Town of Fulton, WI Article III Zoning Districts

§ 425-3-1 Establishment and identification.

A. Zoning district designation. For the purposes of this chapter, all land, water, and air located in the Town shall be designated within one of the following zoning districts:

(1) Agricultural-Exclusive (A-E);

(2) Agricultural-General (A-G);

(3) Residential-Rural Density Large (R-RL);

(4) Residential-Rural Density Small (R-RS);

(5) Residential-Low Density (R-L);

(6) Residential – General Sewered (R-GS);

[Added 6-14-2016 by Ord. No. 2016-2[1]]

[1] Editor’s Note: This ordinance also renumbered former Subsection A(6) through (14) as Subsection A(7) through A(15), respectively.

(7) Commercial-Local (C-L);

(8) Commercial-Highway Interchange (C-H);

(9) Commercial-Recreational (C-R);

(10) Industrial-Light (I-L);

(11) Special Use (SU);

(12) Planned Development (PD);

(13) Natural Resource-Open Space (NR-OS);

(14) Environmental Conservation-Lowland — Overlay (EC-L);

(15) Environmental Conservation-Highland — Overlay (EC-H).

B. Underlying and overlay zoning districts. Zoning districts identified in § 425-3-1A(1) through (13) of this chapter shall be designated as "underlying zoning districts," with uses of all land, water, and air, and siting and construction of buildings and other structures and use thereof, subject to the standards and requirements for the designated underlying zoning district as identified herein. Zoning districts identified in § 425-3-1A(14) through (15) shall be designated as "overlay zoning districts," with all uses of land, water, and air, and siting and construction of buildings and other structures and uses thereof, subject to the standards and requirements of both the designated underlying and overlay zoning district as identified herein. (If conflicts exist between underlying and overlay standards and requirements, the more restrictive standards and requirements shall apply.)

[Amended 6-14-2016 by Ord. No. 2016-2]

C. Official Zoning Map and boundaries. Zoning district boundaries are hereby established as identified on a map entitled Official Zoning Map, Town of Fulton, Wisconsin (hereafter "Zoning Map"), adopted October 9, 1980, as amended and kept on file at the office of the Town Clerk and the Rock County Planning, Economic and Community Development Agency, with said Zoning Map to accompany and be made part of this chapter.[2] Zoning district boundaries shall be construed to Town boundary lines, United States Public Land Survey Lines, lot/outlot lines, centerlines of streets, alleys, easements, and rail rights-of-way lines or such lines extended, unless otherwise noted on the Zoning Map. The Zoning Map shall remain current, reflecting any change or modification to zoning district boundaries, with said changes or modifications so adopted by the Board in accordance with § 425-1-6 of this chapter. The Rock County Planning, Economic and Community Development Agency shall maintain and update the Zoning Map, upon mutual agreement between the Town and said Agency.

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

D. Land evaluation and site assessment (LESA) system and map. Lands identified as suitable for designation within the A-E and A-G Zoning Districts are hereby established in accordance with Appendix B: Criteria for Designation of Town of Fulton Lands in the Agricultural-Exclusive (A-E) and Agricultural-General (A-G) Zoning Districts, herein.[3]

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

§ 425-3-2 General standards and requirements.

The following general standards and requirements are applicable to all zoning districts identified in § 425-3-3 of this chapter and all uses of land, water, air, and siting and construction of buildings and other structures and uses thereof, with the exception of Subsection T(1) which shall not apply to any livestock facility use:

A. Permitted and conditional uses. Only those principal uses of land, water, air, buildings, and other structures, in accordance with Town of Fulton Appendix A, Permitted and Conditional Uses (hereafter "Appendix A") as contained herein,[1] shall be allowable as permitted or conditional uses, with accessory uses allowable as a permitted or conditional use but not until a principal use is present or under construction. Unclassified uses may be allowed by the Town as a permitted or conditional use provided such uses are similar in character and impact to uses allowed as permitted or conditional in the applicable zoning district, in accordance with Appendix A. Temporary uses may be allowed by the Town as a permitted or conditional use for a period not to exceed one year, provided such uses are similar in character and impact to uses allowed as permitted or conditional in the applicable zoning district, in accordance with Appendix A.

