.
Commercial vehicle parking. The parking of commercial vehicles in
any residential district is prohibited. This requirement shall not
be interpreted to prohibit vehicles from loading and unloading in
any residential district.
D.
Decks. Decks shall be located a minimum of 10 feet from side and
rear lot lines and 75 feet from all navigable waters, floodplains,
and wetlands.
E.
Fences.
(1)
General. The following are required of all fences installed in the
Town of Barton:
[Amended 10-20-2015 by Ord. No. 15-2003; 12-5-2022 by Ord. No. 22-008]
(a)
General. The following are required of all fences installed
in the Town of Barton:
[1]
Permit required; exceptions.
[a]
No fence exceeding 36 inches in height, or which
is located within the minimum front setback of a lot, shall be erected,
planted, or placed on any premises without first obtaining a permit
from the Building Inspector. A sketch, design, or other descriptive
material of the proposed fence must accompany the application for
the permit and must show compliance with this chapter before a permit
may be issued.
[b]
A permit is not required for the construction and
maintenance of fences erected as safety barriers around areas where
building construction or other hazardous activities are being conducted
or for the limited purpose of excavating and filling as may be necessary
for such construction or maintenance.
[c]
A permit is not required for other temporary fences
used for pedestrian, crowd or animal containment or control, but they
must adhere to the established standards set forth in this chapter.
Temporary fences may not be in place more than 14 days unless permission
is granted by the Town for an extension.
[d]
No fence shall be erected, planted, permitted,
or maintained within the dedicated street right-of-way.
[e]
No permit is required for underground pet containment
systems (unlimited in area).
[f]
Aboveground pet containment systems (kennels) that
do not exceed six feet in height and less than 400 square feet and
must be 75 feet from the road right-of-way and 25 feet minimum setback
from side and rear lot lines.
(b)
Materials and construction.
[1]
Walls and fences shall be constructed of high-quality materials
and of good appearance, such as decorative blocks, brick, stone, treated
wood, redwood, cedar, vinyl, wrought iron or similar materials.
[2]
Fences shall be constructed so that the structural supporting
elements are located on the inside (facing away from the street or
adjoining properties) unless the fence is designed to show part of
the support element, whereas only half of the support element may
show per side.
[3]
Galvanized steel chain-link fencing, vinyl-coated chain-link
or any welded wire fencing may be used. This type of fencing shall
not be used in the front yard or past the front setback of the home
and must be offset a minimum of 25 feet from side and rear lot line.
[4]
No person in residential zones shall weave or use slats of any
material, including but not limited to metal, fiberglass, or bamboo,
through a chain-link fence to create a blind fence, screening fence
or any other type of fence.
[5]
Agricultural mesh fencing and poles may be used for the protection
of gardens, trees, shrubs, and other plants that may be endangered
by animals.
[6]
Architectural designed fences must be approved by the Building
Inspector.
[7]
No person shall use rope, string, wire products, including but
not limited to chicken wire, hog wire, wire fabric, barbed wire (except
as allowed in other sections of this Code), razor ribbon wire, field
wire, barbless wire, agricultural mesh, and similar welded or woven
wire fabrics, chain, netting, cut or broken glass, paper, metal panels,
plywood, fiberglass panels or plastic panels in any fence or any other
materials that are not manufactured specifically as fencing materials.
The Building Inspector may require the applicant to provide the manufacturer's
standards to establish the intended use of a proposed fencing material.
[8]
No person shall construct a fence of wood, metal or plastic
products that are designed specifically for uses other than fence
construction.
[9]
No person shall construct a fence of used, damaged or unsafe
materials.
[10]
Used materials, equipment and devices shall not
be reused unless it can be determined by the Building Inspector that
they meet the requirements of the Building Code for new materials.
[11]
No person shall place, erect, install, build,
construct, add as a repair item, use and/or maintain any fence or
barrier consisting of, or made of, what is commonly known as railroad
ties, blocking lumber, pallets, or similar materials.
[12]
No fence shall be erected, permitted, or maintained
which has sharp or pointed pickets, nails, spikes, or other sharp
objects or is otherwise dangerous to life or limb.
[13]
No fence shall be erected, permitted, or maintained with excluded materials or which shall not comply with any other applicable ordinance of the Town, or for which a permit has not been obtained as required under § 500-75E(1)(a).
(c)
All fences shall be maintained in good repair and in structurally
sound condition. All fences shall be constructed and maintained in
a good aesthetic condition and in such a manner and of such materials
and colors so as not to adversely affect the value of adjoining property
or property in the immediate neighborhood. No fence may be constructed
or maintained which is detrimental to human life or safety or causes
a traffic hazard. All fences shall be constructed and maintained straight,
plumb, and of an even height along their length, except for such deviations
as required by grade.
[1]
Every fence shall be maintained free of structural impairment
and major surface defects or shall be removed at the fence owner's
expense. Repairs required to correct any such deficiency shall be
performed within 30 days from the date of damage.
[2]
Every fence shall be maintained free of minor structural impairment
and minor surface defects or shall be removed at the fence owner's
expense. Repairs required to correct any such deficiency shall be
performed within 15 days from the date of damage.
(d)
No materials shall be stored between a fence located adjacent
to a lot line and the lot line.
(e)
Snow fencing will only be permitted between November 15 and
April 15 of each year. No building permits for the installation of
said snow fencing shall be required.
(2)
Fencing in residential zoning districts.
(a)
Fences having a height of six feet or less may be used to locate
property lines within the required side and rear yard areas in the
residential districts.
(b)
Fences may not be located within the front yard, except decorative
fencing may be installed within the front yard areas in the residential
districts.
