Article VI broadly categorizes potential land uses in the Town of Wescott as permitted or conditional within the zoning districts. Additional district regulations for these land uses are included in §§ 285-25 through 285-29. The Zoning Administrator will be required, in some instances, to provide interpretation of these definitions in order to determine whether a proposed use is allowed in the applicable district. Land uses that are not specifically listed are not necessarily excluded from locating within a given zoning district.
A.
Single-family residence land uses consisting of a new single detached
building containing one dwelling unit.
(3)
All single-family residences shall meet the following requirements:
(a)
At least 24 feet in width.
(b)
Minimum first floor area of 960 square feet.
(c)
Roof pitch shall not be less than a nominal 3:12 (rise to run).
(d)
Roof overhang shall not be less than a nominal six inches excluding
any gutter.
(e)
Secured to a permanent enclosed foundation that meets all applicable
state building codes or full basement, not having more than 12 inches
of exposed concrete foundation above the exterior finished grade of
the lot. An exception is when the grade of the lot slopes, in which
case, only that portion of the foundation which is on the highest
point of the lot must meet the requirements of this subsection.
B.
Two-family residence. Land uses consisting of a building containing two dwelling units. This includes dwelling units that are enclosed within a building or attached by a common floor or wall. The use shall meet the following performance standards in addition to the standards in § 285-25A(3):
(1)
Where each unit is located on a separate lot (i.e., zero lot line
duplex), the entire building shall be constructed at one time.
(2)
Where each unit is located on a separate lot, vertical common walls
shall be a minimum one-hour fire wall and shall run from the lowest
floor level (the basement, if applicable) to the underside of the
roof sheathing, except that basements shall be provided across lot
lines where necessary for utility services.
(3)
The minimum livable area of each unit in the two-family residence
shall be not less than 960 square feet, exclusive of attached garages,
carports, or open decks.
(4)
Matters of mutual concern to the owners due to construction, catastrophe,
and maintenance shall be addressed and resolved by deed restrictions,
which shall be recorded with the Shawano County Register of Deeds
before a zoning permit is issued.
(5)
An acceptable sewage treatment and/or disposal system meeting the
requirements of all applicable state regulations and the Shawano County
Sanitary Ordinances shall be provided.
C.
Multifamily residence. Land uses consisting of a lot with three or
more dwelling units. This includes apartment buildings and other dwelling
units that are enclosed within a building or attached by a common
floor or wall. The use shall meet the following standards:
(1)
Each dwelling unit may be owner-occupied or renter-occupied, with
the building, lot, and/or unit in fee simple or condominium ownership.
(2)
It must be located within a sewer district.
(3)
No individual dwelling unit shall be less than 960 square feet in
area, exclusive of common areas, hallways and basements.
D.
Residence accessory to a principal business use. Land uses consisting
of a residence that is accessory to a principal business (for shopkeeper
or employee, for example). This residence may be attached to the business
or freestanding on the same lot as the business use.
E.
Residential accessory structure:
(1)
Land uses clearly incidental to the primary residential use and includes
such uses as garages, carports, storage sheds, and decks.
(2)
The structure shall not be used as a dwelling.
(3)
In Rural Residential District, a garage can be a permitted accessory
use on a vacant lot.
(4)
In Waterfront Residential, Residential, and Manufactured Home Districts,
a garage can be a permitted accessory use on a vacant parcel. If proposed
to be constructed in advance of the principal building (dwelling),
the structure shall not exceed 1,008 square feet and shall be sited
with relation to appropriate locations for a future dwelling, private
well, on-site waste treatment system, and driveway. The Town Plan
Commission may consider waiving the maximum 1,008 square feet of size
maximum on a case-by-case basis through the conditional use process.
[Amended 3-12-2020]
(5)
On structures using steel siding, all steel siding shall be a minimum
of 29 gauge thickness and prefinished in an earth-tone color. Metal
lap siding may not exceed an exposed width of 12 inches. The lower
three feet of any exterior side wall shall be wainscoted with a different
exterior surface or architectural pattern. The lower three feet of
an exterior front wall shall be wainscoted with architectural masonry,
brick, or natural cultured stone. The rear wall finish will be determined
by the Zoning Administrator, based on the makeup and layout of the
surrounding neighborhood. All steel buildings shall have a concrete
floor not less than 4 inches thick and be placed on a vapor retarder
with a transmission rate of not less than 0.1 perm or less. The perimeter
area of a concrete floating slab shall be at least 8 inches thick
for a distance of 12 inches from the outside perimeter and shall be
reinforced with reinforcing bar. If a sill plate is used, it shall
be from a naturally decay-resistant wood or material, or pressure-treated
wood with a sill sealer installed. If no sill plate is used, then
the siding starter strip shall employ a sealer to seal out weather
and rodents. All fasteners in contact with chemically treated wood
shall be approved for use with the specific treating chemical. All
trusses or rafters shall be secured to the supporting structural framing
with engineered straps or hangars. All roofs shall be vented with
vented soffits and a ridge vent and shall be constructed to support
a 40-pound per-square-foot roof load. A floor drain is the only plumbing
that may be installed. The minimum roof pitch shall be 4:12 and roof
eaves shall extend a minimum of 12 inches beyond the vertical wall.
Roof eaves shall be boxed and vented. Gambrel and mansard-style roofs
are prohibited. Permits shall not be issued unless plans showing compliance
with the terms of this section are reviewed and approved by the Town
Building Inspector.
[Amended 3-12-2020]
(6)
A recreational vehicle is not considered an accessory structure but may be used on the owner's residential parcel and considered as a temporary occupancy, subject to availability of sanitary facilities from the residence and not exceeding the amount of days defined under "temporary occupancy" in § 285-10 of this chapter.
F.
Home occupation, major. A home-based business that is accessory to
a principal residential use. The regulations for major home occupations
are more flexible than for minor home occupations; as such, major
home occupations require the issuance of a conditional use permit.
Includes economic activities performed within any dwelling or residential
accessory structure that comply with specified requirements listed
below. Examples include, but are not limited to, personal and professional
services, handicrafts, small beauty salons, and small machine repair.
This use shall meet the following performance standards:
(1)
When the use is conducted entirely within the confines of the principal
structure or accessory structures, it shall occupy no more than 50%
of the gross floor area on the floor(s) where the use takes place.