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

B. Nonconformance. Any lot, use of land, water, and air, or siting and construction of buildings and other structures and uses thereof, lawfully existing prior to July 14, 2015, that conforms to all other applicable laws and regulations but does not conform to all provisions of this chapter shall be hereafter referred to as "nonconforming" and shall be subject to all of the following:

(1) Use, building, and other structure. Any nonconforming use of land, water, and air, or siting and construction of buildings and other structures and uses thereof, may be continued subject to compliance with all of the following:

(a) Increasing an existing instance or creating a new instance of a nonconforming use, building, and other structure shall not be allowed;

(b) Only that portion of the land, water, air, building and other structure in actual use may be so continued and a building and other structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or to comply with this chapter, except as provided in Subsection B(1)(e) and B(3)(b) of this chapter;

(c) Total lifetime building or other structure repairs, additions, or alterations shall not exceed 50% of the structural members of existing roof, walls and foundation of the building or other structure unless it is permanently changed to conform to all provisions of this chapter, except as provided in Subsection B(1)(e) and B(3)(b) of this chapter;

(d) Substitution of new equipment may be allowed if such equipment will reduce the incompatibility of the nonconforming use, building, or other structure with adjacent or proximate uses, buildings, or other structures;

(e) Farming, governmental/civic, business/commercial, industrial/manufacturing, and other uses existing prior to July 14, 2015, and allowable as a permitted or conditional use in the applicable zoning district prior to said date may be continued, reconstructed, or structurally enlarged provided that all of the following are met:

[1] The Board grants a special exception for the same use;

[2] The same foundation area is used or the lot cover does not exceed 20%;

[3] One two-hundred-square-foot (minimum) parking space for every 200 square feet of floor area in building or per 200 square feet of commercial/business floor area in building, at the discretion of the Town.

(2) Use, building, and other structure; changes and substitutions. If a nonconforming use of land, water, and air, or siting and construction of buildings and other structures and uses thereof, has been altered to conform with all provisions of this chapter, said use, building, and other structure shall not revert back to a previous nonconforming status. If the Town has allowed the substitution of a more restrictive nonconforming use, building, and other structure for an existing nonconforming use, building, and other structure, the substituted use, building, and other structure shall lose its status as nonconforming and be subject to all conditions required by the Town.

(3) Use, building, and other structure; abolishment, replacement, or restoration.

(a) If a nonconforming use of land, water, or siting and construction of buildings and other structures and uses thereof, are discontinued or terminated for a period of 12 months or longer, any future use, building, and other structure shall conform to all provisions of this chapter.

(b) If more than 50%, in square footage or acreage, of a nonconforming use, building, and other structure is damaged or destroyed by fire, explosion, flood, the public enemy, or other calamity, any restoration of the use, building, and other structure shall comply with all provisions of this chapter, with the following exception:

[1] If a nonconforming use, building, and other structure is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation, on or after March 2, 2006, said nonconforming use, building, and other structure shall be replaced or restored only to the size, location and use that it had immediately before the damage or destruction occurred, with the exception that the size may be larger than the size immediately before the damage or destruction if necessary for the use, building, and other structure to comply with applicable state or federal requirements.

(c) Nonconforming outdoor lighting fixtures existing and legally installed prior to November 13, 2007, are allowable under this chapter, with any replacement of said lighting fixtures to comply with all applicable provisions of this chapter.

(4) Lots.

(a) Any nonconforming lot established and on file in the Rock County Register of Deeds Office prior to July 14, 2015, and able to meet the minimum building line setbacks, private on-site wastewater treatment system, and water well standards and requirements (including compliance with all applicable provisions of Chapter 6, Public Health, Code of Ordinances, Rock County), may have a permitted or conditional use as allowable under this chapter in the designated zoning district.

[Amended 3-13-2018]

(b) A single-family residence and accessory building may be located on a legal nonconforming lot, with the zoning district standards and requirements complied with insofar as practical but in no circumstance shall be less than the following:

[1] Lot:

[a] Minimum size: 7,500 square feet, except in shoreland areas as defined in accordance with Chapter 4, Subchapter 1, Part 2 and 4, Zoning, Code of Ordinances, Rock County, with minimum lot size in said areas subject to standards and requirements as identified in said ordinance;

[b] Minimum width:

[i] Building setback line: 50 feet;

[ii] Public road frontage: 50 feet.

[2] Building setback line:

[a] Road-yard: 35 feet with any second yard abutting a street on a corner lot not less than 10 feet;

[b] Rear-yard: 25 feet;

[c] Side-yard: 10% of the public road frontage, but not less than eight feet.

(c) If a legal nonconforming lot has an area less than the minimum number of square feet or acreage required per family for the designated zoning district, such lot may be occupied by no more than one family.

C. Land use conflicts. Nonagricultural land uses, and nonagricultural zoning districts adjacent to agricultural land uses and zoning districts, shall recognize that agriculture is a necessary use vital to the Town's identity and economy, and therefore should be encouraged, with certain environmental conditions resultant from normal agricultural land uses. If conflicts arise between nonagricultural and agricultural land uses and/or land owners, the Town, in reviewing and resolving the conflict, shall consider which land uses have existed for the longest period of time and which land uses existed at the time the nonagricultural use was initiated.

D. Lot size. Any lot created or modified after the effective date of this chapter shall contain minimum lot size standards and requirements as identified in § 425-3-3 of this chapter.

