Article III Zoning Districts

[Amended 2-6-2007 by Ord. No. 2-1-2007; 6-16-2025 by Ord. No. Z2025.06.03[1]]

Districts established. For the purpose of this Zoning Code, the Town of Trenton is hereby divided into the following districts:

EA Exclusive Agricultural District

AT Agricultural Transition District

AE Agricultural Enterprise District

A-1 Agricultural District

R-1 Single-Family Residential District (Unsewered)

R-2 Single-Family Residential District (Unsewered)

R-3 Rural Residential District

R-4 Single-Family Residential District (Sewered)

R-5 Single-Family Residential District (Sewered)

R-6 Two-Family Residential District (Unsewered)

R-7 Two-Family Residential District (Sewered)

R-8 Multiple-Family Residential District (Unsewered)

B-1 Local Business District

B-2 Highway Business District

M-1 Industrial District

I-1 Rural Institutional District (Unsewered)

I-2 Urban Institutional District (Sewered)

P-1 Park District

CES 5 Country Estate District (Hobby Farms - Country Homes, Unsewered)

CES 10 Country Estate District (Hobby Farms - Country Estates, Unsewered)

PDO Planned Development Overlay District

C-1 Conservancy District

Boundaries. Boundaries of these districts are hereby established as shown on the map titled "Zoning Map, Town of Trenton, Wisconsin," dated March 31, 1986, which map accompanies and is hereby made a part of this Zoning Code. Unless otherwise noted on the Zoning Map, such boundaries shall be construed to follow corporate limits; United States Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements and railroad rights-of-way; or such lines extended.

Road vacation. Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

Zoning Map. A certified copy of the Zoning Map shall be adopted and approved with the text as part of this Zoning Code and shall bear upon its face the attestation of the Town Chairperson and Town Clerk and shall be available to the public in the office of the Town Clerk. Changes, thereafter, to the general zoning districts shall not become effective until entered and attested on the certified copy.

[1]

Editor's Note: This ordinance also repealed former § 380-13, Zoning Map, and redesignated former §§ 380-14 and 380-14.1 as §§ 380-13 and 380-14, respectively.

§ 380-13 EA Exclusive Agricultural District.

[Amended 3-19-2019 by Ord. No. Z2019-02-03; 8-21-2023 by Ord. No. Z2023.08.01; 12-16-2024 by Ord. No. Z2024.12.02; 6-16-2025 by Ord. No. Z2025.06.03]

Purpose. The Exclusive Agriculture District is intended to preserve and enhance land for agricultural uses. Confined livestock operations are regulated as a conditional use to ensure compatible land use. The district's uses and regulations are designed to implement Comprehensive Plan goals by encouraging agricultural uses in areas where soil and other conditions are best suited to these agricultural pursuits, and controlling residential development to avoid potential conflict with agriculture uses. The EA district is generally compatible with the "Prime Agriculture" and "Open Space" land use designations of the Comprehensive Plan.

Permitted uses. The following uses are permitted by right in this district without any further notice of approval to or from the local unit of government:

(1)

Agricultural uses, including livestock facilities of no more than 499 animal units, subject to compliance with property development standards.

(2)

Single-family residence.

(3)

"Value Added" agriculture.

(4)

Roadside stand.

(5)

Signage (see § 380-73).

(6)

Agricultural sales and service.

(7)

Agricultural storage.

(8)

Agricultural research and development.

(9)

Other agriculturally-related structures and improvements.

(10)

Stable, commercial.

(11)

Utility, minor.

(12)

Ponds for private recreational purposes.

Conditional uses. The following uses may be allowed in this district if reviewed and approved in accordance with standards in this section:

(1)

Livestock facilities of 500 to 999 animal units (as defined by NR 243.03, Subdivision (3), Wis. Adm. Code, as of April 27, 2004, and referenced in the Animal Units Conversion Chart), on individual or contiguous parcels totaling 70 acres or more. Note that any farms with permitted active livestock operations in existence when this provision is enacted are exempt from this conditional use permit requirement.

(2)

Mining and extraction.

(3)

Communication tower, commercial.

(4)

Utility, major, provided that all principal structures and uses are not less than 50 feet from any residential district property line.

(5)

Specialized agriculturally related uses such as sawmills, fur farms, stables, paddocks and equestrian trails.

(6)

Veterinary offices and clinics intended to service farm animals.

(7)

Commercial raising and propagation of animals such as dogs, cats, mink, rabbits, and foxes.

(8)

Business of boarding of animals such as horses and dogs.

(9)

Alternative agricultural activities limited to barn weddings, barn wedding receptions, private barn receptions and corporate barn parties.

(10)

Archery sales and shooting ranges, provided that all structures are not less than 50 feet from any district boundary.

(11)

Accessory apartments, provided that:

(a)

The principal dwelling has a minimum living area of 1,200 square feet, excluding the accessory dwelling unit;

(b)

There may be only one accessory apartment per dwelling unit;

(c)

The accessory apartment shall have a minimum living area of 600 square feet and no more than one bedroom; and

(d)

The accessory apartment shall be occupied by a person related to the owner of the principal dwelling unit by blood, marriage or adoption, or employed on the farm.

(12)

Landscaping, lawn care, masonry, carpenter/contractor, and other businesses which may utilize off-site workers/employees, provided that:

(a)

Employees are not employed on the premises and they do not visit the residence during the course of business;

(b)

Employees shall not report to or park at the residence for work orders or other business reasons; and

(c)

No materials, supplies or equipment to be used in other locations can be stored at the residence in which the home occupation is operated.

Property development standards.

(1)

Minimum lot area. No building, structure or use shall be established on any parcel or contiguous parcels with common ownership totaling less than 35 acres.

(2)

Parcel width. No farm shall be less than 600 feet in width.

(3)

Building height and area.

(a)

No farm buildings or parts of farm buildings shall exceed 100 feet in height.

(b)

No farm dwelling or part of a farm dwelling shall exceed 35 feet in height.

(c)

The total minimum living area of a farm dwelling or other residential dwelling shall be 1,200 square feet with a minimum first floor area of 800 square feet.

(4)

General setbacks for all buildings except livestock structures.

(a)

For property fronting Class B highways, a minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(b)

A minimum shore yard of 75 feet from the high-water elevation of any navigable water shall be required.

(c)

The following rules shall apply to new structures in the EA District, including reconstruction of structures that were destroyed by fire or act of God:

[1]

There shall be a side yard of not less than 25 feet in width on each side of all structures.

[2]

There shall be a rear yard of not less than 25 feet.

(d)

When considering a land division and/or Zoning Map amendment request, the Plan Commission may allow a minimum side and/or rear yard setback of not less than 10 feet from existing accessory structures in the EA District. However, agricultural accessory structures which are allowed a setback of less than 25 feet shall not be used to house animals.

(5)

General setbacks (applies to livestock structures).

(a)

Property lines.

[1]

Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from the property line.

[2]

The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the effective date of the setback requirement, except that a structure may not be expanded closer to the property line.

(b)

Public road right-of-way.

[1]

Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from public road right-of-way.

[2]

(c)

Waste storage structure.

[1]

A new waste storage structure may not be located within 350 feet of a property line, or within 350 feet of the nearest point of any public road right-of-way.

[2]

A single new waste storage structure may be constructed closer to the property line or public road if a new structure is:

[a]

Located on the same tax parcel as a waste storage structure in existence before May 1, 2006.

[b]

No larger than the existing structure.

[c]

No further than 50 feet from the existing structure.

[d]

No closer to the road or property line than the existing structure.

[3]

This setback requirement does not apply to existing waste storage structures, except that an existing structure within 350 feet of a property line or road may not expand toward that property line or road.

(6)

Water quality and related setbacks.

(a)

Navigable waters and wetlands. A livestock facility shall comply with setback and related requirements in any applicable shoreland or wetland zoning ordinances enacted within the scope of authority granted under §§ 59.692, 61.351 or 62.231, Wis. Stats.

(b)

Floodplain. A livestock facility shall comply with setback and related requirements in any applicable floodplain zoning ordinance that is enacted within the scope of statutory authority under § 87.30, Wis. Stats.

(c)

Wells. All wells located within in a livestock facility shall comply with Chs. NR 811 and 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chs. NR 811 and 812, Wis. Adm. Code, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.

(7)

Single-family residences. No single-family residence shall be constructed within 1,000 feet of a livestock structure or building, including animal waste storage areas. This provision shall not apply to dwelling units that are accessory to a livestock facility.

§ 380-14 AE Agricultural Enterprise District.

[Added 8-21-2023 by Ord. No. Z2023.08.01; amended 6-16-2025 by Ord. No. Z2025.06.03]

Purpose. The Agricultural Enterprise District is intended to preserve and promote a full range of agricultural uses, secure land for livestock production and other agricultural uses that may be more intensive than crop production, strengthen agriculture's contribution to an area's economic base (including new employment opportunities), support processing, value added, and other activities closely allied to the agricultural industry, and prevent conversion of land identified as a valuable agricultural resource to uses that are not consistent with agriculture. The district's uses and regulations are designed to implement Comprehensive Plan goals by encouraging livestock and other agricultural uses in areas where conditions are best suited to these agricultural pursuits and discouraging residential development to avoid potential land use conflict. The AE District is generally compatible with the "prime agriculture" and "open space" land use designations of the Comprehensive Plan. Due to the more intensive nature of uses allowed, the AE District is not intended to be applied near moderately to densely populated areas, and it is not intended to accommodate residential uses as principle uses.

Permitted uses. The following uses are permitted by right in this district without any further notice of approval to or from the local unit of government:

(1)

Agricultural uses, including livestock facilities of no more than 999 animal units (as defined by NR 243.03, Subdivision (3), Wis. Adm. Code, as of April 27, 2004, and referenced in the Animal Units Conversion Chart), subject to compliance with property development standards.

