Town of Fulton, WI Introduction

Editor's Note: The Zoning Map is on file in the Town offices.

The following terms shall, for the purpose of this chapter, have the definition as stated in this section. Any other term contained in this chapter not defined in this section but vital to the interpretation of this chapter shall be construed to have a legal definition.

ACCESSORY BUILDING

Any structure, except the principal building, to include a detached garage unless otherwise noted, affixed to the land and built for support, shelter, or enclosure of persons, animals, chattel, or other movable property, not to be located on a lot prior to establishment of said principal building. (An accessory building shall not be utilized as a residence.)

ACCESSORY USE

Any use of land, water, or air on a lot, except the principal use, not to take place prior to establishment of said principal use on the lot.

ADULT ENTERTAINMENT

A building housing a business/commercial operation and/or activity in which any of the following take place:

Display, exhibition, distribution, and sale of books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and devices which depict, illustrate, describe, or relate to specified sexual activities, identified as any of the following:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human adamitism, analingus, bestiality, cunnilingus, coprophilia, fellation, flagellation, frottage, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy or urolagnia;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Any body part of a person treated or encountered by rubbing, stroking, kneading, or tapping by another person, accompanied by the display or exposure of specified anatomical areas, identified as any of the following:

(1)

Human genitals, pubic region, anus and anal cleft, or female breasts below a point immediately above the top of the areola, less than completely and opaquely covered*;

(2)

Human male genitals in a discernibly turgid state even if completely and opaquely covered*;

Allowance or encouragement of any person to undertake any of the following:

(1)

Display or exposure of human genitals, pubic region, anus and anal cleft, or female breasts below a point immediately above the top of the areola, less than completely and opaquely covered*;

(2)

Display or exposure of human male genitals in a discernibly turgid state even if completely and opaquely covered*.

NOTE:
*	Any covering, tape, pasty, latex spray or paint, or other device which simulates or otherwise gives the appearance of display or exposure shall not be considered an opaque covering, including but not limited to body paint, body dyes, tattoos, dried or wet liquid latex paint or spray, and similar substances.

AGRICULTURAL ACCESSORY USE

Any use of land, water, or air meeting any of the following:

A building, other structure, business, activity, or enterprise that is an integral part of or incidental to an agricultural use;

A farm residence, including normal residential appurtenances;

A business, activity, or enterprise meeting all of the following:

(1)

Conducted on a farm by the farm owner/operator;

(2)

Requiring no buildings or other structures other than those described in Subsection A or B of this definition;

(3)

Employing no more than four full-time employees annually;

(4)

Not impairing or limiting the current or future agricultural use of the farm, other lands in the Agricultural-Exclusive (A-E) Zoning District, or other lands protected through an agricultural conservation easement or other nonagricultural development restriction;

AGRICULTURAL USE

Any use of land, water, or air entailing any of the following conducted for the purpose of producing an income or livelihood:

Crop or forage production;

Keeping livestock or animal units;

Beekeeping;

Nursery, sod, or Christmas tree production;

Floriculture;

Aquaculture;

Fur farming;

Forest management;

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

AGRICULTURE-RELATED USE

Any use of land, water, or air having at least one of the following as a principal use:

Providing agricultural supplies, agricultural equipment, agricultural inputs, or agricultural services directly to farms in the Agricultural-Exclusive (A-E) Zoning District;

Storing, processing, or handling raw agricultural commodities obtained directly from farms in the Agricultural-Exclusive (A-E) Zoning District;

Slaughtering livestock from farms in the Agricultural-Exclusive (A-E) Zoning District;

Marketing livestock to or from farms in the Agricultural-Exclusive (A-E) Zoning District;

Processing agricultural by-products or wastes received directly.

AGRIVOLTAICS

A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.

[Added 8-10-2021 by Ord. No. 2021-09]

ANIMAL UNIT

An animal classification system, with 1,000 pounds of bison, four deer or camelids, and one horse/pony each equivalent to one animal unit. (For animals not identified in the aforementioned, and not identified as livestock as defined herein, the number of animal units for said animals shall be defined as the average weight of the animal divided by 1,000 pounds.)

ANTENNA

Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional structures or devices such as panels, microwave dishes, satellite dishes, and omni-directional antennas, including whip antennas.

APPLICANT

A landowner(s), or agent thereof having gained legal consent of said landowner(s), requesting Town review of and action on an application or other required submittal documents for a zoning and land use activity.

ARTERIAL ROAD (STREET)

A public right-of-way, including but not limited to federal and state highways, primarily serving or designated to serve the rapid movement of concentrated volumes of automobile traffic over relatively long distances and providing for movement between, rather than within, activity areas.

AUTOMOBILE

A self-propelled machine whose primary purpose is transportation, except a snowmobile or all-terrain vehicle, and requiring licensing under the jurisdiction of a state.

BASE FARM

All contiguous land that is part of a single farm in the Agricultural-Exclusive (A-E) Zoning District on July 14, 2015, regardless of any subsequent changes in farm size or composition, including ownership transfer or land division, indicating a fixed geographical area that remains constant over time.

BASEMENT

A story that is in whole or part underground.

BED-AND-BREAKFAST

Any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast, in accordance with § DHS 197.03, Wis. Adm. Code.

