Town of Barton, WI Article X Special Uses

§ 500-71 General standards.

A. General standards. No special use permit shall be recommended or granted pursuant to this chapter unless the applicant shall establish the following:

(1) Chapter and Comprehensive Plan purposes and intent. The proposed use and development will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the Town of Barton Comprehensive Plan or element thereof.

(2) No undue adverse impact. The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.

(3) No interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable zoning district regulations.

(4) Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities, or the applicant will provide adequately for such facilities.

(5) No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets and that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6) No destruction of significant features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

(7) Compliance with standards. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Town Board pursuant to the recommendations of the Plan Commission (also see §§ 500-85 and 500-88 of this chapter). The proposed use and development shall comply with all additional standards imposed on it by the particular provision of this article and chapter authorizing such use.

B. Special standards for specified special uses. When the zoning district regulations authorize a special use in a particular zoning district and that special use is indicated as having special standards, as set forth in §§ 500-72 and 500-73 of this article, a special use permit for such use in such zoning district shall not be recommended or granted unless the applicant shall establish compliance with all such special standards.

C. Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Plan Commission and the Town Board shall consider the following:

(1) Public benefit. Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

(2) Alternative locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.

(3) Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.

(4) Establishment of precedent of incompatible uses in the surrounding area. Whether the use will establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area.

D. Conditions on special use permits. The Plan Commission may recommend, and the Town Board may impose, such conditions and limitations concerning use, construction, character, location, landscaping, maintenance, screening, operation, hours of operation, and other matters relating to the purposes and objectives of this chapter upon the premises benefited by the issuance of a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property, upon such public facilities and services, protection of the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the ordinance granting the special use permit, and the Town Board may require the unconditional consent of the applicant to such conditions. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the special use permit.

E. Affidavit of compliance with conditions. In all cases in which special uses are granted, the Town Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with. Whenever any special use permit granted pursuant to this chapter is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Zoning Administrator so stating.

F. Effect of issuance of a special use permit. The grant of a special use permit shall not authorize the establishment or extension of any such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances and codes of the Town of Barton, including but not limited to building permit, zoning permit, land division approval, site plan approval, or other type of permit or approval.

G. Limitations on special use permits.

(1) Time limitations. Subject to an extension of time granted by the Town Board, upon recommendation of the Plan Commission, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit is issued and a use commenced within that period.

(2) Use discontinuance. A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.

(3) Special use permit runs with land and not the applicant. Except when otherwise provided in the resolution granting a special use permit, a special use permit shall be deemed to relate to, and to be for the benefit of, the use and lot in question rather than the applicant, owner, or operator of such use or lot.

(4) Additions and enlargements to legal special uses. Any additions or enlargements of an existing legal special use for which a special use permit has been issued may be allowed only pursuant to the procedures and subject to the standards and limitations provided in this chapter for its original approval.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) Additions and enlargements to illegal special uses. Any additions or enlargements of an existing illegal special use for which a special use permit has not been issued shall not be allowed unless the entire use is made to conform to all the regulations of the zoning district in which it is located and pursuant to the procedures and subject to the standards and limitations provided in this chapter.

H. Amendments to special use permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for its original approval.

§ 500-72 Residential districts.

A. Open space subdivisions and open space condominiums. The following specific requirements and standards shall apply to all permitted use and special use open space subdivision and open space condominium options in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-9, and R-10 Districts:

[Amended 3-3-2004 by Ord. No. 04-001]

(1) Must meet district standards. All open space subdivisions and open space condominiums shall meet the applicable open space ratio, sewage disposal, density, lot dimension and yard requirements (for open space subdivision lots and individual condominium unit site area per dwelling unit for open space condominium) and living area per dwelling unit and height requirements for both the zoning district and open space subdivision/open space condominium option selected.

(2) Conservation and/or open space preservation easements. All open space subdivisions and open space condominiums shall have submitted conservation and/or open space preservation easements regulating the protection of natural resource features and/or open space in the proposed development. Such documents shall assure that all such conservation and/or open space preservation easements are held privately and in perpetuity under a Wisconsin nonprofit membership corporation (homeowners' or condominium association, as applicable). Said conservation and/or open space preservation easements shall cover the total required open space ratio (OSR) area of the open space subdivision or open space condominium. In addition:

(a) Covenants and restrictions to be enforceable by Town. All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the open space subdivision or open space condominium shall provide that they may not be modified, removed, or released without the express consent of the Town Board and that they may be enforced by the Town and by future landowners within the proposed development.

(b) Limitation on construction of any structure or improvement in areas covered by a conservation and/or open space preservation easement. No areas covered by a conservation and/or open space preservation easement shall be used for the construction of any structure or improvement, except such structures and improvements as may be approved by the Town Board.

(c) Continued preservation of open space required. The conservation and/or open space preservation easement must be permanent, not be for a given period of years, and must run with the land. Such conservation and/or open space preservation easements may provide that they may be released, but only with the approval of the Town Board.

(d) Ownership and maintenance.

[1] The open space subdivision or open space condominium plans shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation according to predetermined standards and to ensure that remedial measures will be available to the Town if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the subject open space subdivision, open space condominium or the Town.

[2] The initial maintenance of the common open space and improvements within an open space subdivision or open space condominium shall be the responsibility of the developer. The covenants, deed restrictions, easements, and similar restrictions, as well as the Wisconsin nonprofit membership corporation (homeowners' or condominium association, as applicable) documents, may prescribe a method for transfer of maintenance responsibility to the Wisconsin nonprofit membership corporation (homeowners' or condominium association). In the event no method for transfer or maintenance responsibility is prescribed, the developer shall retain this responsibility until 50% of the development has been sold to lot or unit owners. When at least 50% of the open space subdivision or open space condominium has been sold, the Wisconsin nonprofit membership corporation (homeowners' or condominium association, as applicable) shall be deeded the common open space and improvements, and such owners shall become fully responsible for its continued maintenance and upkeep.

(3) Wisconsin nonprofit membership corporation (homeowners' or condominium association). All open space subdivisions and open space condominiums shall have submitted the legal instruments and rules for the creation of a Wisconsin nonprofit membership corporation (homeowners' or condominium association, as applicable). Said nonprofit membership corporation shall be responsible for maintaining all open space areas and conservation and/or open space easements in the development. In addition, such nonprofit membership corporation shall meet each of the following standards:

(a) That the bylaws and rules of the nonprofit membership corporation and all declarations, covenants, and restrictions to be recorded must be approved as part of the open space subdivision or open space condominium plans before becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this chapter.

(b) That the nonprofit membership corporation must be established and all declarations, covenants, and deed restrictions must be recorded before the sale of any property within the area of the open space subdivision or open space condominium designated to have the exclusive use of the proposed open space or improvements.

(c) That the nonprofit membership corporation must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to the nonprofit membership corporation.

(d) That membership in the nonprofit membership corporation must be mandatory for each property owner of the open space subdivision or open space condominium and any successive property owner having a right to the use or enjoyment of such open space or improvements.

(e) That every property owner having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the nonprofit membership corporation by means of an assessment to be levied by the nonprofit membership corporation that meets the requirements for becoming a lien on the property according to the state statutes.

(f) That the nonprofit membership corporation must have the right to adjust the assessment to meet changed needs. The membership vote of the nonprofit membership corporation required to authorize such adjustment shall not be fixed at more than 2/3 of the nonprofit membership corporation members voting on the issue.