(2)

Single-family residence.

(3)

"Value Added" agriculture.

(4)

Roadside stand.

(5)

Signage (see § 380-73).

(6)

Agricultural sales and service.

(7)

Agricultural storage.

(8)

Agricultural research and development.

(9)

Other agriculturally-related structures and improvements.

(10)

Stable, commercial.

(11)

Utility, minor.

(12)

Ponds for private recreational purposes.

Conditional uses.

(1)

Bed and breakfast.

(2)

Communication tower, commercial.

(3)

Mining and extraction.

(4)

Utility, major, provided that all principal structures and uses are not less than 50 feet from any residential district property line.

(5)

Specialized agriculturally related uses such as sawmills, fur farms, stables, paddocks and equestrian trails in the EA Agricultural District.

(6)

Veterinary offices and clinics intended to service farm animals.

(7)

Commercial raising and propagation of animals such as dogs, cats, mink, rabbits, and foxes.

(8)

Business of boarding of animals such as horses and dogs.

(9)

Alternative agricultural activities limited to barn weddings, barn wedding receptions, private barn receptions and corporate barn parties.

(10)

Archery sales and shooting ranges, provided that all structures are not less than 50 feet from any district boundary.

(11)

Accessory apartments, provided that:

(a)

The principal dwelling has a minimum living area of 1,200 square feet, excluding the accessory dwelling unit;

(b)

There may be only one accessory apartment per dwelling unit;

(c)

The accessory apartment shall have a minimum living area of 600 square feet and no more than one bedroom; and

(d)

The accessory apartment shall be occupied by a person related to the owner of the principal dwelling unit by blood, marriage or adoption, or employed on the farm.

(12)

Landscaping, lawn care, masonry, carpenter/contractor, and other businesses which may utilize off-site workers/employees, provided that:

(a)

Employees are not employed on the premises and they do not visit the residence during the course of business;

(b)

Employees shall not report to the residence for work orders or other business reasons; and

(c)

No materials, supplies or equipment to be used in other locations can be stored at the residence in which the home occupation is operated.

(13)

Livestock facilities of 1,000 or more animal units (as defined by NR 243.03, Subdivision (3), Wis. Adm. Code, as of April 27, 2004, and referenced in the Animal Units Conversion Chart), subject to the following conditions and procedures:

(a)

Permits for existing livestock facilities.

[1]

A permit is required for the expansion of a preexisting or previously approved livestock facility if the number of animal units kept at the expanded livestock facility will exceed all the following:

[a]

The applicable size threshold for a conditional use permit established in the zoning district where the facility is located.

[b]

The maximum number previously approved or, if no maximum number was previously approved, a number that is 20% higher than the number kept on May 1, 2006, or on the effective date of the permit requirement, whichever date is later.

[2]

A permit is not required for a livestock facility that existed and had already been permitted by law or conditional use permit before May 1, 2006, or before the effective date of the permit requirement in this chapter except as provided in Subsection C(13)(a).

[3]

A permit is not required for a livestock facility that was previously issued a conditional use permit or other local approval except as provided in Subsection C(13)(a). A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, except as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility.

(b)

Application procedure. A livestock operator must complete the application and worksheets prescribed by Ch. ATCP 51, Wis. Adm. Code, including any authorized local modifications. The application requirements specified in Ch. ATCP 51, Wis. Adm. Code, are incorporated by reference, without reproducing them in full. The application form and worksheets establish compliance with the standards in Ch. ATCP 51, Wis. Adm. Code, and this chapter. The operator must file four duplicate copies of the application form, including worksheets, maps, and documents (other than engineering design specifications) included in the application.

(c)

Application fee. A nonrefundable application as listed in the Town of Trenton Official Fee Schedule shall accompany any application.

(d)

Application review procedure.

[1]

Within 45 days after the Town receives an application, it shall notify the applicant whether the application is complete. If the application is not complete, the notice shall describe the additional information needed. Within 14 days after the applicant provides all the required information, the Town shall notify the applicant that the application is complete. This notice does not constitute an approval of the proposed livestock facility.

[2]

Within 14 days after the Town notifies an applicant that the application is complete, the Town shall notify landowners within 2,000 feet of the applicant's property. The Town shall use the approved notice form in Ch. ATCP 51, Wis. Adm. Code, and mail a written notice to each landowner.

[3]

The Town shall grant or deny an application within 90 days after the notice of a complete application is provided as required by Subsection C(13)(d)[2] above. The Town may extend this time limit for good cause, including any of the following:

[a]

The Town needs additional information to act on the application.

[b]

The applicant materially modifies the application or agrees to an extension. The Town shall give written notice of any extension. The notice shall specify the reason for the extension, and the extended deadline date by which the Town will act on the application.

(e)

Public hearing. The Town shall schedule a public hearing on the application within 90 days after issuing notice of a complete application.

(f)

Standards. The standards for issuing a permit are as follows:

[1]

The state livestock facility siting standards adopted under Ch. ATCP 51, Wis. Adm. Code. These standards are incorporated by reference, without reproducing them in full.

[2]

Setbacks authorized by this chapter.

(g)

Criteria for issuance of a permit.

[1]

A permit shall be issued if the application for the proposed livestock facility contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets the standards specified in this chapter.

[2]

A permit may be denied if any of the following apply:

[a]

The application, on its face, fails to meet the standard for approval.

[b]

The political subdivision finds, based on other clear and convincing information in the record, that the proposed livestock facility does not comply with applicable standards in this chapter.

[c]

Other grounds authorized by § 93.90, Wis. Stats., that warrant disapproving the proposed livestock facility.

[3]

No conditions may be imposed on the permit other than standards provided in this chapter.

(h)

Record of decision.

[1]

The Town Board shall issue its decision in writing. Its decision shall be based on written findings of fact supported by evidence in the record.

[2]

If a permit is approved, the applicant shall receive a duplicate copy of the approved application, marked "approved." The duplicate copy must include worksheets, maps, and other documents (other than engineering specifications) included in the application.

(i)

Notice to the DATCP. The Town Clerk (as required by ATCP 51.36, Wis. Adm. Code) within 30 days of the Town's decision on the application shall:

[1]

Submit written notice to the Department of Agriculture, Trade and Consumer Protection of the Town's decision.

[2]

File with the DATCP a copy of the final application granted or denied if the Town has granted or denied an application under this chapter. The copy shall include all the worksheets, maps and other attachments included in the application, except that it is not required to include the engineering design specifications.

[3]

If the Town has withdrawn a local approval under this chapter, file with DATCP a copy of the final notice or order withdrawing the local approval.

(j)

Expiration of permit. A permit remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted under the permit, and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the Town Board may treat a permit as lapsed and withdraw the permit if the permit holder fails to do all the following within two years after issuance of permit:

[1]

Begin populating the new or expanded livestock facility.

[2]

Begin constructing all the new or expanded livestock housing or waste storage structures proposed in the permit application.

(k)

Permit modifications. The operator may make reasonable changes that maintain compliance with the standards in this chapter, and the Town Board shall not withhold authorization for those changes.

(l)

Compliance monitoring. The Town Board shall monitor compliance with this chapter as follows:

[1]

Upon notice to the livestock facility owner, the Zoning Administrator or designee may request to personally view the permitted facility at a reasonable time and date to ensure that the owner is complying with all commitments of the application as approved.

[2]

If the livestock facility owner refuses the Zoning Administrator the right to view the permitted facility, the Zoning Administrator may obtain a special inspection warrant from the circuit court to inspect the permitted facility for the purpose of protection of the public health and safety under § 66.0119, Wis. Stats.

[3]

If a permitted facility is found to be in violation of the commitments made in the approved application, the Zoning Administrator shall issue written notice to the livestock facility owner stating the violations and directing the owner to comply with the commitments of the approved application within a reasonable amount of time stated in this written notice.

[4]

If noncompliance of the permit conditions as described in the written notice given by the Zoning Administrator continue past the stated reasonable time to comply, the Zoning Administrator may take further action as provided in this chapter, including but not limited to issuance of a citation or seeking injunctive relief.

[5]

If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request a hearing, in writing, within 14 days of receipt of the notice of noncompliance. The Town Board shall schedule a hearing within 30 days to determine whether violations of the permit conditions exist.

(m)

Terms of the permit. A permit and the privileges granted by a permit issued under this chapter is conditioned on the livestock operator's compliance with the standards in this chapter, and with commitments made in the application for a permit. The Town is authorized to suspend a permit or seek other redress provided in this chapter for noncompliance.

(n)

Transferability. A permit and the privileges granted by the permit run with land, and remain in effect, despite a change in ownership of the livestock facility, if the new operator does not violate the terms of the local approval. An applicant may record with the Register of Deeds, at the applicant's expense, the duplicate copy of the approved application. Upon change of ownership of the livestock facility, the new owner of the facility shall file information with the Town Clerk providing pertinent information, including but not limited to such information as the name and address of the new owner and date of transfer of ownership.

(o)

Definitions. The following definitions shall apply to this section of the Code and any other subsection referencing approvals which would be granted pursuant to this section.

ADJACENT

Located on land parcels that touch each other, or on land parcels that are separated only by a river, stream, or transportation or utility right-of-way.

AGRICULTURAL USE

Beekeeping, commercial feedlots, dairying, egg production, floriculture, fish farming, forest and game management, grazing, livestock raising, orchards, plant greenhouses and nurseries, poultry raising, raising of grain, grass, mint and seed crops, raising of fruits, nuts and berries, sod farming, placing land in federal programs in return for payments in kind, owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836, participating in the milk production termination program under 7 U.S.C. § 1446, Subdivision (d), and vegetable raising.