(2)
The use shall be clearly incidental and secondary to the use of the
property for residential purposes, and the appearance of the structures
shall not be altered or the occupation be conducted in a manner that
would cause the premises to differ from its residential character
either by the use of colors, materials, construction, lighting, signs,
or the emission of sounds, or vibrations that carry beyond the premises.
(3)
No more than two persons in addition to those members of the family
that are permanent residents of the premises shall be employed by
the home occupation.
(4)
The business of selling stocks of merchandise, supplies, or products
other than those produced by the major home occupation to fill orders
made by customers shall not be permitted as a major home occupation.
That is, the direct retail sale of products out of the residence within
which the major home occupation is located is not allowed, but a person
may pick up an order they have placed. Wholesale or retail sales from
within the residence or accessory structure as the primary activity
or function of the major home occupation is prohibited, except for
sales conducted entirely via the mail, telephone, or the internet.
(5)
The display, storage, or parking of materials, goods, supplies, or
equipment outside of the dwelling is permitted in an enclosed accessory
building, or in a yard of the subject property, provided the yard
area used for such display, storage, or parking is completely screened
from view from all public streets and adjacent property through the
use of landscaping materials or a combination of landscaping materials
and a fence. No storage, display or parking of materials, goods, supplies,
or equipment shall be allowed within a minimum required yard.
(6)
There shall be sufficient off-street parking to compensate for additional
parking generated by the home occupation and employees.
(7)
Any home occupation involving the on-site sale, resale, painting,
body repair, salvage or wrecking of automobiles, trucks, boats, trailers,
recreational vehicles, or other motorized vehicles shall be permitted,
subject to conditions imposed by the Town Plan Commission and Town
Board.
(8)
Repair and maintenance of automobiles, trucks, boats, trailers, recreational
vehicles, or other motorized vehicles, not including body repair or
painting beyond touchups, shall be permitted. Size of the operation
shall be limited to up to two vehicle repair bays and no more than
10 vehicles total on-site at any time, not including property owner
vehicles. No unlicensed vehicles shall be permitted at any time.
(9)
As part of the process to grant the conditional use permit for a major home occupation, the Town may restrict the number and types of machinery and equipment used on the property, limit hours of operation, or attach other conditions to the approval to meet the standards for granting a conditional use permit in Article VIII of this chapter.
(10)
The conditional use permit for a major home occupation shall
include a condition stating how often the permit shall be reviewed
for compliance with the conditions.
G.
Home occupation, minor. A small home-based business that is accessory
to a principal residential use. Includes economic activities performed
within any dwelling that comply with the specified requirements listed
below. Examples include, but are not limited to, personal and professional
services, home offices, handicrafts, and small machine repair. This
use shall meet the following performance standards:
(1)
The use shall be conducted entirely within the confines of the principal
residential structure or accessory residential structure.
(2)
The use shall occupy no more than 50% of the gross floor area on
the floor(s) where the use takes place.
(3)
The use shall be clearly incidental and secondary to the use of the
premises for residential purposes, and the appearance of the structure(s)
shall not be altered or the occupation within the structures be conducted
in a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, odors, dust or vibrations that carry
beyond the premises.
(4)
No person other than a permanent member of the resident family shall
be employed on the premises.
(5)
Shall not generate vehicular traffic beyond 15 trips per day, on
an average monthly basis, above those generated by the household's
use.
(6)
The business of selling stocks of merchandise, supplies, or products
other than those produced by the minor home occupation to fill orders
made by customers shall not be permitted as a minor home occupation.
That is, the direct retail sale of products out of the residence within
which the minor home occupation is located is not allowed, but a person
may pick up an order they have placed. Wholesale or retail sales from
within the residence or accessory structure as the primary activity
or function of the minor home occupation is prohibited, except for
sales conducted entirely via the mail, telephone, or the internet.
(7)
The display, storage, or parking of materials, goods, supplies, or
equipment outside of the dwelling or an accessory building is prohibited,
except for truck equipment.
(8)
No use of material or equipment not recognized as being part of the
normal practices of owning and maintaining a residence shall be allowed.
(9)
Any minor home occupation involving the on-site sale, resale, salvage
or wrecking of automobiles, trucks, boats, trailers, recreational
vehicles, or other motorized vehicles shall be prohibited.
(10)
The minor home occupation shall not involve the use of commercial
vehicles for more than the weekly delivery of materials to or from
the premises.
H.
Family day-care home. A dwelling unit where supervision and care
and/or instruction for not more than eight children under the age
of seven is provided for periods of less than 24 hours per day, and
which is licensed by the Wisconsin Department of Children and Families.
I.
Manufactured home. A manufactured home that does not meet the requirements of § 285-25A(3) may only be located in the MH Manufactured Home or the MHP Manufactured/Mobile Home Park District. The use is subject to the following standards:
(1)
The manufactured home is secured to a permanent enclosed foundation
that meets all applicable state building codes or a full basement,
not having more than 12 inches of exposed concrete foundation above
the exterior finished grade of the lot. An exception is when the grade
of the lot slopes, in which case, only that portion of the foundation
which is on the highest point of the lot must meet the requirements
of this subsection.
(2)
Minimum width of 14 feet.
(3)
Minimum first floor area of 960 square feet. Attached garages, carports,
and open decks shall not be included in the minimum square footage
requirement.
(4)
The manufactured home shall have a minimum of a 3/12 pitched roof
on a minimum of 75% of the structure.
(5)
Is installed in accordance with the manufacturer's instructions.
(6)
Is properly connected to utilities.
(7)
All wheels, axles, transportation lights, and other related towing
apparatuses shall be removed.
J.
Existing mobile home. An existing mobile home not located in a mobile
home park on the effective date of this chapter shall be considered
a nonconforming structure and will be permitted to remain in its original
location subject to the following condition:
(1)
The mobile home may not be extended, enlarged, reconstructed, moved
or structurally altered, or replaced with a different mobile home,
unless the Town Zoning Administrator determines that such action:
K.
Manufactured/mobile home park. The following standards shall apply
to the design, construction and maintenance of any existing or new
manufactured/mobile home park and enlargement or addition to an existing
community or park after the effective date of this chapter. These
standards shall be additional to all state statutes, codes and regulations.