BOA (BOARD OF ADJUSTMENT)

The Town of Fulton Board of Adjustment authorized by the Town of Fulton Board, in accordance with § 62.37(7)(e), Wis. Stats., to hear and take action on specific requests by applicants for variances to and appeals of administration and enforcement of this chapter and any other ordinance rule, regulation, statute, or plan so related and under the Town's jurisdiction, not to include any appeal of denial of a driveway permit application.

BOARD

The Town of Fulton Board.

BOND

Any form of security including cash deposit, surety bond, collateral, letter of credit, property, or instrument of credit in an amount and form satisfactory to the Town.

BUILDING

Any structure affixed to the land and built for support, shelter, or enclosure of persons, animals, chattel, or other movable property, classified in this chapter as either principal or accessory, not to include towers, antennas, or yard features.

BUILDING ADDITION

Any modification to a building that increases the total square footage of said building.

BUILDING ALTERATION

Any modification to a building's supporting members, including but not limited to foundations, bearing walls, columns, beams, or girders, or any substantial modification to a building's roof structure or interior/exterior walls.

BUILDING ENVELOPE

The area of a lot in which building sites are allowed.

BUILDING HEIGHT

The vertical distance from the top of a building's roof, at its highest point, to the top of the building's basement or foundation, whichever is less.

BUILDING INSPECTOR

The Town of Fulton Building Inspector, a person designated by the Board to administer and enforce specified provisions of this chapter, with said person certified as a building inspector in accordance with the State of Wisconsin Uniform Dwelling Code.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS

A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot-water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

[Added 8-10-2021 by Ord. No. 2021-09]

BUILDING PLAN

A document submitted by an applicant if a specified building is proposed for location, construction, addition, or alteration on a lot, detailing various structural aspects of the building, in accordance with the State of Wisconsin Uniform Dwelling Code.

BUILDING SETBACK LINE

A line located at the road yard, rear yard, and side yards of a lot, between which lines and the lot lines buildings and specified other structures are prohibited.

BUILDING SITE PLAN

A document submitted by an applicant if a specified building is proposed for location, construction, addition, or alteration on a lot, detailing various geographical aspects of the building and building site.

CENTERLINE

A line parallel to the boundary lines of a street or right-of-way, bisecting said street or right-of-way into equal parts and separating vehicular or other traffic moving in opposite directions.

CLASS 1 LEGAL NOTICE

A legal notice, in accordance with Chapter 985, Wis. Stats., published once in the Town's Official Newspaper and identifying review of and/or action by the Town on a zoning and land use activity (and the geographical location thereof) at a public hearing, along with the hearing time, date, and location, so published at least seven days prior to said hearing.

CLASS 2 LEGAL NOTICE

A legal notice, in accordance with Chapter 985, Wis. Stats., published twice in the Town's Official Newspaper and identifying review of and/or action by the Town on a zoning and land use activity (and the geographical location thereof) at a public hearing, along with the hearing time, date, and location, so published at least two weeks and at least seven days prior to said hearing.

COLLECTOR ROAD (STREET)

A public right-of-way primarily serving or designated to serve moderate amounts of vehicular traffic between local and arterial streets, providing access to lots and for movement within, rather than between, activity areas.

CO-LOCATION

A single tower and/or site utilized by more than one communications provider.

CO-LOCATION: CLASS I

Substantial modification of an existing tower and/or associated facilities to allow use by more than one communications provider.

CO-LOCATION: CLASS II

Nonsubstantial modification of an existing tower and/or associated facilities to allow use by more than one communications provider.

COMMISSION

The Town of Fulton Plan Commission authorized by the Town of Fulton Board, in accordance with § 62.23(1), Wis. Stats., to administer and enforce specified provisions of this chapter.

COMMON OWNERSHIP

Ownership of land by the same person(s), or by persons that are all wholly owned by the same person(s), including joint tenancy and tenancy in common, to include land owned by one member of a married couple is deemed to be owned by the married couple.

COMMUNITY LIVING ARRANGEMENT

Any facility licensed, operated, or allowed under the authority of the Wisconsin Department of Health Services, not to include day-care centers, nursing homes, general hospitals, special hospitals, prisons, or jails, with said facility as identified in the following:

Child welfare agencies per § 48.60, Wis. Stats.;

Group foster homes for children per § 48.02(7), Wis. Stats.;

Community-based residential facilities per § 50.01, Wis. Stats.

COMMUNITY-SCALE SOLAR ENERGY SYSTEM

A commercial solar energy system that converts sunlight into electricity for the primary purpose of serving electric demands off site from the facility, either retail or wholesale. Community-scale systems are principal uses and projects typically covering less than one acre.

[Added 8-10-2021 by Ord. No. 2021-09]

COMMUNITY SOLAR GARDEN

A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off site from the location of the solar energy system. Also referred to as "shared solar."

[Added 8-10-2021 by Ord. No. 2021-09]

COMPREHENSIVE PLAN

The Town of Fulton Comprehensive Plan, a document adopted by the Town of Fulton Board to guide specified aspects of community planning and development, in accordance with § 66.1001, Wis. Stats.

