Town of Rome, WI General Regulations

Camping units shall, as applicable, remain mobile (e.g., wheels left on and no skirting), have a current license and self-containment facilities. A permissible camping unit is limited to a camping trailer, conversion van, motor home, park model, pickup truck with camper or a tent.

An annual permit issued by the Zoning Administrator is required for seasonal camping on any lot on which a single-family residence does not exist. The camping season shall be April 14 through November 30.

Off-season camping permit. Camping is permitted from December 1 through April 14 only upon issuance of an off-season camping permit by the Zoning Administrator. Such camping is limited to no more than two occurrences for a cumulative total of no more than 21 days during any off-season period. A separate permit is required for each occurrence and will only be issued upon proof that the camping unit will be connected to either a municipal sanitary sewer system or has direct access to a private on-site waste treatment system approved by the State of Wisconsin and Adams County.

Guest camping permit. Additional camping units, to be occupied by guests of a lot owner, shall be subject to the following limits: One guest camping unit for parcels five acres in size or less, and one additional guest camping unit for each additional one acre of lot size, not to exceed 10 guest camping units, shall be permitted on a lot in any district which allows camping between April 15 and October 15 of each calendar year for no more than three nonsequential periods of a maximum of 10 days each in duration. At least 15 days must elapse between each such period. A guest camping permit issued by the Town of Rome is required for each additional camping unit. Additional camping units in the LD Lake District shall be subject to § 360-60B.

(5)

All permits required herein must be displayed in a weather-resistant receptacle that is securely attached, below the address sign, to the Town-issued address identification post.

(6)

Water/septic requirements.

(a)

Commencing on January 1, 2012, camping may not occur on a lot on which a single-family residence does not exist unless said lot satisfies both of the following requirements:

[1]

Is either connected to water service offered by the Rome Water Utility or is served by a private, code-compliant well providing potable water; and

[2]

Is connected to a municipal sanitary sewer system or is directly served by a private on-site waste treatment system as defined in § 145.01(12), Wis. Stats., or is attached to a transfer container that is installed pursuant to the regulations set forth in Section 3-2.08 of the Adams County Private On-site Waste Treatment Systems Ordinance.

(b)

Notwithstanding Subsection C(6)(a)[2] herein, portable toilets and vault privies are prohibited in these districts. Composting, chemical and incinerating toilets are permitted only if completely within the camping unit.

Utility service, including electric and telephone lines, shall be installed underground.

The Town of Rome finds that there is a distinction between short-term and long-term rental uses. Long-term (30 consecutive days or more) renters, like owner-occupants, by definition, tend to have a long-term interest in the property at issue and can be expected to engage in conduct and activities consistent with such an interest. Consequently, the Town of Rome finds that owner occupants and long-term renters are less likely to engage in conduct and activities that are contrary to the interest and purpose of residential districts. Therefore, single-family dwellings for long-term use are permitted uses in each residential district. Short-term use of property is similar to a commercial use, as demonstrated by the fact that hotels and motels are only permitted in the business district. In addition, the distinction between long-term and short-term rentals is provided for in the Wisconsin Statutes [§§ 77.52(2)(a)1. and 97.605]. The Town of Rome has determined that short-term rental of single-family dwellings may only occur upon issuance of a conditional use permit, with conditions imposed as are necessary to protect the residential character of the applicable neighborhood. The Town of Rome has further determined that, given the unique concerns and characteristics of the areas comprising all residential districts, it is necessary and appropriate to prohibit short-term rentals of six consecutive days or less in duration in each residential district.

No land which is located in a Residential District shall be used for driveway, walkway or access purposes to any land which is located in a Business, or Special Purpose District or used for any purpose not permitted in a Residential District.

Cutting of trees on all lots abutting lakes or streams shall be limited to control erosion and reduce flow of effluents or nutrients from the shore land. Thus, in a strip 35 feet inland from the ordinary high-water mark, no more than a total of 30% of any 100 feet may be cut. From the inland edge of the thirty-five-foot strip to the outer limits of the shore land, the cutting of trees and shrubbery shall be allowed pursuant to the Adams County Shoreland Protection Ordinance.

Common household pets are limited to five in aggregate per residence in all recorded and unrecorded subdivisions.

Domestic animals, other than common household pets, are prohibited outside of Agricultural and Conservancy Districts except as follows:

R-1 District outside of subdivisions and with a minimum area of two acres, limit: one animal unit.

R-2, R-4, R-5 and B-1 Districts.

(a)

Minimum two acres, limit: one animal unit.