[Amended 6-14-2016 by Ord. No. 2016-2]

E. Principal building allowance. More than one principal building shall be allowed on lots in all zoning districts in the Town insofar as the maximum lot coverage for the applicable zoning district is not exceeded, with the exception of any lot located in the R-RL, R-RS, R-L or R-GS Zoning Districts, or a residential lot in the PD Zoning District, on which a single-family or two-family residence is located, in which case no more than one principal building, not to exceed the maximum lot coverage for said zoning district, shall be allowed.

[Amended 6-14-2016 by Ord. No. 2016-2]

F. Building siting. All buildings shall be sited on lots adjacent to a public road (street) and in a manner so as to provide safe and convenient access for emergency service, fire and police protection, other necessary servicing, and required off-street parking, if applicable.

G. Building setback lines and right-of-way width by road (street) classification. Building setback lines and minimum right-of-way widths for roads (streets) are hereby classified according to the Wisconsin Department of Transportation Functional Classification System and, except as otherwise provided in § 425-3-3 of this chapter, are identified in and subject to the following:

[Amended 6-14-2016 by Ord. No. 2016-2]

(1) Building setback lines.

(a) Arterial roads (highways): except as provided in Subsection G(1)(e), 150 feet from the road's center line or 100 feet from the road right-of-way line, whichever is greater;

[Amended 4-12-2016 by Ord. No. 2016-1]

(b) Collector roads: 90 feet from the road's centerline or 50 feet from the road right-of-way line, whichever is greater;

(c) Local roads: 85 feet from the road's centerline or 50 feet from the road right-of-way line, whichever is greater;

(d) Surface water feature: 75 feet in accordance with Subpart 1 and 4, Chapter 4, Subchapter 1, Part 2 and 4, Zoning, Code of Ordinances, Rock County.

(e) Interstate highways as defined in § 84.30(2)(f), Wis. Stats.: 110 feet from the highway's center line or 50 feet from the highway right-of-way line, whichever is greater.

[Added 4-12-2016 by Ord. No. 2016-1]

(2) Minimum road (street) right-of-way width.

(a) Arterial roads (highways): 100 feet in total and 50 feet for 1/2;

(b) Collector roads: 80 feet in total and 40 feet for 1/2;

(c) Local roads: 70 feet in total and 35 feet for 1/2.

H. Building setback line exception. Building setback lines less than those identified in § 425-3-3 of this chapter may be allowed for a proposed building site in cases of unusual topography, existing patterns of lesser building setback lines on nearby properties, or varying alignment of street right-of-way lines, if at least five buildings similar in nature to the proposed building, existing on the effective date of this chapter, are within 500 feet of the proposed building site, are not separated from said site by a public road, and are built to less than the required setback. In such case, the building setback line for the proposed building shall be the average building setback of said buildings that are nearest to the side lot line of said proposed building site, on either side; or if no existing principal building on one side, the average of the building setback for the existing principal building on one side and the required building line setback for the designated zoning district in accordance with § 425-3-3 of this chapter. Such building setback line exception shall be granted by the Commission as a matter of course and shall not require a variance.

I. Building height exception. Building height standards and requirements as identified for zoning districts in § 425-3-3 of this chapter do not apply to grain elevators, silos, barns, spires, belfries, cupolas, towers, antennas, water tanks, fire towers, windmills, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

J. Yard features and landscaping.

(1) Yard features are allowed in all zoning districts in the Town, subject to all of the following:

(a) Fences shall not be subject to any building setback line standard or requirement. All fences, not to include any fence whose primary purpose is to serve an agricultural operation, delineate lot lines between adjoining agricultural and open space uses, or to protect the general health, safety, and welfare, shall be subject to the following:

[1] Fences shall be kept in good repair;

[2] Decorative sides of fences shall face outward from the lot and if two faces are used each face shall be of the same type and finish;

[3] A fence's supporting members or braces shall be on the enclosed area side and smooth or flat faces shall be on the side visible from outside of the enclosed area;

[4] Fences shall not be constructed of chicken wire, woven wire, barbed wire, razor wire, electric wire, hazardous wire edges, or similar materials;

[5] Any fence located within five feet of a lot line shall not exceed six feet in height;

[6] Any fence located in a road yard shall have at least 50% of its bulk in air space and shall not be more than four feet in height;

[7] Fences shall not be located in any public right-of-way and shall be subject to requirements as identified in § 425-3-2P of this chapter.

(b) Any fence not subject to § 425-3-2J(1)(a) of this chapter may be subject to review and approval by the Town in accordance with §§ 425-4-2 and 425-4-3F of this chapter.

(c) Patios or decks at ground or floor level shall be no more than four feet above ground level at any point under the deck (any patio or deck at a greater height shall be considered part of the building and be subject to building setback lines, in accordance with § 425-3-3 of this chapter) and shall be at a minimum distance of 10 feet from side or rear lot lines, or the side-yard building setback, whichever is less, to the edge or side of the patio/deck shall be required, unless the applicant has obtained a signed and notarized affidavit of consent from the adjacent lot owners, recorded against the subject and adjacent lots with the Rock County Register of Deeds, identifying and allowing a lesser distance, with said affidavit to run with the land.