Although the following standards are mandatory, nothing herein shall
be construed to prevent or limit the submission of unique, innovative
designs to the Plan Commission.
(1)
Minimum size of any manufactured/mobile home park shall be 10 acres.
(2)
No manufactured home can be moved into a manufactured/mobile home
park if it is older than 10 years.
(4)
All lots shall abut on a street within the park for at least 15 feet
and shall have unobstructed street access. No lot shall abut on a
public street, right-of-way, or property line of the park.
(5)
Corner lots located on the inside of any corner shall be of extra
width sufficient to maintain front setback requirements on both streets.
(6)
No more than one manufactured/mobile home shall be placed on a lot.
(7)
No manufactured/mobile home unit shall be parked outside of a designated
lot.
(8)
The minimum width of each manufactured/mobile home shall be a minimum
of 14 feet.
(10)
Streets.
(a)
Each street and parking area shall be paved.
(b)
A streetlight shall be placed at each street corner within the
park, at each entrance to the park, and at such other places along
the street so that the distance between each light does not exceed
225 feet as measured down the center line of the street.
(c)
All streets shall be maintained and plowed by the owner.
(11)
Parking.
(a)
Each lot shall have two off-street parking spaces having either:
a minimum width of 20 feet and a minimum depth of 24 feet; or a minimum
width of 12 feet and a minimum depth of 40 feet.
(b)
If parking on any street is prohibited within the park, an additional
parking area within the park shall be established containing one parking
space for every five lots (of fraction thereof) which abut on a street
where parking is prohibited.
(c)
All parking shall be paved.
(d)
No parking shall be permitted on unpaved areas (lawns).
(12)
Walkways not less than three feet wide and comprised of a hard
surface shall be provided from the parking area of each lot up to
and including the steps to the front door of each mobile and manufactured
home.
(13)
Utilities.
(a)
Water, domestic waste disposal, natural gas (where available)
and electrical utilities shall be provided to each lot.
(b)
All utilities, including telephone and cable TV, shall be placed
underground.
(c)
Each lot shall be furnished with a minimum 200 amp electrical
service.
(d)
The owner shall install one large water meter for the entire
park contained in a manhole. The design and construction of the park
water distribution systems, the water meters, and the manhole shall
meet such requirements as may be established.
(14)
Open areas.
(a)
Each park shall have one or more designated open area which
shall be easily accessible to all park residents, which shall not
include a street or the park boundary/buffer, and which shall be so
located as to be free of traffic hazards.
(b)
The total size of such open areas shall be a minimum of 5% of
the total land area of the park.
(c)
For every 25 lots in the park, there shall be at least one open
area in the park having a minimum size of 50 feet by 100 feet.
(15)
Landscaping.
(16)
Park boundary/buffer.
(a)
A thirty-foot-wide buffer zone shall be established around the
entire perimeter of the park.
(b)
The buffer zone shall not be part of any lot.
(c)
A visual screen of compact hedges, decorative fences, coniferous
trees and shrubs and other landscape materials recommended by the
Plan Commission and approved by the Town Board shall be installed
and maintained in the buffer zone, to substantially hide the interior
of the park from view from any adjacent street or property.
(d)
The buffer zone shall be maintained by the owner free of rubbish,
debris and weeds.
(17)
Home installation.
(a)
Each manufactured/mobile home shall be secured with tie-downs
and anchoring equipment.
(b)
All manufactured/mobile home units shall have skirts around,
or other product which makes the home appear to be built upon a basement
or foundation, the entire manufactured/mobile home made of plastic,
fiberglass, aluminum, metal or vinyl, and shall be of a permanent
color or painted to match the manufactured/mobile home so as to enhance
the general appearance thereof.
(18)
(19)
No structure may be attached or added to any manufactured/mobile
home (additions), except as follows:
(a)
The proposed design and construction standards shall be submitted
to the Zoning Administrator before commencement of work on the structure.
(b)
The Zoning Administrator shall review and approve the project
only if the structure is designed to architecturally blend with the
manufactured/mobile home.
L.
Cottages for rent.
(1)
An owner of an existing cottage may update or remodel the interior
or exterior of an existing cottage, provided the footprint of the
cottage does not expand, necessary permits are applied for, and work
is inspected.
(2)
A conditional use permit is required to enlarge the footprint of
an existing cottage, or add more dwelling units by means of new construction
or the purchase of existing structures either abutting or not abutting
to an existing cottage.
M.
Outdoor wood furnace. An outdoor accessory structure designed to
heat air or water through a wood fire and then transmit that heated
air or water to the principal building for direct use and/or heating
the principal building. This use shall meet the following performance
standards:
(1)
The outdoor wood furnace shall be set back from all property lines
and roads a distance equal to the minimum required yards for principal
buildings.
(2)
The outdoor wood furnace shall be separated by at least 200 feet
from any dwelling unit on an adjacent property.
(3)
On parcels less than five acres in area, if the outdoor wood furnace
is less than 500 feet from any dwelling unit on an adjacent property,
the smokestack shall be required to be raised to the height of the
roofline of the dwelling that the furnace serves and a Class A (triple
wall) chimney pipe shall be installed to facilitate the dispersion
of smoke.
N.
Bed-and-breakfast establishment. Land uses which provide lodging
facilities that are operator-occupied residences providing accommodations
for a charge to the public with no more than eight guest rooms for
rent, provide only breakfast to customers of the place, are clearly
residential structures in design, scale, and appearance, and are licensed
as a bed-and-breakfast under Wisconsin Statutes. Such land uses may
provide indoor recreational facilities and passive outdoor recreation
facilities, such as docks and gardens, for the exclusive use of their
customers. This use shall meet the following performance standards:
(1)
No premises shall be utilized for a bed-and-breakfast unless there
are at least two exits to the outdoors from such premises.
(2)
The dwelling unit in which the bed-and-breakfast takes place shall
be the principal residence of the operator/owner and said operator/owner
shall live on the premises when the bed-and-breakfast is active, as
required under the Wis. Admin. Code.
(3)
The maximum stay for any occupants of a bed-and-breakfast establishment
shall be 31 consecutive days.
(4)
All such facilities shall be required to obtain a license to serve
liquor, if applicable.