CONDITIONAL USE

A use of land, water, air, buildings and other structures requiring special oversight and review, allowable under this chapter subject to issuance of a conditional use permit by the Town in accordance with § 425-4.3F of this chapter, not to include a permitted use.

CONDOMINIUM

A building and the associated grounds in which units of property, such as apartments, are owned by individuals and common parts of property, such as building(s) and grounds, are owned jointly by all unit owners, so classified herein as a multifamily residence.

CONFLICT OF INTEREST

A matter requiring action by the Board, Commission, or BOA in which an official of said Board, Commission, or BOA, an immediate family member of the official, or an organization with which the official is associated has a financial interest; or said official's use of his/her position in a manner that could produce or assist in the production of substantial benefit, whether directly or indirectly, for the official, an immediate family member of the official, or an organization with which the official is associated, as defined in § 19.42(2), Wis. Stats.

CONSERVATION DEVELOPMENT

A planned development and major land division (subdivision), in accordance with Sections 4.107 and 4.117, County Land Division and Management Ordinance, consisting of lots of reduced size and specifying building sites so as to provide for a more compact development pattern, and protection and preservation of environmentally sensitive areas, cultural resources, priority agricultural lands, woodlands, and/or open space.

CONSERVATION EASEMENT

An easement, in accordance with § 700.40, Wis. Stats., prohibiting construction and earth-disturbing activity detrimental to the intent and purpose of the easement.

CONTIGUOUS

Any lots/outlots sharing a common line, or any lots/outlots that would share a common line but separated by a river, stream, section line, or transportation, pipeline, or transmission line right-of-way, not to include lots/outlots sharing a corner point.

CORNER LOT

A lot abutting two or more roads (streets) at their intersection, provided the corner of such intersection has an angle of 135° or less measured on the lot side.

COUNTY LAND DIVISION AND MANAGEMENT ORDINANCE

Chapter 4, Subchapter 1, Part 1, Land Division and Management, Code of Ordinances, Rock County, identifying the process, standards, and requirements for all land divisions and other related development activities in Rock County.

CSM (CERTIFIED SURVEY MAP)

A map of a minor land division or identifying lands subject to a lot combination or an adjacent land sale or transfer, prepared by a land surveyor in accordance with § 380-13 of the Land Division Ordinance, Sections 4.112(1)(a) and 4.113(1)(a), County Land Division and Management Ordinance, and § 236.34, Wis. Stats., and submitted by an applicant in both a preliminary and final form.

CUL-DE-SAC

A local street with a singular automobile outlet containing an appropriate terminal for the safe and convenient reversal of traffic movement.

CULTURAL RESOURCES

Any building or structure, archaeological or cultural site, or historical marker in the State of Wisconsin Historical Society's Architecture and History Program, Archaeological Sites Inventory Program, or Historical Markers Program, or any building, structure, site, or marker so identified as a cultural resource in any Rock County or Town cultural resources inventory, plan, or program.

CUP (CONDITIONAL USE PERMIT)

A permit issued by the Town allowing a conditional use of land, water, air, buildings, or other structures.

DATCP

Wisconsin Department of Agriculture, Trade, and Consumer Protection.

DEMOLITION

The intentional destruction or damage to a building or other structure whereby less than 50% of the fair market value of said building or structure remains after such destruction or damage.

DRIVEWAY

A private right-of-way primarily serving or designated to serve as an automobile access to a lot from a public street.

EARTH-DISTURBING ACTIVITY

An activity entailing the movement of greater than two cubic yards of soil.

EASEMENT

A non-fee simple interest in land either allowing use of the land by a person(s) other than the landowner and/or restricting use of the land by the landowner.

EMERGENCY SHELTER

A building designed to protect persons from natural and man-made disasters, including but not limited to floods, windstorms, fires, social upheaval events, and acts of war.

ENVIRONMENTALLY SENSITIVE AREAS

Natural resource features listed in accordance with § 425-3-3M(2) and § 425-3-3N(2) of this chapter.

EXISTING LAND USE MAP

The Town of Fulton Existing Land Use Map, or similarly named map, as contained in the Comprehensive Plan and identifying general areas within the Town currently used for residential, commercial, light industrial, special, parks/outdoor recreation, agricultural, and other designated land uses.

EXPANDED LIVESTOCK FACILITY

The entire livestock facility that is created by the expansion, after May 1, 2006, including all livestock structures in the expanded facility, regardless of whether those structures are new, existing, or altered.

EXPANSION OF A LIVESTOCK FACILITY

An increase in the largest number of animal units kept at a livestock facility on at least 90 days in any twelve-month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an "expansion" unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any twelve-month period.

FAMILY

Any person or persons occupying one residence, whether or not related by blood or marriage.

FARM

Any land under common ownership and meeting either of the following:

The land produces at least $6,000 in annual gross farm revenues to the land owner or renter;

A majority of the land area is in agricultural use.

FARM ACRES

Any acreage in agricultural or open space use, including any residences, buildings, or other structures whose primary purpose is support of said use, in the Agricultural-Exclusive (A-E) Zoning District.

FARM OWNER/OPERATOR

Any person(s) holding title to land comprising a farm or any person(s) primarily responsible for the day-to-day operation of a farm.