(c)
In the R-9, R-10, and PUD Districts, where aesthetic appearance
may require a fence or wall to shield parking lots or other unattractive
areas or to generally improve the aesthetics of the development, a
wall or fence may be erected in the front yard of the development
by approval of the Plan Commission, and which approval may include
design or other architectural requirements.
(d)
No barbed wire, chicken wire, or electrically charged fences
shall be allowed in residential zoning districts unless otherwise
stated in this chapter.
[Amended 12-5-2022 by Ord. No. 22-008]
(e)
Solid fences shall be placed a minimum of three feet from any
property line; all others may be placed on the property line.
F.
Accessory buildings. Accessory buildings not elsewhere defined in
this section shall meet the following minimum requirements:
[Amended 11-1-1995 by Ord. No. 95-2]
(1)
Maximum accessory building area. Except as otherwise specified and
regulated under this section for private stables and barns, silos,
and storage buildings for those zoning districts specified, on parcels
of land or lots having an area of 40,000 square feet or more, maximum
size of wood-frame constructed accessory buildings shall be 900 square
feet.
G.
Home occupations and home offices. The following specific standards
shall be used for home occupations and home offices located as accessory
uses in all residential districts and in the EA, AT, GA and HFA Districts:[2]
(1)
Home occupation employees. No person shall be employed other than
members of the immediate family residing on the premises.
(2)
Maximum floor area permitted to be used for home occupation. The
use of the dwelling unit for the home occupation or home office shall
be clearly incidental and secondary to its use for residential purposes.
No more than 25% of the floor area of the dwelling unit shall be used
in the conduct of the home occupation or home office, and no outside
display, storage, or use of land is permitted.
(3)
No change in the outside appearance of the building, accessory structure,
or premises permitted. There shall be no change in the outside residential
appearance of the building, accessory structure, or premises as a
result of such home occupation or office, with the exception of home
occupation signs mounted against the building and not exceeding four
square feet in area. Freestanding home occupation signs are allowed
but must be 10 feet off the road right-of-way, must not exceed five
feet in height from surrounding grade and must not exceed four square
feet in area. No home occupation signs are allowed to be illuminated
by any means.
(4)
Conduct of home occupation in accessory building or structure prohibited.
No home occupation or home office shall be conducted in any accessory
building or structure or outdoors.
(5)
Use of mechanical and electrical equipment. No mechanical equipment
shall be used on the premises, except such that is normally used for
purely domestic or household purposes. In the case of electrical interference,
no equipment or process shall be used which creates visual or audible
interference in any radio or television sets off the premises, or
causes fluctuations in line voltage in excess of that normally associated
with household use. Computer equipment which meets the aforementioned
criteria and which can be purchased for use in the home shall be considered
as normally associated with household use.
(6)
Sale and display of commodities and goods. No commodity or good not
produced on the premises shall be sold on the premises nor displayed
on the exterior or interior of the premises, or warehoused on the
premises for sale elsewhere. This does not preclude taking orders
for sales or provision of services off site.
(7)
Traffic. No vehicular or pedestrian traffic shall be generated by
such home occupation or home office in greater volume than would normally
be expected from the principal use. In the case of measuring vehicular
traffic, criteria established in the most current edition of the Institute
of Transportation Engineers publication titled "Trip Generation" shall
be used.
(8)
Home occupation uses: permitted and not permitted. A home occupation
may include but not be limited to the following: domestic crafts such
as seamstress, sewing, tailoring, weaving, washing and ironing, private
tutoring and instruction (limited to three pupils at any one time),
and home offices shall include professional services. Millinery shops,
tearooms, restaurants, tourist homes, bed-and-breakfast establishments,
auto repair and tune-up, general offices which would require more
off-street parking than which is required for the type of residential
use which is permitted in the residential district, clinics, physician's,
dentist's and offices of the like, welding shops, animal hospitals,
veterinary clinics, catering or other food preparation businesses,
funeral parlors and undertaking establishments, antique shops, rooming
houses, dancing schools, and commercial kennels, among others, shall
not be deemed to be home occupations.
(9)
Levels of noise, emissions, radiation, vibration, heat, glare, smoke,
dust, fumes, odors, or electrical interference. There shall be no
levels of noise, emissions, radiation, vibration, heat, glare, smoke,
dust, fumes, odors, or electrical interference created which is detectable
to the normal senses outside the dwelling unit in excess of that normally
associated with household use.
(10)
Refuse. No refuse in excess of the amount allowable for regular
residential pickup shall be generated by any home occupation.
(11)
Nuisance-causing activities. No home occupation shall cause
or create any nuisance or cause or create any substantial or undue
adverse impact on any adjacent property or the character of the area;
or threaten the public health, safety or general welfare; or be noxious,
offensive, or hazardous.
(12)
Materials which decompose by detonation prohibited. No materials
which decompose by detonation shall be allowed in conjunction with
a home occupation.
(13)
Public utility use exceeding typical residential dwelling unit
demand not permitted. No home occupation shall be permitted which
generates sewerage or water use in excess of what is typical for a
residential dwelling unit.
H.
Recreational vehicle parking. Any owner of domestic or recreational
vehicles or private pleasure crafts may park or store such vehicles
on his own private residential property subject to the following conditions:
(1)
Prohibition of vehicle as dwelling unit. No vehicle shall be lived
in, have housekeeping maintained, or have hookup to utilities while
parked or stored on a residential lot.
(2)
Vehicle registration and licensing. A vehicle which requires State
of Wisconsin licensing shall have a current vehicle registration plate
affixed to the vehicle at all times.
(3)
Parking in public right-of-way prohibited. No recreational vehicles
or private pleasure crafts shall be parked or stored in the public
rights-of-way.
I.