(5)
If on a private on-site wastewater treatment system, Ch. SPS 383,
Wis. Adm. Code, regulations must be met.
O.
Parking and camping restrictions for recreational uses, vehicles
and equipment:
(1)
Parking and camping restrictions for independent vacant lots and
parcels. It shall be unlawful for any person to camp, place, park
or permit the camping, placement or parking of any camping unit, camping
trailer or motor home on any independent vacant lot or parcel in the
Waterfront Residential, Residential, Manufactured Home, Manufactured
Home Park, or Rural Residential District under five acres in size
unless located in a licensed public or commercial campground or mobile
home park.[1]
(2)
Camping restrictions on dependent vacant lots and parcels and lots
and parcels improved with a single-family dwelling. It shall be unlawful
for any person to camp or permit camping with any camping unit, camping
trailer or motor home for more than 15 calendar days in a calendar
year, on any dependent vacant lot or parcel or any parcel improved
with a single-family dwelling in any Waterfront Residential, Residential,
Manufactured Home, Manufactured Home Park or Rural Residential District
under five acres in size unless located in a licensed public or commercial
campground or mobile home park.
(3)
Parking restrictions on dependent vacant lots and parcels and lots
and parcels with a single-family dwelling. It shall be unlawful for
any person to park or permit parking of any camping unit, camping
trailer or motor home with wheels or any similar transporting device
removed, except for ongoing repair, or fixed to the ground in any
matter that would prevent or materially impair ready removal on any
dependent vacant lot or parcel or any parcel improved with a single-family
dwelling in any Waterfront Residential, Manufactured Home, Manufactured
Home Park or Rural Residential District under five acres in size unless
located in a licensed public or commercial campground or mobile home
park.
A.
Agricultural uses. Any of the following activities conducted for
the purpose of producing an income or livelihood, or hobby and recreational
farming:
(1)
Crop or forage production.
(2)
Keeping livestock.
(3)
Beekeeping.
(4)
Nursery, sod, or Christmas tree production.
(5)
Floriculture.
(6)
Aquaculture.
(7)
Fur farming.
(8)
Forest management.
(9)
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
(10)
Any other use that DATCP, by rule, identifies as an agricultural
use.
B.
Agricultural accessory use. Land uses that include:
(1)
A building, structure, or improvement that is an integral part of,
or is incidental to, an agricultural use. This includes:
(a)
A facility used to store or process raw agricultural commodities,
all of which are produced on the farm.
(b)
A facility used to keep livestock on the farm.
(c)
A facility used to store or process inputs primarily for agricultural
uses on the farm.
(d)
A facility used to keep or service vehicles or equipment primarily
employed in agricultural uses on the farm.
(e)
A manure digester, bio-fuel facility, or other facility that
produces energy primarily from materials grown or produced on the
farm, primarily for use on the farm.
(f)
A waste storage or processing facility used to store or process
animal waste produced solely from livestock kept on the farm.
(2)
An activity or business operation that is an integral part of, or
incidental to, an agricultural use.
(3)
A residential dwelling occupied by persons involved with the operation
of the agricultural uses on the parcel.
C.
Roadside stand. A structure not permanently fixed to the ground that
is readily removable in its entirety covered or uncovered and not
wholly enclosed, and used solely for the sale of farm products produced
on the premises. It shall conform to setback, sign and other provisions
of this chapter. If a roadside stand is determined to constitute a
traffic hazard or nuisance, the Zoning Administrator may order its
removal. Such removal shall be at the landowners cost if such stand
was established after the effective date of this chapter. The Town
shall in no way be obligated to pay the cost of removal of such stands.
D.
Processing, packing or manufacture of agricultural products. Canneries,
cheese factories, condenseries, creameries, pea viners and such other
establishments for the processing, packing or manufacture of the agricultural
products of Shawano County as may have a nuisance factor not separable
therefrom, such as the emission or effluence of noxious or odorous
wastes or by-products.
E.
Transportation, communications, pipeline, electric transmission,
utility, or drainage uses. Transportation, utility, communication,
or other use that is required under state or federal law to be located
in a specific place or that is authorized to be located in a specific
place under a state or federal law that preempts the requirement of
a license for that use.
F.
Performance standard for animals. Animals are a conditional use for
smaller Rural Residential parcels and parcels zoned Waterfront Residential.
Animals are a permitted use in Agricultural, Woodlands, and Open Spaces
and Rural Residential larger parcels if they meet the following performance
standard:
(1)
Five-acre minimum parcel with a minimum of three acres of clear land.
Clear land excludes heavily wooded, swamp, wetlands, buildings and
driveways.
(2)
Large animals are 200 pounds or larger and one large animal is allowed
per acre of clear land.
(3)
Small animals are under 200 pounds and two small animals are allowed
per acre of clear land.
(4)
Poultry and rabbits are allowed at six per acre of clear land.
[Amended 7-8-2021 by Ord. No. 2021-03]
(5)
Or any combination of numbers 2, 3, or 4.
(6)
Game farms are a conditional use.
(7)
For
the Residential and Manufactured Home Districts or those districts
listed above that do not comply with the acreage requirement, the
keeping of chickens is permissible, provided the following performance
standards can be met:
[Added 7-8-2021 by Ord. No. 2021-03]
(a)
No property owner can keep a rooster, and no free roaming of chickens
are allowed.
(b)
Coops shall be elevated off the ground if not placed on a hard surface,
such as concrete, patio block or crushed stone.
(c)
A signed letter from adjoining neighbors shall be required stating
they are aware of the intent to place chickens on the property and
that they have no objections.
(d)
Should a signed letter not be attained, the property owner shall
erect a fence shielding the coop and any outdoor run/exercise area
from the adjoining neighbors. Fence height shall be six feet.
(e)
No coop can be located in the front yard (roadside) of any property.
(f)
Any outdoor run/exercise area shall be fully fenced, including the
top portion.
(g)
Any stored feed shall be kept in a rodentproof container.
(h)
The coop shall be sized to provide each chicken kept with three square
feet.
(i)
Any outside run/exercise area shall not exceed 60 square feet of
area.
(j)
All coops shall be set back a minimum of 25 feet from an adjoining
dwelling and cannot be located any closer than five feet from a property
line.
