Town of Fulton, WI Zoning and Land Use Activity Application Procedure

The following specific standards and requirements are applicable to individual zoning and land use activities identified in § 425-4-1A through J of this chapter:

Zoning (building site) permit. A zoning (building site) permit shall be required, per the MOA, in accordance with the procedure identified in the following (The Town has delegated authority to administer said procedure to the Rock County Planning, Economic & Community Development Agency, in accordance with Appendix D — Land Division and Development Activities Memorandum of Agreement — Town of Fulton and Rock County Planning, Economic and Community Development Agency.).

(1)

Application submittal. An applicant shall submit to the Rock County Planning, Economic and Community Development Agency a Town of Fulton Zoning (Building Site) Permit Application, or similarly named document, as available at the office of the Town Clerk or said Agency, and on the Town or said Agency website, and an application fee as determined by Board Resolution, all in accordance with Sec. 4.5(1) of Appendix D - Land Division and Development Activities Memorandum of Agreement — Town of Fulton and Rock County Planning, Economic and Community Development Agency herein (hereafter "Appendix D"),[1] and a building site plan in accordance with Sec. 4.4(1) of said Appendix D.

[1]

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

(2)

Application review. A designee of the Rock County Planning, Economic and Community Development Agency shall review an application for a zoning (building site) permit for compliance with this chapter and in accordance with § 425-4-2B(2) of this chapter and Sec. 4.5(2) of Appendix D herein.

(3)

Action. After review, a designee of the Rock County Planning, Economic and Community Development Agency shall approve, approve with conditions, or deny with findings a zoning (building site) permit application in accordance with Sec. 4.5(3) of Appendix D herein.

(4)

Issuance or denial notification. If a designee of the Rock County Planning, Economic and Community Development Agency approves the application for a zoning (building site) permit, said permit shall be issued to the applicant in accordance with Sec. 4.5(4) of Appendix D herein.

(5)

Completion. The applicant's zoning (building site) permit obligations shall be fulfilled in accordance with Sec. 4.5(5) of Appendix D herein.

(6)

Extension. If Subsection A(5) of this section is not completed within 12 months of issuance of the zoning (building site) permit to the applicant by a designee of the Rock County Planning, Economic and Community Development Agency, a permit extension shall be required to complete the permit obligations, in accordance with Sec. 4.5(6) of Appendix D herein.

Building permit. A building permit shall be required for specified building location, construction, addition, and alteration, and uses of land, water, and air, in accordance with the procedure identified in the following:

(1)

Required. A building permit shall be required for all of the following:

(a)

Construction, movement, or structural alteration of a building or other specified structure that changes the building/structure's use or increases its floor area, not to include any building less than 100 square feet in surface area;

(b)

Repair or alteration of 50% or more of a building or other specified structure's fair market value, if said building/structure has been destroyed;

(c)

Update of any building or other specified structure's electrical wiring, plumbing, heating, ventilation, or air conditioning;

(d)

Construction of any permanent swimming pool intended for year-round use or new tower, or co-location: class II;

(e)

Substantial alteration of an existing land use.

(2)

Not required. A building permit shall not be required for any of the following:

(a)

Construction, movement, or structural alteration of a building less than 100 square feet in surface area, provided such building conforms to all building setback line, yard, and lot cover requirements in accordance with §§ 425-3-2 and 425-3-3 of this chapter;

(b)

Any improvement or alteration to an existing building or other specified structure where the materials and labor will be at a cost of $5,000 or less, with said improvement/alteration not entailing a structural change, a land use change, or encroachment into building setback lines, or a failure to meet any lot cover requirements, per §§ 425-3-2 and 425-3-3 of this chapter;

(c)

Maintenance repairs to a building or other specified structure that do not entail a structural change, to include but not limited to building re-roofing and re-siding;

(3)

Application submittal. If a building permit is required, in accordance with § 425-4-3B(1) of this chapter, an applicant shall submit to the Town a Town of Fulton Building Permit Application, or similarly named document, as available at the office of the Town Clerk and on the Town's website, an application fee as determined by Board resolution, not to exceed $500 or other monetary amount as set by § 66.0404(4)(d), Wis. Stats., for co-location: class II, and all of the following, if applicable:

(a)

Building site plan in accordance with Sec. 4-4(1) of Appendix D of this chapter;

(b)

Building plan in accordance with the State of Wisconsin Uniform Dwelling Code.

(4)

Application review. The Building Inspector shall review an application for a building permit for compliance with this chapter and in accordance with § 425-4-2B(2) of this chapter.

(5)

Action. After review, the Building Inspector shall approve, approve with conditions, or deny with findings a building permit application within 10 business days of receipt of the application by the Town and shall notify the applicant of same within the aforementioned time period. If the applicant is not notified by the Building Inspector within the aforementioned time period, the application shall be deemed approved by the Building Inspector.

(6)

Issuance or denial notification.

(a)

If the building permit application is approved or approved with conditions, the Building Inspector shall issue a building permit to the applicant within 10 business days of receipt of the application by the Town. A building permit card shall be issued as part of the permit and shall be displayed at a prominent location on the building site, driveway, or adjacent public road. One copy of the application review form, containing the Town action, either approval, approval with conditions, or denial with findings, and the action date shall be provided to the applicant within 10 business days of said action.

(b)

No building permit shall be issued for construction of a new residence until a driveway is permitted and constructed in accordance with § 425-4-3C of this chapter, except in those instances where the final application of gravel or other approved surface on the driveway may occur after building permit issuance and after heavy equipment needed for new residence construction will no longer be utilizing the driveway.

(7)

Completion. The applicant's building permit obligations shall be fulfilled only if all of the following have been met within 24 months of issuance of the permit:

(a)

Construction, addition, or alteration of all buildings identified in the building plan are substantially completed;

(b)

All stormwater management, erosion control, landscaping, and final grading activities over which the Town has review authority, in accordance with any applicable ordinances, statutes, regulations, and plans, are completed.

(8)

Extension.

(a)

If § 425-4-3B(7) of this chapter is not completed within 24 months of issuance of the building permit to the applicant by the Building Inspector, a permit extension shall be required if the applicant wishes to complete permit obligations.

(b)

The applicant shall request a building permit extension from the Building Inspector and the Building Inspector shall issue said extension only if all of the following have been met:

[1]

Applicant requests the extension at least 10 days before the date which the permit is to expire;

[2]

Applicant provides to the Building Inspector reasonable information regarding the need for the extension, demonstrating that events leading to the extension request are beyond the control of the applicant and that no material change in the building plan has or is reasonably expected to occur during the duration of the extension;

[3]

The Building Inspector reviews the information per Subsection B(8)(b)[2] of this section and finds the information sufficient, and approves the extension;

(c)

A building permit extension may not exceed six months unless the Building Inspector approves an additional extension on a month-to-month basis, at the request of the applicant.

Driveway permit.

(1)

A driveway permit shall be required for any construction, improvement, or modification of a driveway providing access to a local (Town) road, with only one driveway allowed per lot, with the exception of a lot on which a two-family residence or multifamily residence is located, if the design of the residences or the lot's physical characteristics warrant additional driveways. A driveway shared by two or more lots may be required to provide access to lots without an existing driveway and shall be built on the shared lot line.

(2)

Any construction, improvement, or modification of a driveway shall be in accordance with the procedure identified in the following:

(a)

Application submittal. An applicant shall submit to the Town Clerk a Town of Fulton Driveway Permit Application, or similarly named document, as available at the office of the Town Clerk and on the Town's website, an application fee as determined by Board Resolution, and all of the following:

[1]

Engineer's plan prepared by a licensed engineer, if any of the following apply:

[a]

Driveway construction, improvement, or modification will disturb land with a slope of 25% or greater;

[b]

Driveway construction, improvement, or modification activity requires a retaining wall or other special erosion control measure as determined by the Town;

[c]

The Town requests a plan.

[2]

If an engineer's plan is required in accordance with Subsection C(2)(a)[1] of this section, said plan shall consist of a map drawn at a convenient scale and contain all of the following:

[a]

The location of the driveway or the segment of driveway that requires an engineer's plan;

[b]

The slope of the driveway showing no segment exceeding 13%;

[c]

The location and structure of any retaining walls;

[d]

The location and size of any culverts;

[e]

A cross-section of the driveway;

[f]

Required mulching, matting, or other erosion control;

[g]

The engineer's name, address, and signature and a statement from said engineer that he/she has fully complied with all provisions of this chapter.

[3]

Construction plan for all segments of the driveway construction, improvement, or modification not covered by an engineer's plan, with said plan consisting of a map drawn at a convenient scale and clearly identifying the lot lines, right-of-way, driveway, slope, soil, and any other information required by the Town;

[4]

Stormwater management and erosion control plan in accordance with Sec. 4.107, County Land Division and Management Ordinance and Chapter SPS 321.125, Wis. Adm. Code, if required by the Town.

(b)

Application review.