ANIMAL UNIT

Has the meaning given in NR 243.03, Subdivision (3), Wis. Adm. Code, as of April 27, 2004. (See Animal Units Conversion Chart.)

COMPLETE APPLICATION FOR LOCAL APPROVAL

An application that contains everything required under ATCP 51.30, Subdivision (1) to (4), Wis. Adm. Code.

CONTIGUOUS

Contiguous means connected or "next to," meaning land adjoining or touching by a common corner or a common boundary line. Contiguous includes land having common ownership but divided by a road or other right-of-way.

DATCP

The Department of Agriculture, Trade, and Consumer Protection.

EXPANDED LIVESTOCK FACILITY

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

[1]

Note: This chapter applies to local approvals of new or expanded livestock facilities that will have 500 or more animal units (or will exceed a lower permit threshold incorporated in a local zoning ordinance prior to July 19, 2003). See ATCP 51.02, Wis. Adm. Code. Although this subsection covers all livestock structures in an expanded livestock facility, existing structures are subject to less rigorous standards than new or expanded structures and are completely exempt from certain requirements.

EXPANSION

An increase in the largest number of animal units kept at a livestock facility on at least 90 days in any 12-month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an expansion unless that operator increases the largest number of animal units kept at the combined livestock facilities for at least 90 days in any 12-month period.

LIVESTOCK

Domestic animals traditionally used in this state in the production of food, fiber, or other animal products. "Livestock" includes cattle, swine, poultry, sheep, and goats. "Livestock" does not include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids, or mink.

LIVESTOCK FACILITY

A feedlot, dairy farm, or other operation where livestock are or will be fed, confined, maintained, or stabled for a total of 45 days or more in any 12-month period. A "livestock facility" includes all the tax parcels of land on which the facility is located but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this subsection, except that an operator may elect to treat a separate species facility as a separate livestock facility.

LIVESTOCK STRUCTURE

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

NAVIGABLE WATERS

Has the meaning given in § 30.01, Subdivision (4m), Wis. Stats.

NEW LIVESTOCK FACILITY

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

OPERATOR

A person who applies for or holds a local approval for a livestock facility.

PERSON

An individual, corporation, partnership, cooperative, limited-liability company, trust, or other legal entity.

POPULATE

To add animal units for which a permit or other local approval is required.

PROPERTY LINE

A line that separates parcels of land owned by different persons.

QUALIFIED NUTRIENT MANAGEMENT PLANNER

A person qualified under ATCP 50.48, Wis. Adm. Code.

RELATED LIVESTOCK FACILITIES

[1]

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

[a]

They are located on the same tax parcel or adjacent tax parcels of land. Note: A mere acquisition of a neighboring livestock facility does not constitute an expansion unless more animal units are added to the combined facilities.

[b]

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

[c]

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

[2]

Note: Compare definition of "animal feeding operation" under NR 243.03, Subdivision, (2), Wis. Adm. Code. Related livestock facilities are treated as a single livestock facility for purposes of local approval, except that a separate species facility may be treated as a separate livestock facility.

SEPARATE SPECIES FACILITY

A livestock facility that meets all the following criteria:

[1]

It has only one of the following types of livestock, and that type of livestock is not kept on any other livestock facility to which the separate species facility is related (see definition of a "related livestock facility"):

Cattle.

Swine.

Poultry.

Sheep.

Goats.

It has no more than 499 animal units.

[3]

Its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related.

[4]

It meets one of the following criteria:

[a]

Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related.

[b]

It and the other livestock facilities to which it is related have a combined total of fewer than 1,000 animal units.

WASTE

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

WASTE STORAGE FACILITY

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

WASTE STORAGE STRUCTURE

A waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. "Waste storage structure" does not include equipment used to apply waste to land. For purposes of ATCP 51.12, Subdivision (2) and 51.14, Wis. Adm. Code, "waste storage structure" does not include any of the following:

[1]

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

[2]

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

WINTER GRAZING AREA

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

[1]

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

[2]

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

[3]

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

[4]

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

WPDES PERMIT

A Wisconsin pollutant discharge elimination system permit issued by DNR under Ch. NR 243, Wis. Adm. Code.

Property development standards.

(1)

Minimum lot area. No building, structure or use shall be established on any parcel or contiguous parcels with common ownership totaling less than 130 acres.

(2)

Parcel width. No farm shall be less than 600 feet in width.

(3)

Building height and area.

(a)

No farm buildings or parts of farm buildings shall exceed 100 feet in height.

(b)

No farm dwelling or part of a farm dwelling shall exceed 35 feet in height.

(c)

The total minimum living area of a farm dwelling or other residential dwelling shall be 1,200 square feet with a minimum first floor area of 800 square feet.

(4)

General setbacks.

(a)

Property lines.

[1]

Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from the property line if the livestock facility will have fewer than 1,000 animal units, and 200 feet from the property line if the livestock facility will have 1,000 or more animal units.

[2]

(b)

Public road right-of-way.

[1]

Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from public road right-of-way if the livestock facility will have fewer than 1,000 animal units, and 150 feet from a public road right-of-way if the livestock facility will have 1,000 or more animal units.

[2]

(c)

Waste storage structure setback.

[1]

A new waste storage structure may not be located within 350 feet of a property line, or within 350 feet of the nearest point of any public road right-of-way. A single new waste storage structure may be constructed closer to the property line or public road if a new structure is:

[a]

Located on the same tax parcel as a waste storage structure in existence before May 1, 2006.

[b]

No larger than the existing structure.

[c]

No further than 50 feet from the existing structure.

[d]

No closer to the road or property line than the existing structure.

[2]

(5)

Water-quality-related setbacks.

(a)

(b)

(c)

Wells. All wells located within a livestock facility shall comply with Chs. NR 811 and 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chs. NR 811 and 812, Wis. Adm. Code, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006, may be altered if the alteration does not reduce the distance between the livestock structure and an existing well.

§ 380-15 AT Agricultural Transition District.

Purpose. The AT Agricultural District is intended to preserve existing agricultural uses in the intermediate term until an orderly transition to another planned district and use is approved by the Town Board. For this purpose, use of lands in the district should be reviewed at least once every five years, or more often when lands are annexed to adjacent communities or when urban services, such as centralized sanitary sewer or centralized water supply, are extended into the area. Lands included in this district should be those located near incorporated or urbanized areas where the predominant use is agricultural but where conversion to nonagricultural use is expected to occur in the foreseeable future. Uses permitted in the AT Agricultural District shall be consistent with those uses permitted by § 91.75, Wis. Stats., as may be amended from time to time.

Permitted uses. Those uses permitted in the EA Exclusive Agricultural District.

Permitted accessory uses. Those accessory uses permitted in the EA Exclusive Agricultural District.

Conditional uses. See §§ 380-47, 380-48 and 380-53.

[Amended 11-19-2019 by Ord. No. Z2019-11-02]

Parcel area and width. Farm parcels shall provide a contiguous lot area of not less than 35 acres, and no farm shall be less than 600 feet in width.

Building height and area.

(1)

No farm buildings or parts of farm buildings shall exceed 100 feet in height.

(2)

No farm dwelling or part of a farm dwelling shall exceed 35 feet in height.

(3)

The total minimum living area of a farm dwelling or other residential dwelling shall be 1,200 square feet with a minimum first floor area of 800 square feet.

Yards.

(1)

A minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(2)

There shall be a side yard of not less than 25 feet in width on each side of all structures.

(3)

There shall be a rear yard of not less than 25 feet.

§ 380-16 A-1 Agricultural District, Limited.

[Amended 2-6-2007 by Ord. No. 2-1-2007; 7-16-2013 by Ord. No. Z2013-07-01; 3-19-2019 by Ord. No. Z2019-02-03; 6-16-2025 by Ord. No. Z2025.06.03]

Purpose. The Limited Agriculture District is intended to provide for the continuation of low-intensity agricultural, restrict new and expanding livestock operations, provide for limited siting of single-family residences, and support other uses that maintain the rural characteristics of the area. It may serve as a buffer for more intensive agricultural uses in adjacent districts and prevent premature conversion of rural lands to urban and other non-agricultural uses. The district's use and development regulations are designed to implement the Comprehensive Plan goals by discouraging urban and suburban development in areas that are suited to agricultural uses and that are not well served by public facilities and services.

Permitted uses. The following uses are permitted by right in this district without any further notice of approval to or from the local unit of government.

(1)

Agricultural uses, including livestock facilities of no more than one animal unit (as defined by NR 243.03, Subdivision (3), Wis. Adm. Code, as of April 27, 2004, and referenced in the Animal Units Conversion Chart), per acre, not to exceed 20 animal units and subject to compliance with property development standards.

(2)

Single-family residence.

(3)

"Value Added" agriculture.

(4)

Roadside stand.

(5)

Signage (see § 380-73).

(6)

Home occupation.

(7)

Utility, minor, provided that all principal structures and uses are not less than 50 feet from any residential district property line.

Conditional uses. The following uses may be allowed in this district if reviewed and approved in accordance with standards in this section:

(1)

Livestock facilities of greater than 20 animal units, subject to property development standards.

(2)

Bed-and-breakfast.

(3)

Communication tower, commercial.

(4)

Mining and extraction.

(5)

Utility, major, provided that all principal structures and uses are not less than 50 feet from any residential district property line.

(6)

Specialized agriculturally related uses such as sawmills, fur farms, stables, paddocks and equestrian trails in the EA Agricultural District.

(7)

Veterinary offices and clinics intended to service farm animals.

(8)

Commercial raising and propagation of animals such as dogs, cats, mink, rabbits, and foxes, on parcels at least 20 acres.

(9)

Business of boarding of animals such as horses and dogs, on parcels at least 20 acres.

(10)

Alternative agricultural activities limited to barn weddings, barn wedding receptions, private barn receptions and corporate barn parties, on parcels at least 20 acres.