(k)
A land use permit must be obtained from the Town of Wescott in order
to keep chickens.
A.
Personal or professional service. Land uses that are exclusively
indoor whose primary function is the provision of services directly
to an individual on a walk-in or on-appointment basis. Examples of
such land uses include, but are not limited to, professional services,
insurance services, realty offices, financial services, medical offices
and clinics, veterinary clinics, barber shops, beauty shops, and related
land uses.
B.
Indoor sales and service. Land uses which conduct or display sales
or rental merchandise or equipment, or nonpersonal or nonprofessional
services, entirely within an enclosed building. This includes general
merchandise stores, grocery stores, bait shops, sporting goods stores,
antique stores, gift shops, laundromats, artisan and artist studios,
bakeries, and the like. Artisan craft production such as consumer
ceramics, custom woodworking, or other production activities directly
associated with retail sales are regulated as "light industrial activities
as an accessory to retail sales or service."
C.
Long-term outdoor display and sale. Land uses which conduct sales
or display merchandise or equipment on a long-term basis outside of
an enclosed building as a principal accessory use of the lot. Examples
of such land uses would include vehicle and equipment sales and rental,
manufactured housing sales, monument sales, and garden centers. Such
land uses do not include the storage or display of inoperative vehicles
or equipment, or other materials typically associated with a junk
or salvage yard or other permanent outdoor land uses specifically
defined by the Zoning Ordinance. All storage of equipment shall be
at least 100 feet from highways or roads and at least 200 feet from
any residential property. If the Plan Commission and Town Board deems
the operations will take on characteristics of a junkyard, they may
require a hedge planting of sufficient size to screen the area from
the public right-of-way or adjoining properties. Not providing acceptable
screening may result in the withdrawal of the conditional use permit
and discontinuance of the business.
D.
Maintenance service. Land uses which perform maintenance services
(including repair) either within or outside an enclosed building.
If the Plan Commission and Town Board deem the operations will take
on characteristics of a junkyard, they may require a hedge planting
of sufficient size to screen the area from the public right-of-way
or adjoining properties. Not providing acceptable screening may result
in the withdrawal of the conditional use permit and discontinuance
of the business.
E.
In-vehicle sales and service. Land uses which perform sales and/or
services to persons in vehicles, or to vehicles which may be occupied
at the time of such activity. Such land uses often have traffic volumes
which exhibit their highest levels concurrent with peak traffic flows
on adjacent roads. Examples of such land uses include drive-in, drive-up,
and drive-through facilities, vehicular fuel stations, and all forms
of car washes.
F.
Resort establishment. Land uses which provide overnight housing in
individual rooms, suites of rooms, cabins, or cottages. Such land
uses may also provide indoor and outdoor recreational facilities for
the exclusive use of their customers. Restaurants, arcades, fitness
centers, and other on-site facilities available to nonlodgers are
not considered accessory uses and therefore require review as a separate
land use. The maximum number of occupancy units in a resort shall
not exceed a density of 10 units per acre in any zoning district.
G.
Group day-care center facility. Land uses in which qualified persons
provide child care services for nine or more children. Examples of
such land uses include day-care centers and nursery schools. Such
land uses shall not be located within a residential building. Such
land uses may be operated on a for-profit or a not-for-profit basis.
Such land uses may be operated in conjunction with another principal
land use on the same environs, such as a church, school, business,
or civic organization. In such instances, group day-care centers are
not considered as accessory uses and therefore require review as a
separate land use.
H.
Animal boarding or breeding facility. Land uses where three or more
animals six months of age or older are bred by a person providing
facilities for breeding and the offspring are sold, or where such
animals are received for care, training, and boarding for compensation,
not including a small animal hospital, clinic, or pet shop. These
uses include exercise yards, fields, training areas, and trails.
I.
Adult-oriented establishments. Land uses that include any facility
involving the display of sexually oriented materials such as videos,
movies, slides, photos, books, or magazines; or actual persons displaying
and/or touching sexually specified areas. This type of activity is
a permitted use but is regulated by the Town of Wescott's Adult Oriented
Establishments Ordinance.
J.
Personal storage facility. Land uses oriented to the indoor storage
of personal items entirely within partitioned buildings having an
individual access to each partitioned area. Such storage areas may
be available on either a condominium or rental basis. Also known as
"mini-warehouses."
K.
Portable storage facility. Land uses that include shipping containers,
semi-trailers, portable on demand storage (PODS®), and store and move (SAM) containers that are intended for temporary
storage while an individual or business is relocating. Such storage
facilities shall need a permit which regulates the length of time
a portable storage facility is allowed on the specified premises.
L.
Indoor storage or wholesaling. Any land use primarily oriented to
the receiving, holding, and shipping of packaged materials for a single
business or a single group of businesses, including mail order and
catalog sales. With the exception of loading and parking facilities,
such land uses are contained entirely within an enclosed building.
This use does not include personal or portable storage facilities.
Retail outlets associated with this principal use shall be considered
an accessory use.
M.
Vehicle course or track. Any privately operated track, course, circuit,
strip, or loop designed for use by motorized vehicles such as automobiles,
trucks, ATVs, motorcycles, motocross bikes, dirt bikes, snowmobiles,
or go-carts. Such uses occasionally are operated for recreational
purposes for family use. This use shall meet the following standards:
N.
Marinas and docking facilities. Land uses including a dock or basin
providing secure moorings for watercraft or the rental of watercraft.
This use may also include boat repair, chartering, supply, fueling,
boat ramps, and other facilities.
(1)
Facilities shall be located at least 500 feet from public bathing
beaches and parks.
(2)
Facilities shall be designed and constructed as to not interfere
with adjacent riparian owner's uses of the water for swimming, fishing
or boating; nor interfere or obstruct the public's free navigation.
(3)
Fueling pumps and tanks shall be located two feet above the normal
water elevation, and no fuel hose shall extend beyond a point necessary
to fuel boats as the closest proximity to land.
(4)
Marinas shall be equipped with facilities for the disposition of
domestic waste from boats.
(5)
If holding tanks are utilized, they shall be located above the normal
high-water elevation. Holding tanks located on sites subject to flooding
shall be floodproofed.