(g) That the Town must be given the right to enforce the protective covenants, deed restrictions, or conservation and/or open space preservation easements as they relate to common property.

(h) That the Town must be given the right, after a minimum of 10 days' written notice to the nonprofit membership corporation, to perform any maintenance or repair work that the nonprofit membership corporation has neglected to perform, to assess the nonprofit membership corporation membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the Town shall have all the rights and powers of the nonprofit membership corporation and its governing body under the agreements and declarations creating the nonprofit membership corporation. In the case of an emergency, as determined by the Town, the Town may issue an enforcement correctional order. If no such nonprofit membership corporation exists, the Town has the right to assess the property owner(s) of the development for such work and to place a lien against the property if any property owner(s) fails to pay such assessment.

(i) That, in the event the Wisconsin nonprofit membership corporation should cease to exist or should fail to fulfill its obligations as stated herein or to pay the real estate taxes assessed against its properties within the open space subdivision or open space condominium, the Town may cause such maintenance to be performed and levy the cost thereof as a special assessment against all of the properties within the open space subdivision or open space condominium under the provisions of the Wisconsin Statutes. Similarly, any real estate taxes remaining unpaid, together with any penalties and interest thereon, may be collected by the Town as a special assessment against all of the properties in the open space subdivision or open space condominium which border the properties, or the Town may seek a mandatory injunction requiring the Wisconsin nonprofit membership corporation to levy and collect assessments for such purpose.

(4) The Town Attorney shall review all conservation and/or open space easements and homeowners' or condominium association legal instruments and shall approve said instruments as to form.

(5) Minimum required width of open space when abutting an adjacent conventional subdivision or open space condominium. A minimum fifty-foot-wide open space buffer shall be provided between an open space subdivision or open space condominium and an abutting conventional subdivision. Said open space buffer shall be protected by a conservation and/or open space preservation easement and shall count towards the total required amount of open space for the open space subdivision or open space condominium. In the case of an open space condominium, said fifty-foot-wide open space buffer shall be provided within a common element (but outside of and not including any limited common elements) between an open space condominium and an abutting conventional subdivision.

(6) Open space subdivisions or open space condominiums for properties under one ownership but within two or more zoning district classifications. Open space subdivisions or open space condominiums for properties under one ownership but within two or more zoning district classifications may combine the maximum permitted dwelling units for each of the land areas encompassed within each of the two or more zoning classifications, provided that:

(a) Separate site intensity and capacity calculations, pursuant to the requirements of Article VIII of this chapter, are prepared for each of the two or more zoning classification areas of the property.

(b) The maximum total permitted dwelling units on the total property shall not exceed the total derived from adding the maximum permitted dwelling units for each of the two or more zoning classification areas of the property as determined under the requirements of § 500-63, Calculation for residential uses. The resulting maximum total permitted dwelling units on the total property (i.e., the total derived from adding the maximum permitted dwelling units for each of the two or more zoning classification areas of the property) may be located in any of the two or more zoning classification areas of the property.

(c) The resulting cumulative amount of open space to be provided for the total property is based upon each of the open space ratios required by this chapter for each of the two or more zoning classification areas of the property. Said cumulative amount of open space required shall be as determined under the requirements of § 500-63, Calculation for residential uses, for each of the two or more zoning classification areas of the property.

(d) Minimum lot areas shall conform to the minimum lot area requirements of each of the two or more zoning classification areas of the property and the open space subdivision or open space condominium option selected for each of the two or more zoning classification areas of the property. In the case of one residential district and the GA District, minimum lot areas shall conform to the minimum lot area requirements of the residential zoning district portion of the property and the open space subdivision or open space condominium option selected for the residential-zoned portion of the property.

(e) The property under one ownership which is contiguous but within two or more zoning district classifications shall be planned and developed as a single condominium plat, certified survey map, or subdivision plat (as applicable), meeting all applicable standards of this chapter and Chapter 340, Land Division.

(7) No lots or outlots used exclusively for the preservation of open space and/or protection of natural resource features allowed to be transferred. In an open space subdivision or open space condominium, any lots or outlots used exclusively for the preservation of open space and/or protection of natural resource features and which formed the basis, in part, of calculating the maximum allowable density in an open space subdivision or open space condominium development shall be owned by that development's Wisconsin nonprofit membership corporation (homeowners' or condominium association, as applicable), and said ownership shall not be transferred or said lots or outlots applied in the calculation of the maximum allowable density of any other property or development.

B. Kennels, private. Private kennels shall meet the following requirements:

(1) Solid waste and feces removal. The disposal of all feces and other solid waste generated by the kennel operation shall be reviewed and approved by the Washington County Planning and Parks Department.

(2) Required fencing. All runs and kennel areas shall be fenced with chain-link, solid wood fencing or a masonry wall of a height to be determined by the Plan Commission. The fence or wall shall be of quality material and be neat in appearance.

(3) Noises, smoke, and odor. Any training of animals shall not include the use of loud noises (unless approved by the Town Board) or produce smoke or odor. The kennel facility shall not generate adverse, off-site noise or odor impacts.

(4) Humane Society of the United States (HSUS) guidelines to be used. Humane Society of the United States (HSUS) guidelines shall be used, at a minimum, for the flooring, walls between kennels, drainage, heating and cooling, cage sizes, and runs.

(5) Minimum required setbacks. All outdoor runs shall be a minimum of 150 feet from any residential zoning district, and all exercise areas shall be a minimum 50 feet from any residential zoning district.

C. Stables, private. The following specific standards shall be used in the R-1, R-2, R-3, R-4, and PUD Districts:

(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 equine.

(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, 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.

(6) Maximum stable size. In the R-1 District, the maximum stable size shall not exceed 1,200 square feet in area. In the R-2, R-3, and PUD Districts, the maximum stable size shall not exceed 800 square feet in area.

(7) Maximum number of stables. In the R-1, R-2, R-3, and PUD Districts, there shall be no more than one such stable allowed per lot.

D. Application requirements and standards for special use accessory buildings and structures in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, and R-10 Districts. The following are application requirements and other standards for special use accessory buildings and structures located on a lot or parcel in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, and R-10 Districts:

[Added 3-16-2004 by Ord. No. 04-002]

(1) The applicant shall submit (at the time application for the special use is made by the applicant) a plat of survey prepared by a Wisconsin-registered land surveyor which accurately depicts and dimensions the proposed location of the accessory building or accessory structure. Said accessory building or accessory structure shall be located as depicted as the same relates to the property or as approved by the Town Board.

(2) The application materials submitted by the applicant for the accessory building or accessory structure shall specifically indicate all of the exterior building dimensions of the accessory building or accessory structure, including height.

(3) The following specific requirements and standards shall be considered and may be applied as deemed appropriate by the Plan Commission and/or Town Board when considering the granting of special use permits for accessory buildings and structures located on a lot or parcel in the R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, and R-10 Districts:

(a) The accessory building or accessory structure shall be code compliant, meeting all building restrictions required by the Town of Barton.

(b) No business operation of any kind shall be allowed as part of the use of the accessory building or accessory structure allowed herein.

(c) No additional accessory buildings and/or structures shall be allowed on the parcel.

(d) No reduction of land area through land divisions of any kind (including transfers of land between abutting property owners) shall be allowed, as the size of the accessory building and/or accessory structure allowed herein was based, in part, upon the size of the property represented by the applicant, unless the accessory structure is reduced in size prior to the land division occurring to meet the requirements of Table 500-72D for the applicable zoning district within which the property is located.