FARM RESIDENCE

Any building located on a farm and meeting either of the following:

A single-family or two-family residence that is the only residence on the farm;

A single-family or two-family residence occupied by a farm owner/operator.

FARMSTEAD RESIDENCE

A residence and associated accessory buildings, existing on or prior to October 9, 1980, and the land on which they are located, formerly serving a farm in the Agricultural-Exclusive (A-E) or Agricultural-General (A-G) Zoning District.

FIELD ROAD

A private right-of-way whose primary purpose is to provide access to lands in agricultural use.

FLOODPLAIN

Lands identified as floodplain by the Federal Emergency Management Agency (FEMA), as delineated in accordance with the most current FEMA floodplain maps adopted by the Rock County Board of Supervisors.

FLOOR AREA

The combined total square feet on each floor of a building, measured from the interior face of exterior walls or from the centerline of a wall separating two buildings, not to include parking spaces, loading space for automobiles, automobile maneuvering areas within the building, or any space within the building where the floor-to-ceiling height is less than six feet.

FRONTAGE

The length of a lot abutting a road (street) on one side only and/or the length of the rear lot line of a lot abutting a surface water feature.

FULL WIDTH

The distance between the parallel boundaries of a street or right-of-way, measured perpendicular from said boundaries.

FUTURE LAND USE MAP

The Town of Fulton Future Land Use Map; or similarly named map, as contained in the Comprehensive Plan and identifying general areas within the Town appropriate for future residential, commercial, light industrial, special, parks/outdoor recreation, agricultural, and other designated land uses.

GARAGE

Any building or portion of a building, whether attached to or detached from a residence, whose primary purpose is storage of automobiles and associated personal property serving said residence, not to include any building or portion of a building whose primary purpose is to store or park automobiles for commercial/business purposes.

GENERAL PURPOSE DISTRICT

A unit of government, including counties, towns, cities, and villages, providing a wide array of vital services within their borders.

GRADE

The slope of a street specified in percent.

GRID-INTERTIE SOLAR ENERGY SYSTEM

A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

[Added 8-10-2021 by Ord. No. 2021-09]

GROSS FARM REVENUE

Gross receipts from agricultural uses on a farm less the cost or other basis of livestock or other agricultural items purchased for resale which are sold or otherwise disposed of during the taxable year, to include receipts accruing to a renter of agricultural land but not rent paid to the agricultural land owner.

GROUND-MOUNT

A solar energy system mounted on a rack or pole that rests on or is attached to the ground. Ground-mount systems can be either accessory or principal uses.

[Added 8-10-2021 by Ord. No. 2021-09]

HALF WIDTH

One-half of a road (street) or right-of-way measured perpendicular from the road (street) or right-of-way boundary to its centerline.

HOME OCCUPATION

Any employment activity designed to generate a profit and taking place in a residence, or garage or accessory building thereof, with the production and sale of any products or services so generated undertaken by the occupants of said residence, with only said products and services to be sold on the premises, subject to all of the following:

The activity shall be clearly secondary and incidental to residential use and shall not occupy more than 30% of the square footage of the residence;

The activity shall not significantly alter the character or appearance of the residence or property on which the activity is located, with storage or display of materials, goods, supplies or equipment related to the activity not visible outside any building or structure located on the property;

The activity shall not unreasonably interfere with residential occupancy of other adjacent or proximate properties;

The activity shall not create environmental, safety, or health hazards such as noise, light, odors, vibrations, electrical emissions, or other fire or safety hazards that are noticeably out of character with those produced by normal residential occupancy;

The activity shall generate no more traffic than that which is customary to adjacent and proximate residences and shall not involve the use of commercial vehicles for more than an occasional delivery to or from the property, nor the use of mechanical equipment other than that allowable for purely residential purposes;

The activity shall not display items for sale nor contain more than one sign used to identify the activity, with said sign to be nonilluminated and no more than three square feet.

HOME OFFICE

A building housing a home occupation.

IESNA

Illuminating Engineering Society of North America.

KENNEL

A facility wherein four or more dogs of six or more months of age, and/or more than two litters of dogs per year, are raised, confined and/or kept for the purpose of sale, boarding, breeding, or training.

LAND DIVISION

The act or process of dividing an existing lot/outlot into two or more lots/outlots normally for the purpose of ownership transfer or building construction or location, or the land area thereof.

LAND DIVISION ORDINANCE

Chapter 380, Subdivision of Land, Code of Ordinances, Town of Fulton, identifying the process, standards, and requirements for all land divisions and other related development activity in the Town.

LANDOWNER

Any person(s) having legal title to a lot, outlot, other land, or surface water in the Town.

LANDSCAPE PLAN

A document prepared by an applicant, in accordance with Sec. 4.112.(2) of the County Land Division and Management Ordinance detailing preservation, establishment, and maintenance of vegetation, including trees, shrubs, grasses, and other groundcover, on an area subject to residential, commercial, light industrial, or other type of development.

LARGE-SCALE SOLAR ENERGY SYSTEM

A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A large-scale solar energy system will have a project size greater than one acre and is the principal land use for the parcel(s) on which it is located.