Residential rental complex offices. One rental office shall be allowed
within a residential rental complex. The office may be the rental
manager's dwelling. Rental complex offices shall be subject to the
following restrictions:
(1)
Hours of operation. All rental complex offices shall open no earlier
than 7:00 a.m. and shall close prior to 9:00 p.m. during the spring,
summer, and fall seasons and shall close prior to 8:00 p.m. during
the winter season. No rental complex office shall be open on Sunday
before 12:00 noon.
(2)
Lighting. All exterior lighting must meet the requirements set forth in Article XIX of this chapter for the zoning district in which the rental office is located. All off-street parking areas must be illuminated. All exterior lighting associated with the rental office shall be extinguished at the closing time of the rental complex office.
(3)
Off-street parking. All rental complex offices shall provide off-street paved parking for the public. An area contiguous to the structure within which the rental complex office is located shall be utilized for the off-street, paved parking lot for public use. The number of required off-street parking spaces shall be six per rental complex office. Such parking spaces shall be in addition to those otherwise required by Article XVII of this chapter.
(4)
Trash receptacles. Trash receptacles shall be provided around the
rental complex office for use by the public.
J.
Swimming pools (private). The following requirements shall be met
for swimming pools located in residential districts:
(1)
Fencing, in-ground swimming pools. Private in-ground swimming pools
shall be enclosed with a fence not less than four feet in height.
Such fencing shall be equipped with self-closing and self-latching
gate(s) and shall be designed so as to make the swimming pool inaccessible
to children.
(2)
Fencing, aboveground swimming pools with an associated deck. Private
aboveground swimming pools with an associated deck shall be equipped
with self-closing and self-latching gate(s) at locations of access
to the pool and shall be designed so as to make the swimming pool
inaccessible to children.
(3)
Required placement. A private pool shall not occupy required front
yards, except for corner lots, pools and their surrounding decking
shall be permitted within one front yard, which functions as a side
yard, provided the pool or decking is located no more than 10 feet
into the required front yard, as measured from the rear line of the
front yard. However, in districts requiring side yards greater than
10 feet, this permitted intrusion shall be increased up to a distance
equal to said required side yard. For double frontage lots, pools
and their surrounding decking shall be permitted within the front
yard which functions as a rear yard, provided that the pool is screened
from the rear street by a fence, wall, or hedge.
K.
Trash dumpsters and garbage receptacles (trash and garbage storage).
The following requirements shall be met for trash dumpsters and garbage
receptacles located in residential districts:
(1)
Centralized location(s) of trash dumpsters and garbage receptacles
required. All new multiple-family residential buildings and uses,
except for single-family and two-family dwellings, shall provide facilities
for the central and accessible storage of solid waste within the parcel
or lot. The location of said facilities shall be approved by the Plan
Commission. Multiple locations may be required by the Plan Commission.
(2)
Trash dumpster and garbage receptacle enclosures required. All garbage
cans, trash dumpsters, trash containers, and other storage devices
situated on any property shall be closed containers with lids and
shall be concealed or suitably screened from public view. Sight-proof
fencing (wood or masonry) and landscaping shall be used to totally
obstruct vision into the storage areas. Where such facilities are
provided outside of a building, they shall be screened from public
rights-of-way and adjacent property by an enclosure constructed of
materials compatible with the materials on the front building wall
of the main building. Exception: single-family and two-family dwellings.
[Amended 10-3-2022 by Ord. No. 22-003]
(3)
Trash dumpster and garbage receptacle maintenance required. Fencing
and landscaping for storage areas shall be maintained in good condition
and kept litter-free. All garbage cans, trash containers, and other
garbage storage devices shall be emptied and the contents thereof
properly disposed of not less than once every seven days. Exception:
single-family and two-family dwellings.
[Amended 10-3-2022 by Ord. No. 22-003]
(4)
Unenclosed storage of trash or waste prohibited. No portion of the
lot shall be used for open or unenclosed storage of trash or waste
of any kind.
(5)
Trash dumpster and garbage receptacle location in off-street parking
space or drive prohibited. No trash dumpster or other trash or waste
receptacle shall be permitted in any off-street parking space or drive.
Exception: single-family and two-family dwellings.
[Amended 10-3-2022 by Ord. No. 22-003]
(6)
Concrete slab required. All trash dumpsters and garbage receptacles
shall be placed upon a concrete slab which has a thickness of not
less than five inches. Exception: single-family and two-family dwellings.
[Amended 10-3-2022 by Ord. No. 22-003]
(7)
Adequate size to accommodate recycling materials. All trash dumpster
and garbage receptacle areas shall be of an adequate size to accommodate
the storage of materials to be recycled. Exception: single-family
and two-family dwellings.
[Amended 10-3-2022 by Ord. No. 22-003]
(8)
Building permit required for the construction of garbage, trash,
waste, and dumpster enclosures. A building permit shall be required
for the construction of any garbage, trash, waste, or dumpster enclosure.
Exception: single-family and two-family dwellings.
[Amended 10-3-2022 by Ord. No. 22-003]
A.
Agricultural equipment, storage of. The storage of agricultural equipment
such as but not limited to tractors, trailers, fertilizer spreaders,
wagons, planters, and the like, as a use accessory to a permitted
use in the EA, AT, GA, and HFA Districts, shall be subject to the
following requirements:
[Amended 4-19-2011 by Ord. No. 11-001]
(1)
Use of equipment. The equipment shall be used in association with
the permitted use.
(2)
Storage of junk. The storage of junk is prohibited.
(3)
Motor vehicle sales prohibited. This provision shall not be used
to permit the establishment of motor vehicle sales as a use within
the EA, AT, GA, and HFA Districts.
(4)
Inoperable machinery prohibited. The accumulation of inoperable machinery
is prohibited.
B.
Barns, silos, and storage buildings (not including private stables
or garages).
[Amended 4-19-2011 by Ord. No. 11-001]
C.