[1]

The Zoning Administrator or Building Inspector shall review an application for a driveway permit for compliance with this chapter and in accordance with § 425-4-2B(2) of this chapter. As part of the application review process, the Zoning Administrator or Building Inspector shall visit the site identified in the application.

[2]

The driveway identified in the Construction or Engineer Plan shall meet all of the following:

[a]

Adequate visibility of oncoming traffic at the point where the driveway adjoins the road, with an object 3.5 feet in height visible when viewed from the same height at said point, for speeds and distances identified in Figure VII as contained herein.

	Figure VII
	Posted Speed (miles per hour)	Minimum Sight Distance (feet)
	25	150
	30	200
	35	250
	40	325
	45	400
	50	475
	55	550

[b]

Adequate measures to ensure appropriate drainage and prevent diversion of surface water onto the adjoining road and/or other property, to include all of the following:

[i]

A ditch with the center of said ditch a minimum of 12 feet from the road centerline;

[ii]

A culvert at least 15 inches in diameter at the ditch line where the driveway adjoins the road, with a minimum culvert length of 20 feet and culvert endwalls required;

[iii]

A driveway surface that is level or lower than the adjoining road, with said surface containing a slight dip across the entire width of the driveway (located on the side of the culvert opposite the road), where the driveway adjoins the road;

[iv]

Roadway crowning.

[c]

A minimum finished surface width of 14 feet, horizontal clearance of 24 feet, and vertical clearance of 14 feet for any driveway greater than 100 feet in length, and a minimum finished surface width of 24 feet at the point where the driveway adjoins the road for all driveways, with no concrete surface to be placed in the road right-of-way. (Impervious surface may be allowed in said right-of-way, subject to review and approval by the Town, provided said surface is constructed in such a manner that it will not rise above the level of the adjacent road. In the event said surface rises above the aforementioned level, and if any Town equipment utilized to maintain or repair the road is damaged as a result of striking said surface, the landowner on which said surface is located shall be liable for equipment repair cost.)

[d]

A minimum of four-foot side slope on each side of the driveway and a maximum slope of one foot of vertical rise for each four feet of horizontal distance, calculated as 25% slope;

[e]

Side banks constructed using earthen materials and graded to a slope of no more than one foot of vertical rise for each three feet of horizontal distance, calculated as 33% slope, not to include any driveways for which retaining walls and/or other erosion control measures are installed as specified in an approved engineer's plan as identified in § 425-4-3C(2)(a)[1] of this chapter;

[f]

The driveway edge, at the centerline of the roadway ditch, located no closer than 20 feet from the edge of another driveway, and the driveway edge or culvert located no closer than five feet from any lot line, unless such driveway is jointly used by the adjoining landowners, pursuant to an easement or other document recorded with the Rock County Register of Deeds;

[g]

An inside radius of no less than 36 feet on all driveway curves;

[h]

All-weather access or hard pavement with at least six inches of two-inch rock on the driveway bed, covered with two inches of three-fourths-inch gravel, with any portion of the driveway within the road right-of-way required to be asphalt. (This provision may be modified if the applicant can show that a suitable roadbed base exists.)

[i]

For driveways greater than 400 feet in length, a turnaround within 50 feet of all building sites, with said turnaround having a minimum fifty-foot radius, or an "in-back-out" of at least 90° and 50 feet in length;

[j]

For driveways greater than 400 feet in length but less than 800 feet, a turnout near the driveway's midpoint, and in those instances where a driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart.

[3]

Section 425-4-3C(2)(b)[2] of this chapter may be waived or modified by the Town if the standards and requirements identified therein are deemed by the Town as imposing an unnecessary hardship on the applicant. Any request by an applicant for a waiver or modification to said standards and requirements shall accompany the initial driveway permit application and shall state the reason for the request.

(c)

Action. After review, the Zoning Administrator or Building Inspector shall approve, approve with conditions, or deny with findings a driveway permit application within 10 business days of receipt of the application by the Town and shall notify the applicant of same within the aforementioned time period. If the applicant is not notified by the Zoning Administrator or Building Inspector within the aforementioned time period, the application shall be deemed approved by the Zoning Administrator or Building Inspector.

(d)

Issuance or denial notification.

[1]

If the driveway permit application is approved or approved with conditions, the Zoning Administrator or Building Inspector shall issue a driveway permit to the applicant within 10 business days of receipt of the application by the Town. One copy of the application review form, containing the Town action, either approval, approval with conditions, or denial with findings, and the action date shall be provided to the applicant within 10 business days of said action.

[2]

Approval of a driveway permit application and issuance of a permit by the Town does not constitute a determination that the driveway is safe, suitable for use, or otherwise passable for the public. No person may rely on approval of an application or issuance of a permit to determine that a driveway is fit for any purpose.

[3]

All driveways within the Town are private and shall not be considered a public road. No private driveway may be dedicated to the public without acceptance and approval by the Board, and the Town shall not be responsible for maintenance, upkeep, or repair of any private driveway.

(e)

Completion.

[1]

The applicant's driveway permit obligations shall be fulfilled only if all of the following have been met within 12 months of issuance of the permit:

[a]

Construction, improvement, or modification of any driveway identified in the engineer's plan, in accordance with § 425-4-3C(2)(a)[2] of this chapter, and/or the construction plan, in accordance with § 425-4-3C(2)(a)[3], of this chapter are substantially completed;

[b]

[2]

The applicant shall notify the Zoning Administrator or Building Inspector within 30 days of completion of driveway construction, improvement, or modification. The Zoning Administrator or Building Inspector shall conduct an inspection of the driveway within 30 days of said notification to ensure compliance with the application and this chapter;

[3]

If surface runoff, accumulating debris, or other conditions created by driveways or field roads obstruct or become a potential hazard to a public road, the Town shall notify the property owner of such condition as a violation of this chapter in accordance with § 425-5-5C of this chapter. Any property owner failing to correct such conditions within 30 days of notice by the Town shall be subject to the penalties described in § 425-5-5F of this chapter.

[4]

All specified erosion control measures, including retaining walls, ditching, culverts, crowning, mulching, matting, and bank seeding, shall be implemented immediately after driveway construction, modification or alteration begins. For any driveway construction, modification, or alteration that begins in winter months, adequate erosion control measures must be implemented within 30 days of beginning construction, modification, or alteration and shall remain in place until other specified erosion control measures are available.

(f)

Extension. If § 425-4-3C(2)(e) of this chapter is not completed within 12 months of issuance of the driveway permit to the applicant by the Zoning Administrator or Building Inspector, a driveway permit extension shall not be made available to the applicant and the applicant shall be required to resubmit a driveway permit application, in accordance with § 425-4-3C(2)(a) of this chapter, if the applicant wishes to complete permit obligations.

Sign permit. A sign permit shall be required for location or construction of specified signs in the Town, in accordance with the procedure identified in the following:

(1)

Required. A sign permit shall be required for any sign located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered, with the exception of those signs identified in § 425-4-3D(2) of this chapter, which shall not require said permit:

(2)

Not required. A sign permit shall not be required for any of the following signs located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered:

(a)

Signs over show windows or doors. Any sign of a nonconforming business establishment identifying only the name and occupation of the proprietor placed over show windows or doors, not to exceed 20 square feet.

(b)

Agricultural signs. Any unlighted sign pertaining to the sale of agricultural products on a farm, produced on the premises and not requiring outside processing before they are offered for sale, or an unlighted sign pertaining to membership in agricultural or agricultural-related organizations, up to two signs with each sign face totaling not more than 32 square feet;

(c)

Real estate signs. Any sign which advertise the sale, rental, or lease of the premises upon which said sign is temporarily located, not to exceed 16 square feet;

(d)

Name, occupation, home office, or home occupation signs. Any sign identifying information pertaining to a home office or home occupation, not to exceed four square feet, located on the premises and limited to one sign per lot, and not closer than 50 feet between signs;

(e)

Bulletin boards of public, charitable, or religious institutions. Any sign identifying information pertaining to a public, charitable or religious institution, not to exceed 16 square feet and located on the premises;

(f)

Memorial signs. Any sign containing a tablet, building name, or construction date when cut into any masonry surface or when constructed of metal and affixed flat against a building or other structure;

(g)

Official signs. Any sign identifying official governmental information, traffic control, information, or notices, or parking restrictions;

(h)

Political message sign. Any sign containing a political message, as defined in § 12.04(1)(b), Wis. Stats., not to exceed 16 square feet, with said signs not to be placed in the road right-of-way;

[Amended 7-10-2018 by Ord. No. 2018-11]

(i)

Temporary signs or banners. Any sign placed and removed within 30 days.

(3)

Application submittal. An applicant shall submit to the Town Clerk a Town of Fulton Sign Permit Application, or similarly named document, as available at the office of the Town Clerk and on the Town website, and an application fee as determined by Board resolution.

(4)

Application review. The Zoning Administrator or Building Inspector shall review an application for a sign permit for compliance with this chapter and in accordance with § 425-4-2A(2) of this chapter.