[Added 8-10-2021 by Ord. No. 2021-09]

LESA (LAND EVALUATION AND SITE ASSESSMENT) MAP

A map created by the Town of Fulton, in accordance with Appendix C: Town of Fulton Land Evaluation and Site Assessment (LESA) System and Land Evaluation and Site Assessment (LESA) Map herein,[1] identifying lands in the Agricultural-Exclusive (A-E), Agricultural-General (A-G), and Residential-Rural Density Large (R-RL) Zoning Districts.

LESA (LAND EVALUATION AND SITE ASSESSMENT) SYSTEM

The Town of Fulton's Land Evaluation and Site Assessment (LESA) System, in accordance with Appendix C: Town of Fulton Land Evaluation and Site Assessment (LESA) System and Land Evaluation and Site Assessment (LESA) Map herein, created and utilized to identify lands suitable for designation in the Town's Agricultural-Exclusive (A-E) and Agricultural-General (A-G) Zoning Districts.

LIVESTOCK

Domestic animals traditionally used in the State of Wisconsin in the production of food, fiber or other animal products, to include cattle, swine, poultry, sheep and goats, but not to include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink.

LIVESTOCK ANIMAL UNIT

A livestock classification system as defined in § NR 243.03(3), Wis. Adm. Code, as of April 27, 2004, or subsequent amendments, as follows:

Livestock Type	Livestock Animal Unit Factor*
Milking and dry cows	1.4
Heifers (800 pounds to 1,200 pounds)	1.1
Heifers (400 pounds to 800 pounds)	0.6
Calves (up to 400 pounds)	0.2
Steers or cows (600 pounds to market)	1.0
Calves (less than 600 pounds)	0.5
Bulls (each)	1.4
Pigs (55 pounds to market)	0.4
Pigs (up to 55 pounds)	0.1
Sows (each)	0.4
Boars (each)	0.5
Layers (each)	0.01
Broilers (each)	0.005
Broilers, continuous overflow watering	0.01
Layers or broilers, liquid manure system	0.033
Ducks, wet lot (each)	0.2
Ducks, dry lot (each)	0.01
Turkeys (each)	0.018
Sheep (each)	0.1
Goats (each)	0.1

*	Animal unit factor is based on an average animal weight per growing cycle.

LIVESTOCK FACILITY

A feedlot, dairy farm or other operation where 500 or greater livestock animal units are or will be fed, confined, maintained or stabled for a total of 45 days or more in any twelve-month period, to include all of the tax parcels of land on which the facility is located, not to include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single "livestock facility" for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate "livestock facility."

LIVESTOCK STRUCTURE

A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility, to include a barn, milking parlor, feed storage facility, feeding facility, animal lot or waste storage facility, but not to include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.

LOCAL ROAD (STREET)

A public right-of-way of limited continuity primarily serving or designated to serve automobile traffic over relatively short distances, providing access to abutting properties within neighborhoods and to collector streets. (Frontage/service roads along arterial highways shall be considered local roads for the purpose of determining the building setback line along said frontage/service roads.)

LOT

A land area created by a land division or otherwise permitted by law to be sold or used as a principal building site and containing adequate size and dimension to meet all Town, Rock County, state, and any other applicable standards and regulations, including any nonconforming lot established and on file in the Rock County Register of Deeds Office prior to the effective date of this chapter and able to meet the minimum building setback line requirements, septic system, and water well requirements (including compliance with all applicable provisions of Chapter 6, Public Health, Code of Ordinances, Rock County) without obtaining a variance.

LOT AREA

The total square footage or acreage of a lot, excluding any public or private right-of-way or surface water feature.

LOT COVER

That portion of the ground under buildings and other structures on a lot, including but not limited to any constructed surface that prevents rain water from reaching the ground directly as it falls from the sky.

LOT LINES

The boundary lines of a lot.

MOA (MEMORANDUM OF AGREEMENT)

The Land Division and Development Activities Memorandum of Agreement, Town of Fulton and Rock County Planning, Economic and Community Development Agency, effective date April 20, 2012, contained as Appendix D herein,[2] constituting an agreement between the Town and said Agency, and identifying procedures for various land division and development activities, including the following:

Adjacent land sale or transfer;

Lot combination;

Public improvement design and construction;

Environmentally sensitive areas, cultural resources, productive agricultural soils, and woodlands protection and preservation;

Town building site permit.

MOBILE HOME

A building, transportable in one or more sections, which is eight body feet or more in width or 40 body feet or more in length in transport mode, or when sited on a lot is 320 or more square feet, constructed on a permanent chassis and designed to be used as a residence with or without a permanent foundation and complying with the standards established under 42 UCS 5401 to 5425 of the United States Department of Housing and Urban Development's Uniform National Construction Standards; or a building manufactured or assembled before June 15, 1976, designed for transport by an automobile and used or intended to be used primarily for human habitation, with walls of rigid uncollapsible construction and having an overall length greater than 45 feet, with the building to include plumbing, heating, and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

MOBILE HOME LOT

A land area within a mobile home park lot whose principal use is the siting of one mobile home.

MOBILE HOME PARK LOT

A lot whose principal use is to provide a location and accommodation for two or more mobile homes, including all buildings and other structures used or intended for use thereof, whether or not a charge is made by the lot owner for use of the lot and facilities thereon.