Canopies as accessory uses. The canopies provided over the pump islands
at gas stations, convenience stores with gas pumps, automobile and
motor vehicle service stations, drive-in and drive-through facilities
associated with financial institutions, restaurants, cleaners, and
similar uses shall meet the yard requirements of a principal structure.
In addition:
(1)
Obstruction of visibility at rights-of-way prohibited. The canopy
shall not block visibility at intersections of rights-of-way or drives.
(2)
Zoning district front yard requirements shall be met. All pump islands,
their surrounding structures, and the canopy overhang shall meet the
zoning district's front yard requirement.
(3)
Canopies to be counted towards maximum permitted GFAR and NFAR. All
canopies shall be counted towards the maximum permitted gross floor
area ratio (GFAR) and maximum net floor area ratio (NFAR) of the nonresidential
zoning district in which the canopy is to be constructed.
(4)
Maximum height. Under no circumstances shall the canopy be higher
than 25 feet.
(5)
Signs not permitted. No signs shall be permitted on canopy roofs
or fascia.
D.
Fences.
(1)
General. The following are required of all fences installed in the
Town of Barton:
(a)
All fences shall be maintained in good repair and in structurally
sound condition. All fences shall be constructed and maintained in
a good aesthetic condition and in such a manner and of such materials
and colors so as not to adversely affect the value of adjoining property
or property in the immediate neighborhood. No fence may be constructed
or maintained which is detrimental to human life or safety or causes
a traffic hazard. All fences shall be constructed and maintained straight,
plumb and of an even height along their length, except for such deviations
as required by grade.
(b)
No advertising or signs shall be permitted on any fence in any
zoning district.
(c)
No materials shall be stored between a fence located adjacent
to a lot line and the lot line.
(d)
Fencing shall be constructed with the finished or decorative
side facing the adjacent or abutting property or street.
(e)
Snow fencing will only be permitted between November 15 and
April 15 of each year.
(f)
Solid fences shall be placed a minimum of three feet from any
property line, all others may be placed on the property line.
(2)
Fencing in nonresidential zoning districts (excluding the EA, AT,
GA, HFA, I, and PR Districts).
[Amended 4-19-2011 by Ord. No. 11-001]
(a)
Fences may be located in all yards in nonresidential zoning
districts. Fences located in the front yard shall be approved by the
Plan Commission.
(b)
Fences installed in nonresidential zoning districts shall not
exceed six feet in height, except, when required to enclose outside
storage areas or when approved by the Plan Commission, may be up to
10 feet in height.
(c)
Fencing constructed to enclose outside storage areas shall be
at least eight feet in height and in no case lower in height than
the enclosed storage area when approved by the Plan Commission.
(d)
Barbed wire may be allowed on the top of fences six feet or
more in height.
(e)
All fencing constructed to enclose outside storage areas in
nonresidential zoning districts shall be approved by the Plan Commission.
(3)
Fencing in the EA, AT, GA, and HFA Districts.
[Amended 4-19-2011 by Ord. No. 11-001]
(a)
Fencing shall be permitted in all yards in the EA, AT, GA and
HFA Districts and in all yards on legal nonconforming agricultural
uses for replacement of existing fencing. Fencing shall be permitted
in front yards only for the enclosure of cultivated fields, pastures
and animal pens.
(b)
Fencing may be constructed in the EA, AT, GA and HFA Districts
for cultivated fields and pastures before a principal structure is
present.
E.
Mechanical penthouses and mechanical accessory structures. Where mechanical penthouses and mechanical accessory structures are installed, they shall be designed to blend into the building's architecture and shall not cause the building's total height to exceed the maximum height allowed as required under the zoning district dimensional requirements set forth in Articles V and VI of this chapter. A penthouse shall not be counted as a story, provided that:
(1)
The penthouse is less than 10 feet in height.
(2)
The penthouse floor area covers less than 25% of the roof area.
(3)
In the event that a mechanical accessory structure is supplied, it
shall be fully screened from view by a combination of berms and evergreens.
This screening shall be approved by the Plan Commission.
F.
Open storage, screening of. Open storage areas shall be screened
from view of any street and from the view from all residential zoning
districts as follows:
(1)
Abutting a collector or arterial street. When an open storage area
abuts a collector or arterial street, the method of screening shall
consist of solid masonry walls or solid wooden fences at least six
feet in height, with access only through solid gates which shall be
closed except when said storage area is in use. An existing permanent
structure may be used to screen such storage areas.
(2)
Abutting a residential zoning district. When an open storage area
abuts a residential zoning district, the method of screening shall
consist of solid wooden fences or masonry walls at least six feet
in height along the boundary of the storage areas and the entire residential
district.
G.
Roadside stands for the sale of agricultural products. The following
specific standards shall be used:
(1)
Off-street parking and loading. The use shall provide for all required
off-street parking and loading on private property.
(2)
Vehicular access to public street. The use shall be located along
and have direct vehicular access to a public street.
(3)
Sales or display on public lands prohibited. No sales or display
activity shall be located on public land.
(4)
Access. Access to and from the site shall be in accord with the requirements
of the applicable highway or arterial street access authority, including
the Wisconsin Department of Transportation, Washington County, and/or
the Town of Barton.
(5)
Items sold. The items sold shall be produced on the property from
which they are sold.
H.
Stables, private. The following specific standards shall be used
in the EA, AT, GA, and HFA Districts:
[Amended 4-19-2011 by Ord. No. 11-001]
(1)
Minimum lot area. The minimum lot area shall be three acres for the
first two equine. This minimum lot area shall be increased by 60,000
square feet for each equine in addition to two. The maximum number
of equine shall not exceed six.
(2)
Required setbacks. The following minimum setbacks shall also be provided:
(a)
On parcels of land five acres in area or less, all feed and
bedding shall be stored indoors.