(5)

Action. After review, the Zoning Administrator or Building Inspector shall approve, approve with conditions, or deny with findings a sign permit application within 10 business days of receipt of the application by the Town and shall notify the applicant of same within the aforementioned time period. If the applicant is not notified by the Zoning Administrator or Building Inspector within the aforementioned time period, the application shall be deemed approved by the Zoning Administrator or Building Inspector.

(6)

Issuance or denial notification.

(a)

If a sign permit application is approved or approved with conditions, the Zoning Administrator or Building Inspector shall issue a sign permit to the applicant within 10 business days of receipt of the application by the Town. One copy of the application review form, containing the Town action, either approval, approval with conditions, or denial with findings, and the action date shall be provided to the applicant within 10 business days of said action.

(b)

Before a sign permit is issued, and at the discretion of the Town, the applicant shall execute a bond or provide a letter of credit or cash deposit in a sum to be determined by the Town, not to exceed $25,000, with the form and type approved by the Town Attorney, indemnifying the Town against all loss, cost damages, or expense incurred or sustained by or recovered against the Town by reason of the erection, construction, or maintenance of a sign. A liability insurance policy issued by an insurance company authorized to do business in the State of Wisconsin and conforming to the requirements of this section may be allowed by the Town Attorney in lieu of a bond, letter of credit, or cash deposit.

Demolition permit. A demolition permit shall be required if a building or other specified structure is proposed for demolition in accordance with the procedure identified in the following:

(1)

Application submittal. An applicant shall submit to the Town Clerk a Town of Fulton Demolition Permit Application, or similarly named document, as available at the office of the Town Clerk and on the Town website, and an application fee as determined by Board resolution.

(2)

Application review. The Zoning Administrator or Building Inspector shall review an application for a demolition permit for compliance with this chapter and in accordance with § 425-4-2B(2) of this chapter.

(3)

Action. The Zoning Administrator or Building Inspector shall approve, approve with conditions, or deny with findings a demolition permit application within 10 business days of receipt of the application by the Town and shall notify the applicant of same within the aforementioned time period. If the applicant is not notified by the Zoning Administrator or Building Inspector within the aforementioned time period, the application shall be deemed approved by the Zoning Administrator or Building Inspector.

(4)

Issuance or denial notification. If the demolition permit application is approved or approved with conditions, the Zoning Administrator or Building Inspector shall issue a demolition permit to the applicant within 10 business days of receipt of the application by the Town. One copy of the application review form, containing the Town action, either approval, approval with conditions, or denial with findings, and the action date shall be provided to the applicant within 10 business days of said action.

(5)

Completion. The applicant's demolition permit obligations shall be fulfilled only if the demolition activity identified in the demolition permit application, in accordance with § 425-4-3E(1), is completed within six months of issuance of the permit;

(6)

Extension. If Subsection E(5) of this section is not completed within six months of issuance of the demolition permit to the applicant by the Zoning Administrator or Building Inspector, a demolition permit extension shall not be made available to the applicant and the applicant shall be required to resubmit a demolition permit application, in accordance with § 425-4-3E(1) of this chapter, if the applicant wishes to complete permit obligations.

Conditional use permit. A conditional use shall be allowed only after approval by the Town and issuance of a conditional use permit (hereafter "CUP"), in accordance with the procedure identified in the following:

(1)

Application submittal. An applicant shall submit to the Town Clerk a Town of Fulton Conditional Use Permit Application, or similarly named document, as available at the office of the Town Clerk and on the Town website, and an application fee as determined by Board resolution.

(a)

Livestock facility. A livestock facility conditional use permit application shall be subject to all of the following. [Note: All definitions as contained in ATCP 51 and applicable to a livestock facility CUP application and CUP as identified herein are hereby incorporated by reference.]

[1]

Compliance with both of the following:

[a]

Section 93.90, Wis. Stats., and § ATCP 51, Wis. Adm. Code, including any applicable forms;

[b]

All applicable building and/or property setback lines as identified in this chapter when said lines are consistent with § ATCP 51, Wis. Adm. Code.

[2]

All animal waste management facilities and waste management plans, per the Rock County Animal Waste Management Ordinance;

[3]

A stormwater management and erosion control plan, per the Rock County Construction Site Erosion Control Ordinance and the Rock County Storm Water Management Ordinance;

[4]

An applicant statement as to the maximum number of animal units that will be housed at the facility at one time;

[5]

Confirmation from the Rock County Planning, Economic, and Community Development Agency that they have reviewed the facility site and said site is not located in the County's Shoreland and Wetland Zoning District;

[6]

The applicant shall provide four copies of all state-mandated application materials to the Town, all in accordance with § ATCP 51.34, Wis. Adm. Code, and an application fee as determined by Board resolution but not to exceed $1,000 or other monetary amount, as set by said section. The Zoning Administrator shall provide written notice to the applicant as to the completeness of the application within 45 days of receipt of said application by the Town. If the application is deemed incomplete by the Zoning Administrator, said notice shall specifically describe additional application materials required by the Town.

[7]

If the applicant is to provide additional application information, per the written notice identified in Subsection F(1)(a)[6] of this section, and the applicant provides said additional information to the Zoning Administrator, the Zoning Administrator shall then provide another written notice to the applicant, within 14 days of receiving said information, that the application is complete.

[8]

Within 14 days of notification to the applicant that the application is complete, the Town shall notify all landowners adjacent to the lands identified in the application, in accordance with § ATCP 51.30(6), Wis. Adm. Code. The notice shall be in a form as contained in said section and mailed by first class to each of the aforementioned landowners.

(b)

Animal units/livestock animal units (non-livestock facility). An animal units/livestock animal units (non-livestock facility) conditional use permit application shall be subject to all of the following:

[1]

Compliance with both of the following:

[a]

Section NR 151, Wis. Adm. Code, including any applicable forms;

[b]

All applicable building and/or property setback lines as identified in this chapter when said lines are consistent with § NR 151, Wis. Adm. Code.

[2]

All animal waste management facilities and waste management plans, per the Rock County Animal Waste Management Ordinance;

[3]

A stormwater management and erosion control plan, per the Rock County Construction Site Erosion Control Ordinance and the Rock County Storm Water Management Ordinance;

[4]

An applicant statement as to the maximum number of animal units that will be housed at the facility at one time;

[5]

(c)

Manure irrigation. A manure irrigation conditional use permit shall be subject to both of the following:

[1]

Submittal of an emergency response plan;

[2]

Confirmation of the following:

[a]

All liquid animal waste byproducts (manure) have been analyzed by a DATCP certified lab to determine limiting nutrient (nitrogen or phosphorus);

[b]

The system shall not deliver any limiting nutrient (N-P) in excess of the crop needs identified in the nutrient management plan for any given year, under any conditions;

[c]

End guns shall not be utilized on any proposed center pivot irrigation system;

[d]

Only low-pressure nozzles on drop tubes will be used to reduce odor and drift;

[e]

Drop tubes shall be as close to ground surface as practicable;

[f]

Droplet size shall be greater than 200 µm mean diameter to minimize aerosolization and drift;

[g]

Applications shall be limited from late morning through early afternoon as odors disperse better when temperatures are rising;

[h]

All wind conditions shall be monitored, with pivot systems shut down when wind direction can impact neighbors;

[i]

Adherence to NR 445 Standards - Hazardous Air Pollutants;

[j]

No more than 10,000 gallons per acre day shall be dispersed through the system;

[k]

No runoff or ponding shall occur during application period and 24 hours after application has been completed;

[l]

The center pivot irrigation area shall not include any floodplain (NR 116), wetland, surface water quality management area, or direct conduits to groundwater (NR 243);

[m]

All applications shall only occur during period when biological processes are most active in the soil, June through late August;

[n]

The system shall not be run the day of or day after a rain event or until the soils are not considered saturated, as defined in NR 243;

[o]

Groundwater monitoring wells shall be installed if applicable;

[p]

A traveling gun manure application system shall not be approved under any conditions.

(d)

Wind turbine. A wind turbine conditional use permit application shall require all of the following:

[1]

A building site plan in accordance with Sec. 4-4(1) of Appendix D of this chapter[2] and building plan in accordance with State of Wisconsin Uniform Dwelling Code, to include identification of fencing and other anti-climbing devices;

[2]

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

[2]

Identification of and compliance with all applicable Town, Rock County, state, and federal construction codes, and all applicable utility regulations regarding interconnection and operation of interconnected systems;

[3]

A process for turbine removal if/when turbine use ceases;

[4]

Soil test data if the Town determines said data necessary to determine the adequacy of design.

(e)

Tower and antenna: new siting and construction or co-location: class I. A tower and antenna: new siting and construction or co-location: class I. conditional use permit application shall be subject to all of the following:

[1]

A plan for Rock County-wide coverage of the provider's antenna locations for existing and proposed towers, containing all of the following information:

[a]

Tower height and design, including a cross section and elevation;

[b]

Location of tower and support structure(s), equipment buildings, security structures, vegetation, lot lines, access road(s) and other significant features;

[c]

Height above grade for all potential mounting positions and co-located antennas and minimum separation distances between antennas.