(b)

Minimum three acres, limit: one animal unit or two horses.

(c)

Minimum five acres, limit: two animal units or three horses.

(d)

Minimum nine acres, limit: two animal units or five horses.

Note: A conditional use permit (CUP) is required for keeping domestic animals in the B-1 District.

Roosters are prohibited.

Any private driveway leading to a building or structure located 200 feet or more from the public right-of-way shall be at least 10 feet in surface width and provide 14 feet of clear-width: shall provide an unobstructed height throughout the entire length and width of the driveway of at least 14 feet, and shall provide a turnaround area located no more than 75 feet from the structure capable of turning around emergency vehicles. Driveway permits under this subsection shall require review and approval from the Fire Chief in order to verify that the installation standards will provide for the safe passage and turnaround of emergency vehicles accessing the structures served by the driveway. Greater dimensions may be required by the Director of Public Works, after consultation with the Fire Chief, if the proposed driveway would not be sufficient to accommodate specialized fire-fighting apparatus or equipment that may be required to service the property.

[Amended 11-18-2021 by Ord. No. 21-20]

§ 360-10 Accessory uses and structures.

Accessory buildings, structures and uses shall be compatible with the principal uses and shall not be established prior to the principal use, except that sheds of 150 square feet or less with a maximum height of 10 feet and a maximum roof overhang of 16 inches, and unroofed decks not exceeding 400 square feet in size, are permitted in any district before the principal structure is present. Permitted sheds erected before the principal structure is present shall not be used as a place of human habitation. Mobile/manufactured homes, campers, truck bodies or trailers, buses and similar items are prohibited for use as accessory buildings. All accessory buildings and structures shall be maintained structurally and kept in good repair. Outside appearance shall be maintained so as not to become a nuisance to the neighborhood.

[Amended 2-16-2023 by Ord. No. 23-03]

The following items and structures are not permitted in nonagricultural zoning districts prior to construction of a principal structure: gazebos exceeding 150 square feet in area, pergolas, satellite dishes larger than 36 inches in size, fuel tanks, except LP tanks not exceeding 60 pounds that are part of the affixed and secured equipment of a camping unit, air conditioners, antennas, towers, exterior heating systems or similar appurtenances or equipment.

[Amended 2-16-2023 by Ord. No. 23-03]

Outdoor fuel burners, including wood stoves, used as an interior heating system are not allowed in the Lake District or in any residential subdivision in which the average parcel size is two acres or less.

Canopies.

[Amended 2-16-2023 by Ord. No. 23-03]

Temporary use. In all districts, a canopy may be erected on a temporary (10 consecutive days or less) basis for family gatherings, rummage sales, special events and similar occasions. In such case, a permit is not required and the canopy must be dismantled and removed upon conclusion of the temporary use; provided, however, that a canopy may not be erected on a property for more than 20 days in a calendar year. While erected, the location of the canopy must comply with all setback requirements for structures in the applicable zoning district.

Permanent use. Canopies may only be erected on a permanent basis pursuant to the following requirements:

(a)

Lake District and recorded residential subdivisions. In the Lake District and any recorded residential subdivision, canopies may only be used atop a boat lift that is located at least partially in a body of water, provided that the canopy roof is made of a nonrigid material. Canopy roofs may not be constructed of wood, fiberglass, metal or any other rigid material.

Freestanding and detached carports are not permitted in any zoning district.

[Added 2-16-2023 by Ord. No. 23-03]

§ 360-11 Nonconforming structures and uses.

[Amended 2-14-2019 by Ord. No. 19-03]

Existing use permitted. Pursuant to § 62.23(7)(h), Wis. Stats., the lawful nonconforming use of a building, structure or land that was in existence prior to the effective date of this Zoning Ordinance, or amendment thereto, may be continued although it does not conform to the provisions of this chapter. The property owner shall have the burden to prove by a preponderance of the evidence that the nonconforming use was in existence at the time the chapter provision became effective. Likewise, the property owner must prove that the use of the property prior to the effective date of the chapter provision was so active and actual that it can be said he has acquired a "vested interest" in its continuance. If the specific use was not so active and actual and was but casual and occasional, or if such use was merely accessory or incidental to the principal use, then it cannot be said that the property owner has acquired a "vested interest" in the continuance of such a use and the status of the nonconforming use will be denied. Any building, structure or use which existed lawfully at the time of the adoption of this chapter or amendment thereto shall be allowed to continue although such building or use does not conform with the provisions of this chapter. The size and shape of a lot shall not be altered so as to increase the degree of nonconformity of a building or use.