(b)
On parcels of land larger than five acres, piles of feed or
bedding shall be located 75 feet from any public street right-of-way
or lot line of an adjacent nonresidential district and 100 feet from
any lot line of an adjacent residential district lot line, in order
to minimize odor and nuisance problems.
(3)
Pasture location. Pasture area may extend to the lot line.
(4)
Manure maintenance. Manure piles shall be stored, removed, and/or
applied in accordance with applicable Town requirements.
(5)
Stable location. All points on the perimeter of any stable building
and/or corral shall be at least 50 feet from the nearest boundary
line or right-of-way line of the parcel on which it is located.
I.
Trash dumpsters and garbage receptacles (trash and garbage storage).
The following requirements shall be met for trash dumpsters and garbage
receptacles located in nonresidential districts:
(1)
Trash dumpster and garbage receptacle enclosures required. All garbage
cans, trash dumpsters, trash containers, and other storage devices
situated on any property shall be closed containers with lids and
shall be concealed or suitably screened from public view. Sight-proof
fencing (wood or masonry) and landscaping shall be used to totally
obstruct vision into the storage areas. Where such facilities are
provided outside of a building, they shall be screened from public
rights-of-way and adjacent property by an enclosure constructed of
materials compatible with the materials on the front building wall
of the main building.
(2)
Trash dumpster and garbage receptacle maintenance required. Fencing
and landscaping for storage areas shall be maintained in good condition
and kept litter-free. All garbage cans, trash containers, and other
garbage storage devices shall be emptied and the contents thereof
properly disposed of not less than once every seven days.
(3)
Unenclosed storage of trash or waste prohibited. No portion of the
lot shall be used for open or unenclosed storage of trash or waste
of any kind.
(4)
Trash dumpster and garbage receptacle location in off-street parking
space or drive prohibited. No trash dumpster or other trash or waste
receptacle shall be permitted in any off-street parking space or drive.
(5)
Concrete slab required. All trash dumpsters and garbage receptacles
shall be placed upon a concrete slab which has a thickness of not
less than five inches.
(6)
Adequate size to accommodate recycling materials. All trash dumpster
and garbage receptacle areas shall be of an adequate size to accommodate
the storage of materials to be recycled.
(7)
Building permit required for the construction of garbage, trash,
waste, and dumpster enclosures. A building permit shall be required
for the construction of any garbage, trash, waste, or dumpster enclosure.
A.
Christmas tree sales lot. The following specific standards shall
be used:
(1)
Location. Trees shall not be located in any right-of-way.
(2)
Parking. All parking shall be on site.
(3)
Visibility. The location of trees on the property shall not block
visibility for vehicles or pedestrians on or off the lot in a way
that would create a safety hazard.
(4)
Hours of operation. The Christmas tree sales shall be limited between
the hours of 7:00 a.m. and 9:00 p.m.
(5)
Trash and debris. All trash and debris shall be removed when sales
end.
(6)
Written consent may be required. Written consent from the owner,
or authorized agent, of the property shall be provided if required
by the Zoning Administrator.
(7)
Signage. All signage shall be in accordance with the sign regulations
set forth in this chapter.
(8)
Removal of trees after December 31. Trees remaining on hand after
December 25 shall be removed from the premises no later than December
31 of that same year.
B.
Construction trailers as temporary offices.
(1)
Removal of trailer required upon completion of work. A licensed contractor
engaged upon a construction project for which a building permit has
been issued by the Building Inspector may temporarily use a construction
trailer for office facilities in the location where the work is being
done, provided such construction trailer shall not be placed upon
the streets but upon the property on which the building permit authorizes
the construction. The construction trailer shall be removed within
30 days after completion of the work for which the building permit
has been issued.
(2)
Use of mobile homes, or modular homes, as temporary offices during
remodeling. A zoning permit may be issued by the Plan Commission for
a one-year period for the use of mobile homes, or modular homes, as
temporary offices while business properties are being remodeled, provided
that they are placed upon the property for which there is a building
permit issued by the Building Inspector for the remodeling. The permit
shall be for a period of one year or until the remodeling is completed,
whichever is the shorter period. The zoning permit may not be renewed
after the expiration of the one-year period.
C.
Garage and yard sales. Garage, yard, tag, patio, and apartment sales
are specifically permitted as a temporary use in all residential zoning
districts without a zoning permit granted by the Zoning Board of Appeals.
Such sales shall be limited to one such sale during each six-month
period, for a duration not to exceed three consecutive days.
D.
Model homes, model dwelling units, and preconstruction sales offices.
Model homes, model dwelling units, and preconstruction sales offices
are residential-type structures used as sales offices by a builder/developer
and to display the builder/developer's product. The same may be furnished
within, since its purpose is to display to perspective buyers the
builder/developer's features (such as exterior siding treatments,
roofing materials, interior trim, moldings, floor coverings, etc.)
in the environment of a completed home, and may be staffed by the
builder/developer's sales force. Model homes shall be subject to the
following restrictions:
(1)
District dimensional requirements to be met. The model dwelling unit
shall meet all district requirements for lot and yard dimensions.
(2)
Sign illumination. Signs shall not be illuminated after 9:00 p.m.
(3)
Business activity not permitted before 9:00 a.m. nor after 9:00 p.m.
The model dwelling unit shall not be used for any business activity
before 9:00 a.m. nor later than 9:00 p.m.
(4)
Lighting. All exterior lighting must be downlighting, so that absolutely
no light shall be cast onto adjoining residential properties. All
off-street parking areas must be illuminated. All exterior lighting
shall be extinguished at the closing time of the model home.
(5)
Screening and trash receptacles. Landscape drawings shall be required
and show adequate landscaping and screening from adjoining residential
lots, together with the clear marking of the boundaries of the model
home lot. Trash receptacles shall be provided around the model home
for use by the public.