[2]

A site plan containing all of the following information:

[a]

Tower capacity, including the number and type of antennas it can accommodate;

[b]

Steps the applicant will take to avoid interference with established public safety telecommunications;

[c]

Proof the proposed tower/antenna complies with the regulations set forth by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC);

[d]

Proof provided by a qualified and licensed professional engineer that the tower/antenna meets all applicable structural and electrical standards and requirements;

[e]

Engineer's stamp and registration number.

[3]

An application fee as determined by Board resolution, but not to exceed $3,000 or other monetary amount as set by § 66.0404(4)(d), Wis. Stats.

[4]

The Zoning Administrator shall provide written notice to the applicant as to the completeness of the application within five days of receipt of said application by the Town. If the application is deemed incomplete by the Zoning Administrator, said notice shall specifically describe additional application materials required by the Town.

[5]

If the applicant is to provide additional application information, per the written notice identified in Subsection F(1)(e)[4] of this section, and the applicant provides said additional information to the Zoning Administrator, the Zoning Administrator shall then provide another written notice to the applicant, within 10 days of receiving said information, that the application is complete.

(2)

Application review.

(a)

Upon receipt of the CUP application from the applicant, the Town Clerk shall provide notification by postal mail to the parties of interest, and all land owners and the clerk of any local government unit within 1,000 feet of the lot identified for the conditional use in the application, and shall publish a Class 2 Legal Notice, in accordance with § 985, Wis. Stats., listing the lime and place of a public hearing at which the CUP application will be reviewed by the Commission, and the proposed conditional use and its location, with said postal mail notification postmarked 10 days prior to said hearing.

[Amended 3-13-2018]

(b)

The Commission shall review a CUP application for compliance with this chapter and in accordance with § 425-4-2B(2) of this chapter, at a public hearing.

[1]

Agricultural-Exclusive (A-E) Zoning District. The Commission shall review all CUP applications in the Town's A-E Zoning District to ensure said application meets all of the following:

[a]

The use identified in the application and its location are consistent with the purpose and intent of the A-E Zoning District as identified in § 425-3-3A(1) of this chapter;

[b]

The use identified in the application supports in direct and significant ways, or will not conflict with or substantially impair or limit, existing or future agricultural uses of the lot on which the conditional use is proposed or agricultural uses on adjacent or proximate lands;

[c]

The use identified in the application and its location in the A-E Zoning District are reasonable and appropriate, considering alternate locations, or are specifically approved under state or federal law;

[d]

The use identified in the application is one that is most suitable in the A-E Zoning District, after review of the availability and suitability of locating the use in another zoning district;

[e]

The use identified in the application is reasonably located and designed to minimize conversion of land, at and around the use site, from agricultural or open space uses;

[f]

The use identified in the application is located on that portion of a lot which contains the poorest quality agricultural soils or that portion which would be the least productive for agricultural uses, with the use located as close as possible to other nonagricultural uses, all if feasible;

[g]

The use identified in the application is designed in a manner to ensure construction damage to land remaining in agricultural use will be minimal and repaired to the extent feasible;

[h]

If the application is for a nonmetallic mining use, said use shall be in compliance with all of the following:

[i]

Subchapter I of § 295, Wis. Stats. and rules promulgated under said subchapter;

[ii]

Applicable provisions of Chapter 4 — Subchapter 2 — Part 10 — Nonmetallic Mining Reclamation, Code of Ordinances, Rock County, including restoration of the affected land after the nonmetallic mineral mining operation is completed to a condition suitable for agricultural use, according to a written restoration plan;

[iii]

Any applicable standards and requirements of the Wisconsin Department of Transportation concerning the restoration of nonmetallic mineral use sites.

[2]

Livestock facility, animal unit/livestock animal unit (non-livestock facility), and manure irrigation. The Rock County Land Conservation Department and Commission shall review all livestock facility, animal unit/livestock animal unit (non-livestock facility), and manure irrigation CUP applications to ensure said application contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed use meets or is exempt from all standards and requirements identified in this chapter.

[3]

Tower and antenna: New siting and construction or co-location: class I. The Commission shall review all tower and antenna: new siting and construction or co-location: class I CUP applications within 90 days of receipt of a complete application in accordance with § 425-4-3F(1)(c) of this chapter, to ensure said application meets all of the following:

[a]

Siting and construction of towers and antennas, and necessary associated buildings, structures, and equipment (hereafter collectively "appurtenances"), shall balance the federal interest (Sec. 704 Telecommunications Act of 1996) regarding telecommunications towers and antennas with the Town interest in regulating land uses within its borders and the purpose and intent of this chapter as stated in § 425-1-3 herein;

[b]

Siting and construction of towers, antennas, and appurtenances shall be done in a manner so as to protect other uses from the potential adverse impacts of said antennas, towers, and appurtenances, encourage co-location, minimize adverse visual impact through design, landscaping, visual screening and camouflaging techniques, consider the health and safety of antennas, towers, and appurtenances, and avoid potential damage to property or individuals due to tower/antenna mechanical failure;

[c]

Siting and construction of towers, antennas, and appurtenances shall comply with all applicable Town, Rock County, state, and federal building codes, as well as applicable standards for towers and antennas published by the Electronic Industries Association;

[d]

Siting and construction of towers, antennas, and appurtenances shall be in a manner so as to blend in, to the fullest extent possible, with the character of adjacent and proximate lands and not be "readily visible," except as may be required by the Federal Aeronautics Administration or Federal Communications Commission;

[e]

Towers shall be monopole design unless engineering documentation is provided from a licensed professional engineer stating that such a design is not feasible, and in the event monopole design is not feasible, options for alternate tower designs shall be brought before the Commission for approval, with towers utilizing guy wires only not allowed;

[f]

Towers shall be designed structurally, electronically, and in all respects to accommodate the applicant's antenna and comparable antenna for up to two additional uses, to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights;

[g]

Towers shall not be artificially lighted unless required by the Federal Aeronautics Administration or other applicable authority, and if lighting is required it shall be designed in a manner so as to cause the least amount of disturbance as possible to any affected viewshed or property owners;

[h]

Towers shall comply with the obstruction and marking requirements of the Federal Aeronautics Administration in cooperation with the Federal Communications Commission, and if dual lighting systems are proposed for use, white strobe lighting only shall be used during daylight hours and red strobe lighting only shall be utilized during night hours;

[i]

No signs, other than warning or equipment information signs, shall be located on a tower;

[j]

Towers shall be set back from lot lines, easements, and streets (roads) a minimum of 105% of the tower's height, including antennas and lights, except as modified by § 66.0404(4)(g), Wis. Stats. If any portion of a lot is being leased for the tower, the boundary of the leased area shall be considered the lot line. Appurtenances shall comply with the requirements of the zoning district in which they are located:

[k]

A tower's minimum and maximum height shall be as follows:

[i]

Monopole and self-support: 200 to 300 feet;

[ii]

Monopole and guy wire: 301 feet or greater.

[l]

A tower shall be sited not less than 5,280 feet from another whether located in the Town or an adjacent local government unit, unless for reasons beyond the applicant's control, such as unusual or unique topography, with distances between towers measured by a straight line between the base of the towers;

[m]

Towers and antennas shall be shielded, filtered, and grounded in a manner consistent with Federal Communications Commission and the Electronic Industries Association guidelines so as to minimize the possibility of interference with locally received transmissions, and tower owner/operators shall execute an agreement with the Town holding the Town harmless for any transmission or reception interference caused by a tower/antenna;

[n]

Appurtenances shall be placed underground if feasible given site conditions and screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and compliments the character of the surrounding area. The tower base and appurtenances shall be fenced with materials impervious to sight and secured so as to make the site inaccessible to the general public. Fencing shall not exceed six feet in height and shall be painted or coated in non-reflective material;

[o]

The applicant shall demonstrate that the equipment planned for the proposed tower cannot be accommodated on an existing tower. The Town may determine that it is necessary to consult with a third-party considering the feasibility of accommodating said equipment on an existing tower, with all reasonable costs and expenses associated with such consultation borne by the applicant. The applicant may provide names to the Town of qualified third-party consultants. The consultant shall undertake due diligence and provide a report with sufficient data to substantiate all of the following:

[i]

No existing towers are located within the geographic region required to meet the applicant's engineering requirements;

[ii]

Existing towers are not of sufficient height to meet the engineering requirements;

[iii]

Existing towers do not have the structural capacity to support the applicant's proposed equipment and the existing tower cannot be reinforced, modified, or replaced to accommodate said equipment at a reasonable cost;

[iv]

Locating new equipment on an existing tower would cause interference affecting the usability of the other existing or planned equipment at the tower or the existing equipment would cause interference with the applicant's proposed equipment and the interference cannot be prevented at a reasonable cost.