(d) Retaining walls shall be set back at least one foot from the lot line. Solid walls that extend three feet or more above the ground for three or more feet of their length shall be set back at least two feet from the lot line.

(e) Pools and sport/play areas shall have a ten-foot minimum distance from the side or rear lot line (measured from edge of water or sport/play area) unless the applicant has obtained a signed and notarized affidavit of consent from the adjacent lot owners, recorded against the subject and adjacent lots with the Rock County Register of Deeds, identifying and allowing a lesser distance, with said affidavit to run with the land. All permanent pools within the R-RS, R-L, and R-GS Zoning Districts, or a residential lot in the PD Zoning District, shall be fenced.

[Amended 6-14-2016 by Ord. No. 2016-2]

(f) Satellite dish antennas shall be built and anchored to withstand winds of not less than 80 miles per hour and shall be erected only in the rear-yard with no more than one dish antenna allowed per lot. Dish antennas over three feet in diameter and satellite devices that are not designed to receive video programming shall be located and screened to minimize their visual impact on adjacent and proximate residential properties. Said antennas shall be shielded or filtered to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent and proximate properties.

(2) An applicant submitting a zoning and land use activity application or other required documentation, as identified in Article IV of this chapter, may at their option submit a landscape plan, in accordance with Sec. 4.112(2), County Land Division and Management Ordinance, with said plan providing for preservation, establishment, and maintenance of vegetation on lots/outlots, including trees, shrubs, grasses, and other groundcover, to minimize soil erosion, screen and buffer differing land uses, and stabilize and enhance ecosystem health and community character. Said plan shall encourage and promote landscaping that maintains and/or establishes large contiguous areas of native vegetation that preserve, establish, or enhance scenic viewsheds and are located adjacent to stormwater and retention ponds, at the periphery of exterior lots/outlots, and in areas where differing land uses interface.

K. Keeping of certain domesticated animals. No more than four dogs or four cats are allowed per lot on which a principal building or structure is located, if confined to the lot. All dogs/cats must be current on rabies vaccinations and dogs must be licensed on a yearly basis. An additional number of dogs and/or cats may be kept on a lot pursuant to the issuance of a conditional use permit for the operation of a kennel, in accordance with § 425-4-3F of this chapter.

L. Signs.

(1) Any sign located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered shall meet all the structural requirements of Town, Rock County, and state building codes. Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices, nor obstruct or interfere with the effectiveness of said signs, signals, or devices. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape, and no sign shall be attached to a standpipe or interfere with traffic visibility, nor be lighted in such a manner as to cause glare or impair driver visibility upon public ways.

(2) Signs, not to include any official signs identified in § 425-4-3D(2)(g) of this chapter, shall not be placed in any public right-of-way;

(3) The following signs are prohibited under this chapter:

(a) Any sign containing an illuminated blinking light or group of said lights.

(b) Any sign mounted or erected on an automobile, trailer, or other object not permanently affixed to the real estate. (Any licensed automobile or trailer, used on roads on a regular basis for a legitimate business/commercial purpose other than advertising, is exempt from this prohibition.)

(c) Any sign mounted or erected on the roof of a building or other structure.

(4) Wall signs placed against the exterior wall of a building shall be subject to all of the following:

(a) Maximum display area of three square feet for each lineal front foot of the building on which the sign is located;

(b) Not extend above the roof line of the building on which it is located, nor more than 12 inches from said building wall.

(5) Projecting signs fastened to, suspended from, or supported by buildings or other structures shall be subject to all of the following:

(a) Maximum display area of 100 square feet on all sides for any one premises;

(b) Not extend more than six feet into any building setback line, nor above the roof line;

(c) Located a minimum distance of 10 feet from any lot line;

(d) Located a minimum distance of 10 feet above a sidewalk or other pedestrian way and 15 feet above a driveway or alley.

(6) Window signs shall be placed only on the inside of buildings and shall not exceed 25% of the glass area of the pane upon which the sign is displayed;

(7) On-premises ground signs shall be allowed only in the C-L, C-R, C-H, I-L, and SU Zoning Districts and shall be subject to all of the following:

(a) Identify the business name, services offered, or products sold only;

(b) Located a minimum distance of 50 feet from any lot in the R-RS or R-L Zoning District, or a residential lot in the PD Zoning District;

(c) No more than two signs shall be allowed for each premises;

(d) On-premises ground signs in the C-L, C-R, I-L, and SU Zoning Districts shall be subject to all of the following:

[1] Maximum display area of 60 square feet on any one side and 120 square feet on all sides, for any one premises;

[2] Maximum height of 30 feet.