(6)
If located within a Floodplain Zone subject to periodic flooding,
the provisions of the Shawano County Floodplain Zoning Ordinance and
Shawano County Shoreland Zoning Ordinance shall also apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Light industrial activity as an accessory to retail sales or service.
Land uses that include any light industrial activity conducted exclusively
indoors which is clearly incidental to indoor sales or service, on
the same site.
B.
Light industrial. Land uses with operations that:
(1)
Are conducted entirely within an enclosed building.
(2)
Are not potentially associated with nuisances such as odor, noise,
heat, vibration, and radiation which are detectable at the property
line.
(3)
Do not pose a significant safety hazard (such as danger of explosion).
(4)
Comply with all of the applicable performance standards.
C.
Contractor shop. Land uses that include businesses engaged in contract
services or labor, such as contractors involved with landscaping:
building construction or carpentry: and electrical, plumbing, or heating
systems. Often involves accessory equipment storage yards and rental
of equipment commonly used by contractors. Retail outlets associated
with this principal use shall be considered an accessory use.
D.
Filling and grading. The filling, grading, lagooning or dredging
of 30 cubic yards or greater of material. Such temporary land use/activity
shall be subject to the following performance standards:
(1)
No filling, grading, lagooning, or dredging that would result in
substantial detriment to navigable waters by reason of erosion, sedimentation,
impairment of fish and aquatic life, or which would obstruct flood
flows or increase flood stages, shall be permitted.
(2)
Where applicable, a State of Wisconsin permit when required by the
Wisconsin Statutes or other applicable state or county regulations
shall be obtained prior to any filling, grading, lagooning, or dredging
activity.
(3)
Placement of 30 cubic yards of fill or greater on an annual basis
requires a zoning permit; placement of 200 cubic yards of fill or
greater also requires a conditional use permit. Fill for building
footprint is exempt and placement is calculated on an annual basis.
E.
Mineral extraction (nonmetallic). Nonmetallic land uses include operations
or activities for extraction from the earth, for sale or use by the
operator, of mineral aggregates such as stone, sand and gravel, and
nonmetallic minerals, related operations or activities such as drilling
and blasting, excavations, grading or dredging if the purpose of those
operations or activities is the extraction of mineral aggregates and
nonmetallic minerals and related processes such as crushing, screening,
scalping, dewatering and blending.
(1)
The operation complies with Subch. I of Ch. 295, Wis. Stats., and
rules promulgated under that subchapter, with applicable provisions
of the local ordinance under § 295.13 or 295.14, Wis. Stats.,
and with any applicable requirements of the Department of Transportation
concerning the restoration of nonmetallic mining sites.
(2)
The operation is reasonably designed to minimize the conversion of
land around the extraction site from agricultural use or open space
use.
(3)
The operation does not substantially impair or limit the current
or future agricultural use of surrounding parcels of land that are
zoned for or legally restricted to agricultural use.
(4)
Provided mineral extraction operations shall take place for less
than four years, the land shall be restored to agricultural production
within another two years (unless the Town Board grants a renewal of
the license).
(5)
An application for a permit shall be submitted by the owner and shall
include an adequate description of the operation; a plan of the site
showing proposed and existing roads and drives, the sources, quantity
and disposition of water to be used, if any; estimated dates for the
completion of the extraction and commencement and completion dates
for the reclamation; a reclamation plan, and such other information
as may be necessary to determine the nature of the operation and the
effect on the surrounding area.
(6)
Reclamation shall be consistent with the Shawano County "Non-Metallic
Reclamation Ordinance" #5-01, adopted by the Shawano County Board
on June 27, 2001.
(7)
The reclamation plan shall contain adequate provision that all final
slopes around the area be flatter than a three to one horizontal slope
in a sand and gravel or borrow pit operation, or in a safe angle of
repose in a quarrying operation; excavations below the grade of the
nearest abutting public street or highway shall be set back from said
street or highway a distance not less than that required for buildings
and structures under this chapter; all final slopes shall be covered
with topsoil and seeded to prevent future erosion; the plan shall
require that after completion of the anticipated operation the area
shall be cleared of all debris and be left in a clean condition, subject
to the approval of the Town Board or its agent. The reclamation plan
shall indicate the proposed future use or uses of the site; however,
the proposed reuse of the site for a dumping grounds shall have the
concurrence of the Town Board.
(8)
Application for a permit for mineral extraction operations proposed
to be located within 600 feet of a residential district or residential
subdivision, or within 300 feet of any building occupied for residential
purposes; or for a hot blacktop mix or a ready-mix concrete plant,
shall not be granted except on approval of the Town Board given after
the public hearing has been held.
(9)
The permit shall be for a period of time as stated in the application
or as modified by the Plan Commission and Town Board. The Plan Commission
and Town Board, where such approval is required, shall consider the
effect of the proposed operation and the proposed reclamation upon
existing and future conditions, including streets, neighboring land
development, land use drainage, water supply, water pollution, air
pollution, soil erosion, natural beauty and land value of the locality.
The application and/or reclamation plan may be approved, approved
conditionally, or rejected.
(10)
No permit shall be granted for a period of time exceeding four
years, unless approved by the Town Board. A renewal may be granted
upon application provided that the applicant has fully complied with
the terms of this chapter and the permit issued hereunder. A public
hearing will be required prior to renewal.
(11)
The fee for filing shall be in an amount as set from time to
time by resolution of the Town Board, plus actual Town expenses. Permit
fees shall be paid to the Town of Wescott.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(12)
Approval from the Wisconsin Department of Natural Resources
may be needed if the operations are located within an area regulated
by the Shawano County Shoreland Zoning Ordinance.
(13)
All existing mineral extraction operations lawfully operated
prior to the adoption date of this chapter shall be considered legal,
but nonconforming uses and may be continued provided that they have
been worked prior to the date of the adoption of this provision of
this chapter.
F.
Public utility or public service corporation building or structures,
provided the Plan Commission and Town Board shall find that the proposed
location of such buildings or structures is reasonably necessary for
the public convenience, safety or welfare.
G.
Salvage or junkyard. Land uses that include any land or structure used for a salvaging operation, including but not limited to the aboveground outdoor storage, collection, recycling, dismantlement, and/or sale of items listed in § 285-28G(1). Licensed recycling facilities involving on-site outdoor storage of salvage materials are not included in this land use.