[v]

The fees, cost, or contractual provisions required to share an existing tower are cost prohibitive.

[p]

Antennas mounted on buildings or structures not built specifically for the purpose of mounting said antennas shall meet all of the following:

[i]

No antenna, including all mounting structures, lights, and any additional equipment, shall exceed 10 feet above the roof surface upon which it is mounted;

[ii]

No more than four nonreflective panel antennas shall be installed, with the total area of antennas per provider not to exceed 1,440 square inches, and no single antenna to exceed 480 square inches;

[iii]

All antennas and support buildings/structures shall be screened from view and architecturally compatible with the building or structure on which it is mounted;

[iv]

All equipment enclosures shall be located underground if site conditions permit, or located within the building/structure on which the antenna is mounted, and said equipment shall be architecturally compatible with the building/structure.

[q]

The tower owner shall offer space for additional antennas at current market rates, if co-location is undertaken;

(3)

Recommendation and action.

(a)

General.

[1]

After review, the Commission, for any CUP application other than a livestock facility application, shall take action after a public hearing and approve, approve with conditions, or deny with findings the application.

[2]

After review, for a tower and antenna: new tower siting and construction or co-location: class I only, the Commission shall take action after a public hearing no later than 90 days from the date which the applicant was notified that the application was complete, in accordance with § 425-4-3F(1)(e)[5] of this chapter, and approve, approve with conditions, or deny with findings the CUP application.

(b)

Livestock facility.

[1]

After review, for a livestock facility CUP application only, the Commission shall take action after a public hearing no later than 45 days from the date which the applicant was notified that the application was complete, in accordance with § 425-4-3F(1)(a)[6] through [8] of this chapter, and recommend approval, approval with conditions, or denial with findings of the CUP application to the Board.

[2]

The Board shall review the livestock facility CUP application and the Commission's recommendation at a public hearing scheduled no later than 90 days from the date which the applicant was notified that the application was complete, in accordance with § 425-4-3F(1)(a)[6] through [8] of this chapter.

[3]

The Board shall take action after a public hearing and approve, approve with conditions, or deny with findings a livestock facility CUP application within 90 days of submission of an application by the applicant to the Town. The Board shall issue its decision in writing, and the decision shall be based on written findings of fact included in the decision. The findings of fact shall be supported by evidence in the record under § ATCP 51.36, Wis. Adm. Code. Findings may be based on presumptions created by said section. The Board may extend said ninety-day period for good cause, including but not limited to either of the following:

[a]

The Board needs additional information;

[b]

The applicant materially modifies the application or agrees to an extension.

[4]

If the Board extends the ninety-day period identified in Subsection F(3)(b)[3] of this section, the Board shall provide written notice to the applicant prior to expiration of said period, with the notice stating the cause for extension and specifying the date by which the Board will take action on the application.

(4)

Issuance or denial notification.

(a)

If the CUP application is approved or approved with conditions, the Town shall issue a CUP to the applicant within 10 business days of the Town approval action. One copy of the application review form, containing the Town action, either approval, approval with conditions, or denial with findings, and the action date shall be provided to the applicant and the Rock County Planning, Economic and Community Development Agency within 10 business days of said action. One copy of said form shall also be provided to DATCP within 30 business days of said action for any livestock facility CUP application.

(b)

Livestock facility. If a livestock facility CUP is approved in accordance with § 425-4-3F(3)(b), the CUP shall be subject to all of the following:

[1]

The permittee shall have a professional engineer, or a person with appropriate engineering job approval according to Natural Resources Conservation Service standards, certify in writing that all livestock buildings and waste storage structures were installed or closed as planned in the approved application.

[a]

A copy of said certification shall be provided to the Board within 30 days of completion of installation or closure and at least 10 days prior to the population of a livestock facility with the number of livestock animal units approved in the CUP, or a smaller number of livestock animal units if that number requires approval under this chapter.

[b]

Any approved changes made to the location or design of livestock or waste storage structures shall be specified in said certification.

[2]

The Town may conduct site inspections during and after construction to determine that all livestock and waste storage structures are installed or closed as identified in the approved application. If an inspection is required, the Town will provide the permittee with written notice. Upon written notice and with the consent of the permittee, the Town may enter upon the premises to inspect a livestock facility approved under § 425-4-3F(3)(b) of this chapter to determine compliance with the terms of the CUP so issued.

[a]

If permission cannot be granted from the permittee, entry by the Town shall be according to § 66.0119, Wis. Stats. Refusal to grant permission to enter lands as identified in the application in accordance with § 425-4-3F(1)(a) of this chapter for purposes of inspection shall be grounds for an order of non-compliance or for the denial, suspension, or revocation of a CUP.

[3]

The Board shall keep a complete written record of all information related to a livestock facility CUP application and retain said record for at least seven years following any Board action of approval, approval with conditions, or denial with findings on the application, with said record to include all of the following:

[a]

The application and all subsequent additions or amendments thereof;

[b]

A copy of any notices or correspondence that any Town official issued in relation to the application;

[c]

A record of any public hearing related to the application, in the form of an electronic recording, a transcript prepared from an electronic recording, or a direct transcript prepared by a professional court reporter or stenographer, with said record also to include any documents or evidence submitted by hearing participants;

[d]

Copies of any correspondence or evidentiary material that the Board considered in relation to the application;

[e]

Minutes of any Board or Commission meeting held to consider or act on the application;

[f]

The Board or Commission recommendation or action of approval, approval with conditions, or denial with findings in written form, and a copy of any Town ordinance, rule, regulation, or plan cited in said recommendation or action;

[g]

Other documents the Town prepared to document its decision or decision-making process.

(c)

Tower and antenna: new tower siting and construction or co-location: class I. If a tower and antenna: new tower siting and construction or co-location: class I CUP application is approved in accordance with § 425-4-3F(3)(c), the CUP shall be subject to all of the following:

[1]

Prior to issuance of a tower and antenna CUP, the applicant shall provide to the Town all of the following:

[a]

A performance bond in the amount of $20,000 to guarantee that the tower/antenna and appurtenances will be removed when no longer in operation. The Town will be named as obligee in the bond and must approve the bonding company.

[b]

Stipulation of submittal of a "Tower/Antenna Annual Information Review Report" (hereafter "report") on a form provided by the Town, on or before January 31 of each year. The purpose of the report is to provide the Town with accurate current information concerning the tower/antenna owner(s) and provider(s) offering or providing wireless communication services within the Town, and information on the wireless communication tower facilities so operated or utilized, so as to assist the Town in administration and enforcement of this chapter and ensuring Town compliance with Town, Rock County, state and federal standards and requirements.

[c]

The report identified in Subsection F(4)(c)[1][b] of this section shall include all of the following:

[i]

Tower/antenna owner and operator name(s), address(s), phone number(s), and relevant contact person(s);

[ii]

Proof of bond and proof of insurance;

[iii]

Number of co-location positions designated, occupied, or vacant in the Town, and evidence of compliance with this chapter.

[2]

Any tower/antenna not in operation for a continuous period of 12 months shall be deemed abandoned. The Town shall provide said tower and antenna owner written notice requiring removal of the tower, antenna, and associated buildings and structures (hereafter collectively "appurtenances") within 90 days of receipt by the owner of said notice. If the owner wishes to resume tower or antenna use after the tower or antenna has been deemed abandoned, the owner shall apply for a new CUP in accordance with the application process identified in § 425-4-3F(1)(e) of this chapter. If a new tower and antenna CUP is denied in accordance with said application process, the tower or antenna owner shall remove the tower, antenna, and appurtenances within 90 days of the denial action, with the owner restoring the area on which the tower, antenna, and appurtenances were located to the manner existing prior to installation. If the tower, antenna, and appurtenances are not removed within said ninety-day period, they shall be removed by the Town at the owner's expense. If a single tower is utilized by two or more entities, this provision shall not become effective until all said entities cease operation.

[3]

All towers/antennas issued a CUP in accordance with this chapter may be inspected annually by the Zoning Administrator to determine compliance with this chapter and any other applicable laws or regulations. Deviation from original construction parameters for which the CUP was issued shall constitute a violation in accordance with § 425-5-5B of this chapter.

(5)

Renewal or revocation.

(a)

All CUP, other than those issued for a livestock facility or tower and antenna: new tower siting and construction or co-location: class I, shall be reviewed annually at a public meeting by the Commission for renewal, subject to compliance with all CUP standards and requirements. A tower/antenna CUP shall be reviewed for renewal in accordance with § 425-4-3F(4)(c)[1] of this chapter.

(b)

A CUP, other than those issued for a livestock facility or tower and antenna: new tower siting and construction or co-location: class I, shall not be renewed if the Commission determines that the lot, building, or other structure for which the CUP was issued is not being used in compliance with the CUP standards and requirements or if the CUP is not actively utilized for a period of 12 months. Nonrenewal notification of any CUP by the Commission shall be done in accordance with the procedure identified in § 425-4-3F(4)(a) of this chapter. If a CUP is not renewed, the Commission shall require that use of said lot, building, or other structure be brought into compliance with all applicable provisions of this chapter within 60 days of said determination. Failure of the property to be brought into compliance within said timeline shall constitute a violation in accordance with § 425-5-5B of this chapter.