(e) The materials for construction of the accessory building or accessory structure shall be consistent with the materials represented by the applicant to the Plan Commission and Town Board and shall remain consistent throughout the useful life of the accessory building or accessory structure.

[Amended 10-20-2015 by Ord. No. 15-2003]

(f) The property owner and the property owner's successors and assigns shall maintain landscaping and screening consistent with a plan for said accessory building or accessory structure approved by the Town Board and which shall remain as a condition for said special use throughout the useful life of the accessory building or accessory structure.

(g) Construction of the accessory building or accessory structure shall not commence until an approved landscape plan is agreed to by the property owner and the Town Board.

(h) The property owner and his successors and assigns are hereby precluded from any outdoor storage of any kind, including, but not limited to, boats, snowmobiles, motorcycles, cars, farm equipment, campers, trucks, vans, horse trailers, flatbed trailers, personal watercrafts, or any other personal property other than for purposes of landscaping.

(i) The accessory structure shall not be rented or leased to any person, nor may the same be used by any person other than the owner of the property upon which said accessory building or accessory structure is located.

(j) The Plan Commission may recommend to the Town Board or the Town Board may increase the minimum required setbacks of the accessory structure(s) as deemed necessary.

(k) The maximum height limitations for accessory structures in the residential zoning districts set forth under Article V of this chapter notwithstanding, the Plan Commission may recommend to the Town Board, or the Town Board may allow, an increase in the height of the accessory structure(s) not to exceed 30 feet.

(4) In no case shall the cumulative floor area of all accessory buildings and structures exceed the building coverage area (See § 500-201 for the definition of "building coverage area.") as set forth in Table 500-72D below. Table 500-72D indicates the maximum sizes which may be allowed as determined by the Town Board, upon recommendation of the Plan Commission, on a case-by-case basis.

[Amended 3-15-2016 by Ord. No. 16-002]

Table 500-72D Maximum Allowable Cumulative Building Coverage Area (Determined as a Percentage of Parcel Size) of Special Use Accessory Buildings and Structures
Type of Use	R-1	R-2	R-3	R-4	R-5	R-6	R-7	R-8	R-9	R-10
Accessory buildings and structures where the building coverage area of any 1 building or structure or the cumulative building coverage area of all such buildings and structures located on a lot or parcel exceeds a square footage equivalent to 2.25% of the lot area				Not to exceed 2,500 square feet (a) (b)	(a)	(a)	(a)	(a)	(a)	(a)
Accessory buildings and structures in Option 1 open space subdivisions where the building coverage area of any 1 building or structure or the cumulative coverage area of all such buildings and structures located on a lot or parcel exceeds a square footage equivalent to 2.25% of the lot area	Not to exceed 3,500 square feet (a) (b)	Not to exceed 3,500 square feet (a) (b)	Not to exceed 3,500 square feet (a) (b)
Accessory buildings and structures in conventional subdivisions where the building coverage area of any 1 accessory building or structure or the cumulative coverage area of all such buildings and structures located on a lot or parcel exceeds a square footage equivalent to 2.25% of the lot area	Not to exceed 12,000 square feet (a) (b)	Not to exceed 8,000 square feet (a) (b)	Not to exceed 5,500 square feet (a) (b)

NOTES:
(a)	As determined by the Town Board, upon recommendation of the Plan Commission, on a case-by-case basis.
(b)	Parcel size shall not include any portion of a dedicated public street right-of-way.

§ 500-73 Nonresidential districts.

A. Amusement parks. The following standards shall apply to all amusement parks:

(1) Contiguity with arterial or collector street required. All amusement parks shall be located contiguous to an arterial or collector street.

(2) Buffer yard requirements. A landscaped buffer yard intensity level factor of five (see Article XVIII of this chapter) shall be provided along all property lines of the entire amusement park, and said amusement park shall be enclosed with a masonry wall of at least eight feet or more in height so as to discourage entrance from areas other than the designated entrances to said facilities, or enclosed by an earthen berm of at least eight feet in height or higher and a chain-link fence, fully screened from view by vegetation so as to discourage entrance from areas other than the designated entrances to said facilities.

(3) Property abutting residential zoning district. If the property abuts a residential zoning district, then a buffer yard with a minimum width of 100 feet comprised of an earthen berm equal to the height of the top of the roofs shall be constructed with a slope of no greater than two to one and landscaping installed to provide 100% canopy cover over said buffer yard area. The minimum buffer yard intensity level factor of said buffer yard shall be five. (See Article XVIII of this chapter.)

(4) Lighting. All off-street parking areas and accessways shall be adequately illuminated. Cutoff lighting shall be required. The total cutoff of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground and so that no light can be viewed from said residential districts.

(5) Loudspeaker and announcement systems. Loudspeaker and announcement systems shall be so located with respect to the zoning district boundaries so that the level of sound, as measured in decibels, as measured at the property line shall not exceed 40 db during the hours of 9:00 a.m. to 6:00 p.m. or 35 db during the time period from 6:00 p.m. to 10:00 p.m.

B. Animal hospitals and veterinary clinics. Animal hospitals and veterinary clinics shall meet the following requirements:

(1) Activities to be conducted within enclosed building. All activities, including animal exercise areas, shall be conducted within an enclosed building which allows for adequate ventilation.

(2) Enclosed exercise areas. Enclosed exercise areas shall be not less than 100 feet from any residential zoning district. The operator of the animal hospital or veterinary clinic shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise. All exercise areas shall be permanently attached to the principal building and fully enclosed.

C. Apartment, commercial. Commercial apartments shall meet the following requirements:

(1) Location in commercial building. This dwelling type shall be located on the second or third story, or level, of a building with commercial uses occupying the ground floor.

(2) Additional landscaping requirements. Landscaping shall require a ten-percent increase in parking lot landscaping and one additional canopy-type tree for every two apartments.

D. Boardinghouse. Boardinghouses shall meet the following requirements:

(1) Maximum allowable density. In each boardinghouse, for the purposes of calculating density, every 2.55 residents (Note: This number is based upon the 2010 U.S. census of 2.55 persons per household in the Town of Barton) shall constitute one dwelling unit. Therefore, the facility must be located on a lot large enough to meet the density requirements of the Comprehensive Plan for the equivalent number of dwelling units or the minimum requirements of the zoning district in which the proposed boardinghouse is located, whichever is more restrictive.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Direct access to collector or arterial street. All boardinghouses containing more than 15 residents shall have direct access to a collector or arterial street.

(3) Other applicable regulations. All boardinghouses shall comply with all applicable state and local regulations.

E. Bus terminals. Bus terminals shall meet the following requirements:

(1) Direct access to collector or arterial street. All bus terminals shall have direct access to an arterial street which is a federal-, state- or county-designated highway.

(2) Use abutting residential zoning district prohibited. Such use shall not adjoin a residential zoning district.

F. Campgrounds, travel and recreational vehicle trailer parks, and tents.

(1) Minimum required site area. All campgrounds, travel and recreational vehicle trailer parks, and tents shall have a minimum site area of 30 contiguous acres.

(2) Accessory uses. Accessory uses may be allowed by the Town of Barton as follows:

(a) Recreational facilities, laundry buildings, one service retail store (not to exceed 4,000 square feet in total floor area), manager's office and storage buildings, sanitary facilities, and fences, constructed in accordance with all the provisions of this chapter and all other applicable Town of Barton regulations.