(11)

Archery sales and shooting ranges, provided that the lot area is not less than three acres and all structures are not less than 50 feet from any district boundary.

(12)

Accessory apartments, provided that:

(a)

The principal dwelling has a minimum living area of 1,200 square feet, excluding the accessory dwelling unit;

(b)

The dwelling unit is owner-occupied;

(c)

There may be only one accessory apartment per dwelling unit;

(d)

The accessory apartment shall have a minimum living area of 600 square feet and no more than one bedroom; and

(e)

The accessory apartment shall be occupied by a person related to the owner of the principal dwelling unit by blood, marriage or adoption.

(13)

Landscaping, lawn care, masonry, carpenter/contractor, and other businesses which may utilize off-site workers/employees, provided that:

(a)

Employees are not employed on the premises and they do not visit the residence during the course of business;

(b)

Employees shall not report to the residence for work orders or other business reasons; and

(c)

No materials, supplies or equipment to be used in other locations can be stored at the residence in which the home occupation is operated.

Property development standards.

(1)

Minimum lot area. No building, structure or use shall be established on any parcel less than five acres.

(2)

General setbacks for all buildings except livestock structures.

(a)

For property fronting Class B highways, a minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(b)

A minimum shore yard of 75 feet from the high-water elevation of any navigable water shall be required.

(c)

There shall be a side yard of not less than 25 feet.

(d)

There shall be a rear yard of not less than 25 feet.

(e)

When considering a land division and/or Zoning Map amendment request, the Plan Commission may allow a minimum side and/or rear yard setback of not less than 10 feet from existing accessory structures in the A-1 District. However, agricultural accessory structures which are allowed a setback of less than 25 feet shall not be used to house animals.

(3)

General setbacks (applies to livestock structures).

(a)

Property lines.

[1]

Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from the property line.

[2]

(b)

Public road right-of-way.

[1]

Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from public road right-of-way.

[2]

(4)

Waste storage structure.

(a)

A new waste storage structure may not be located within 350 feet of a property line, or within feet 350 feet of the nearest point of any public road right-of-way.

(b)

A single new waste storage structure may be constructed closer to the property line or public road if a new structure is:

[1]

Located on the same tax parcel as a waste storage structure in existence before May 1, 2006.

[2]

No larger than the existing structure.

[3]

No further than 50 feet from the existing structure.

[4]

No closer to the road or property line than the existing structure.

(c)

This setback requirement does not apply to existing waste storage structures, except that an existing structure within 350 feet of a property line or read may not expand toward that property line or road.

(5)

Water quality and related setbacks.

(a)

(b)

(c)

Wells. All wells located within a livestock facility shall comply with Chs. NR 811 and 812. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chs. NR 811 and 812, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006, may be altered if the alteration does not reduce the distance between the livestock structure and an existing well.

(6)

§ 380-17 R-1 Single-Family Residential District (Unsewered).

Purpose. The R-1 Residential District is intended to provide for single-family residential development at densities not to exceed 1.09 dwelling units per net acre served by on-site sanitary sewerage systems (septic tanks) and private wells and provide for smaller minimum home sizes.

Permitted uses.

(1)

Single-family dwellings with an attached garage, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single-family dwelling." Note that homes constructed without an attached garage prior to November 7, 1989, are considered legal nonconforming.

[Amended 12-18-2023 by Ord. No. Z2023.12.01]

(2)

Two-family dwellings existing at the time of adoption of this Zoning Code.

(3)

Essential services.

(4)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(5)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.

Permitted accessory uses.

(1)

Private detached garages. (See § 380-107.)

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations and professional home offices.

(4)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

Conditional uses. See §§ 380-47, 380-48 and 380-53.

Lot area and width. Lots shall have a minimum area of 40,000 square feet and shall be not less than 125 feet in width.

Building height and area.

(1)

No building or part of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

(3)

The attached garage shall be a minimum of 440 square feet in area.

Yards.

(1)

For property fronting Class B or C highways, a minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(2)

A minimum side yard of 25 feet on each side of the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

(3)

A minimum rear yard of 25 feet from the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

Keeping of chickens in R-1 Zoning.

[Added 3-21-2023 by Ord. No. Z2023.03.01]

(1)

Chicken keeping in R-1 zoning districts. Hen chickens for egg production for personal use is allowed as an accessory use in the R-1 Single-Family Residential Districts in accordance with the following requirements and standards:

(a)

A maximum of five hen chickens on a lot of at least one acre in size may be kept. Roosters are not allowed.

(b)

Chickens shall be kept in a coop which may have an adjacent fence enclosed area. A coop shall be located in the rear yard only, and shall not exceed 100 square feet in area and eight feet in height. No portion of the coop or fenced area shall be closer than 25 feet to any lot line. Applicant is responsible for determination of all applicable lot lines. Such facilities shall not conflict with any public or private utilities, drainageways or any easements related thereto. Chickens must be contained within a coop or enclosed chicken run and may not be allowed to roam at large within or beyond the property.

(c)

Slaughter of chickens for personal use only is allowed on the property.

(d)

Chicken keeping shall be maintained in a clean, sanitary, sound and usable condition, free of rodents, vermin and objectionable odors or noise.

(e)

It shall be the property owner's responsibility to verify that chicken keeping and chicken coops are permitted uses in any deed restrictions or covenants applicable to the subject property.

(f)

Prior to establishing the use, a building permit shall be obtained from the Building Inspector for construction of the coop and related fencing. The application for the permit shall include a location sketch, drawn to scale, of the coop and fencing showing property lines and nearby structures and design information for the coop. A fee shall be paid with submittal of the application in accord with the Town's fee schedule. A Zoning Permit shall also be required. A building inspection of the finished coop, coop's location, and applicable property setbacks is required before chickens can be kept on the property.

(g)

Coops. "Coop" means a new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this section. A coop of 100 square feet or less shall not be considered an accessory building under § 380-107 of the Town Code of Ordinances. Coops shall be constructed in a workmanlike manner, be moisture resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel. Coops shall prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, and other waste daily as necessary to ensure that the coop and yard does not become a health, odor, or other nuisance.

(h)

Runs. Related fencing or chicken run means a fenced cage attached to a coop at least 10 square feet in area per chicken and not to exceed 120 square feet in area.

(2)

Annual permit required.

(a)

Any person who keeps chickens on land in the Town which the person owns, occupies or controls shall obtain a permit issued by the Town Administrator Treasurer in accordance with the Official Fee Schedule referenced by the Town Code of Ordinances. The permit is valid January 1 through December 31. The initial permit fee and annual renewals shall be as set forth in the official Fee Schedule of the Town Code of Ordinances. The annual permit fee shall be paid no later than January 31 of each year. Any fee payments not paid within 30 days of the permit required will become void and the requester will need to reapply. Proof of current registration with the Department of Agriculture, Trade and Consumer Protection shall be submitted with the initial permit application and with all subsequent license renewal applications.

(b)

Permit applications submitted by a person other than a record title owner of the property upon which chickens will be kept shall provide written consent of the property owner with the permit application.

(c)

Annual permit applications. Upon receipt of an original or renewal application for the keeping of chickens, the Town Administrator or Treasurer shall notify all residents owning property adjacent to the applicant's property of the application being filed, asking for comments to be submitted within 14 days. The Town Administrator shall have authority to approve the application based on satisfaction of all provisions of this section and shall consider reasonable comments/objections of adjacent property owners. If all adjacent property owners object for good reason, or if any adjacent property owner provides proof of a chicken allergy, the Town Administrator shall deny the application and bring the application before the Town Board for further consideration.

(3)

Sale of chicks/chickens. All chickens and eggs produced in any Town coops in R-1 Zoning Districts are for personal use only and shall not be sold at the residential property.

(4)

Public health requirements.

(a)

All chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds, animals or to humans.

(b)

Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Wisconsin Department of Agriculture, Trade and Consumer Protection and the Town of Trenton.

(c)

The Town may order testing, quarantine, isolation, vaccination, or humane euthanasia of ill chickens or chickens believed to be a carrier of a communicable disease. The owner of the chicken shall be responsible for all costs associated with the procedures ordered hereunder.

(5)

The keeping of chickens in the Town by any person not in compliance with this section is prohibited. Violations shall be subject to the penalties set forth in the official Fee Schedule of the Town Code of Ordinances. The Town Board reserves the right to revoke any chicken license for cause.

(6)

Effective date. This section shall be effective upon posting or publication according to state law.

§ 380-18 R-2 Single-Family Residential District (Unsewered).

Purpose. The R-2 Single-Family Residential District (Unsewered) is intended to provided for the preservation of a rural setting of very low density and high quality for estate or hobby farm type of development in the area appropriate to such use.

Permitted uses. The following uses are permitted in the R-2 District:

(1)

Single-family dwellings, with an attached garage, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single- family dwelling." Note that homes constructed without an attached garage prior to November 7, 1989, are considered legal nonconforming.

[Amended 12-18-2023 by Ord. No. Z2023.12.01]

(2)

Community living arrangements which have a capacity for eight or fewer persons subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

(3)

The keeping and raising of domestic stock for agribusiness, show, breeding or other purposes, provided that the total number of animals shall be as follows:

(a)

For properties of three acres or more zoned R-2: No more than one horse, cow, steer, sheep or similar animal, over six months of age, shall be kept on each 1 1/2 acres, with a maximum of three animals per five acres without a conditional use permit. A minimum of three acres is required for the keeping of one animal.

[Amended 3-21-2023 by Ord. No. Z2023.03.02]

(b)

For properties of three acres or more zoned R-2: No more than eight chickens, ducks or similar poultry, over two months of age, shall be kept for each three acres. For properties of at least one acre but less than three acres, keeping of hen chickens, see Subsection I.