(e) On-premises ground signs in the C-H Zoning Districts shall be subject to all of the following:

[1] Maximum display area of 300 square feet on any one side and 600 square feet on all sides, for any one premises;

[2] Maximum height of 30 feet or 70 feet with a conditional use permit.

(8) Off-premises ground signs (billboard) shall require a conditional use permit in accordance with § 425-4-3F of this chapter and shall be subject to all of the following:

(a) Maximum display area of 300 square feet on any one side and 600 square feet on all sides;

(b) Maximum height 30 feet;

(c) Located a minimum distance of 50 feet from any existing or proposed right-of-way, state or county highway or Town road, with said distance measured horizontally along a line perpendicular to said right-of-way;

(d) Located a minimum distance of 500 feet from any lot in the R-RS or R-L Zoning District, or a residential lot in the PD Zoning District;

(e) Located a minimum distance of 1,000 feet from any other off-premises ground sign located on the same side of the road;

(f) Conform to all building setback requirements of the zoning district(s) in which it is located or proposed to be located.

(9) Signs shall not exceed 70 feet in height in any zoning district;

(10) The Town may designate areas in which special sign standards and requirements may be established. Said areas shall be designated as areas of special sign control, including but not limited to those areas as identified in the following:

(a) Special and unique architectural, historic, cultural, scenic, or natural landscape characteristics;

(b) Integrated centers of intensive commercial/business uses greater than five acres.

M. Parking and storage of automobiles and semi-trailers.

(1) Automobiles without current registration and license shall not be parked or stored on any lot/outlot unless within a completely enclosed building, with the exception of the following:

(a) Automobiles comprising an automobile: salvage land use as identified in Appendix A herein;[2]

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

(b) Recreational vehicles of less than 3,000 pounds as they do not require registration or license within the State of Wisconsin;

(2) Semi-trailers shall not be parked on any lot/outlot for more than seven consecutive days, unless in the A-E or A-G Zoning District, licensed for an agricultural use, and utilized in such a manner.

N. Habitation, parking, or storage of a recreational vehicle and habitation of a tent.

(1) Habitation of a recreational vehicle or tent shall not take place on any lot/outlot not designated in the C-R or NR-OS Zoning Districts unless by guests of Town residents or landowners, where an adequate water supply and sewer service facilities to serve the guests are available in a residence located on the premises. If such use takes place, it shall not exceed 30 days per calendar year and no fee shall be imposed for such use;

(2) All recreational vehicles shall be parked or stored in a licensed recreational vehicle park in the C-R or NR-OS Zoning Districts, except that said vehicle may be parked or stored on a lot located within any other zoning district in the Town provided all of the following are met:

(a) The recreational vehicle shall not be inhabited unless in accordance with § 425-3-2N(1) of this chapter;

(b) The recreational vehicle may not be used as a permanent storage unit;

(c) The recreational vehicle may have no additional outside structures attached or placed adjacent to it;

(d) If parked or stored in the A-E Zoning District, the recreational vehicle meets the definition of an agricultural accessory use, in accordance with § 425-1-7 of this chapter.

O. Siting of utility lines and infrastructure. Overhead electric power or telephone lines shall not be sited within 1/2 mile of a boundary of an airport, landing field, or landing/takeoff strip. Installation of utilities shall take place prior to final approval of any lot created through a land division, in accordance with §§ 380-10 and 380-13 of the Land Division Ordinance and Sec. 4.113, County Land Division and Management Ordinance, except in those instances where direct service can be provided to the newly created lot through overhead or underground lines, from a lot immediately adjacent to the lot so created.

P. Vacation of public streets, alleys and rights-of-way. Vacation of public streets, alleys, and rights-of-way shall cause the vacated land to be assigned to the same underlying zoning district as the lot adjoining the vacated land.

Q. Intersection vision clearance.

(1) A clear vision triangle (hereafter "triangle"), in each quadrant of every rail line or public road intersection, shall be maintained, bounded by the road or rail line centerlines and a line extending out from said centerline at a specified distance in the manner illustrated in Figure I as contained herein, with the exception that a triangle shall be maintained for 25 feet from the right-of-way or rail line for any intersection in a subdivision plat. All vegetation and associated structures shall be removed from the triangle or maintained therein so as to render an object such as an automobile or train clearly visible across the triangle, from one road to another.

(2) No object with a height of greater than 2 1/2 feet above the average elevation of the road centerline shall be allowed in the triangle, with the following exceptions:

(a) Official governmental, road, traffic, or parking signage authorized by a governmental body;

(b) Open/wire fences and posts;

(c) Utility lines and associated portable equipment that is readily removable in its entirety;

(d) Field crops and vegetation, maintained or removed at the Town's discretion so as to provide for and ensure public safety.

Figure I

R. Surface water activities. Takeoff and landing of ultralight airplanes, parachute jumping, parasailing behind boats, and similar uses are prohibited on or into lakes or any other surface water feature of less than 100 acres.