MONOPOLE

A tower utilized to accommodate antenna or similar equipment, consisting of a single pole sunk into the ground and/or attached to a foundation.

NEIGHBORHOOD DEVELOPMENT

A planned development and major land division (subdivision), in accordance with Sections 4.107 and 4.117, County Land Division and Management Ordinance, consisting of lots of reduced size, increased building densities, and differing land uses (residential, commercial/business, governmental/quasi-governmental, and outdoor recreation/open space) in close proximity so as to provide for a more compact development pattern and protection and preservation of environmentally sensitive areas, cultural resources, priority agricultural lands, woodlands, and/or open space.

NEW AGRICULTURAL LOT – A-E OR A-G

A lot on which agricultural or agriculture-related uses will occur, created from a base farm after July 14, 2015, in accordance with § 425-4-3H(2)(d)[1] of this chapter (applicable to land in the A-E Zoning District).

[Added 6-8-2021 by Ord. No. 2021-06]

NEW FARMSTEAD RESIDENCE LOT

A lot on which a residence and associated accessory buildings, existing on or prior to October 9, 1980, created from a base farm after July 14, 2015, in accordance with § 425-4-3H(2)(d)[1] of this chapter (applicable to land in the A-E Zoning District).

[Added 6-8-2021 by Ord. No. 2021-06]

NEW LIVESTOCK FACILITY

A livestock facility that will be used as a livestock facility for the first time, or for the first time in at least five years, not to include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding five years.[3]

NEW RESIDENTIAL LOT

A lot on which a residence is proposed to be located, created from a base farm after July 14, 2015, in accordance with § 425-4-3H(2)(d)[1] of this chapter (applicable to land in the A-E Zoning District).

[Added 6-8-2021 by Ord. No. 2021-06]

NONCONFORMING

Any lot, use of land, water, and air, and building or other structure which is lawful on the effective date of this chapter or an amendment or revision thereto, but which dimension, siting, construction, or use does not conform to the provisions of the current chapter so adopted.

NONFARM RESIDENCE

Any residence other than a farm residence.

OFF-GRID SOLAR ENERGY SYSTEM

A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

[Added 8-10-2021 by Ord. No. 2021-09]

OPEN SPACE

A land area intended to provide outdoor recreation opportunities and/or maintain and enhance ecosystem health, largely devoid of buildings, other structures, or other visible, intensive construction activities or products. (Any open space use in the A-E Zoning District shall be completely devoid of buildings, other structures, or other visible intensive construction activities or products.)

ORDINANCE

This chapter, Chapter 425, Zoning and Land Use, Code of Ordinances, Town of Fulton.

OUTLOT

A land area, other than a lot, not to be utilized as a building site and so designated on a plat of survey, certified survey map, or subdivision plat.

OUTLOT LINES

The boundary lines of an outlot.

OVERLAY ZONING DISTRICT

Standards and requirements applicable to all land, water, air, buildings, and other structures in a specified geographical area, superimposed on an underlying zoning district, with said standards and requirements not identified in the underlying district.

PARENT BASE FARM LOT

A lot in a base farm remaining after a new lot is created in accordance with § 425-4-3H(2)(d)[1] of this chapter.

[Amended 6-8-2021 by Ord. No. 2021-06]

PASSIVE SOLAR ENERGY SYSTEM

A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

[Added 8-10-2021 by Ord. No. 2021-09]

PEDESTRIAN WAY

A public or private right-of-way primarily serving or designated to serve the conveyance of foot traffic.

PERMITTED USE

Any use of land, water, air, buildings or other structures allowable by right under this chapter, not to include a conditional use.

PERSON

An individual(s), corporation, partnership, limited liability company, trust, estate or other legal entity.

PHOTOVOLTAIC SYSTEM

A solar energy system that converts solar energy directly into electricity.

[Added 8-10-2021 by Ord. No. 2021-09]

PLANNED DEVELOPMENT

A minor or major land division (subdivision), in accordance with Sections 4.107 and 4.117, County Land Division and Management Ordinance, in which building sites and construction are planned and undertaken as a single project, incorporating a variety of land uses and not subject to standard development design requirements.

PLAT OF SURVEY

A map of a minor land division or identifying lands subject to an adjacent land sale or transfer, prepared by a land surveyor in accordance with Sec. 4.107, County Land Division and Management Ordinance, and submitted by an applicant in both a preliminary and final form.

PRIME FARMLAND

Lands within the Agricultural-Exclusive (A-E) Zoning District containing Class I or Class II land capability classification, as identified by the United States Department of Agriculture Natural Resources Conservation Service.

PRINCIPAL BUILDING

The structure of primary use or importance on a lot, affixed to the land and built for support, shelter, or enclosure of persons, animals, chattel, or other movable property.

PRINCIPAL USE

The primary use of land, water, air, a building, or other structure on a lot/outlot.

PRIORITY AGRICULTURAL LANDS

Lands designated as Tier I Farmland Most Suitable on the Town of Fulton Land Evaluation and Site Assessment (LESA) Map as contained in Appendix C: Town of Fulton Land Evaluation and Site Assessment (LESA) System and Land Evaluation and Site Assessment Map as contained herein.[4]

PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS)

A sanitary sewer treatment and disposal system consisting of a septic tank and soil absorption field, or similar infrastructure, serving a building(s).