(c)

The Board may suspend or revoke a livestock facility CUP, or seek other redress as provided in § 425-5-5F of this chapter, if the Board finds any of the following:

[1]

The permittee materially misrepresented relevant information in the application or materially failed to honor relevant commitments made in the application without authorization from the Board;

[2]

The permittee fails to either populate the facility or begin construction on all livestock buildings and waste storage structures identified in the application within two years of issuance of the CUP;

[3]

The livestock facility fails to comply with all applicable standards and requirements of this chapter.

(d)

A CUP runs with the land, and an owner of the land upon which a CUP has been issued may voluntarily surrender said CUP, whereupon the CUP shall terminate and no longer run with the land.

Mobile home park license. A license shall be required for location, construction, expansion, or operation of a mobile home park in accordance with the procedure identified in the following:

(1)

Application submittal: preliminary. An applicant shall submit to the Town Clerk a Town of Fulton Mobile Home Park License Application, or similarly named document, as available at the office of the Town Clerk and on the Town website, a preliminary application fee as determined by Board Resolution, and a preliminary plan consisting of a topographic map at a convenient scale of not less than one inch equals 200 feet, identifying the immediate and adjacent area in which the mobile home park is proposed at two-foot contour elevation, proposed lot layout and location, bounding roads, and buffer strips;

(2)

Application review and action: preliminary. The Commission shall review an application for a mobile home park license for compliance with this chapter and in accordance with § 425-4-2B of this chapter at a public meeting. At this meeting, the Commission shall take action and preliminarily approve, approve with conditions, or deny with findings, the application. One copy of the application review form containing the Commission action shall be provided to the applicant within 10 business days of said action.

(3)

Application submittal: final. If the mobile home park license application is preliminarily approved or approved with conditions by the Commission in accordance with Subsection G(2) of this section, the applicant shall submit a final mobile home park license application to the Town Clerk, consisting of an application fee as determined by Board Resolution and the following:

(a)

A mobile home park general development plan, to include all of the following:

[1]

A certified survey map or subdivision plat showing existing features of the mobile home park lot;

[2]

A complete plan of the mobile home park lot drawn at a convenient scale of not less than one inch equals 100 feet;

[3]

The number, location and dimensions of all mobile home lots;

[4]

The location and width of streets, pedestrian ways, easements, building setback lines, planting strips, and recreation areas in the mobile home park lot;

[5]

The location of automobile parking areas and accessory buildings, if applicable, in the mobile home park lot;

[6]

The location and size of water, sanitary and storm sewers, electrical, telephone, fuel and television/internet cable service utility lines, if provided, in the mobile home park lot;

[7]

Plans and specifications of all buildings and other structures located or constructed or to be located or constructed within the mobile home park lot;

(4)

Recommendation and action: final.

(a)

After review of the final mobile home park license application, the Commission shall take action after a public hearing and make a recommendation to the Board to approve, approve with conditions, or deny with findings the mobile home park license application after review in accordance with § 425-4-3G(2) and (3) of this chapter, with said action based on compliance with all of the following:

[1]

Uses, values, and enjoyment of adjacent or proximate property for existing or proposed future uses shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the mobile home park;

[2]

Adequate utilities, access roads, drainage and other necessary public improvements will be provided in the mobile home park;

[3]

Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on the public road(s) adjacent to the mobile home park.

(b)

The Board shall hold a public hearing and review the application based on the Commission's recommendation and compliance with § 425-4-2B(2) of this chapter. After the public hearing, the Board shall approve, approve with conditions, or deny with findings the mobile home park license application.

(5)

Issuance or denial notification.

(a)

One copy of the mobile home park license application review form, containing the Board action, either approval, approval with conditions, or denial with findings, and the action date shall be provided to the applicant within 10 business days of said action.

(b)

If the application is approved or approved with conditions the applicant shall undertake the following prior to issuance of the mobile home park license by the Town to the applicant:

[1]

Record a certified survey map (hereafter "CSM") or subdivision plat (hereafter "plat") of the land identified in the mobile home park application with the Rock County Register of Deeds, subject to §§ 380-12 and 380-13, Land Division Ordinance,[3] and Sections 4.107, 4.112(1)(a), and 4.113(1)(a), County Land Division and Management Ordinance, with said CSM or plat containing the final plan as approved by the Board, identifying the land area to be included in the mobile home park, identifying and deeding to the Town those lands and easements called for in the approved final plan, and containing a statement that the land is to be developed pursuant to said plan and the license henceforth issued;

[3]

Editor's Note: See Ch. 380, Subdivision of Land.

[2]

Complete a zoning district change to special use (SU) on the land identified for the mobile home park in the application, in accordance with the procedure identified in § 425-4-3H of this chapter;

[3]

Submit a credit or cash deposit to the Town to insure that all required public improvements will be made, at the Town's discretion;

[4]

Submit the mobile home park license fee to the Town, as determined by Board resolution.

(c)

Upon completion of § 425-4-3G(5)(b) of this chapter, the Zoning Administrator shall issue a mobile home park license to the applicant, allowing the applicant or their successors to develop the land according to the license. Mobile home park construction must commence within 12 months of the date of said license issuance or the license shall become null and void.

(6)

Duty of licensee. The mobile home park license holder (hereafter "licensee") shall submit a quarterly report to the Town containing the following information in a format determined by the Town:

(a)

Name of mobile home park and name and address of owner, agent, or operator;

(b)

A tabulation of mobile home park occupancy, listing mobile home lot designation, use, occupant's names, monthly tax, and arrival and departure date;

(7)

Expiration and renewal. All mobile home park licenses so issued in accordance with the procedure identified in § 425-4-3G(1) through (5) of this chapter are to expire annually on June 30 and shall be renewed prior to said date to remain in effect. The applicant shall submit an application to the Town each year for license renewal, subject to Board approval. The application for such license renewal shall be accompanied by a current Rock County Health Department License, a current State of Wisconsin license, and a license renewal fee as determined by Board resolution.

(8)

Transfer. A transfer of any mobile home park license so granted under this chapter shall require an application, subject to review and approval by the Town in the same manner as an application for a license renewal as identified in § 425-4-3G(7) of this chapter.

(9)

Notice of emergency and revocation. If the Town finds an emergency exists which requires immediate action to protect the public health, safety and/or general welfare, the Town may, without notice or public hearing, issue an order reciting the existence of such emergency and suspend a mobile home park license to adequately meet the demands of the emergency. Said order shall be in writing, shall be notwithstanding any other provisions of this chapter, and shall be effective immediately. All mobile home park license holders to which the order is directed shall comply with said order immediately or the mobile home park license shall be subject to revocation.

(a)

A mobile home park license is also subject to revocation by the Town in accordance with § 66.058(2)(d), Wis. Stats., if the mobile home park is found in violation of this chapter and said violation is not rectified by the license holder, all in accordance with § 425-5-5 herein.

Zoning district change and new lot creation in A-E Zoning District. The Board may, by ordinance, change the zoning district designation of a lot/outlot as initiated by the Board, the Commission, or by a zoning district change application submitted by the lot/outlot owner(s), subject to review and approval by the Town, in accordance with the following procedures:

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

(1)

Application submittal. An applicant shall submit to the Town Clerk a Town of Fulton Zoning District Change Application or similarly named document as available at the office of the Town Clerk and on the Town website, and an application fee as determined by Board resolution.

(2)

Application review.

(a)

Upon receipt of the zoning district change application from the applicant, the Town Clerk shall notify by postal mail the parties in interest, and landowners and the clerk of any local government unit within 1,000 feet of the lot proposed for zoning district change if in the A-E, A-G, or R-RL Zoning Districts, and 500 feet of the lot proposed for zoning district change if in any other zoning district. The Town Clerk shall also publish a Class 2 legal notice in accordance with Chapter 985, Wis. Stats., listing the time and place of a public hearing at which the zoning district change application will be reviewed by the Commission, and the location of the land proposed for the zoning change, with said postal mail notification postmarked 10 days prior to said hearing.

(b)

The Commission shall review a zoning district change application at a public hearing for compliance with this chapter and in accordance with § 425-4-2B(2) of this chapter and shall also consider the following factors (hereafter "zoning district change findings of fact") in review of the application:

[1]

The use identified in the application is consistent with the purpose and intent of the zoning district to which it will be changed;

[2]

Relevant Wisconsin case law related to the application;

[3]

The land identified in the application is suitable for the proposed use identified therein and said use will not result in undue water and air pollution, cause unreasonable soil erosion, or have an unreasonable adverse effect on rare or irreplaceable natural resources;

[4]

Approval of an application for any lands proposed to be changed from the A-E Zoning District to any other zoning district shall not be granted by the Town unless it determines the application meets farmland preservation zoning district change findings of fact as identified in the following:

[a]

The land identified in the application is better suited for a use not allowed in the A-E Zoning District;

[b]

The application is consistent with the Comprehensive Plan and the Future Land Use Map contained therein;

[c]

The application is substantially consistent with the Rock County Agriculture Plan/Farmland Preservation Plan and the Rock County and Town of Fulton Agricultural Resources — Farmland Preservation Maps contained therein;

[d]

Changing the zoning district of the land identified in the application will not substantially impair or limit current or future agricultural use of other protected farmland.