S. Licenses issued by other governmental agencies. This chapter is not intended to negate current licenses, or their respective uses, issued by other governmental agencies.

T. Pollution, hazards, and disturbances. Any use of land, water, and air, and siting and construction of buildings and other structures and uses thereof, creating pollution, hazards, or disturbances shall be limited and restricted to the premises upon which said use, siting, and construction takes place, and shall comply with all of the following:

(1) Water quality. No activity shall locate, store, or discharge any treated, untreated, or inadequately treated liquid, gaseous, or solid material of such nature, quantity, obnoxiousness, toxicity, or temperature that would be likely to run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable color, odor, taste, shore deposits, floating or submerged debris, oil or scum, or unsightliness, or be harmful to human, animal, plant, or aquatic life. No activity shall discharge any liquid, gaseous, or solid materials so as to exceed or contribute toward exceeding the minimum standards and the application of those standards set forth in § NR 102 of the Wis. Adm. Code for all navigable waters (This paragraph is not applicable to any livestock facility use unless the Town adopts this or similar language as a more stringent standard for said facilities, per § 93.90, Wis. Stats.).

(2) Air quality. No activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities as to cause soiling or danger to the health of humans, animal, plant, or aquatic life, or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas nor any color visible smoke equal to or darker than No. 2 on the Ringelmann Chart as described in the United States Bureau of Mine's Information Circular 7718.

(3) Fire and explosive hazards.

(a) All activities involving the manufacturing, processing, storage, or other use of inflammable and explosive materials shall be provided with adequate safety devices, including fire-fighting and fire-suppression equipment and devices that are standard in the industry, against the hazard of fire and explosion. All materials that range from active to intense burning shall be manufactured, processed, stored, and otherwise used only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

(b) The above-ground storage capacity of materials that produce flammable or explosive vapors shall not exceed those parameters identified in Figure II as contained herein:

	Figure II
	Closed Cup Flash Point	Gallons
	Over 187° F.	400,000
	105° F. to 187° F.	200,000
	Below 105° F.	100,000

(4) Heat, glare, lighting, and illumination. The impact of any activity producing heat, glare, lighting, or illumination on adjacent and proximate properties shall be mitigated, ensuring a safe, healthy and visually attractive environment, subject to all of the following:

(a) No activity shall emit heat or glare that is visible or measurable outside its premises;

(b) All operations producing intense heat or glare shall be conducted within a completely enclosed building;

(c) Lighting and illumination shall be appropriate for the visual task;

(d) Lighting and illumination levels on adjoining sites shall be reasonably uniform;

(e) Lighting and illumination shall not produce glare.

(f) Lighting and illumination and the mechanical improvements that create it shall be considerate of compatibility with and aesthetics of adjacent and proximate properties and the character of the community;

(g) All exterior lighting and illumination fixtures shall be dark-sky compliant or full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA). The Zoning Administrator may modify this requirement for security lighting in areas where the exterior lights are not visible from a residential area or a public street.

(5) Liquid or solid wastes. No activity shall discharge at any point onto any land or into any surface or subsurface water feature or public sewer system any materials of such nature, quantity, noxiousness, toxicity, or temperature which can contaminate, pollute, or harm the quantity or quality of any water supply, can cause the emission of dangerous or offensive elements, can overload the existing municipal utilities, or can injure or damage persons or property.

(6) Noise.

(a) All noise shall be so muffled or otherwise controlled so as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character, or shrillness.

(b) No activity in any zoning district, not to include the A-E, A-G, I-L, or SU Zoning Districts, shall produce on a persistent or repeated basis a sound level at or beyond the boundaries of the parcel within which the noise originates exceeding 75 decibels as measured by a type 1 sound level meter.

[Amended 2-13-2018]

(c) No activity within the A-E, A-G, I-L, or SU Zoning Districts shall produce on a persistent or repeated basis a sound level at or beyond the boundaries of the parcel within which the noise originates exceeding 80 decibels as measured by a type 1 sound level meter.

[Amended 2-13-2018]

(7) Vibration. No activity shall emit vibrations which are discernible without instruments outside its premises, with the exception of any activity within the I-L Zoning District which shall not emit vibrations exceeding displacement, measured with a three-component measuring system, as identified in Figure V as contained herein:

	Figure V
	Frequency (Cycles Per Second)	Outside the Premises	Outside the District
	0 to 10	0.0020	0.0001
	10 to 20	0.0010	0.0002
	20 to 30	0.0006	0.0001
	30 to 40	0.0004	0.0001
	40 to 50	0.0003	0.0001
	50 and over	0.0002	0.0001

(8) Odors. No activity shall emit any odorous matter outside its premises of such nature or quantity as to be offensive, obnoxious, or unhealthy (Odors associated with normal agricultural activities are exempt from this standard and requirement.).