(b) No accessory buildings or structures shall be used for human occupancy, except as may be permitted by a special use permit.

(3) Development and design requirements.

(a) A maximum density of 15 units per gross acre and 25 units per net acre.

(b) Each unit or site shall be improved with a minimum parking space for the travel trailer or recreational vehicle, with a minimum area of 10 feet by 25 feet in addition to the access driveway.

(c) Vehicle parking.

[1] One parking space, nine feet by 20 feet, shall be located on each site (may be located in front or side yard setback areas).

[2] Guest parking, one space for each 10 trailer sites, shall be provided off of the interior drives.

(d) Recreation area requirements shall be at a ratio of 100 square feet per unit site.

(e) No direct access to an individual site shall be permitted from a public street.

(f) All public utilities shall be placed underground.

(g) All unpaved areas shall be landscaped to accommodate surface water drainage and be seeded to prevent erosion. Weeds shall be controlled in compliance with all county and local ordinances.

(h) Minimum buffer yard intensity level factor of five is required on all exterior boundaries, including street frontage. (See Article XVIII of this chapter.)

(i) Interior landscaping of the park shall require at least one tree per lot, existing or planted, and the tree shall be a minimum of three-inch caliper. Existing vegetation may be substituted for required landscaping on a one-to-one basis.

(j) Individual travel trailer or recreational vehicle site development standards:

[1] Minimum width: 25 feet.

[2] Minimum depth: 45 feet.

(k) Campground areas of any travel trailer park shall provide a minimum of 500 square feet for each tent site. A ten-foot separation shall be maintained between tents.

(l) All private driveways in the park shall be a minimum of 12 feet in width for posted one-way traffic and 24 feet in width for two-way traffic. All private driveways shall be surfaced with a minimum of five inches of road gravel covered by a minimum of three inches of blacktop surfacing satisfactory to the Town Board.

(m) Each campsite shall not exceed a single-family unit.

(n) Sanitary sewerage and waste disposal facilities shall be provided as required by all applicable Washington County and State of Wisconsin regulations. Each campsite shall be located not more than 400 feet from a toilet. No campsite shall be located closer than 75 feet to a nonflushing toilet.

(o) There shall be an adequate source of pure water with supply outlets for drinking and domestic purposes located not more than 400 feet from any camping unit. Where a public water supply is not available, all wells shall comply with all applicable Washington County and State of Wisconsin regulations, except that well pits or pump pits shall not be permitted.

(4) Sanitary garbage pickup. In every campground there shall be provided an adequate number of sanitary garbage pickup areas on the campground site as determined by the Plan Commission. Said garbage pickup area shall be screened from view in accordance with this chapter and all other applicable Town regulations.

(5) Maintenance. Regular maintenance of campgrounds shall be adequate so as to preclude creation of any nuisance. Maintenance shall include such things as cleaning toilet facilities, collection of trash and garbage, upkeep of interior private driveways and roads, upkeep of beach areas, repair of recreational equipment, removal of noxious flora, control of pests, and replacement of burned-out outdoor lighting and luminaires.

(6) Fencing may be required. The Town may require that a fence be built to specifications which would serve to discourage trespassing on private property.

(7) Compliance with regulations. All campgrounds shall comply with all state, county, and local regulations.

G. Cemeteries, human. Cemeteries for humans shall meet the following requirements:

(1) State requirements. All requirements of the Wisconsin Statutes regarding the interment of human dead shall be met.

(2) Minimum required site area. A minimum required site size for the entire cemetery site shall be three acres.

(3) Off-street parking and maneuvering of funeral corteges. There shall be adequate space within the site for the parking and maneuvering of funeral corteges.

(4) Minimum interment setbacks. No interment shall take place within 50 feet of any adjoining lot line.

(5) Minimum structure setback. All structures shall be set back a minimum of 50 feet from any boundary line of the cemetery property, plus two feet for each one foot of structure height over 25 feet, to the maximum height permitted by the zoning district in which it is located.

H. Special standards for wireless communications towers, antennas, and associated accessory structures and facilities (including SIC No. 4812, "Radiotelephone Communications").

[Amended 6-24-2009 by Ord. No. 09-03]

(1) Applicability.

(a) All new communication antennas and communication towers in the Town shall be subject to these zoning regulations and all other applicable building and construction codes.

(b) All communication towers existing on June 24, 2009, shall be allowed to continue to be used as they presently exist. Routine maintenance (including modifications to accommodate the co-location of an additional user or users) shall be permitted on such existing towers. New construction, other than routine maintenance and modifications to accommodate co-location on an existing communication tower, shall comply with the requirements of this section.

(c) For communication antennas, replacement of antennas on a structure with different antennas shall be considered routine maintenance as long as the replacement antenna(s) does not increase the height of any structure other than the communication tower on which it is placed by more than 25 feet and the area (square footage) of the replacement antenna(s) is less than 50% more than the area (square footage) of the antenna that was permitted originally on the structure.

(d) For purposes of this section, a communication tower that has received final approval in the form of either a site plan approval or a building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is valid and unexpired as of June 24, 2009.

(2) Standards. The following special standards shall apply:

(a) Type of tower. A wireless communications tower (including SIC No. 4812, "Radiotelephone Communications") shall be a monopole tower. The Plan Commission may consider other tower designs in place of the use of a monopole tower design if the Plan Commission determines that said other tower design is:

[1] More compatible with the architecture of the surrounding neighborhood area.

[2] Not more visually obtrusive than a monopole tower design.

(b) Interference with air traffic prohibited. The proposed antenna(s) or antenna structure shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport and must meet the applicable Federal Aviation Administration regulations.

(c) Interference with radio and television reception prohibited. The proposed antenna or antenna structure shall not result in interference with radio and/or television reception in nearby residential or nonresidential areas based upon the applicable Federal Communications Commission regulations.

(d) On-site location requirements. The tower shall be located on the site pursuant to the drawings submitted by the applicant as part of the application.

(e) Maximum height. The tower and antenna support structures shall not exceed a maximum height of 200 feet.

(f) Towers and antenna structures to be structurally self-supporting. The tower and antenna structures shall be structurally self-supporting without the use of guy wires and shall be designed by a structural professional engineer licensed in the State of Wisconsin.

(g) Advertising and signage. No form of advertising or signage (other than warning or equipment information signage) shall be allowed on the antenna, antenna structure, base, or framework. This prohibition shall include but not be limited to any flag, pennant, whirling object, banner, inflatable device, or other article attached to a string or line.

(h) Cable installation. All cable to and from the antenna and/or antenna structure shall be installed underground.

(i) Applicant and/or owners to allow at least five service providers to use antenna facilities. In the case of wireless communications towers, the applicant shall allow the sharing of the antenna support facilities among five or more service providers through the use of a co-location agreement. The holder of a special use permit for an antenna support facility shall not make access to the antenna support facility and site economically unfeasible. If additional user(s) demonstrate (through an independent arbitrator or other pertinent means) that the holder of a special use permit for an antenna support facility and site has made access to such antenna support facility and site economically unfeasible, then the special use permit for said facility shall become null and void.

[1] All antenna support facilities shall be designed structurally, electrically, and in all respects to:

[a] Accommodate both the applicant's antennas and comparable collocated antennas.

[b] Allow for the future rearrangement of five or more antennas upon the communication structure.

[c] Accept antennas mounted at varying heights provided said heights do not exceed the maximum height approved or the height of the approved communication tower.