[Amended 3-21-2023 by Ord. No. Z2023.03.02]

(c)

No more than eight rabbits or hare, over two months of age, shall be kept for each acre. (A minimum of three acres is required for the keeping of one animal.)

(d)

Combinations of the above shall be apportioned to the total acreage, and the Building Inspector shall determine the total number of animals allowed.

(4)

Essential services.

Permitted accessory uses.

(1)

Private detached garages, barns, poultry houses, greenhouses, sheds, or other similar structures, such as storage sheds used for gardening and tools incidental to the residential use. (See § 380-107.)

(2)

Home occupations and professional home offices.

(3)

The keeping or raising of domestic livestock for show, breeding, or other use incidental to the principal use of the premises.

(4)

Private residential outdoor recreational facilities.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D, regarding accessory buildings or structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(2).

Conditional uses (as regulated by Article IV of this chapter; see §§ 380-47, 380-48 and 380-53).

[Amended 11-19-2019 by Ord. No. Z2019-11-02]

(1)

Public, private commercial and private noncommercial group outdoor recreational facilities.

(2)

Public and private schools.

(3)

Churches and religious institutions.

(4)

Public administrative offices and service buildings.

(5)

Private lodges and clubs.

(6)

Commercial development of historic restoration.

(7)

Bed-and-breakfast establishments which are licensed by the State of Wisconsin.

(8)

Nursing and rest homes and homes for the aged.

(9)

Public utility offices and installations.

Lot area and width. Lots shall have a minimum area of 40,000 square feet and shall not be less than 125 feet in width.

Building height and area.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

(3)

The attached garage shall be a minimum of 440 square feet in area.

Yards.

(1)

A minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(2)

A minimum side yard of 25 feet on each side of the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

(3)

A minimum rear yard of 25 feet from the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

Keeping of chickens in R-2 Zoning.

[Added 3-21-2023 by Ord. No. Z2023.03.02]

(1)

Chicken keeping in R-2 zoning districts. Hen chickens for egg production for personal use is allowed as an accessory use in the R-2 Single-Family Residential Districts in accordance with the following requirements and standards:

(a)

A maximum of five hen chickens on a lot of at least one acre but less than two acres in size may be kept. Roosters are not allowed. A maximum of eight hen chickens on a lot of at least two acres in size but less than three acres in size may be kept. Roosters are not allowed.

(b)

Chickens shall be kept in a coop which may have an adjacent fence enclosed area. A coop shall be located in the rear yard only and shall not exceed 100 square feet in area and eight feet in height. No portion of the coop or fenced area shall be closer than 25 feet to any lot line. Applicant is responsible for determination of all applicable lot lines. Such facilities shall not conflict with any public or private utilities, drainageways or any easements related thereto. Chickens must be contained within a coop or enclosed chicken run and may not be allowed to roam at large within or beyond the property.

(c)

Slaughter of chickens for personal use only is allowed on the property.

(d)

Chicken keeping shall be maintained in a clean, sanitary, sound and usable condition, free of rodents, vermin and objectionable odors or noise.

(e)

It shall be the property owner's responsibility to verify that chicken keeping and chicken coops are permitted uses in any deed restrictions or covenants applicable to the subject property.

(f)

Prior to establishing the use, a building permit shall be obtained from the Building Inspector for construction of the coop and related fencing. The application for the permit shall include a location sketch, drawn to scale, of the coop and fencing showing property lines and nearby structures and design information for the coop. A fee shall be paid with submittal of the application in accord with the Town's fee schedule. A zoning permit shall also be required. A building inspection of the finished coop, coop's location, and applicable property setbacks is required before chickens can be kept on the property.

(g)

(h)

Runs. Related fencing or chicken run means a fenced cage attached to a coop at least 10 square feet in area per chicken and not to exceed 120 square feet in area.

(2)

Annual permit required.

Sale of chicks/chickens. All chickens and eggs produced in any Town coops in R-2 Zoning Districts are for personal use only and shall not be sold at the residential property.

(4)

Public health requirements.

(a)

All chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds, animals or to humans.

(b)

Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Wisconsin Department of Agriculture, Trade and Consumer Protection and the Town of Trenton.

(c)

(5)

(6)

Effective date. This section shall be effective upon posting or publication according to state law.

§ 380-19 R-3 Rural Residential District.

Purpose. The R-3 Rural Residential District is intended to provide for single-family residential development, at densities not to exceed 0.33 dwelling unit per net acre, served by on-site soil absorption sanitary sewerage systems (septic tanks) and private wells.

Permitted uses.

(1)

[Amended 2-6-2007 by Ord. No. 2-1-2007; 12-18-2023 by Ord. No. Z2023.12.01]

(2)

The keeping and raising on domestic stock for agribusiness, show, breeding or other purposes, provided that the total number of animals shall be as follows:

(a)

No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept on each 1 1/2 acres.

(b)

No more than five chickens, ducks or similar poultry, over two months of age, shall be kept for each acre.

(c)

No more than eight rabbits or hare, over two months of age, shall be kept for each acre.

(d)

Combinations of the above shall be apportioned to the total acreage, and the Building Inspector shall determine the total number of animals allowed.

(3)

Essential services.

(4)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(5)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.

Permitted accessory uses.

(1)

Private detached garages of up to 1,000 square feet.

[Amended 3-21-2006]

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations and professional home offices.

(4)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(3).

Conditional uses. See §§ 380-47, 380-48 and 380-53.

Lot area and width. Lots shall have a minimum area of three acres and shall be not less than 300 feet in width.

Building height and area.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

(3)

The attached garage shall be a minimum of 480 square feet in area.

Yards.

(1)

A minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(2)

A minimum side yard of 25 feet on each side of the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

(3)

A minimum rear yard of 25 feet from the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

§ 380-20 R-4 Single-Family Residential District (Sewered).

Purpose. The R-4 Residential District is intended to provide for single-family residential development at densities not to exceed 2.18 dwelling units per net acre served by public sanitary sewerage facilities.

Permitted uses.

(1)

Single-family dwellings with an attached garage, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single-family dwelling."

(2)

Essential services.

(3)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(4)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.

Permitted accessory uses.

(1)

Gardening, tool and storage sheds incidental to the residential use. (See § 380-107.)

(2)

Home occupations and professional home offices.

(3)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(4).

Conditional uses. See §§ 380-47, 380-48 and 380-53.

Lot area and width. Lots shall have a minimum area of 20,000 square feet and shall not be less than 100 feet in width.

Building height and area.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,100 square feet with a minimum first-floor area of 700 square feet.

(3)

The attached garage shall be a minimum of 440 square feet in area.

Yards.

(1)

A minimum street yard (setback) of 40 feet from the road right-of-way shall be required.

(2)

A minimum side yard of 10 feet on each side of the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

(3)

A minimum rear yard of 25 feet from the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

§ 380-21 R-5 Single-Family Residential District (Sewered).

Purpose. The R-5 Residential District is intended to provide for single-family residential development at densities not to exceed 3.6 dwelling units per net acre served by public sanitary sewerage facilities.

Permitted uses.

(1)

Single-family dwellings with an attached or detached garage.

(2)

Essential services.

Permitted accessory uses.

(1)

Gardening, tool and storage sheds incidental to the residential use. (See also § 380-107).

(2)

Home occupations and professional home offices.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(5).

Conditional uses. See §§ 380-47, 380-48 and 380-53.

Lot area and width. Lots shall have a minimum area of 7,000 square feet and shall be not less than 50 feet in width.

[Amended 3-19-2019 by Ord. No. Z2019-02-01]

Building height and area.

(1)

No building or part of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,000 square feet with a minimum first-floor area of 700 square feet.

Yards.

(1)

A minimum street yard (setback) of 25 feet from the road right-of-way shall be required.

(2)

A minimum side yard of five feet on each side of the dwelling shall be required on lots with lake frontage. A minimum side yard of 10 feet on each side of the dwelling shall be required on lots without lake frontage.

[Amended 3-19-2019 by Ord. No. Z2019-02-01; 3-15-2022 by Ord. No. Z2022-03-01; 10-16-2023 by Ord. No. Z2023.09.01]

(3)

A minimum rear yard of 25 feet from the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

§ 380-22 R-6 Two-Family Residential District (Unsewered).

Purpose. The R-6 Residential District is intended to provide for existing unsewered two-family residential development at densities not to exceed 1.45 dwelling units per net acre served by on-site sanitary sewerage systems (septic tanks) and private wells. This district is not intended for new unsewered subdivisions but may be used to infill existing two-family areas. No lands shall be zoned in this district after April 1, 1986.

Permitted uses.

(1)

Two-family dwellings with a required attached garage for each residential unit for at least one car.

(2)

Essential services.

Permitted accessory uses.

(1)

Gardening, tool and storage sheds incidental to the residential use. (See § 380-107.)

(2)

Home occupations and professional home offices.

(3)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(6).

Conditional uses. See §§ 380-47, 380-48 and 380-53.

Lot area and width. Lots shall have a minimum area of 60,000 square feet and shall be not less than 175 feet in width.

Building height and area.

(1)

No building or part of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a two-family structure shall be 1,100 square feet per dwelling unit or 2,200 square feet per structure.

(3)

The attached garage area shall be a minimum of 480 feet in total area.

Yards.

(1)

A minimum street yard (setback) of 50 feet from the road right-of-way shall be required.

(2)

A minimum side yard of 25 feet on each side of the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

(3)

A minimum rear yard of 25 feet from the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

§ 380-23 R-7 Two-Family Residential District (Sewered).

Purpose. The R-7 Residential District is intended to provide for two-family residential development at densities not to exceed 4.36 dwelling units per net acre serviced by public sanitary sewerage facilities.

Permitted uses.

(1)

Two-family dwellings with a required attached garage for each residential unit for at least one car.

(2)

Essential services.

Permitted accessory uses.