PROTECTED FARMLAND

Land meeting any of the following:

Located in the Agricultural-Exclusive (A-E) Zoning District;

Subject to a farmland preservation agreement in accordance with Chapter 91, Wis. Stats.;

Subject to an agricultural conservation easement in accordance with Chapter 91, Wis. Stats.;

Otherwise legally protected from nonagricultural development.

PUBLIC IMPROVEMENT

Any building or construction activity or product on a lot, or serving a lot, intended to increase the value of the lot and which a general purpose or special purpose district may ultimately assume operation and maintenance responsibility.

PUBLIC SANITARY SEWER SYSTEM

Sanitary sewer treatment and disposal infrastructure constructed and maintained by a general or special purpose district to serve the sewage treatment and disposal needs within their boundaries.

PUBLIC WATER SUPPLY SYSTEM

Water supply infrastructure constructed and maintained by a general or special purpose district to serve the clean water supply needs within their boundaries.

PUBLIC WAY

A right-of-way owned by a general or special purpose district, including but not limited to a street or pedestrian way, primarily serving or designated to serve the conveyance of automobile, bicycle, pedestrian, or other traffic.

REAR YARD

The area of a lot opposite the road yard and between the building setback line at the rear of the lot and its rear lot line, in which building and other specified structure sites are prohibited. (A corner lot shall have no rear yard and two road yards.)

RECREATIONAL VEHICLE

A self-propelled machine or towable object whose primary purpose is transportation and/or temporary human habitation for recreational purposes, requiring licensing under the jurisdiction of a state and not exceeding the minimum size of a mobile home in accordance with § 348.07(2), Wis. Stats.

RECREATIONAL VEHICLE LOT

A land area within a recreational vehicle park lot whose principal use is the siting of one recreational vehicle.

RECREATIONAL VEHICLE PARK LOT

A lot whose principal use is to provide a location and accommodation for two or more recreational vehicles, including all buildings and other structures used or intended for use thereof, whether or not a charge is made by the lot owner for use of the lot and facilities thereon.

RELATED LIVESTOCK FACILITIES

Livestock facilities that are owned or managed by the same person, and related to each other in at least one of the following ways:

They are located on the same tax parcel or adjacent tax parcels of land;

They use one or more of the same livestock structures to collect or store manure;

At least a portion of their manure is applied to the same landspreading acreage.

RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT

An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land, consistent with Wis. Stats. § 700.35.

[Added 8-10-2021 by Ord. No. 2021-09]

RESIDENCE

A building whose primary use is occupation by a family and requiring a permanent foundation, in accordance with the State of Wisconsin Uniform Dwelling Code, containing separate sleeping, kitchen, and bathroom facilities for each family within said building, so classified herein as either farm or nonfarm, and further classified herein as single-family (detached), two-family (attached), or multi- (three to eight) family (attached or detached).

RESIDENTIAL UNIT

A residence occupied by one family.

RIGHT-OF-WAY

A land area in public or private ownership primarily serving or designated to serve as the location of a transportation line, pipeline, or utility transmission line.

ROAD (STREET)

A right-of-way in public or private ownership, not including driveways, primarily serving or designated to serve automobile traffic and provide access within and/or between activity areas.

ROAD (STREET) RIGHT-OF-WAY

The boundary lines of a road (street) right-of-way to include all land dedicated or utilized for street (road) purposes, including but not limited to travel lanes, shoulder, ditches, backslopes, and terraces.

ROADWAY

The portion of a road (street) under pavement or other constructed surface.

ROAD YARD

The area of a lot between the building setback line and the adjacent boundary of the road (street) upon which the lot abuts, in which building and other specified structure sites are prohibited. (A corner lot shall have two road yards.)

ROOF-MOUNT

A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. Roof-mount systems are accessory to the principal use.

[Added 8-10-2021 by Ord. No. 2021-09]

ROOF PITCH

The final exterior slope of a roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, or 12/12.

[Added 8-10-2021 by Ord. No. 2021-09]

SEWER SERVICE AREA

A land area in which a general or special purpose district is able to provide public sanitary sewer system service given existing infrastructure and capacity, as delineated in either an Areawide Water Quality Management Plan (per § NR 121, Wis. Adm. Code), general purpose district comprehensive plan, or special purpose district plan or document.

SIDE YARD

The area of a lot between the building setback line on two sides of the lot and the adjacent side lot line(s), in which building and specified other specified structure sites are prohibited.

SIGN

Any illuminated or nonilluminated surface, fabric, device or display which bears lettered, pictorial, or sculptured matter visible from any public place and which advertises, identifies, or conveys information or directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently or temporarily installed or situated merchandise, emblem, or placard, and all associated structures and components thereof.[5]

SOLAR ACCESS

Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR CARPORT

A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR COLLECTOR

A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR DAYLIGHTING

Capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR ENERGY

Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR ENERGY SYSTEM

A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR HOT-AIR SYSTEM

Also referred to as "solar air heat" or "solar furnace." A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating, typically using a vertically mounted collector on a south-facing wall.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR HOT-WATER SYSTEM

A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR MOUNTING DEVICES

Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

[Added 8-10-2021 by Ord. No. 2021-09]

SOLAR RESOURCE

A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. standard time on all days of the year, and can be measured in annual watts per square meter.