[2] No additional antenna towers shall be constructed on the entire property until the subject antenna tower has reached the above stated minimum total number of co-location users.

[3] If the applicant is not collocating (sharing space) on the proposed communication tower of another communications provider, the applicant shall provide evidence that it has made diligent but unsuccessful efforts to collocate its antenna and associated equipment on an existing structure, and evidence that the applicant has made diligent but unsuccessful efforts to locate the proposed communication tower on suitable government-owned property, prior to any consideration being given to the proposed new site plan and special use application.

(j) Security. The base of the tower and its associated accessory structures shall be fenced and secured so that they are not accessible by the general public. All fencing shall meet the applicable fence requirements of the Town.

(k) Removal of antenna facilities upon abandonment.

[1] In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Zoning Administrator, based upon documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon the Zoning Administrator's determination of such abandonment, the owner/operator of the tower shall have an additional 180 days within which to:

[a] Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

[b] Dismantle and remove the tower.

[2] At the earlier of 180 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any exception and/or variance approval for the tower shall automatically expire.

[3] The property owner shall sign, as a condition of issuance of a special use permit, an agreement (subject to the Town Attorney's review and approval) and record (with the Washington County Register of Deeds, as applicable) as a deed restriction to remove the communications tower, antenna(s), and associated accessory structure(s) and/or facility(ies) within 180 days of the determination of such abandonment, including a provision in said agreement that the Town of Barton may cause such removal to be performed and levy the cost thereof, including direct costs (i.e., contractual costs, personnel and legal expenses) and overhead expenses (to be calculated at 125% of all direct costs), as a special charge against the property.

[4] In conjunction with said removal, the Town of Barton shall have full access to both the tower site and all access and/or utility easements associated with said facilities.

(l) Anchoring. The communications tower shall be securely anchored to the ground.

(m) Lighting. The communications tower shall not be artificially lighted except to assure human safety, unless required by the Federal Aviation Administration or other applicable authority.

(n) Color. The communications tower shall be left in its galvanized steel color or painted a gray finish.

(o) Outdoor storage. There shall be no outdoor storage of any vehicles, equipment, or other goods permitted in conjunction with communications towers, antennas, and associated accessory structures and facilities. This section does not apply to overnight storage of vehicles or equipment necessary for the construction or repair of the communications tower(s), antennas, and associated accessory structures and facilities.

(p) Maintenance. All communications towers, antennas, and associated accessory structures and facilities shall be maintained in a clean, sanitary, and safe manner and kept free from trash, refuse, and debris. In addition, all communications towers, antennas, and associated accessory structures and facilities shall be maintained in accordance with all applicable local, state, and federal regulations. If the property owner should fail to fulfill the obligation of said maintenance, the Town of Barton may cause such maintenance to be performed and levy the cost thereof, including direct costs (i.e., contractual costs, personnel and legal expenses) and overhead expenses (to be calculated at 125% of all direct costs), as a special charge against the property. In conjunction with the performance of said maintenance, the Town of Barton shall have full access to both the tower site and all access and/or utility easements associated with said facilities.

(q) Landscaping required and landscape plant material maintenance. Landscape plant materials consisting of coniferous trees shall be required to be installed on the perimeter of all communications towers, antennas, and associated accessory structures and facilities which are to be a minimum of eight feet in height at the time of installation. Said coniferous trees shall visually obscure from view from surrounding areas all associated accessory structures and facilities. All landscape plant materials shall be maintained in a live condition at all times. Any plant materials included in the approved landscape plan that do not survive shall be replaced with plant material(s) of the same or like species of equal size within the next planting season, but in any event within six months of the plant's demise. The property owner shall make said replacement. If the property owner should fail to fulfill the obligation to replace said landscape plant(s) within said period, the Town of Barton may cause such replacement to be performed and levy the cost thereof, including direct costs (i.e., contractual costs, personnel and legal expenses) and overhead expenses (to be calculated at 125% of all direct costs), as a special charge against the property. In conjunction with the performance of said landscape plant replacement, the Town of Barton shall have full access to both the tower site and all access and/or utility easements associated with said facilities.

(r) Federal Communications Commission (FCC) licensing required. No construction of the communications tower(s), antennas, and/or associated accessory structures and facilities shall be commenced until all applicable FCC licenses have been granted and copies of said FCC licenses have been furnished the Town of Barton.

(s) Minimum setback requirements. No portion of any wireless communications towers, antennas, and associated accessory structures and facilities shall overhang any property line. There shall be a setback from any adjacent property lines, right-of-way lines, and overhead power lines of sufficient radius around the tower or alternative tower structure (as measured from the extremities of the tower base or alternative tower structure base) equal to the tower height or alternative tower structure height (as applicable and as set forth in the special use permit), plus 25 feet, so that its collapse will be entirely contained on the property. This standard may be modified to a lesser requirement if the applicant submits written evidence from a structural professional engineer licensed in the State of Wisconsin which indicates that the tower is so designed that the collapse of the tower would require a lesser setback in order to entirely contain its collapse on the property upon which it is placed. All setbacks shall be measured from the base of the tower or alternative tower structure or associated accessory structures and facilities closest to the applicable property line. Tower or alternative tower structure setback requirements may be waived by the Town Plan Commission only under the following circumstances, as determined by the Town Plan Commission:

[1] The communications antennas and associated accessory structures and facilities are proposed to be located on an existing, legally established tower or alternative tower structure, building or accessory structure; and

[2] Overall, the reduced setback enables the further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(t) Minimum distance of communication towers from residential zoning districts and residential structures.

[1] Regardless of the zoning district in which a communication tower is located, the tower shall be at least 200 feet from the nearest residential zoning district lot line, except that the tower shall be at least 250 feet from the nearest residential lot line of any single-family residence.

[2] Distances shall be measured from the center of the base of the communication tower to the residential lot line.

[3] Notwithstanding anything to the contrary in this chapter, no communication tower other than a monopole (freestanding) tower shall be located in any location adjacent to a residential lot, except that a communication tower necessary for provision of an essential service by a public utility adjacent to a residential lot is not limited to a monopole if the entity with the authority to approve the site plan determines that a different type of tower is necessary for provision of the essential service.

(u) Maps required to be submitted showing the number and location of all existing and potential locations of all antenna sites needed in the Town of Barton. The applicant for the initial communication tower special use shall prepare and submit (with the special use application) a plan showing the number and location of all existing and potential locations of all antenna sites needed in the Town of Barton to complete the communications network with the special use application. Propagation maps showing the existing and proposed signal of the carrier or service provider within all of the Town of Barton and within six miles of the Town of Barton boundary shall be submitted with the special use application. Propagation maps submitted with the special use application shall include areas serviced through roaming agreements with other service providers, if applicable.

(v) Site plan and landscape plan required. A site plan meeting the requirements of § 500-149 of this chapter shall be required. A landscape plan meeting the requirements of § 500-154 of this chapter shall be required.

(w) Nonconforming communication towers. To the extent set forth herein, the restrictions on nonconforming uses and structures contained in Article XIII are modified and supplemented by this section. Legal nonconforming communication towers or antennas that are damaged or destroyed may be rebuilt and all such towers or antennas may be modified or replaced without meeting the minimum distance requirements specified within this Subsection H, provided that the replacement structure shall not be placed less of a minimum distance to abutting property lines than the original structure. The type, height, and location of the tower on the site shall have no greater impact on the adjacent property than the original facility approval. Building permits to rebuild the tower shall comply with all applicable Town codes and shall be obtained within 180 days from the date the tower is damaged or destroyed. If no permit is applied for, or obtained, or if said building permit expires, the communication tower shall be deemed abandoned as specified in Subsection H(2)(k) hereinabove.