(6)
Construction and issuance of certificate of occupancy. The construction
of all model homes shall be approved by the Town Board. Certificates
of occupancy shall not be issued until after the abutting street has
been dedicated to the Town of Barton and provided with a hard surface.
(7)
Termination of use. The use of model homes within a residential subdivision,
or within any single phase of a multiphase subdivision, shall terminate
when building permits have been issued for 90% of the lots therein.
(8)
Model dwelling unit constructed in nonresidential zoning districts.
Model dwelling units may be erected or displayed in districts which
exclude residential uses, provided that such models shall not be used
for residential purposes, but only for display as a means to sell
homes in districts in which they are permitted and provided that all
other requirements of the district in which the model dwelling unit
is erected shall be met.
(9)
Temporary sales structure in multiple-family developments. In those
zoning districts where multifamily dwelling uses are permitted, a
temporary structure may be used as a preconstruction sales office
for the purpose of displaying a typical dwelling unit arrangement,
subject to the following restrictions:
(a)
The structure shall be limited to two stories in height.
(b)
The structure shall be appropriately landscaped.
(c)
The structure shall be subject to the same front yard requirements
as the principal structure to be erected and shall otherwise be subject
to all yard requirements for the district in which located.
(d)
Adequate off-street parking facilities (a minimum of six spaces)
and access driveways shall be developed within those locations approved
for such facilities in conjunction with the permanent multiple-family
structure, and no additional parking areas or access driveways shall
be permitted.
(e)
Signs shall be permitted only in accordance with the regulations
set forth for the use within the district and in compliance with this
chapter.
(f)
The structure shall comply fully with all existing building
codes and ordinances of the Town of Barton.
(g)
The structure shall be completely and totally removed within
six months from the date of the issuance of a building permit or upon
the completion of the permanent residential dwelling structure, whichever
date is later.
(h)
In the event that the structure should not be removed or demolished
by the owner or other parties in interest within the terms of this
section, the Town of Barton, to the extent permitted by law, acting
through its Building Inspector, is authorized to vacate, demolish,
or remove, either with forces or by independent contractor submitting
the lowest and best bid, any such building or structure. The Town
of Barton shall assess the entire costs of such vacation, demolition,
or removal against the owner or other parties in interest.
E.
Temporary concrete batch plants or asphalt or asphalt reprocessing
plants (including materials processing and handling) and temporary
stone crushers. The following specific standards shall be used:
(1)
Routing plan required. The contractor shall submit a routing plan
for trucks to and from the proposed plant to the Zoning Administrator
and Town Engineer for their review and recommendations as a condition
prior to approval.
(2)
Financial assurance required for potential damage to roads. The contractor
shall provide a financial assurance in the amount requested by the
Town Engineer to pay for correcting any damage done to Town or county
roads during the course of said facility's operation and for the planned
restoration of the site.
(3)
Access. Such facilities shall only be allowed access via arterial
or collector roads or highways. Access via dedicated existing local
residential roads and/or collector roads serving residential areas
shall be prohibited.
(4)
Restoration plan. A restoration plan shall be provided the Town for
review and approval by the Town Engineer.
(5)
When allowed. Such facilities shall be erected only in conjunction
with a Town, county, or state/federal highway or road improvements.
(6)
Maximum period of use. The allowable period of such use shall be
for the period of such roadway or highway work, with a maximum of
an eight-month period.
(7)
General location. Such facilities shall be located not less than
250 feet from any occupied building, with the exception of an associated
accessory construction trailer/office which may be located on the
same site.
(8)
Outside sales prohibited. No outside sales of batch plant materials
shall be permitted. The sale of crushed stone shall not be permitted.
(9)
Site plan of operation and facilities required. Such facilities will
be shown on a site plan and be contained within a maximum five-acre
area.
(10)
Location of stone crushers. Stone crushers shall be located
not less than 250 feet from any building used for residential purposes.
(11)
Prevention of dust, fumes, vapors, mists, or gas nuisances.
The prevention of any dust, fumes, vapors, mists, or gas nuisances
due to operations shall be maintained at all times in accordance with
established Town, county, state, and federal air pollution standards.
F.
Temporary roadside stands for the sale of agricultural products.
The following specific standards shall be used:
(1)
Off-street parking and loading. The use shall provide for all required
off-street parking and loading on private property.
(2)
Access. The use shall be located along and have direct vehicular
access to a public street. Access to and from the site shall be in
accord with the requirements of the applicable highway or arterial
street access authority, including the Wisconsin Department of Transportation,
Washington County, and/or the Town of Barton.
(3)
Sales or display prohibited on public land. No sales or display activity
shall be located on public land.
(4)
Items sold. The items sold shall be produced on the property from
which they are sold.
G.
Temporary borrow pits.
[Added 7-9-2003 by Ord. No. 03-007]
(1)
Temporary borrow pits may be allowed by the Town Board as a temporary
use in the following zoning districts upon recommendation by the Plan
Commission after the holding of a public hearing before the Plan Commission
pursuant to the requirements of this section:[1]
|
NHB
|
Neighborhood and Hamlet Business District
| |
|
CB
|
Community Business District
| |
|
FB
|
Freeway Interchange Business District
| |
|
LM
|
Limited Manufacturing District
| |
|
BP
|
Business Park District
| |
|
QE
|
Quarrying and Extractive District
| |
|
EA
|
Exclusive Agricultural Preservation District
| |
|
AT
|
Agricultural Transition District
| |
|
GA
|
General Agricultural District
| |
|
HFA
|
Hobby Farm Agricultural District
|
(2)
All temporary borrow pits shall meet the requirements of this section and any other requirements deemed necessary by the Town Board in order to meet the purpose and intent of this chapter, as set forth in Article I of this chapter.