(1)

Gardening, tool and storage sheds incidental to the residential use. (See § 380-107.)

(2)

Home occupations and professional home offices.

(3)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(7).

Conditional uses. See §§ 380-47, 380-48 and 380-53.

Lot area and width. Lots shall have a minimum area of 20,000 square feet and shall be not less than 100 feet in width.

Building height and area.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a two-family structure shall be 1,000 square feet per dwelling unit or 2,000 square feet per structure.

(3)

The attached garage area shall be a minimum of 480 feet in total area.

Yards.

(1)

A minimum street yard (setback) of 25 feet from the road right-of-way shall be required.

(2)

A minimum side yard of 10 feet on each side of the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

(3)

A minimum rear yard of 30 feet from the dwelling shall be required.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

§ 380-24 R-8 Multiple-Family Residential District (Unsewered).

Purpose. The purpose of the R-8 Multiple-Family District is to provide the opportunity for construction and maintenance of multiple-family dwelling units on unsewered lots at varying dwelling units per acre densities.

Permitted uses.

(1)

Multiple-family dwellings.

Conditional uses.

(1)

Parks and playgrounds.

(2)

Professional home offices.

(3)

Planned residential developments.

(4)

Golf courses and private clubs.

(5)

Utilities.

(6)

Schools and churches.

(7)

Government, cultural, and public uses, such as fire and police stations, community centers, libraries, public emergency shelters and museums.

(8)

Home occupations.

(9)

Nursery schools.

(10)

Day-care centers (state licensed).

Area, height and yard requirements.

(1)

Lot.

(a)

Area. The minimum lot area for a four-unit shall be 1 1/2 acres. For every additional two units, an additional 1/2 acre is required. A maximum of eight dwelling units is permitted.

(b)

Width: minimum 100 feet.

(2)

Building height: maximum 35 feet.

(3)

Yards.

[Amended 10-16-2023 by Ord. No. Z2023.09.01]

(a)

A minimum street yard (setback) of 30 feet from the road right-of-way shall be required.

(b)

A minimum side yard of 10 feet on each side of the dwelling shall be required.

(c)

A minimum rear yard of 30 feet from the dwelling shall be required.

(4)

Minimum floor area.

(a)

Three-bedroom apartments: 1,000 square feet.

(b)

Two-bedroom apartments: 800 square feet.

(c)

One-bedroom apartments: 600 square feet.

§ 380-25 B-1 Local Business District.

[Amended 9-15-2025 by Ord. No. Z2025.09.02; 9-15-2025 by Ord. No. Z2025.09.03]

Purpose. The B-1 Business District is intended to provide for small groups of retail and customer-service establishments in a shopping center setting serving the residents of the Town and the character, appearance and operation of which are compatible with the character of the surrounding area. No such district shall be less than two acres in area.

Permitted uses.

	Antique and collectors' stores
	Appliance stores
	Art gallery
	Bakeries
	Banks, credit unions and savings and loan associations
	Barbershops and beauty shops
	Bookstores
	Bowling alleys
	Broadcast studios without transmission or receiving towers
	Business offices
	Camera and photographic supply stores
	Clothing stores
	Cocktail lounges
	Confectioneries
	Delicatessens
	Dental clinics
	Department stores
	Drugstores
	Fish markets
	Florists
	Fruit stores
	Furriers and fur apparel
	Gift stores
	Grocery stores
	Hardware stores
	Hobby and craft shops
	Home furnishings
	Insurance and real estate offices
	Janitorial supplies
	Jewelry stores
	Law offices
	Lodges and clubs
	Meat markets
	Medical clinics
	Newspaper and magazine stores
	Office supplies and business machine stores
	Optical stores
	Packaged beverage stores
	Paint, glass and wallpaper stores
	Plumbing and heating supplies
	Publishing houses
	Restaurants
	Self-service laundries and dry-cleaning establishments
	Shoe stores and leather goods stores
	Soda fountains
	Sporting goods stores
	Taxidermy
	Theaters
	Tobacco shops
	Travel agencies
	Variety stores
	Vegetable stores

Permitted accessory uses.

(1)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner or proprietor, located in the same building as the business.

(4)

Satellite dish antennas located on the roof of the principal structure or in the rear yard. Where the satellite dish is roof-mounted, a registered professional engineer shall certify that the structure is adequate to support the load.

(5)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

Conditional uses. See §§ 380-47, 380-48, 380-49 and 380-53.

Lot area and width.

(1)

Local business shopping centers or districts shall contain a minimum of two acres and shall be not less than 200 feet in width.

(2)

Individual business sites in the B-1 Business District shall provide sufficient area for the principal building and its accessory buildings, off-street parking and loading areas, required yards and appropriate sanitary facilities.

Building height.

(1)

No principal building or part of a principal building shall exceed 35 feet in height.

(2)

Accessory dwellings located within the business structures in the B-1 District shall provide a living area of not less than 700 square feet.

Yards.

(1)

A minimum street yard (setback) of 50 feet from the road right-of-way shall be required.

(2)

There shall be a rear yard of not less than 25 feet.

Plans and specifications to be submitted to Plan Commission. To encourage a business environment that is compatible with the residential character of the Town, zoning permits for permitted uses in business districts shall not be issued without review and approval of the Town of Trenton Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.

§ 380-26 B-2 Highway Business District.

[Amended 9-15-2025 by Ord. No. Z2025.09.03]

Purpose. The B-2 Business District is intended to provide for the orderly and attractive development at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.

Permitted uses.

(1)

Gasoline service stations, provided that all service islands and pumps shall meet the setback requirements.

(2)

Motels and motor hotels.

(3)

Building supply stores excluding lumberyards.

(4)

Automotive sales and service.

(5)

Restaurants.

(6)

Taverns.

Permitted accessory uses.

(1)

Garages for storage of vehicles used in conjunction with a permitted use.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker as a secondary use.

(4)

(5)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

Conditional uses. See §§ 380-47, 380-49, 380-52 and 380-53.

Lot area and width. Lots shall have a minimum area of 40,000 square feet and shall be not less than 125 feet in width.

Building height.

(1)

No principal building or part of a principal building shall exceed 35 feet in height.

(2)

Accessory dwellings located within the business structures in the B-2 District shall provide a living area of not less than 700 square feet. An accessory dwelling located on a business parcel that is not within the business structure shall provide a living area of not less than 1,000 square feet and shall not exceed 35 feet in height.

Yards.

(1)

A minimum street yard (setback) of 100 feet from the road right-of-way shall be required.

(2)

There shall be a side yard of not less than 25 feet in width on each side of all structures.

(3)

There shall be a rear yard of not less than 25 feet.

§ 380-27 M-1 Industrial District.

[Amended 2-1-2007 by Ord. No. 2-1-2007; 7-21-2020 by Ord. No. Z2020-07-02; 9-15-2025 by Ord. No. Z2025.09.03]

Purpose. The M-1 Industrial District is intended to provide for the orderly development of manufacturing or industrial operations which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the Town as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance or other similar factors, and to establish such regulatory controls as will reasonably ensure compatibility with the surrounding area in this respect. Uses which are generally perceived as being of a nuisance nature or considered to be a hazard to human life should not be permitted as a matter of right but permitted only as conditional uses after careful study and review. Listed conditional uses should not normally abut directly upon residential districts.

Permitted uses.

Automotive body repair

Automotive upholstery

Cleaning, pressing and dyeing

Commercial bakeries

Commercial greenhouses

Cosmetic manufacturing

Distributors

Electrical appliances manufacturing

Electronic devices manufacturing

Farm machinery sales and repair

Food locker plants

Glass manufacturing

Jewelry manufacturing

Instrument manufacturing

Laboratories

Leather fabrication, not including tanning

Machine shops

Manufacture and bottling of nonalcoholic beverage

Mini warehousing

Packaging and packing of confections

Packaging and assembly of products made from fur

Painting

Pharmaceutical processing

Printing and publishing

Storage and sale of machinery and equipment

Tobacco and toiletries

Trucking

Warehousing

Wholesaling

Permitted accessory uses.

(1)

Garages and yards for storage of vehicles used in conjunction with the operation of a permitted use.

(2)

Off-street parking and loading areas.

(3)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operations.

(4)

Residential quarters for the owner or caretaker in a separate building not housing the industrial use.

(5)

(6)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

Conditional uses. See §§ 380-47, 380-50, 380-51 and 380-53.

Lot area and width. Lots shall have a minimum of 40,000 square feet in area and shall not be less than 125 feet in width.

Building height and area.

(1)

No building or parts of a building shall exceed 45 feet in height.

(2)

No building or buildings shall occupy more than 50% of the lot area.

Yards.

(1)

A minimum street yard (setback) of 100 feet from the road right-of-way shall be required.

(2)

There shall be a side yard of not less than 25 feet in width on each side of all structures.

(3)

There shall be a rear yard of not less than 25 feet.

Plans and specifications to be submitted to Plan Commission. To encourage an industrial use environment that is compatible with the residential character of the Town, zoning permits for permitted uses in industrial districts shall not be issued without review and approval of the Town Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.

§ 380-28 I-1 Rural Institutional District (Unsewered).

[Amended 11-19-2019 by Ord. No. Z2019-11-02; 9-15-2025 by Ord. No. Z2025.09.01]

Purpose. The I-1 Rural Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent. I-1 institutional uses are served by on-site sanitary sewerage systems (septic tanks) and private wells.

Permitted uses.

(1)

Public or private schools, colleges and universities.

(2)

Churches.

(3)

Funeral homes, provided that all principal structures and uses are not less than 25 feet from any lot line.

(4)

Hospitals, sanitoriums, nursing homes and clinics.

(5)

Libraries, community centers, museums and public art galleries.

(6)

Public administrative offices and public service buildings, including fire and police stations.