(x) Facilities exempt from this section. The following wireless communications towers, antennas, and associated accessory structures and facilities are exempt from the provisions of this Subsection H:

[1] A ground- or building-mounted receive-only radio antenna, television antenna, or internet antenna which does not exceed 40 feet in height and which is used solely by the occupants of a dwelling located in a residential zoning district.

[2] A ground- or building-mounted receive-only radio or television satellite dish that does not exceed one meter in diameter in any zoning district.

[3] A citizens band radio tower and antenna that does not exceed 40 feet in height.

[4] A tower and antenna(s) used in the amateur radio service that does not exceed 75 feet in height.

[5] Microwave dish antennas for private home use.

[6] Towers, equipment facilities, and antennas that existed prior to the effective date of this subsection (June 24, 2009).

[7] Governmental-owned and/or -operated wireless communications towers, antennas, and associated accessory structures and facilities (including SIC No. 4812, "Radiotelephone Communications"). However, all towers and antennas constructed and maintained in the Town of Barton shall comply with all other applicable local, state, and federal laws.

[8] Handheld telecommunications devices such as cell phones, business-band mobile radios, walkie-talkies, portable radios, cordless telephones, garage door openers, and similar devices.

I. Convenience stores. Convenience stores shall meet the following requirements:

(1) Direct access to arterial streets required. All convenience stores shall have direct access to an arterial street which is a federal-, state-, or county-designated highway, except where it is part of a nonresidential development where access is provided by a parallel access road, or reverse frontage road, where nonresidential uses will be on both sides of the street.

(2) Required additional landscape buffer yard when abutting residential zoning districts. When abutting a residential zoning district, convenience stores shall provide an additional one buffer yard intensity level factor to that already required under the provisions set forth in § 500-132 of this chapter.

(3) Screening of all loading, storage, and garbage or waste facilities. All loading, storage, and garbage or waste facilities shall be fully enclosed and screened from view as deemed appropriate by the Plan Commission. Under no circumstances, however, shall such requirements be less than those specified elsewhere in this chapter.

(4) Architectural design. All convenience stores adjoining residential uses and zoning districts shall have pitched roofs matching the rooflines of adjoining residential structures. Each convenience store building shall use the same architectural materials on all sides of the building.

(5) Fuel pump number and location. The total maximum number of fuel pumps allowed at any convenience store shall be four. Any fuel pumps, underground fuel storage tanks, and islands shall be at least 100 feet from any street or abutting lot line and meet all other State of Wisconsin regulations.

(6) Canopies. The canopies provided over the pump islands of convenience stores with gas pumps shall meet the yard requirements of a principal structure. In addition:

(a) Obstruction of visibility at rights-of-way prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.

(b) 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.

(c) 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.

(d) Maximum height. Under no circumstances shall the canopy be higher than 25 feet.

(e) Signs not permitted. No signs shall be permitted on canopy roofs or fascia.

(7) Lighting. The off-street parking and fueling area may be illuminated. Total cutoff of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground and so that no light can be viewed from any abutting residential zoning districts. Maximum footcandle levels allowed are set forth in Article XIX of this chapter for the zoning district in which the convenience store is located.

(8) Hours of operation. Hours of operation shall be established by the Town Board.

J. Firing range, small arms. Firing ranges for small arms shall meet the following requirements:

(1) Minimum parcel size. The minimum size of the site shall be 20 acres.

(2) Maximum caliber allowed to be fired. The maximum caliber for rifled barrels used shall be determined by the Town Board.

(3) Projectile-proof backstop required. A projectile-proof backstop, consisting of concrete, steel, earth or a combination thereof, at least 15 feet high, shall be erected and maintained behind all target areas.

(4) Nuisances prohibited. The use shall not constitute a nuisance or be a hazard to life or property as determined by the Town of Barton.

(5) Maximum noise level. The noise level shall not exceed 55 dBA at the property boundary line.

(6) Hours of operation. The hours of operation shall be determined by the Town Board.

(7) Design and safety standards. The design and safety standards of the National Rifle Association, the National Skeet Shooting Association, and the Amateur Trap Shooting Association shall be met as applicable and as determined by the Town Board.

(8) Proximity to residential districts. The use shall not abut or be located within 1,000 feet any residential zoning district or any area planned for residential use as set forth in the Town of Barton Comprehensive Plan or component thereof.

(9) Term of special use permit. The special use permit shall be reviewed by the Town Board annually.

K. Gas stations (including gas stations with automotive repair facilities, and automotive repair facilities). Gas stations, gas stations with automotive repair facilities, and automotive repair facilities shall meet the following requirements:

(1) Direct access to arterial streets required. All gas stations shall have direct access to an arterial street which is a federal-, state- or county-designated highway, except where it is part of a nonresidential development where access is provided by a parallel access road or reverse frontage road where nonresidential uses will be on both sides of the street.

(2) Required additional landscape buffer yard when abutting residential zoning districts. When abutting a residential zoning district, gas stations shall provide an additional two buffer yard intensity level factors to that already required under the provisions set forth in § 500-132 of this chapter.

(3) Screening of all loading, storage, and garbage or waste facilities. All loading, storage, and garbage or waste facilities shall be screened from view and fully enclosed within a masonry wall eight feet in height on a minimum of three sides. Under no circumstances, however, shall such requirements be less than those specified elsewhere in this chapter.

(4) Architectural design. All gas stations adjoining residential uses and zoning districts shall have pitched roofs matching the rooflines of adjoining residential structures. The building shall use the same architectural materials on all sides of the building.

(5) Fuel pump location. Any fuel pumps, underground fuel storage tanks, and islands shall be at least 100 feet from any street or abutting lot line and meet all other State of Wisconsin regulations.

(6) Canopies. The canopies provided over the pump islands of gas stations with gas pumps shall meet the yard requirements of a principal structure. In addition:

(a) Obstruction of visibility at rights-of-way prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.

(b) 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.

(c) 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.

(d) Maximum height. Under no circumstances shall the canopy be higher than 25 feet.

(e) Signs not permitted. No signs shall be permitted on canopy roofs or fascia.

(7) Lighting. The off-street parking and fueling area may be illuminated. Total cutoff of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground and so that no light can be viewed from any abutting residential zoning districts. Maximum footcandle levels allowed are set forth in Article XIX of this chapter for the zoning district in which the gas station is located.

(8) Repair services. All repair services shall be performed within a completely enclosed building and shall meet the following requirements:

(a) No more than the required off-street parking set forth under the provisions of § 500-118 shall be allowed.

(b) All storage of vehicles awaiting needed parts shall be within the building or in an enclosed or screened-in yard. The maximum number of vehicles stored shall be determined by the Town Board.

(c) All damaged or nonoperable parts shall be stored indoors until removed from the premises.

(d) An automotive repair facility shall store all vehicle parts within a completely enclosed building.

(e) The maximum allowable number of trucks used for service which can be parked at the site shall be determined by the Plan Commission as a condition of approval of the special use permit.

(9) Hours of operation. Hours of operation shall be established by the Town Board.

(10) State regulations. All applicable State of Wisconsin regulations shall be met.