(1)
"Junk" shall include, but is not limited to: old iron, steel, brass,
copper, tin, lead, or other base metals; old cordage, ropes, rags,
fibers, or fabrics; old rubber; old bottles or other glass; wastepaper
and other waste or discarded material which might be prepared to be
used again in some form; and any or all of the foregoing; inoperable
appliances and machinery; and unlicensed motor vehicles or no longer
used as such, to be used for scrap metal or stripping of parts; but
"junk" shall not include materials or objects accumulated by a person
as by-products, waste, or scraps from the operation of his own business
or materials or objects held and used by a manufacturer as an integral
part of his own manufacturing process.
(2)
The area on the premises where junk is kept (other than indoors)
shall be enclosed by a wall or fence except for entrances and exits.
(a)
Entrances and exits shall not be wider or more numerous than
reasonably necessary for the conduct of the business.
(b)
When two or more vehicle dismantling yards, junk and salvage
yards, and/or vehicle impounding yards have a common boundary line,
a solid wall or solid fence shall not be required on such common boundary
line; provided, however, that a solid wall or solid fence shall enclose
the entire combined area devoted to such uses.
(c)
Fences and walls shall be of uniform heights in relation to
the ground upon which they stand. They shall be a minimum of eight
feet high or a height sufficient to screen salvage from view and shall
not exceed 12 feet in height. They shall be of wood or metal painted
one inconspicuous earth-tone color, and shall enclose the entire site.
(d)
Junk or salvage materials shall not be piled higher than the
height of the fence, not against the fence.
(e)
An unobstructed interior firebreak 16 feet in width shall be
maintained adjacent to the fence or wall and completely surrounding
the junk or salvage yard.
(3)
A vegetated buffer area is required to create additional screening
and containment of salvage and to soften the appearance of the fence
or wall.
(a)
The buffer area cannot substitute for a fence or wall and berms
cannot substitute for either.
(b)
No buildings, structures, outdoor storage areas or other facilities
shall be located in any part of a buffer area.
(c)
The buffer area must be at least 25 feet wide adjacent to the
exterior of the fence or wall.
(d)
The buffer area shall be planted and maintained with a continuous
stand of mixed trees and shrubs sufficient to extend above the fence
or wall and obscure the majority of it from view within five years.
(4)
All buildings, structures, outdoor storage areas, other facilities
and the required fence or wall shall be set back at least 300 feet
from public roadways and 100 feet from rear and side lot lines.
(5)
No oil, grease, tires, gasoline, rubber, plastic asphalt or similar
material shall be burned at any time, and all other burning shall
be in accordance with applicable state and local regulations.
(6)
All junk and salvage yards shall be maintained so as to avoid creating
a public or private nuisance, including but not limited to any offensive
or noxious sounds or odors and breeding or harboring of rats, flies,
mosquitoes, or other vectors.
(7)
Drainage facilities shall be established to protect surface and groundwater
resources.
(8)
Noxious weeds shall be controlled.
(9)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects may be stored outdoors only if enclosed in containers
which are adequate to eliminate such hazards.
(10)
No materials or wastes shall be deposited on a site so as to
allow their transportation off the site by normal natural causes.
(11)
No such facility shall discharge at any point into any public
or private sewage disposal system or waterway, or into the ground,
any liquid or solid materials except in accordance with the regulations
of the Wisconsin Department of Natural Resources and the Wisconsin
Department of Safety and Professional Services.
(12)
Toxic and hazardous materials including, but not limited to,
gasoline, oil, antifreeze, brake fluids, Freon and transmission oil
shall be removed from any scrapped engines, vehicles, appliances or
containers on the premises and shall be recycled or disposed of in
compliance with applicable regulations.
H.
Solid or hazardous waste facility. Land uses that include any area,
lot, land, parcel, building, or structure, or part thereof, used for
deposit, disposal, processing, or transfer of solid, demolition, or
hazardous waste.
(1)
Solid or hazardous waste facilities that otherwise would meet the
tests of applicability, but that are on the same land where the waste
is generated and are conducted as part of the farm or business (other
than waste treatment/disposal business) on that land.
(2)
Any waste facility to which this chapter applies must have advance
approval and the issuance of a conditional use permit by the Town
Board of the Town of Wescott before operations may be commenced.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
To approve such a facility, the Town must determine that the facility
will not harm the health, safety and welfare of the community and
the good order and convenience of the community and the public.
(4)
In making approvals, the Town is encouraged to impose reasonable
requirements on applications in order to avoid nuisance conditions.
A.
Governmental, institutional, religious, or nonprofit community uses.
This type of use can generally be compatible with residential land
uses, such as small churches, small private schools, small clinics,
post offices, town hall, fire stations, funeral homes, and recreational
or fraternal facilities such as clubs and lodges, meeting halls, and
community centers.
B.
Outdoor public recreation - passive. Land uses that include recreational
uses located on public or private property which involves passive
recreational activities that are open to the public or to customers,
patrons, or members.
(1)
Passive uses include arboretums, natural areas, wildlife areas, hiking
trails, bike trails, ski trails, horse trails, open grassed areas
not associated with any particular active recreational land use, picnic
areas, picnic shelters, gardens, fishing areas, and similar land uses.
(2)
Waterfront recreational uses shall adhere to the following provisions:
(a)
The area shall be compatible with adjacent land or water uses.
(b)
The provisions of the Shawano County Shoreland Zoning Ordinance
shall apply.
(c)
Entrances and exits are designed and located as to not interfere
with the public's or adjacent landowner's access to public waters.
(d)
Any lighting facilities are designed as to minimize reflection
or glare on or over the water except navigation aids.
(3)
Maintenance and storage buildings, parking lots and sanitary facilities
are effectively screened from the water and adjacent properties by
vegetative growth.
C.
Outdoor public recreation - active. Land uses that include recreational
uses located on public or private property which involves active recreational
activities that are open to the public or to customers, patrons, or
members.
(1)
Active uses include play courts (such as tennis courts and basketball
courts), playfields (such as ball diamonds, football fields, and soccer
fields), tot lots, outdoor swimming pools, swimming beach areas, fitness
courses, golf courses, and similar land uses.