(c)

Parent base farm lot. Base farm tracts are contiguous lands that were part of a single farm in the A-E Zoning District on July 14, 2015, regardless of any subsequent changes in farm size or composition, including ownership transfer or land division. Base farms are a fixed geographical area that remains constant over time. The Town maintains a base farm tract map. The parent base farm lot is the lot in a base farm remaining after a new lot is created, in accordance with § 425-4-3H(2)(d) of this chapter, not to include said new lots. The parent base farm lot is not permitted to have a new farmstead residence built if it does not have an existing farmstead residence.

(d)

New lots in the A-E Zoning District. New lots shall be in accordance with all applicable provisions of this chapter, Land Division Ordinance[4] and Land Division and Management Ordinance, and all of the following:

[1]

The following new lots are allowed in the A-E Zoning District:

[a]

New residential lot. A lot on which a residence, not to include a farmstead residence, will be located, subject to all of the following:

[i]

Only the owner of the parent base farm lot is allowed to create a new residential lot, unless the right to create one or more additional lots has been transferred to another owner for use in the same base farm and recorded as such with the Rock County Register of Deeds;

[ii]

Each base farm shall be allowed to create no more than five new residential lots;

[iii]

No more than 10% of the base farm's total acreage shall be converted to residential lots. The Town maintains a record of the acreage of each base farm available for new residential lot creation;

[iv]

New residential lots may be no smaller than three acres and no larger than 10 acres and shall be rezoned to the R-RL Zoning District.

[b]

New farmstead residence lot. A lot on which a farmstead residence will be located, subject to all of the following:

[i]

New farmstead residence lots must be between three acres and 10 acres and rezoned to the R-RL Zoning District.

[c]

New agricultural lot-A-E. A lot on which no residential use will be located, subject to the following:

[i]

New agricultural lots-A-E - must be 20 acres or greater and remain in the A-E Zoning District.

[2]

No parent base farm lot shall be less than 20 acres.

[3]

A new residential lot, and a new farmstead residence lot, shall be configured and residences sited thereon in accordance with the following:

[a]

The Land Division and Development Activities Memorandum of Agreement — Town of Fulton and the Rock County Planning, Economic and Community Development Agency, contained as Appendix D herein;[5]

[5]

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

[b]

In a manner that will not convert prime farmland from agricultural use or convert land previously used as crop land, other than a woodlot, from agricultural use unless, in the judgment of the Town of Fulton Planning and Zoning Commission, there is not a reasonable alternative location or size for a nonfarm residential parcel;

[c]

In a manner that will not significantly impair or limit the current or future agricultural use of other protected farmland;

[d]

Driveways to serve new lots and residences thereon shall be designed in accordance with § 425-4-3C of this chapter.

[4]

No lot in the A-E Zoning District shall have its zoning district designation changed to A-G, and no lot in the A-G Zoning District shall have its zoning district changed to A-E, unless changed as a result of an exemption under Subsection H(2)(d)[5][a], or a comprehensive Zoning Chapter text and Zoning Map amendment.

[5]

Exemptions.

[a]

Lands may be exempt from the new lot restrictions in Subsection H(2)(d)[1][a] through [c] or Subsection H(2)(d)[4] if 90% or greater of an area of interest is classified as "not prime farmland" by the Natural Resources Conservation Service's (NRCS) Web Soil Survey. If this proof can be provided, the Town Board will consider making an exception to allow new residential lot or new agricultural lot-AG-creation regardless of whether the provisions are met in Subsection H(2)(d)[1][a] through [c] above.

[i]

Woodlands do not automatically qualify for this exemption unless the applicant can prove through NRCS maps that soils are considered "not prime farmland."

[ii]

Applicants are allowed no more than four exemptions within a single base farm. One lot is considered one exemption.

[iii]

Applicants must still meet building configuration and siting criteria under § 425-4-3H(2)(d)[3].

[b]

The following lot creations are permitted and are exempt from Subsection H(2)(d)[1][a] through [c] above:

[i]

A lot created from a lot in the A-E Zoning District after July 14, 2015, if the A-E lot was identified for nonagricultural land use on the Comprehensive Plan Future Land Use Map and the Rock County and Town of Fulton Agricultural Resources-Farmland Preservation Maps;

[ii]

A lot created from a lot in the A-E Zoning District after July 14, 2015, if designated in the NR-OS Zoning District.

[6]

Any applicant creating a new lot must sign and record with the Rock County Register of Deeds, within six months of approval by the Town and at the applicant's sole expense, affidavits containing the following in Subsection H(2)(d)[6][a] through [c]. The Town must be listed as a party to all deed restrictions and have the power to release restrictions if requests are consistent with the Comprehensive Plan's Future Land Use Map.

[a]

New residential lot or new farmstead residence lot.

[i]

Residence Affidavit, or similarly named document, on the deed of the new lot indemnifying all agricultural uses and/or operations on the parent base farm lot from which the new lots were created; and restricting further land division of the new lot;

[ii]

Agricultural Land Preservation Affidavit, or similarly named document, on the deed of the parent base farm lot from which the new lot was created, restricting uses of the remainder of the parent base farm lot once all available new residential lots have been created, in accordance with § 425-4-3H(2)(d)[1][a][iii] of this chapter, to agricultural and open space uses and farm residences. This shall also further restrict land division of the parent base farm lot in accordance with § 425-4-3H(2)(d)[1] of this chapter, such that the affidavit identifies the number of additional new lots that may still be created, if any.

[b]

New agricultural lot-A-E.

[i]

Agriculture Affidavit — A-E, or similarly named document, on the deed of the new lot restricting the location and/or construction of any new, additional residence on the new lot; and restricting further land division of the new lot in accordance with § 425-4-3H(2)(d)[1] of this chapter.

[c]

New agricultural lot — A-G.

[i]

Agriculture Affidavit — A-G, or similarly named document, on the deed of the new lot restricting further land division of the new lot.

[4]

Editor's Note: See Ch. 380, Subdivision of Land.

(3)

Recommendation and action.

(a)

After review, the Commission shall make a recommendation to the Board of approval, approval with conditions, or denial with findings on the zoning district change application after a public hearing. The Commission shall identify the zoning district change findings of fact as identified in § 425-4-3H(2)(b) of this chapter and state in its recommendation whether the zoning district change application has met said findings of fact.

(b)

The Board shall then review the application and the Commission's recommendation. The Board shall take action and approve, approve with conditions, or deny with findings a zoning district change application, with a majority of the Board required in attendance at the hearing for any approval action. The Board shall identify the zoning district change findings of fact as identified in § 425-4-3H(2)(b) of this chapter and state in its action whether the zoning district change application has met said findings of fact.

(4)

Protest to zoning district change application.

(a)

A protest to a zoning district change application may be presented to the Board prior to or at the public hearing at which the zoning district change application is being reviewed, with said protest to entail the signatures and acknowledgments of either of the following:

[1]

Owners of at least 50% of the lot/outlot(s) proposed to be changed;

[2]

Adjacent owners of at least 50% of the total perimeter of the lot/outlot(s) proposed to be changed and within 300 feet of said lot/outlot.

(b)

If a protest to a zoning change is filed and contains the signatures and acknowledgements in accordance with § 425-4-3H(4)(a)[1] or [2] of this chapter, a recommendation of approval or approval with conditions by the Commission and 2/3 majority of the Board is required to approve any zoning district change application so protested.

(5)

Issuance or denial notification.

(a)

If the zoning district change application is approved in accordance with § 425-4-3H(3) or (4) of this chapter, the Board shall issue a zoning district change approval notice to the applicant within 10 business days of the action. One copy of the application review form, containing the Town action and action date, shall be provided to the applicant, Commission, Zoning Administrator, and the Rock County Planning, Economic and Community Development Agency within 10 business days of said action.

(b)

Prior to March 1 annually, the Town shall submit to the Rock County Planning, Economic and Community Development Agency and DATCP a report of total acres zoned out of the Agricultural-Exclusive (A-E) Zoning District to another district in the previous calendar year, including a map identifying said acres, in accordance with Chapter 91, Wis. Stats.

(c)

If the zoning district change application is denied in accordance with § 425-4-3H(3) or (4) of this chapter, the Board shall issue a notice of denial to the applicant within 10 business days of the action. One copy of the application review form, containing the Town action and action date, shall be provided to the applicant, Commission, Zoning Administrator, and the Rock County Planning, Economic and Community Development Agency within 10 business days of said action.