L. Golf driving ranges. Golf driving ranges shall meet the following requirements:

(1) Minimum required site area. The site shall be a minimum of 15 acres in area and shall be of such configuration so as to permit a minimum driving distance of 300 yards from each proposed tee, exclusive of all required buffer yard areas.

(2) Additional site plan requirements. A site plan of the facility shall be submitted showing the layout of the property with all ranges, roughs, tees, structures, off-street parking areas, fencing, and proposed plant materials and location.

(3) Site lighting. Lighting used at the site shall be designed, located, and constructed so as to prevent glare and minimize reflection onto neighboring property. Those lighting standards set forth in Article XIX shall be adhered to.

(4) Minimum setbacks. Minimum setbacks for front, rear, and side yards shall be 100 feet.

(5) Direct access to arterial streets required. All golf driving ranges shall have direct access to an arterial street which is a federal-, state- or county-designated highway.

M. Heliports. Heliports shall meet the following requirements:

(1) Minimum site size. The area proposed for this use shall be sufficient in size, and the site shall otherwise be adequate to meet the standards for the type of facility proposed of the Federal Aviation Administration and the Department of Transportation in accordance with their published Rules and Regulations. In no case shall a site be less than 15 contiguous acres in area.

(2) Location of landing area on the site. Any proposed landing area shall be situated so that any structures, high-voltage power lines, towers, chimneys, and natural obstructions within the approach zones shall comply with regulations for height restrictions in airport approach zones of the Federal Aviation Administration, Wisconsin Division of Aeronautics, or other airport authority qualified by law to establish hazard zoning regulations. No planned approach areas shall be permitted over proposed residential areas. Landing and takeoff areas shall be located a minimum of 150 feet from any zoning lot boundary and a minimum of 500 feet from any dwelling unit or residential zoning district.

(3) Required off-street parking. In addition to those off-street parking requirements set forth in Article XVII of this chapter, one space for every helicopter space within a hangar or enclosed aircraft storage area, plus one space for every aircraft tie-down space, plus one space for every two employees shall be required.

(4) Minimum required setbacks. Any building, hangar, or other structure shall be at least 100 feet from any street right-of-way line. Hangars and repair facilities shall be set back at least 150 feet from any zoning lot boundary, and all other buildings shall be set back at least 50 feet from any zoning lot boundary.

(5) Repairs. All repair of airplanes and machinery shall be done inside hangars.

(6) Limitations on the location of nearby residential structures. Residential uses shall not be located within the approach path or within the 65 L_dn unless measures to achieve a noise-level reduction of 25 dBA (outdoor to indoor) are incorporated into the design and construction of the residential structures.

(7) Applicable federal, state, and local regulations to be met. Heliports shall meet all applicable federal, state and local regulations.

N. Helistops. Helistops shall meet the following requirements:

(1) Minimum site size. The area proposed for this use shall be sufficient in size, and the site shall otherwise be adequate to meet the standards for the type of facility proposed of the Federal Aviation Administration and the Department of Transportation, for the type of facility proposed, in accordance with their published rules and regulations.

(2) Location of landing area on the site. Any proposed landing area shall be situated so that any structures, high-voltage power lines, towers, chimneys, and natural obstructions within the approach zones shall comply with regulations for height restrictions in airport approach zones of the Federal Aviation Administration, Wisconsin Division of Aeronautics, or other airport authority qualified by law to establish hazard zoning regulations. Landing and takeoff areas shall be located a minimum of 150 feet from any zoning lot boundary and a minimum of 500 feet from any dwelling unit or residential zoning district.

(3) Limitations on the location of nearby residential structures. Residential uses shall not be located within the approach path or within the 65 L_dn unless measures to achieve a noise-level reduction of 25 dBA (outdoor to indoor) are incorporated into the design and construction of the residential structures.

(4) Applicable federal, state, and local regulations to be met. Helistops shall meet all applicable federal, state, and local regulations.

O. Kennels, commercial. Commercial kennels shall meet the following requirements:

(1) Solid waste and feces removal. The disposal of all feces and other solid waste generated by the kennel operation shall be reviewed and approved by the Washington County Planning and Parks Department.

(2) Required fencing. All runs and kennel area shall be fenced with chain-link, solid wood fencing or a masonry wall of a height to be determined by the Plan Commission. The fence or wall shall be of quality material and be neat in appearance.

(3) Noises, smoke, and odor. Any training of animals shall not include the use of loud noises (unless approved by the Town Board) or produce smoke or odor. The kennel facility shall not generate adverse, off-site noise or odor impacts.

(4) Humane Society of the United States (HSUS) guidelines to be used. Humane Society of the United States (HSUS) guidelines shall be used, at a minimum, for the flooring, walls between kennels, drainage, heating and cooling, cage sizes, and runs.

(5) Minimum required setbacks. All outdoor runs shall be a minimum of 150 feet from any residential zoning district and all exercise areas shall be a minimum 50 feet from any residential zoning district.

P. Mini warehouses. Mini warehouse facilities shall meet the following requirements:

(1) Limitations on use of facilities. Such facilities shall be used only for the storage of materials or articles and shall not be used for assembly, fabrication, processing, or repair.

(2) Services and sales activities prohibited. No services or sales shall be conducted from any storage unit. Garage sales and/or flea market type activities are prohibited.

(3) Practice rooms, meeting rooms, and residences prohibited. Facilities shall not be used for practice rooms, meeting rooms, or residences.

(4) Outdoor storage prohibited. No outdoor storage shall be permitted.

(5) Storage of explosive or highly flammable material prohibited. Storage of explosive or highly flammable material shall be prohibited.

(6) Storage of motor vehicles. Motor vehicles shall not be stored with batteries or fuel.

Q. Outdoor nursery and garden sales. Outdoor nursery and garden sales shall meet the following requirements:

(1) Outdoor sales of merchandise to be accessory to enclosed building. There shall be an enclosed building with outdoor sales of merchandise accessory to said building.

(2) No outdoor display permitted not accessory to enclosed building. No outdoor display shall be permitted which is not accessory to an enclosed building.

(3) Maximum area of outdoor sales. The overall area of any outdoor sales accessory use shall be determined by the Town Board.

R. Power-generation facilities. Power-generation facilities shall meet the following requirements:

(1) Direct access to arterial streets required. All power-generation facilities shall have direct access to an arterial street which is a federal-, state- or county-designated highway.

(2) Minimum required setbacks. Front, rear, and side yards shall be a minimum of 50 feet from all lot and public street right-of-way lines. When adjacent to a residential zoning district, yards shall be a minimum of 1,000 feet from said residential zoning district line.

(3) All applicable local, state, and federal environmental standards to be met. Proof of the ability to meet all applicable local, state, and federal environmental standards shall be provided.

S. Quarrying and extraction uses. The following shall be considered extraction uses: sand, clay, dolomite, shale, gravel, topsoil, or similar extractive operations, including borrow pits (excavations for removing material for filling operations). When applying for a change of zoning, the applicant shall provide the following plans and information in addition to what is otherwise required for a special use permit:

(1) Plans required.

(a) Plan of the general area required. Plan of the general area (within a six-hundred-foot radius of site) shall be prepared at a scale of 1,000 feet to the inch or less, with a ten-foot contour interval or less, to show:

[1] Existing data:

[a] Location of proposed site.

[b] Land use pattern, including all building locations and historical sites.

[c] The width, weight loads, types of surfaces and traffic data for all public streets.

[2] Site and geological data:

[a] Soil and geology with soil borings on a five-hundred-foot grid.