(3)
Application for temporary use permit and public hearing required.
Upon receipt in proper form of the application, the Plan Commission
shall hold at least one public hearing. At least 11 days in advance
of such hearing, but not more than 30 days, notice of the time and
place of such hearing shall be published in a newspaper of general
circulation in the Town of Barton as a Class 2 notice as required
under Ch. 985, Wis. Stats. In addition to publication, due notice
may also be given by first-class mail to property owners of property
located in the Town of Barton which is located within 500 feet of
the affected property, and any nonresident's notice shall be given
to the clerk of any municipality whose boundaries are within 500 feet
of the affected property. Failure to give first-class mailing notice
to property owners of properties located in the Town of Barton in
the affected area described above or to nonresidents or to the municipal
clerk of any municipality affected herein shall not invalidate any
action by the Plan Commission taken on the temporary borrow pit temporary
use application.
(4)
Plans, drawings, and data required. The following plans, drawings,
and data shall be required at the time the application is submitted:
(a)
Plan of the proposed site. Plan of proposed site at a scale
of 100 feet to the inch or less, with a two-foot contour interval
or less, to show:
[1]
Existing site conditions:
[a]
Existing topography, water bodies, streams, wetlands,
floodplains, surface drainage patterns, structures, roads, buildings,
and other site features as may be required by the Town Plan Commission.
[b]
Detailed site-specific vegetation (if any woodlands
are located on the site), with dominant species noted.
[c]
Description of present land use.
[d]
Identification of existing zoning district classification
of property.
[e]
Identification of all adjacent landowners.
[2]
Other plans and data as may be required by the Town Plan Commission
and/or Town Board.
(b)
Plan of operations:
[1]
Description of the material to be removed, with an estimated
amount and description of aggregate and overburden to be removed (in
terms of total cubic yards).
[2]
Method of extraction, including types of equipment.
[3]
Indication if there is any supplementary processes, drying,
grading, or mixing proposed to take place on site.
[4]
A delineation on a map of the maximum extent of area disturbed,
and resulting elevations (final contours and grading plan) and slopes
upon completion of operations.
[5]
Location of any soil embankments or earthen berms for noise
mitigation, dust mitigation, and visual barriers for visual mitigation,
and heights of spoil mounds (if any).
[6]
Source of water (if used) and method of disposition of excess
water during operation (if any).
[7]
Sediment erosion control plan during operations.
[8]
Complete listing of the type of machinery to be used and the
noise levels expected at the property line.
[9]
Safety measures and monitoring of complaints.
[10]
Street, road, and drive pattern and their relationship
with external streets and highways, including a statement listing
the public streets to be used as haul routes, a plan for the continued
maintenance of the Town roads used, and a statement of the methods
to be used to maintain or repair any public street or highway to be
used for hauling purposes.
[11]
Description of the point at which the haul road
intersects the public right-of-way, including width, radii, composition
of surface material, and length of improved surfaces.
[12]
The number, type, carrying capacity, and weight
of vehicles to be used in the hauling operation.
[13]
The names and addresses of all haulers shall be
provided to the Town. If the hauler is a corporation, the name and
address of its corporate offices and registered agent.
[14]
The proposed date on which the hauling operation
will commence and the proposed date on which the operation will be
completed.
[15]
Location for storage of aggregate and overburden
(if any storage is contemplated).
[16]
A traffic maintenance/control plan, including,
but not limited to, signage and signage locations.
(c)
End use plan and restoration requirements:
[1]
In order to ensure that the area of extraction operation shall
be restored to a condition of practical usefulness and reasonable
physical attractiveness, the owner or operator shall, prior to the
issuance of a temporary use permit, submit to the Plan Commission
a plan for such restoration in the form of the following:
[a]
A physical restoration plan showing the existing
and proposed contours at two feet and at Washington County vertical
datum after restoration, plantings and other special features of restoration,
and the method by which such restoration is to be accomplished.
[b]
A bond, written by a licensed surety company, a
certified check, letter of credit, or other financial guarantee in
a form satisfactory to the Town Attorney and in an amount sufficient,
in the opinion of the Town Engineer, to secure the performance of
the restoration plan.
[i]
If the applicant fails to fulfill the agreement,
such bond, check, or other financial guarantee shall be deemed forfeited
for the purpose of enabling the Town of Barton to perform the restoration.
[ii]
Restoration shall proceed as soon as practicable
and at the order and direction of the Town Engineer. The required
bond in such case may cover progressive stages of the restoration
for periods of not less than two years.
[iii]
At any stage during the restoration, the plan
may be modified by mutual agreement between the Town of Barton and
the owner or operator.
[iv]
Where there is any backfilling, the material used
or method of fill shall not be such as to create a health hazard or
which would be objectionable because of odor, combustibility, or unsightliness.
In any case, the finished condition of the restored area except for
rock faces, outcroppings, water bodies, or areas of proposed building
or paving construction, shall be of sufficient depth of earth to support
plant growth.
[v]
Within one year after the cessation of the operation,
all temporary structures (except fences) and equipment shall be removed;
stockpiles, rubble heaps or other debris shall be removed or backfilled
into excavation, so as to leave the premises in a neat and orderly
condition, and covered with a minimum of two feet of earth, including
four inches of topsoil.
[vi]
In any restoration procedure which takes place
in sand or gravel pits or on other sites where the material is of
a loose or friable nature, no slope shall be left which is steeper
than a ratio of three horizontal to one vertical. In no case shall
any slope exceed the normal angle of slippage or repose of the material
involved.
[vii]
In addition, all restoration shall be in conformance
with the approved construction site erosion control plan.