[Added 8-10-2021 by Ord. No. 2021-09]

SPECIAL PURPOSE DISTRICT

A unit of government providing a single or few focused services within its borders.

STORY

The vertical portion of a building between the floor surface and the ceiling above and most proximate to said surface, and able to accommodate normal human activity, to include any basement having 1/2 or more of its height above the land surface.

SUBDIVISION PLAT

A map of a major land division (subdivision), prepared by a land surveyor in accordance with § 380-10 through 380-12 of the Land Division Ordinance, Sections 4.107, 4.112(1)(a), and 4.113(1)(a), County Land Division and Management Ordinance, and §§ 236.11 and 236.20, Wis. Stats., and submitted by an applicant in both a preliminary and final form.

SURFACE AREA

The square feet of a building or other structure which covers the ground or a surface water feature.

SURFACE WATER FEATURE

A river, lake, stream, or any other navigable water body in accordance with § 30.10, Wis. Stats.

TEMPORARY USE

Any use of land, water, air, buildings, or other structures with the duration of said use not to exceed one year.

TOWER

Any ground- or roof-mounted pole, spire, structure, or combination thereof with a height greater than 15 feet, including support lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an antenna, meteorological device, wireless communication infrastructure, or similar apparatus above grade, utilized for commercial or governmental purposes.

TOWN

The Town of Fulton, Rock County, Wisconsin, including the Town Board, Town Plan Commission, Town Zoning Administrator, Town Building Inspector, Town Board of Adjustment, Town Clerk, Town Attorney, or any other party so designated by the Town Board.

UNCLASSIFIED USE

Any use of land, water, air, buildings, or other structures not identified in Appendix A - Town Fulton - Permitted and Conditional Uses, as contained herein.[6]

UNDERLYING ZONING DISTRICT

Standards and requirements applicable to all land, water, air, buildings, and other structures in a specified geographical area.

UTILITY

Any entity, whether publicly or privately owned, which provides services to the general public, with said services including but not limited to electricity, gas, telephone, water, sanitary sewer, and television/internet cable.

UTILITY EASEMENT

A public or private right-of-way reserved for the location of utility lines and other utility infrastructure.

VIEWSHED

A natural or historic environment that is visible from one or more viewing points.

[Added 8-10-2021 by Ord. No. 2021-09]

WASTE

Manure, milking center waste, and other organic waste generated by a large livestock facility.

WASTE STORAGE FACILITY

One or more waste storage structures to include stationary equipment and piping used to load or unload a waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility, not to include equipment used to apply waste to land.

WASTE STORAGE STRUCTURE

A waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure, not to include any of the following:

A structure used to collect and store waste under a livestock housing facility;

A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.

WINTER GRAZING AREA

Cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30, not to include any of the following:

An area other than a pasture where livestock are kept during the period from May 1 to September 30;

An area which at any time has an average of more than four livestock animal units per acre;

An area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water;

An area in which manure deposited by livestock causes nutrient levels to exceed standards in § ATCP 51.16, Wis. Adm. Code.

WIND TURBINE

A structure and associated appurtenances whose primary purpose is to harness wind energy for use on the same lot on which the structure is located or a contiguous lot under common ownership, in accordance with §§ 236.292, 700.41, and 844.22, Wis. Stats.

WIRELESS COMMUNICATIONS FACILITY

An unstaffed building and associated appurtenances whose primary purpose is the transmission and reception of radio or microwave signals used for commercial communications.

WOODLANDS

Lands comprising five acres or more of contiguous deciduous and/or coniferous vegetation.

YARD FEATURE

Any structure normally found in a yard that can be moved with relative ease, including but not limited to tool houses, fences, temporary above-ground pools, hard surface sport/play areas, play equipment, arbor walks, steps, railings, terraces, trellises, pet houses, birdhouses/feeders/baths, swing sets, sandboxes, compost storage, sprinkler systems, landscape lighting, retaining walls, and clothes lines, not to include any building or tower/antenna.

ZONING ADMINISTRATOR

The Town of Fulton Zoning Administrator, a person designated by the Board to administer and enforce specified provisions of this chapter.

ZONING MAP

The Official Zoning Map, Town of Fulton, Wisconsin, a map identifying the zoning district designation of all land and water in the Town of Fulton and so adopted by the Town of Fulton Board.[7]

[1]

Editor's Note: Said map is included as an attachment to this chapter.

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

[3]

Editor's Note: The former definition of "new lot, residence, farmstead residence, or agriculture," which immediately followed this definition, was repealed 6-8-2021 by Ord. No. 2021-06.

[4]

Editor's Note: Said appendix is included as an attachment to this chapter.

[5]

Editor's Note: The former definition of "solar power facility," which immediately followed this definition, was repealed 8-10-2021 by Ord. No. 2021-09.

[6]

Editor's Note: Said appendix is included as an attachment to this chapter.

[7]

Editor's Note: The Zoning Map is on file in the Town offices.