[b] Surface drainage patterns and watercourses.

[c] General groundwater movements and aquifer information.

[d] Aquifer recharge data.

[e] Vegetation cover in the site and dominant species noted.

[f] Climate, precipitation, predominant wind direction, and percentage of time.

[3] Proposed operation of the site:

[a] Type of material to be removed.

[b] Annual removal rate.

[c] Method of extraction, including types of equipment, use of conveyors, use of blasting materials.

[d] Supplementary processes, drying, grading, mixing or manufacturing.

[e] Estimated life of the operation and maximum extent of area disturbed, final depths, and sidewall slopes.

[f] Sediment erosion control plan meeting the requirements of this chapter.

[4] Other required plans and data.

(b) 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] Basic data.

[a] Soils and geology, with soil borings on a one-hundred-foot grid for storage facility areas.

[b] Detailed site-specific surface drainage patterns.

[c] Detailed groundwater movements and aquifer information.

[d] Detailed site-specific vegetation, with dominant species noted.

[2] Proposed usage.

[a] Interior road pattern, its relation to operation yard and points of ingress and egress to local, state and county streets and highways.

[b] Ultimate use and ownership of site after completion of operation.

(c) Plan of operation required. A plan of operation is required showing:

[1] Proposed tree and earthen berm screen locations as well as landscape plans for all required buffer yards. (See Article XVIII.)

[2] Soil embankments for noise, dust, and visual barriers, and heights of spoil mounds.

[3] Method of disposition of excess water during operation.

[4] Location and typical schedule of blasting.

[5] Machinery, type and noise levels.

[6] Safety measures and monitoring of complaints.

[7] Street, road and drive pattern.

[8] Final contours of area after extraction or disposal has been completed and prior to restoration.

[9] Estimated amount and description of aggregate and overburden to be removed.

[10] Source of water, if used.

[11] Location for storage of aggregate and overburden.

[12] Sedimentation and erosion control plan during operations.

[13] A plan for the continued maintenance of the Town roads used.

(d) End use plan and restoration requirements.

[1] An end use plan for the rehabilitation of the site after the extraction operation is completed shall be submitted and must be approved by the Plan Commission. Such plan shall show and provide for either a final end use or an open space use. If it is to be an open space use, documentation as to who shall own and maintain such site or restrictive easements must be presented as well as a final contour and site plan submittal. If there is an end use other than open space, then engineering data on the length of time needed for the restoration work to settle sufficiently to provide a stable base for the proposed end use shall be submitted. For all such uses, proper legal documents must be presented that outline:

[a] Post-operation maintenance procedures.

[b] Legal responsibility for any environmental pollution that occurs even if after the facility is closed.

[c] Financial ability to clean up any possible pollution that occurs even if after the facility closed.

[d] Final contours of area after extraction or disposal has been completed and prior to restoration.

[e] The owner or operator shall submit a plan for progressive restoration as the operation is being carried on.

[2] 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 special use permit, submit to the Plan Commission a plan for such restoration in the form of the following:

[a] An agreement with the Town of Barton whereby the applicant contracts to restore the premises to the agreed condition and within a time satisfactory to the Town.

[b] 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.

[c] 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 agreement.

[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 1 1/2 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 construction site erosion control requirements of this chapter.

[3] Planting.

[a] When planting is the final use to which the property is put, all 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 finished property using various types of plant material that prevent soil erosion and provide vegetative cover.

[b] When buildings are proposed as part of the final use to which the tract is put, planting in areas adjacent to proposed buildings shall be planted with a vegetative cover in keeping with the requirements of the ultimate building purposes.

[c] All buffer yards and associated plantings required under the provisions of Article XVIII of this chapter shall be met.

(2) Performance standards.

(a) Location.

[1] A quarry or extraction use shall take direct access via a road meeting the requirements of Subsection S(2)(e) below.

[2] No quarry or extraction operation shall be located in a wetland or one-hundred-year recurrence interval floodplain.

[3] The exterior wall elevation of a quarry or extraction use shall be at least four feet above the one-hundred-year recurrence interval flood elevation.

(b) Operations. Quarrying and extractive 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 excavation, quarry, or extraction use wall shall not be located within 125 feet from any public street right-of-way. The setbacks listed in Table 500-73S are required from the periphery of the subject property to any disposal area, excavation, quarry or extraction use wall, or storage area on the subject property. Setback distance is dependent upon both the zoning and land use district designation of adjacent property as set forth in the Comprehensive Plan (whichever designation, zoning or planned land use, would impose the stricter requirement).[2]

	Table 500-73S Minimum Required Setbacks from Abutting Zoning and Planned Land Use Districts for Quarrying and Extractive Operations
	Zoning and/or Planned Land Use District of Abutting Property	Minimum, Required Setback from Zoning and/or Land Use District Boundary Line (whichever is greater)
	All residential districts, including the PUD (residential) District (not owned by the quarrying or extractive operation)	1,200 feet
	All residential and PUD Districts (owned by the quarrying or extractive operation)	300 feet
	NHB, CB, FB and PUD (commercial) Districts	200 feet
	BP Districts	1.5 miles
	I District and PUD (institutional) Districts	1,200 feet
	PR District	300 feet
	LM and PUD (industrial) Districts	150 feet
	QE District	50 feet
	EA, AT, GA and HFA Districts	300 feet
	Landfills	500 feet
	100-year recurrence interval floodplains, wetlands, and shoreland wetlands	200 feet

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 S(2)(c) above may be reduced so that the top of the graded slope shall not be closer than 25 feet to any lot line, 75 feet to any street line, nor within 100 feet of any 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 disposal area or excavation 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.

T. Radio and television transmitting and receiving facilities. Radio and television transmitting and receiving facilities shall meet the following requirements:

(1) Interference with air traffic prohibited. The proposed structure would not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.

(2) Minimum tower setback requirements. The proposed tower shall be set back from the zoning lot line one foot for every three feet of height of the tower.

(3) Locational requirements for radio and television receiving dishes associated with radio and television transmitting and receiving facilities.

(a) A radio or television receiving dish shall be located within the rear yard of the property except for corner lots. On corner lots, the dish may be located in the portion of the lot which functions as a rear yard, but shall not be located closer to the street than front edge of the principal use (the portion of the principal use closest to the street). Any dish located within a required side yard shall be located behind (further from the street than) the principal structure on any lot abutting the side yard.

(b) On parcels or lots of a minimum size of five acres, radio and television receiving dishes shall not be located within required front and side yards.

(c) All dishes shall be screened from view from any street by a fence, wall, or hedge a minimum of six feet in height and 75% opaque.

U. Stables, public. Public stables shall meet the following requirements:

(1) Minimum lot area. The minimum lot area shall be 10 acres.

(2) Required minimum setbacks. Front, rear, and side yard setbacks shall be a minimum of 75 feet.

(3) Pasture location. Pasture location and setbacks are to be determined by the Town Board.

(4) Manure removal and general maintenance. Manure piles shall be stored, removed, and/or applied in accordance with applicable Town requirements. The operator of the stable shall be responsible for using good management practices to discourage undesirable odors, insects, and runoff.

(5) Stable location. All points on the perimeter of any stable building or corral shall be at least 75 feet from the nearest boundary line or right-of-way line of the parcel on which it is located.

(6) Feed and bedding storage. All feed and bedding shall be stored indoors.

(7) Plan of operation required. The applicant shall submit a plan of operation for the Plan Commission's and Town Board's review and consideration.