(9) Radioactivity and electrical disturbances. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of adjacent and proximate properties.

U. Solar energy system accessory use. Solar energy systems which are not a principal use are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the following design standards will require a conditional use permit.

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

(1) Height. Solar energy systems must meet the following height requirements:

(a) Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.

(b) Ground- or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.

(2) Setback. Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below.

(a) Roof- or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system have been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot-water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.

(b) Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

(3) Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, to the extent that doing so does not affect the cost or efficacy of the system, consistent with Wis. Stats. § 66.0401.

(a) Building-integrated photovoltaic systems. Building-integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setbacks, land use, or performance standards for the district in which the building is located.

(b) Aesthetic restrictions. Roof-mount or ground-mount solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards.

[1] Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than 10 inches above the roof.

[2] Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

(c) Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

(4) Lot coverage. Ground-mount systems' total collector area shall not exceed half the building footprint of the principal structure if applicable.

(a) Ground-mount systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted and the system area is less than one acre in size.

(b) Ground-mounted systems shall not count toward accessory structure limitations.

(c) Solar carports in nonresidential districts are exempt from lot coverage limitations.

(5) Plan approval required. All solar energy systems require a building permit and zoning permit and shall provide a site plan for review.

(a) Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.

(b) Plan approvals. Applications that meet the design requirements of this chapter shall be granted administrative approval by the Zoning Official and shall not require Planning Commission review. Plan approval does not indicate compliance with the Building Code or Electric Code.

(6) Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot-water systems must have an SRCC rating.

(7) Compliance with Building Code. All solar energy systems shall meet approval of the Building Inspector, consistent with the State of Wisconsin Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.

(8) Compliance with State Electric Code. All photovoltaic systems shall comply with the Wisconsin State Electric Code.

(9) Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Wisconsin State Plumbing Code requirements.

(10) Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

(11) Rooftop gardens. Rooftop community systems are a permitted accessory use in all districts where buildings are permitted.

V. Solar energy system principal use. The development of commercial- or utility-scale solar energy systems is encouraged where such systems present few land conflicts with current and future development patterns. Solar energy systems that are the principal use of the development lot or lots are conditional uses.

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

(1) Principal use general standards.

(a) Site design.

[1] Setbacks: Community- and large-scale solar energy systems must meet the following setbacks:

[a] Property line setback for buildings or structures in the district in which the system is located.

[b] Roadway setback of 150 feet from the right-of-way center line of state and county highways, 100 feet for other roads.

[c] Housing unit setback of 150 feet from any existing dwelling unit or more if set forth in the individual zoning ordinances.

[d] Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.

[2] Screening: Community- and large-scale solar shall be screened from existing residential dwellings.

[a] A screening plan shall be submitted that identifies the type and extent of screening.

[b] Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.

[c] The Town may require screening where it determines there is a clear community interest in maintaining a viewshed.

[3] Ground cover and buffer areas: The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover; additional site-specific conditions may apply as required by the Town Board.

[a] Large-scale removal of mature trees on the site is discouraged.

[b] The applicant shall submit a vegetative management plan prepared by a qualified professional or reviewed and approved by a natural resource agency or authority, such as the Wisconsin Department of Natural Resources, County Land Conservation Department, or Natural Resource Conservation Service. The plan shall identify:

[i] The natural resource professionals consulted or responsible for the plan.

[ii] The conservation, habitat, ecosystem, or agricultural goals, which may include providing habitat for pollinators such as bees and monarch butterflies, providing habitat for wildlife such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing, reducing on-site soil erosion, and improving or protecting surface water or groundwater quality.

[iii] The intended mix of vegetation upon establishment.

[iv] The management methods and schedules for how the vegetation will be managed on an annual basis, with particular attention given to the establishment period of approximately three years.

[c] Soils shall be planted and maintained in perennial vegetation for the full operational life of the project to prevent erosion, manage runoff and build soil.

[d] Vegetative cover should include a mix of perennial grasses and wildflowers that will preferably result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening. Perennial vegetation (grasses and forbs) are preferably native to Wisconsin, but, where appropriate to the vegetative management plan goals, may also include other naturalized and noninvasive species which provide habitat for pollinators and wildlife and/or other ecosystem services (e.g., clovers).

[e] Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.

[4] Foundations: A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.

[5] Power and communication lines: Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Town Board in instances where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible.

[6] Fencing: Perimeter fencing for the site shall not include barbed wire or woven wire designs, and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. The applicant may request an exception to this standard if information is provided that confirms another regulator entity requires barbed or woven wire fence. Alternative fencing can be used if the site is incorporating agrivoltaics.

(b) Stormwater and NPDES: Solar farms are subject to the Rock County Stormwater Management and Erosion Control Ordinance and NPDES permit requirements.

(c) All solar energy systems shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Wisconsin Uniform Building Code, as amended, and the National Electric Code, as amended.