Variance. A variance shall be granted only by the BOA in accordance with the procedure identified in the following:

(1)

Application submittal. An applicant shall submit to the Town Clerk a Town of Fulton Variance Application, or similarly named document, as available at the office of the Town Clerk and on the Town's website, and an application fee as determined by Board resolution.

(2)

Application review.

(a)

Upon receipt of the variance application from the applicant, the Town Clerk shall provide notification by postal mail to the parties in interest, BOA, Zoning Administrator and/or Building Inspector, and the Commission, and all land owners and the clerk of any local government unit within 500 feet of the lot identified for the variance in the application, and shall publish a Class 2 Legal Notice in accordance with § 985, Wis. Stats., listing the time and place of a public hearing at which the variance application will be reviewed by the BOA, and the variance and its location, with said postal mail notification postmarked 10 days prior to said hearing. The applicant shall appear in person, by agent, or by attorney at the public hearing.

(b)

The BOA shall review a variance application at a public hearing for compliance with this chapter, with said hearing held within 30 days of receiving the variance application from the applicant, and in accordance with § 425-4-2B(2) of this chapter, with the application to clearly identify both of the following:

[1]

Existence of unnecessary hardship and unique property limitation. An applicant bears the burden of proving unnecessary hardship, for an area variance, by demonstrating that strict compliance with the zoning ordinance would unreasonably prevent the applicant from using the applicant's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome or, for a use variance, by demonstration that strict compliance with the zoning ordinance would leave the applicant with no reasonable use of the property in the absence of the variance. In all circumstances, the applicant bears the burden of proving that the unnecessary hardship is based upon conditions unique to the property, rather than conditions personal to the applicant, and that the unnecessary hardship was not created by the applicant. Self-imposed actions include, but are not limited to, the sale of portions of a lot that reduces the remainder below a minimum buildable size or extinguishes access to a public street, deed restriction, and construction activities and products made in violation of this chapter.

[Amended 3-13-2018]

[a]

The unnecessary hardship and unique property limitation must be specific to the lot identified in the variance application and not one that affects multiple lots. Self-imposed actions are generally considered to not meet the definition of an unnecessary hardship and unique property limitation, with said self-imposed actions to include but not limited to sale of portions of a lot that reduce the remainder below a minimum buildable size or extinguish access to a public street, deed restrictions, and construction activities and products made in violation of this chapter.

[2]

Absence of detriment and protection of the public interest, indicating a situation where granting of a variance shall neither create substantial detriment to adjacent or proximate property nor materially impair or be contrary to the purpose and spirit of this chapter or the public interest at large.

(c)

Approval of a variance application shall not be granted by the BOA unless it determines the application meets the standards and requirements as identified in § 425-4-3I(2)(b) and so indicates in the hearing minutes the following as variance findings of fact;

[1]

Evidence of unnecessary hardship and unique property limitation. The variance granted is a result of an unnecessary hardship and unique property limitation applying to the lot, building, or other structure or use thereof that does not apply generally to other properties or uses in the same zoning district and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be amended or changed;

[2]

Absence of detriment and protection of the public interest. The variance granted will not create substantial detriment to adjacent or proximate property and will not materially impair or be contrary to the purpose and intent of this chapter or the public interest at large.

(3)

Action. After review, the BOA shall take an action of approval, approval with conditions, or denial with findings on a variance application after a public hearing.

(4)

Issuance or denial notification.

(a)

If the variance application is approved in accordance with § 425-4-3I(3) of this chapter, the BOA shall issue a variance to the applicant within 10 business days of the action. One copy of the application review form, containing the BOA action and action date, shall be provided to the applicant, Commission, Zoning Administrator and/or Building Inspector, and the Rock County Planning, Economic and Community Development Agency within 10 business days of said action. If the BOA action is denial, the BOA shall also provide explanation to the applicant of their appeal rights to the Rock County Circuit Court.

(b)

Variances shall expire 12 months from the date of issuance unless substantial work has commenced pursuant to such grant. If the variance expires and the applicant wishes to utilize the variance, the applicant shall be required to submit another variance application in accordance with § 425-4-3I(1) of this chapter. Variances run with the land(s) and subsequent land owners may utilize a variance granted to a previous owner if all variance conditions are met.

(5)

Review by court of record. Any person aggrieved by an action of the BOA on a variance application may present to a court of record a petition duly verified setting forth that such action is illegal and specifying the grounds of the illegality. Such petition shall be filed by said person in Rock County Circuit Court within 120 days of the filing of the BOA action with the Town Clerk.

Appeal. Any person aggrieved by and alleging an error in any specified order, standard and requirement, decision, or determination made by the Commission, Zoning Administrator, Building Inspector, or any other party delegated by the Town in administration and enforcement of this chapter, or any other code, regulation or ordinance so related and under the Town's jurisdiction, may submit an appeal application in accordance with the following procedure:

(1)

Application submittal.

(a)

An applicant shall submit to the Town Clerk a Town of Fulton Appeal Application, or similarly named document, as available at the office of the Town Clerk and on the Town's website, along with an application fee as determined by Board Resolution, and any additional information required by the Town, within 60 days of the date of written notice of the action or order of the Commission, Zoning Administrator, Building Inspector, or any other party delegated by the Town to which the applicant is appealing, not to include any appeal of a livestock facility or driveway permit application, with said application appeal process identified in § 425-4-3J(5) of this chapter. Applications may be made by the owner of or lessee of a lot/outlot, building, or other structure affected by said action or order.

(b)

An appeal application shall include all of the following:

[1]

Name and address of the applicant, all landowners adjacent to and opposite of the lot/outlot identified in the application, and landowners within 1,000 feet of said lot;

[2]

Map of the appeal area showing all relevant information.

(2)

Application review.

(a)

Upon receipt of the appeal application from the applicant, the Town Clerk shall provide notification by postal mail to the parties in interest, BOA, Commission, Zoning Administrator and/or Building Inspector, and all land owners and the clerk of any local government unit within 500 feet of the lot/outlot identified for the appeal in the application, and shall publish a Class 2 Legal Notice in accordance with Chapter 985, Wis. Stats., listing the time and place of a public hearing at which the appeal application will be reviewed by the BOA, the appeal, and its location, with said postal mail notification postmarked 10 days prior to said hearing. The applicant shall appear in person, by agent, or by attorney at the public hearing.

(b)

The BOA shall review an appeal application at a public hearing for compliance with this chapter, with said hearing held within 30 days of receiving the appeal application from the applicant, and in accordance with § 425-4-2B(2) of this chapter.

(3)

Action. After review, the BOA shall take an action of approval, approval with conditions, or denial with findings on an appeal application after a public hearing.

(4)

Issuance or denial notification. If the appeal application is approved in accordance with § 425-4-3J(3) of this chapter, the BOA shall issue an appeal approval notice to the applicant within 10 business days of the approval action. One copy of the application review form containing the BOA action and action date shall be provided to the applicant, Commission, Zoning Administrator, and/or Building Inspector within 10 business days of said action. If the BOA action is denial the BOA shall also provide explanation to the applicant of their appeal rights to the Rock County Circuit Court.

(5)

Application process: driveway permit and livestock facility conditional use permit.

(a)

Driveway permit. If an applicant wishes to appeal an action of denial of a driveway permit application by the Board, said applicant shall submit to the Town Clerk a Town of Fulton Appeal Application, or similarly named document, as available at the office of the Town Clerk and on the Town's website, along with an application fee as determined by Board resolution, and any additional information required by the Town, within 14 days of receipt of written notice of the denial action. The Board shall then meet at its normal monthly meeting, review the appeal, and take a subsequent action of approval, approval with conditions, or denial with findings of said appeal. One copy of the appeal review form, containing the Board action and action date, shall be provided to the applicant, Town, Commission, and Zoning Administrator within 10 business days of said action. If the Board denies the appeal, submittal of any driveway permit application substantially similar in nature to the permit application so appealed shall not be submitted to the Town within three months of the date of the appeal denial action.

(b)

Livestock facility conditional use permit.

[1]

If an applicant wishes to appeal a Town determination of noncompliance of a livestock facility CUP, said applicant shall submit to the Town Clerk a request for hearing and any additional information required by the Town within five days of receipt of written notice of noncompliance. The Board shall then meet within five days of receipt of the request to review said request and determine, by action, if the applicant is in compliance with the CUP.

[2]

Any person who has applied to site or expand a livestock facility, any person living within two miles of any such facility proposed to be sited or expanded, or any person owning land within two miles of any such facility proposed to be sited or expanded may request review, by the Livestock Facility Siting Review Board, of any action by the Town on a livestock facility application, in accordance with § 93.90(5), Wis. Stats.

(6)

Review by court of record. Any person aggrieved by any action of the BOA on an appeal application may present to a court of record a petition duly verified setting forth that such action is illegal and specifying the grounds of the illegality. Such petition shall be filed by said person in Rock County Circuit Court within 120 days of the filing of the BOA action by the Town.