Permit required. No alteration of a nonconforming building, structure, premises, fixture or use is allowed unless a permit for the alteration has been issued by the Zoning Administrator.

Before issuing a permit for the alteration of a nonconforming use or structure, the Zoning Administrator shall review the permit application for compliance with the requirements of this section.

When nonconformity is found, the Zoning Administrator shall in writing notify all interested parties of the condition.

No such use of building, premises, structure or fixture or any part thereof shall be expanded or enlarged except in conformity with regulations of the district in which it is located.

The Plan Commission may authorize the change of one nonconforming use to another of the same classification provided that the Plan Commission shall find that the proposed change of use will be no more harmful to the character of the neighborhood than the existing nonconforming use. Whenever a nonconforming use has been changed to a more restrictive nonconforming use or a conforming use, such use shall not thereafter be changed to a less restrictive use.

Nonconforming limitations.

If the nonconforming use of a building, premises, structure or fixture is discontinued for 12 consecutive months, any future use of the building, premises, structure or fixture shall conform to the regulations of the district in which it is located.

Except as provided in § 62.23(7), (hb) and (hc), Wis. Stats., the total structural repairs, alterations or improvements to a nonconforming building, premises, structure or fixture shall not during its life exceed 50% of the assessed value of the building, premises, structure or fixture unless permanently changed to a conforming use. For the purpose of determining whether the 50% value limit has been exceeded, the assessed value, if known, in the tax year the nonconformity began shall be used as the base value. If such assessed value is unknown, the assessed value in the earliest year after the nonconformity began for which assessment records are available shall be used as the base value.

Except as provided in § 62.23(7), (hb) and (hc), Wis. Stats., no structure shall be restored or replaced except in conformity with the regulations of the district in which it is located.

These regulations are not to be construed to prevent the necessary and routine maintenance or repairs of buildings, utilities and property.

Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding any other provision of this chapter, a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 360-12 Lot area regulations.

[Amended 2-14-2019 by Ord. No. 19-03]

After adoption of this chapter, no lot area shall be so reduced that the dimensional, area and yard requirements of this chapter cannot be met.

In the LD, R-1, R-2, R-3 and R-4 Districts, a parcel in existence on January 1, 2009, shall not be considered nonconforming for the purpose of construction of a building that is permitted in the applicable district, if the sole basis for the nonconforming status is that the parcel does not meet the minimum lot and/or frontage size requirement for the applicable district; provided, however, that the parcel must be able to meet the requirements of SPS 383 of the Wisconsin Administrative Code. This subsection shall be construed to apply only to lot size and frontage requirements. It shall not be construed to apply to other requirements including, but not limited to, setback requirements.

Abutting residential lots under single ownership may be combined only if a certified survey map is recorded in the office of the Adams County Register of Deeds which has the effect of permanently combining the lots into one legal parcel.

Open space.

All setbacks and other open spaces allocated to a building (or group of buildings comprising one principal use) shall be located on the same lot as such building.

No legally required setbacks, open space or minimum lot area allocated to any building shall be used to satisfy setbacks, other open space, or minimum lot area requirements for any other building.

Setbacks are measured from the farthest building projection, which includes the basement, breezeway, deck, porch and garage.

Vegetation and equipment used for landscaping, decorating and recreation may be placed in the required front, rear and side yards. Permitted vegetation and structures include, but are not limited to, trees, shrubs, flowers, ornamental light standards, ornamental ponds and fountains, lawn furniture, sundials and bird baths.

Setbacks.

Private easement roads. In all nonresidential districts, improvements shall be set back at least 30 feet from the described easement or, in the case of an easement that does not have a legal description, 30 feet from the nearest point on the edge of the traveled way.

A setback less than the setback required for the appropriate class of highway may be permitted where there are existing principal buildings within 200 feet of the proposed building site that are built to less than the required setback. In such cases, the setback shall be no less than the average of the setbacks of the nearest principal building on each side of the proposed site or, if there is no principal building within 200 feet on one side, the average of the setback for the principal building on the other side and the setback required in the applicable district. The average is not to include any building now within 15 feet of the right-of-way.

Buildings on through lots, extending from road to road, shall be considered to have two front yards, two side yards and no rear yard.

In no case shall the waterfront setback be less than 75 feet from the ordinary high water mark. All buildings shall conform to the procedures, criteria and standards set forth in the Adams County Shoreland Protection Ordinance.