(2)
Waterfront recreational uses, including bleachers, spectator stands,
motor-driven rides, concession stands and similar uses are effectively
screened from adjacent properties by vegetative growth.
(3)
Shooting ranges for firearms shall adhere to the following provisions
(as determined by the Plan Commission and Town Board):
(a)
Potential hazards to adjacent uses.
(b)
Topography and ground cover.
(c)
Noise.
(d)
The firing of rifled arms and shotgun slugs shall not be permitted
directly toward or over navigable waters, public or private roads
or drives; toward any building or structure not directly toward any
population concentration which is located within 1/2 mile.
(e)
An adequate shot fall or bullet impact area.
(f)
A defined firing line or firing direction.
(g)
Adequate target backstops for the firing of rifled arms.
D.
Campground or camping resort.
(1)
A campground is any premises designed, maintained, intended, or used
for the purpose of providing campsites for overnight, temporary sleeping
accommodations for recreation or travel by persons paying a fee. Campgrounds
include sites that accommodate portable camping units. Camping units
within campgrounds may not be placed or attached to a permanent foundation
or structure at the campsite, except that attachment to an approved
sewage disposal system or to an approved water supply system is permitted.
(2)
A camping resort is similar to a campground, except that camping
resorts include sites that may accommodate a variety of both portable
and permanent/semipermanent camping units. Camping units and other
structures within camping resorts may be placed or attached to a permanent
foundation or structure at the campsite, including attachment to an
approved sewage disposal system or to an approved water supply system
is permitted.
(3)
All new or expanded campgrounds or camping resorts shall include
the following information in their application:
(a)
A written description of the proposed operation, including proposed
months of operation; desired types of camping units; other ancillary
uses proposed for the site; and assurances that the campground will
be developed and operated in accordance with all approved plans.
(b)
A campground or camping resort plan map(s), drawn to scale,
and including the proposed layout; location of campsites, roads, parking
areas, site boundaries; topography lines; minimum required yards;
existing and proposed buildings and other structures; common recreational
facilities; water supplies; sanitary waste disposal systems; grading
plan and stormwater management system; covered refuse storage areas;
existing natural features including waterways, wetlands, floodplains,
and shoreland areas; existing and proposed vegetation and recreation
areas, and any other information the Zoning Administrator shall deem
necessary. Professional engineering assistance is encouraged in such
design, especially of access roadways, camping unit siting, site grading
and stormwater management, and utility placement.
(4)
Campground or camping resort shall meet the following performance
standards:
(a)
Camping units shall not be occupied by the same party for periods
of time longer than six continuous months in any twelve-month period,
except as may be further limited by State Statutes or Administrative
Rules.
(b)
Campground or camping resort shall have direct access to a public
road, with no more than two camp road access points to each abutting
public road for the first 100 campsites, plus one additional access
for each 100 sites thereafter.
(c)
Camp sites and access roads shall be located, graded, and maintained
so as to provide each site with positive site drainage and be free
from flooding and control dust.
(d)
Minimum lot size for any campground or camping resort established
after February 16, 2012, shall be 10 acres.
(e)
Maximum gross density shall be eight individual campsites per
acre. No more than 10% of the site used in the calculation of maximum
density shall include floodplains or wetlands. Campgrounds that existed
prior to February 16, 2012 and that have a gross density greater than
eight campsites per acre may expand the number of campsites only if
additional, contiguous acreage is added to the campground such that
the existing density is not exceeded.
(f)
Each individual campsite shall have sufficient area for one
camping unit on that site, with at least a fifteen-foot minimum yard
between the camping unit and the site access roadway, and 10 feet
to any side or rear campsite lot line. In the absence of readily definable
lot lines, a ten-foot minimum required yard shall be maintained between
the nearest part of the camping unit and any adjacent camping unit.
Individual campsites shall have at least 30 feet of width and 40 feet
of depth. Such standards shall also apply to allowed tourist rooming
houses in approved camping resorts.
(g)
Separate areas may be designated as a campground for group camping
in tents. Within each group camping area, no more than 20 tents containing
no more than 80 persons per acre shall be permitted. The group camping
area must be provided with proper sanitary service as required by
state statutes.
(h)
Each campground or camping resort may have one single-family
dwelling for the private use and occupation of the owners or caretakers
of the campground.
(i)
Each campground or camping resort may, for only those persons
camping on site, provide for purchases of sundry supplies, cooked
meals, and drinks including alcoholic beverages, if so licensed by
the Town of Wescott.
(j)
Each campground or camping resort may accommodate common recreational
facilities and amenities such as swimming pools, tennis courts, and
other similar facilities.
(k)
New or expanded campgrounds or camping resorts may be required
to provide a landscaped buffer where the use abuts a residential use
or a residential zoning district.
(l)
Each campground or camping resort established after February
16, 2012, shall provide a minimum of 200 square feet per camping unit
or one continuous acre of common recreation open space, whichever
is greater. Yard areas within minimum required setbacks around the
perimeter of the campground and land within landscaped transitional
yards may not be counted towards meeting this requirement. Such standards
shall also apply to allowed tourist rooming houses in approved camping
resorts.
(m)
Each campground or camping resort shall be maintained under
a common ownership so that responsibility can be easily placed for
cleaning of common facilities such as water supply, sewage disposal
station, toilet, laundry, and washrooms, and refuse areas, and for
enforcement of campsite cleanliness.
(n)
For areas of a camping resort designated for and/or occupied
by mobile/manufactured homes, camping cabins, park models, yurts,
or other permanent or semipermanent units, including dwellings that
meet the definition of a tourist rooming house, there shall be a forty-foot
landscaped transitional yard between the exterior boundaries of such
areas and adjacent properties or public roads.
(o)
Each campground and camping resort shall comply with all state
regulations applicable to campgrounds, except as may be permitted
through other licenses or approvals from the state.
(p)
In addition to any state required license fee, each operator
of a campground or camping resort shall provide the Town of Wescott
with an annual fee (determined annually and on file at the Town Clerk's
office) to enable the Town of Wescott to confirm compliance with the
standards of this chapter and fulfill state reporting requirements.
(q)
Generator use shall be limited to the hours of 7:00 a.m. to
10:00 p.m.
E.
Airport. Any area of land or water which is used, or intended to
be used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or intended to be used, for airport buildings
or navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon.