[2]
Planting. All land that is not covered by water shall be covered
with a sufficient amount of arable soil to support vegetation. A landscape
planting plan shall be prepared for the entire property using various
types of plant material (including grasses) that prevent soil erosion
and provide vegetative cover.
(5)
Performance standards.
(a)
Location.
[1]
A temporary borrow pit use shall take direct access via a road meeting the requirements of Subsection G(5)(e) below.
[2]
No borrow pit operation shall be located in wetlands or in a
one-hundred-year recurrence interval floodplain area. The stockpiling
within or the filling of wetlands or one-hundred-year recurrence interval
floodplain area is prohibited.
[3]
The exterior wall elevation of a borrow pit use shall be at
least four feet above the one-hundred-year recurrence interval flood
elevation.
(b)
Operations. All borrow pit operations shall meet all development
and performance standards of this chapter and all other applicable
local, state, and federal regulations.
(c)
Minimum required setbacks. The temporary borrow pit use shall
not be located within 50 feet from any public street right-of-way
or 50 feet from any other property line, except with the written consent
of said adjacent property owner.
(d)
Grading. All disposal areas and excavations shall be graded
in such a way as to provide an area which is harmonious with the surrounding
terrain and not dangerous to human or animal life.
[1]
Excavations shall be graded and backfilled to the grades indicated
by the site plan. Grading and backfilling shall be accomplished continually
and as soon as practicable after excavation. Grading and backfilling
may be accomplished by use of construction rubble such as concrete
or other materials, provided such materials are composed of non-noxious,
noncombustible solids.
[2]
Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed the normal angle of slippage of such material or 33° in angle, whichever is less. During grading and backfilling, the setback requirements in Subsection G(5)(c) above may be reduced so that the top of the graded slope shall not be closer than 25 feet to any lot line, 25 feet to any street line, nor within 50 feet of any Southeastern Wisconsin Regional Planning Commission (SEWRPC) delineated environmental corridors or isolated natural areas or residential zoning or land use district boundary line.
[3]
When excavations which provide for a body of water are part
of the final use of the tract, the banks of the excavation shall be
sloped to a minimum ratio of seven feet horizontal to one foot vertical,
beginning at least 50 feet from the edge of the water and maintained
into the water to a depth of five feet.
[4]
Drainage shall be provided, either natural or artificial, so
that disturbed areas shall not collect nor permit stagnant water to
remain.
(e)
Access. Truck access to any borrow pit site shall be so arranged
as to minimize danger to traffic and nuisance to surrounding properties
and to ensure the quality of public roads. No extraction facility
shall be allowed to take access through a residential street. Approved
access streets and highways shall meet Town, county, or Wisconsin
Department of Transportation specifications (whichever is applicable
based upon the jurisdiction of the street or highway) for base and
pavement or shall be improved by the operator to such specifications.
There shall be a minimum of 500 feet of sight distance at the entrance
to the facility.
(f)
Material crushing and blasting. There shall be no crushing of
material at this site, and there shall be no blasting.
(g)
Duration of operation. The duration of the borrow pit operation shall not exceed 12 months from the time the temporary use permit is granted, unless such time frame is extended by the Town Board following a public hearing [the procedures of which are set forth in Subsection G(3)] and upon recommendation of the Town Plan Commission.
(h)
Reclamation completion. The temporary borrow pit shall be totally
reclaimed within six months of the completion of the temporary borrow
pit operation.
(i)
Minimum distance from school, church, or public park. No temporary
borrow pit shall be located closer than 500 feet from a school, church,
or public park.
(j)
Maximum size of operation. No temporary borrow pit shall exceed
20 total acres in area.
(k)
Written consent required. Written consent from the owner, or
authorized agent, of the property shall be provided the Building Inspector
within 30 days of Zoning Administrator approval.
(l)
Certificate(s) of insurance required. The Town Board shall require
the applicant therefor to place on file with the Zoning Administrator
a certificate or certificates of insurance indicating that there is
in effect public liability insurance covering any damages arising
out of the use or operation of any devices and facilities operated
in connection with the use. Such insurance shall be in the minimal
amount of $1,000,000 per person, $1,000,000 for each accident and
$100,000 property damage. The Town of Barton and all participating
property owners shall be named as an additional insured party on said
certificate of insurance.
(m)
Indemnification. The applicant shall agree to indemnify and
hold harmless the Town of Barton, its officials, its agents, employees,
and consultants from all claims and liabilities (including reasonable
attorneys fees) arising out of or related to the granting of a temporary
use permit for the intended use.
(n)
Noise, vibration, or dust. All equipment shall be operated in
such a manner as to eliminate, as far as practicable, noise, vibration,
or dust which would injure or annoy persons living or working in the
vicinity.
(o)
Hours of operation. The hours of borrow pit operation shall
be as established by the Town Board.
(p)
Access roadway dust. Accessways or roads within the premises
shall be maintained in a dust-free condition.
(q)
Fencing requirements. Whenever the floor of a borrow pit is
five feet or more below the grade of adjacent land, the property containing
the borrow pit shall be completely enclosed by a barrier either consisting
of a mound of earth not less than six feet high located at least 25
feet from any street right-of-way or shall be enclosed with a chain-link
fence or its equivalent in strength and protective character to a
height of six feet in height along the property line. Said fence or
barrier shall be removed upon the closure of the borrow pit.
(r)
Natural resource protection standards for existing natural steep
slopes. The required natural resource protection standards set forth
in Table 500-109 of this chapter for the various degrees of steep
slopes may be mitigated by the provision of one acre of new steep
slope area(s) (within the same steep slope category or higher steep
slope category or combination thereof) for each one acre of steep
slope area disturbed. All such steep slope mitigation shall take place
on the property upon which the disturbance took place and shall be
in accordance with the restoration plan of the borrow pit.