(5)

Dwelling square footage. Whenever referred to in this chapter, minimum square foot requirements shall mean area intended and constructed for year-round occupancy and habitable living space.

Nonconforming lots. A lot of record that, at the effective date of this Zoning Ordinance or amendment thereto, does not conform to the applicable minimum frontage requirement, lot area regulations, or lot width requirements for the zoning district in which it is located, may still be used as a building site, provided that requirements of all other applicable state and county codes as well as Town ordinances, including height, buffer, setback, and other dimensional requirements of the zoning district in which the lot of record is located are complied with, or a variance therefrom is obtained. The property owner shall have the burden to prove by a preponderance of the evidence that the nonconforming lot was in existence at the time the chapter provision became effective.

§ 360-13 Height regulations and exceptions.

Maximum height. In any district, no buildings or structures shall be erected or structurally altered to a height in excess of that specified by the regulations for that district unless otherwise permitted as a conditional use.

The following shall be exempted from height regulation in all districts:

Chimneys and flues.

Electric power transmission lines.

The following are subject to the approval of the Plan Commission:

Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a greater height not exceeding 60 feet, provided the front, side and rear setbacks required in the district in which such building is to be located are each increased at least one foot for each one foot of additional building height above the height limit otherwise established for the district in which such building is to be located.

The maximum height of silos and windmills in agricultural districts and water towers and tanks in the Public and Semipublic District may be increased above the maximum allowed in the district, provided all required setbacks for the silos, windmills, and water towers or tanks are increased by one foot for each one foot by which such silo, windmill, or water tower or tank exceeds the height limit.

The height of the following structures may be increased subject to the issuance of a conditional use permit; however, in no case shall the height exceed 300 feet above existing grade: spires, fire towers, water towers, wireless or broadcasting towers, other similar structures and necessary mechanical appurtenances.

Upon issuance of a conditional use permit, the maximum height of all other structures in all districts may be increased by not more than 10 feet above the maximum allowed in the district, provided all required setbacks for the structures are increased by one foot for each one foot by which such structures exceed the height limit.

§ 360-14 Mobile home and manufactured home limitation.

Within those districts contained in this Code where mobile homes or manufactured homes are allowed as independent dwelling units, such mobile or manufactured home and the land upon which either is located shall be owned in common. This section does not apply to licensed manufactured home parks.

If any load, other than that originally constructed or approved by the manufacturer, is placed upon a mobile or manufactured home, an affidavit stating the structure will support the load is required from either the manufacturer or a licensed engineer. All additions and alterations must meet the requirements of the Wisconsin Uniform Dwelling Code.

Such units brought into the Town after adoption of this section shall meet the factory inspection standards of the United States Department of Housing and Urban Development, which became effective June 15, 1976, and as amended thereafter.

§ 360-15 Outdoor storage.

In all districts, temporary portable buildings or trailers used in conjunction with either new construction projects or structural alterations shall be permitted, provided a valid building permit has been issued for the construction and provided such portable building or trailer is removed prior to a final inspection.

§ 360-16 Home occupations in residential districts.

Standards.

The principal use of the premises shall be for single- or two-family dwelling purposes only.

No activity shall be involved which indicates from the exterior that the building is being used for any purpose other than that of a dwelling.

The activity shall be clearly incidental to the residential use of the premises.

The activity shall not result in any hazard to the public such as generation of substantial volume of vehicular or pedestrian traffic or parking demand.

(5)

The occupation shall be carried on solely within either the main or an accessory building, and it shall utilize no more than 25% of the gross floor area of any such building.

(6)

A person must reside on the premises in order to be employed by the business.

(7)

No goods, materials, parts, tools or other equipment shall be displayed, used or stored outside a building.

(8)

No equipment shall be used which creates excessive dust, smoke, odor, noise, electrical disturbance or other conditions which are detrimental to the character, condition, value and enjoyment of other residential property in the neighborhood.

(9)

In order to protect the visual aspects of the residential neighborhood and not significantly reduce the availability of parking for residents, home business customers shall not park in the right-of-way or on the street. Any need for parking generated by the home business use shall be met off the street and remain on-premises.

(10)

Persons conducting a home business or professional office must submit an application and pay any applicable fees for such use as required by § 234-32.

(11)

No other local ordinance, provision or state statute or rule shall be violated.

Permitted businesses.

Art studios, computer programming, drafting and graphic services, dressmaking, sewing and tailoring, home crafts, music lessons, professional and contractor offices, sales representatives—office only, secretarial services, beauty shops by occupant only, minor repair services, and other similar uses.