(7)

Public utility offices.

(8)

Day care.

Permitted accessory uses.

(1)

Residential quarters for caretakers or clergy.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Service buildings and facilities normally accessory to the permitted use.

(4)

(5)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

Conditional uses. See §§ 380-47 and 380-53.

Lot area and width. Lots shall be a minimum area of 40,000 square feet and shall not be less than 125 feet in width.

Building height and area.

(1)

No principal building or part of a principal building shall exceed 35 feet in height.

(2)

Residential uses permitted in the I-1 District shall comply with the building area requirements of the R-2 Single-Family Residential District.

Yards.

(1)

A minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(2)

There shall be a side yard of not less than 25 feet in width on each side of all structures.

(3)

There shall be a rear yard of not less than 25 feet.

Plans and specifications to be submitted to the Plan Commission. To encourage an institutional use environment that is compatible with the residential character of the Town, zoning permits for permitted uses in the Institutional District shall not be issued without review and approval of the Town of Trenton Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.

§ 380-29 I-2 Urban Institutional District (Sewered).

[Amended 9-15-2025 by Ord. No. Z2025.09.01]

Purpose. The I-2 Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent. I-2 institutional uses are served by public sanitary sewerage facilities.

Permitted uses.

(1)

Public or private schools, colleges and universities.

(2)

Churches.

(3)

Funeral homes, provided that all principal structures and uses are not less than 25 feet from any lot line.

(4)

Hospitals, sanitoriums, nursing homes and clinics.

(5)

Libraries, community centers, museums and public art galleries.

(6)

Public administrative offices and public service buildings, including fire and police stations.

(7)

Public utility offices.

Permitted accessory uses.

(1)

Residential quarters for caretakers or clergy.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Service buildings and facilities normally accessory to the permitted use.

(4)

(5)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

Conditional uses. See §§ 380-47 and 380-53.

Lot area and width. Lots shall be a minimum area of 12,000 square feet and shall not be less than 75 feet in width.

Building height and area.

(1)

No principal building or part of a principal building shall exceed 35 feet in height.

(2)

Residential uses permitted in the I-2 District shall comply with the building area requirements of the R-5 Single-Family Residential District.

Yards.

(1)

A minimum street yard (setback) of 25 feet from the road right-of-way shall be required.

(2)

There shall be a side yard of not less than 10 feet in width on each side of all structures.

(3)

There shall be a rear yard of not less than 25 feet.

Plans and specifications to be submitted to Plan Commission. To encourage an institutional use environment that is compatible with the residential character of the Town, zoning permits for permitted uses in the Institutional District shall not be issued without review and approval of the Town of Trenton Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.

§ 380-30 P-1 Park District.

Purpose. The P-1 Park District is intended to provide for areas where open space and recreational needs, both public and private, can be met without undue disturbance of natural resources and adjacent uses.

Permitted uses. Hours of operation are restricted to 7:00 a.m. to 10:00 p.m.

[Amended 1-20-2015 by Ord. No. Z2015-01-01]

(1)

Botanical gardens and arboretums.

(2)

Historic monuments or sites.

(3)

Outdoor skating rinks.

(4)

Park and playgrounds.

(5)

Picnicking areas.

(6)

Play fields or athletic fields.

(7)

Sledding, skiing or tobogganing.

(8)

Swimming beaches.

(9)

Tennis courts.

(10)

Retreat centers.

Permitted accessory uses.

(1)

Buildings accessory to the permitted use.

(2)

(3)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

Conditional uses. See §§ 380-47, 380-52 and 380-53.

Building height. No building or part of a building shall exceed 35 feet in height.

Yards.

(1)

A minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(2)

No building or structure shall be erected, altered or moved closer than 50 feet to a side or rear lot line.

Plans and specifications to be submitted to Plan Commission. To encourage a recreational-use environment that is compatible with the residential character of the Town, zoning permits for permitted uses in the Park District shall not be issued without review and approval of the Town of Trenton Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans. Municipally owned facilities shall be exempt from site plan review.

§ 380-31 PDO Planned Development Overlay District.

Purpose. The PDO Planned Development District is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic, to provide attractive recreation and open spaces as integral parts of the developments, to enable economic design in the location of public and private utilities and community facilities, and to ensure adequate standards of construction and planning. The PDO Overlay District under this Zoning Code will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district. The unified and planned development of a site in a single or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Ch. 703, Wis. Stats. (condominiums), may be permitted by the Town upon specific petition under this section of the Zoning Code and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards are set forth in this section of the Zoning Code have been met.

Application of district; private roads.

(1)

The PDO District may be used for development in any district except the EA Exclusive Agricultural District, AT Agricultural Transition District, A-1 Agricultural District and the R-3 Residential District.

(2)

The Town Board, following a recommendation from the Plan Commission, may allow the use of private roads/streets when a PDO District is used as an overlay in an R-2 Residential District. The applicant shall file documentation demonstrating adequate means to ensure long-term maintenance of the private road. The use of private roads, and the design thereof, shall be subject to the approval of the Town Board.

Permitted uses. Uses permitted in a planned development overlay district shall conform to uses generally permitted in the underlying basic use district. Individual structures shall comply with the specific building area and height requirements of the underlying basic use district. All open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.

Minimum area requirements. Areas designated as planned development overlay districts shall be under single or corporate ownership or control and shall contain a minimum development area as follows:

	Principal Uses	Minimum Area of PDO (acres)
	Residential PDO	5
	Commercial PDO	5
	Industrial PDO	20
	Mixed compatible use	20

Procedural requirements.

(1)

Pre-petition conference. Prior to the official submission of the petition for the approval of a planned development overlay district, the owner or his agent making such petition shall meet with the Town Plan Commission or its staff to discuss the scope and proposed nature of the contemplated development.

(2)

Petition. Following the pre-petition conference, the owner or his/her agent may file a petition with the Town Clerk for approval of a planned development overlay district. Such petition shall be accompanied by a review fee and the following information:

(a)

A statement which sets forth the relationship of the proposed PDO to the Town's adopted Comprehensive Plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PDO, including the following information:

[1]

Total area to be included in the PDO, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

[2]

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

[3]

A general outline of the organizational structure of a property owners' or management association which may be proposed to be established for the purpose of providing any necessary private services.

[4]

Any proposed departures from the standards of development as set forth in the Town zoning regulations, other Town regulations or administrative rules or other universal guidelines.

[5]

The expected date of commencement of physical development as set forth in the proposal.

(b)

A general development plan, including:

[1]

A legal description of the boundaries of the subject property included in the proposed PDO and its relationship to surrounding properties.

[2]

The location of existing and proposed public and private roads, existing and proposed driveways and existing and proposed parking facilities.

[3]

The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

[4]

The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.

[5]

The type, size and location of all structures.

[6]

General landscape treatment.

[7]

Architectural plans, elevation and perspective drawings and sketches illustrating the design and character of proposed structures.

[8]

The existing and proposed locations of public sanitary sewer and water supply facilities.

[9]

The existing and proposed location of all private utilities or other easements.

[10]

Characteristics of soils related to contemplated specific uses.

[11]

Existing topography on the site with contours at no grater than two-foot intervals.

[12]

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

(3)

Referral to Plan Commission. The petition for a planned development overlay district shall be referred to the Town Plan Commission for its review and recommendation, including any additional conditions or restrictions which it may deem necessary or appropriate.

(4)

Public hearing. The Town Plan Commission and the Town Board shall hold a joint public hearing pursuant to the requirements of Article XII of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned development overlay district. As soon as is practical following the hearing, the Plan Commission shall report its findings and recommendations to the Town Board.

Basis for approval of the petition.

(1)

The Town Plan Commission, in making its recommendation, and the Town Board, in making its determination, shall consider that:

(a)

The petitioners for the proposed planned development overlay district have indicated that they intend to begin the physical development of the PDO within nine months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the Town.

(b)

The proposed planned development overlay district is consistent in all respects with the purpose of this section and with the spirit and intent of this Zoning Code and is in conformity with the adopted Comprehensive Plan or any adopted component thereof and that the development would not be contrary to the general welfare and economic prosperity of the community.

(2)

The Town Plan Commission, in making its recommendations, and the Town Board, in making its determination, shall further find that:

(a)

The proposed site shall be provided with adequate drainage facilities for surface and storm waters.

(b)

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

(c)

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas, by the proposed development.

(d)

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the Town.

(e)

Adequate water and sewer facilities shall be provided.

(f)

The entire tract or parcel of land to be included in a planned development overlay district shall be held under single ownership or, if there is more than one owner, the petition for such planned development overlay district shall be considered as one tract, lot or parcel, and the legal description must define said PDO as a single parcel, lot or tract and be so recorded with the Register of Deeds for Washington County.

(3)

In the case of a proposed residential planned development overlay district:

(a)

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.

(b)

The total net density within the planned development overlay district will be compatible with and not exceed the average intensity and density of development permitted in the underlying basic use district.

(c)

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities. Residential PDO developments containing more than two dwelling units per structure shall be served by public sanitary sewerage facilities.

(d)

Adequate continuing fire and police protection is available.

(e)

The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

(f)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

(4)

In the case of a proposed commercial planned development overlay district:

(a)

The proposed development will be adequately served by off-street parking and truck service facilities.

(b)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas.

(c)

The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

(d)

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(5)

In the case of a proposed industrial planned development overlay district:

(a)

The operational character, physical plant arrangement and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.

(b)

(c)

The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

(d)

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(6)

In the case of mixed-use planned development overlay district:

(a)

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which, as a total development entity, is compatible with the surrounding neighborhood.

(b)

The various types of uses conform to the general requirements as hereinbefore set forth applicable to projects of such use and character.

(c)

Determination. The Town Board, after due consideration, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions and restrictions. The approval of a planned development overlay district shall be based upon and include as conditions thereto the building, site and operational plans for the development as approved by the Town Board.

Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Town Plan Commission, and if, in the opinion of the Town Plan Commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Town Plan Commission shall be required and notice thereof shall be given pursuant to the provisions of Article XII of this chapter, and said proposed alterations shall be submitted to the Town Board for approval.

Subsequent land division. The division of any land or lands within a planned development overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the Town, and when such division is contemplated, a preliminary plat of the lands to be divided shall accompany the petition for PDO approval.[1]

[1]

Editor's Note: See Ch. 350, Subdivision of Land.

§ 380-32 (Reserved) [1]

[1]

Editor's Note: Former § 380-32, CES Country Estate District, as amended, was repealed 6-16-2025 by Ord. No. Z2025.06.03.

§ 380-33 CES-5 Country Estate District (Hobby Farms — Country Homes).

[Amended 3-19-2019 by Ord. No. Z2019-02-03; 2-19-2021 by Ord. No. 2021.02.02; 10-16-2023 by Ord. No. Z2023.09.01; 6-16-2025 by Ord. No. Z2025.06.03]

Purpose. The CES-5 Country Estates District is intended to provide for the preservation of a rural setting of very low density and high quality for estate or hobby farm type of development in areas where the physical and environmental character of the land and of existing development in the area is appropriate to such use.

Permitted uses. The following uses are permitted in the CES-5 District:

(1)

Single-family dwellings with an attached garage.

(2)

Community living arrangements which have a capacity for eight or fewer persons subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

(3)

The keeping and raising of domestic stock for agribusiness, show, breeding or other purposes, provided that the total number of animals shall be as follows:

(a)

No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept on each 1 1/2 acres, with a maximum of three animals per five acres without a conditional use permit.

(b)

No more than five chickens, ducks or similar poultry, over six months of age, shall be kept for each acre, with a maximum of five per acre without a conditional use permit. Poultry must be kept in an enclosed coop at all times. The coop must be placed a minimum of 35 feet from the side and rear yard lot lines. The coop cannot be placed in the front yard of the residence.

(c)

No more than eight rabbits or hare, over two months of age, shall be kept for each acre.

(4)

Essential services.

Permitted accessory uses.

(1)

Private detached garages, stables, barns, poultry houses, greenhouses, sheds, or other similar structures such as storage sheds used for gardening and tools incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

The keeping or raising of domestic livestock for show, breeding, or other use incidental to the principal use of the premises.

(4)

Private residential outdoor recreational facilities.

(5)

Roof-mounted solar collectors (over three feet in diameter), provided that a registered professional engineer shall certify that the structure is adequate to support the load.

(6)

(Reserved)

Conditional uses (as regulated by Article IV of this chapter; see §§ 380-47, 380-48, 380-50 and 380-53).

(1)

Public, private commercial and private noncommercial group outdoor recreational facilities.

(2)

Public and private schools.

(3)

Churches and religious institutions.

(4)

Public administrative offices and service buildings.

(5)

Private lodges and clubs.

(6)

Commercial development of historic restoration.

(7)

Bed-and-breakfast establishments which are licensed by the State of Wisconsin.

(8)

Nursing and rest homes and homes for the aged.

(9)

Public utility offices and installations.

(10)

Commercial riding stables.

Lot area and width. Lots shall have a minimum area of five acres and shall not be less than 250 feet in width at the building setback line.

Building height and area.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,600 square feet with a minimum first floor area of 1,200 square feet.

(3)

The attached garage shall be a minimum of 600 square feet in area.

Yards.

(1)

A minimum street yard (setback) of 100 feet from the road right-of-way shall be required.

(2)

A minimum side yard of 30 feet on each side of the dwelling shall be required, except that on lots fronting a cul-de-sac, a minimum side yard of 15 feet on each side of the dwelling shall be required.

(3)

A minimum rear yard of 30 feet from the dwelling shall be required.

§ 380-34 CES-10 Country Estate District (Hobby Farms — Country Estates).

[Amended 3-19-2019 by Ord. No. Z2019-02-03; 2-19-2021 by Ord. No. 2021.02.02; 10-16-2023 by Ord. No. Z2023.09.01;6-16-2025 by Ord. No. Z2025.06.03; 3-16-2026 by Ord. No. Z2026.03.03]

Purpose. The CES-10 Country Estates District is intended to provide for the preservation of a rural setting of very low density and high quality for estate or hobby farm type of development in areas where the physical and environmental character of the land and of existing development in the area is appropriate to such use.

Permitted uses. The following uses are permitted in the CES-10 District (see Appendix for acreage and square footage scale):

(1)

Single-family dwellings with an attached garage.

(2)

Community living arrangements which have a capacity for eight or fewer persons subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

(3)

The keeping and raising of domestic stock for agribusiness, show, breeding or other purposes, provided that the total number of animals shall be as follows:

(a)

No more than one horse, cow, sheep or similar animals, over six months of age, shall be kept on each 1 1/2 acres, with a maximum of three animals per five acres without a conditional use permit.

(b)

(c)

No more than eight rabbits or hare, over two months of age, shall be kept for each acre.

(4)

Essential services.

Permitted accessory uses.

(1)

Private detached garages, stables, barns, poultry houses, greenhouses, sheds, or other similar structures such as storage sheds used for gardening and tools incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

The keeping or raising of domestic livestock for show, breeding, or other use incidental to the principal use of the premises.

(4)

Private residential outdoor recreational facilities.

(5)

Satellite dish antennas located on the roof of the principal structure or in the rear yard. Where the satellite dish is roof-mounted (over three feet in diameter), a registered professional engineer shall certify that the structure is adequate to support the load.

(6)

Roof-mounted solar collectors, provided that a registered professional engineer shall certify that the structure is adequate to support the load.

(7)

(Reserved)

Conditional uses (as regulated by Article IV of this chapter; see §§ 380-47, 380-48, 380-50 and 380-53):

(1)

Public, private commercial and private noncommercial group outdoor recreational facilities.

(2)

Public and private schools.

(3)

Churches and religious institutions.

(4)

Public administrative offices and service buildings.

(5)

Private lodges and clubs.

(6)

Commercial development of historic restoration.

(7)

Bed-and-breakfast establishments which are licensed by the State of Wisconsin.

(8)

Nursing and rest homes and homes for the aged.

(9)

Public utility offices and installations.

(10)

Commercial riding stables.

Lot area and width. Lots shall have a minimum area of 10 acres and shall not be less than 250 feet in width at the building setback line.

Building height and area.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,800 square feet with a minimum first floor area of 1,400 square feet.

(3)

The attached garage shall be a minimum of 600 square feet in area.

Yards.

(1)

A minimum street yard (setback) of 100 feet from the road right-of-way shall be required.

(2)

(3)

A minimum rear yard of 30 feet from the dwelling shall be required.

§ 380-35 C-1 Conservancy District.

[Amended 7-20-2010; 3-19-2019 by Ord. No. Z2019-02-03; 5-18-2026 by Ord. No. Z2026.05.01]

Purpose. The purpose of the C-1 Conservancy District is to preserve, protect, and maintain the natural environment and character of areas exhibiting significant natural resource features which contribute to the productive, recreational, or aesthetic value of the community. Slopes in excess of 12% are unsuitable for development and should be maintained in essentially natural, open uses.

Permitted uses.

(1)

Single-family dwellings with an attached garage or detached garage located on upland areas outside of wetlands as per Washington County Park and Planning Department and the Department of Natural Resources; excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single-family dwelling."

(2)

Farming and related agricultural uses when conducted in accordance with conservation standards.

(3)

The keeping and raising of domestic stock for agribusiness, show, breeding or other purposes, provided that the total number of animals shall be as follows:

(a)

No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept on each 1 1/2 acres.

(b)

No more than five chickens, ducks or similar poultry, over two months of age, shall be kept for each acre.

(c)

No more than eight rabbits or hare, over two months of age, shall be kept for each acre.

(d)

Combinations of the above shall be apportioned to the total acreage, and the Building Inspector shall determine the total number of animals allowed.

(4)

Essential services.

(5)

Residences existing on the property.

(6)

Forest and game management.

(7)

Hunting, fishing and hiking.

(8)

Parks and recreation areas; arboreta; botanical gardens; and greenways.

(9)

Stables.

(10)

Utilities.

(11)

Nonresidential buildings used solely in conjunction with the raising of waterfowl or fish.

(12)

Harvesting of wild crops.

(13)

Recreation-related structures not requiring basements.

(14)

Single-family dwellings with attached or detached garage located on upland areas outside of wetlands.

Permitted accessory uses.

(1)

Private detached garages of up to 1,000 square feet.

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations and professional home offices.

(4)

Roof-mounted solar collectors provided that a registered professional engineer shall certify that the structure is adequate to support the load.

(Reserved)

Building height and area.

(1)

Lot.

(a)

Area: minimum five acres.

(b)

Width: minimum 300 feet.

(2)

Building height: maximum 35 feet, measured from the foundation to the peak of the roof.

(3)

Other structure height: maximum 1/2 the distance from the structure's nearest lot line.

Building height and area.

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

The total minimum living area of a dwelling shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

(3)

The attached garage shall be a minimum of 480 square feet in area.

Yards.

(1)

A minimum street yard (setback) of 75 feet from the road right-of-way shall be required.

(2)

There shall be a side yard of not less than 30 feet in width on each side of the dwelling, except that structures used for the housing of shelters for animals must be 100 feet from lot lines.

(3)

There shall be a rear yard of not less than 30 feet.

Conditional uses.

(1)

Animal hospitals, shelters and kennels.

(2)

Archery and firearm ranges, sports fields and skating rinks.

(3)

Land restoration, flowage, and ponds.

(4)

Golf courses and clubs.

(5)