(d) Plan approval: All solar energy systems shall require a building permit and zoning permit. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the Town. The site plan should show all zoning districts and overlay districts.

(e) Aviation protection: For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(f) Agricultural protection: Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils. The Town Board may require mitigation for use of prime soils for solar array placement, including the following:

[1] Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.

[2] The site shall be restored to agriculture at the end of life of the solar installation.

[3] Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.

[4] Locating the project in a wellhead protection area for the purpose of removing agricultural uses from high-risk recharge areas.

(g) Decommissioning: A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.

[1] Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months.

[2] The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.

[3] The Town Board may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.

(2) Community-scale solar energy system standards.

(a) Community-scale uses: Ground-mount community solar energy systems must cover no more than one acre (project boundaries) and are a conditional use in all districts. Ground-mount solar developments covering more than one acre shall be considered large-scale solar.

(b) Dimensional standards: All structures must comply with setback and height standards for the district in which the system is located.

(c) Other standards: Ground-mount systems must comply with all required standards for structures in the district in which the system is located.

(3) Large-scale solar. Ground-mount solar energy arrays that are the primary use on the lot, designed for providing energy to off-site uses or export to the wholesale market are permitted under the following standards:

(a) Conditional use permit: Large-scale solar energy systems are conditional uses in agricultural districts, industrial districts, shoreland and floodplain overlay districts only, subject to all applicable provisions of this chapter.

§ 425-3-3 Specific standards and requirements.

The following specific standards and requirements are applicable to the zoning districts under which they are identified in this section, and all uses of land, water, and air, and siting and construction of buildings and other structures and uses thereof:

A. Agricultural-Exclusive (A-E).

(1) Purpose and intent. The purpose of the Agricultural-Exclusive (A-E) Zoning District is to protect farming and farmland from nonagricultural development, and to ensure that qualifying landowners in the A-E District are eligible for the State of Wisconsin Farmland Preservation Tax Credit, through certification of the A-E Zoning District by the Wisconsin Department of Agriculture, Trade and Consumer Protection (hereafter "DATCP") as a "farmland preservation zoning district," with areas within this zoning district so identified in the Rock County Agriculture Plan or similar plan or document, in accordance with Chapter 91, Wis. Stats. The intent of the A-E Zoning District is to provide large acreage lots for agricultural uses or uses compatible with agricultural uses. Lands identified as suitable for designation within the A-E Zoning District are hereby established in accordance with Appendix B: Criteria for Designation of Town of Fulton Lands in the Agricultural-Exclusive (A-E) and Agricultural-General (A-G), herein.[1] Owners and buyers of lands zoned A-E should review § 425-4-3H of the Town's Zoning Ordinance to understand the restrictions on the use, division, and rezoning of A-E land. Questions about the meaning of the ordinance or its application to specific properties should be directed to the Town Zoning Administrator.

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

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

(2) Permitted uses. The following uses are allowable as permitted uses in the A-E Zoning District:

(a) All those uses designated with a "P" in the "A-E" column of the Town of Fulton Appendix A, Permitted and Conditional Uses (hereafter "Appendix A") as contained herein;[2]

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

(b) Any use not identified in Appendix A and proposed in the A-E Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use is an agricultural or agricultural accessory use consistent with the intent and purpose of the A-E Zoning District, and most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the A-E Zoning District, requiring a conditional use permit (hereafter "CUP") in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "A-E" column of Appendix A;

(b) Any use not identified in Appendix A and proposed in the A-E Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use is an agricultural, agricultural accessory, or agriculture-related use consistent with the intent and purpose of the A-E Zoning District, and most closely resembles another conditional use identified in Appendix A.

(4) Prohibited uses. Any use other than those identified in Subsection A(2) and (3) of this section shall be prohibited in the A-E Zoning District.

(5) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the A-E Zoning District:

(a) Lot:

[1] Minimum size: greater than 20 acres;

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

(b) Building:

[1] Minimum living area per residence. (A basement shall not count as square footage. Any residence constructed without a full-height basement shall require an additional 200 square feet above the number identified in Subsection A(5)(b)[1][a] and [b].):

[a] Single-family: 1,000 square feet;

[b] Two-family: 1,600 square feet.

[2] Minimum size: Any building other than a residence: none;

[3] Maximum size: none;

[4] Maximum height:

[a] Residence: 35 feet;

[b] Any building other than a residence: none.

[5] Minimum width:

[a] Residence: 24 feet;

[b] Any building other than a residence: none.

[6] Maximum number per lot:

[a] Residence (single-family or two-family): one;

[b] Any building other than a residence: none.

[7] Maximum lot cover: none.

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 50 feet;

[3] Side-yard:

[a] Principal building: 20 feet;

[b] Accessory building: 10 feet.

(d) Animals:

[1] Any combination of less than 500 animal units and/or livestock animal units on a farm, not to exceed one unit per farm acre, shall be a permitted use.

[2] Any combination of less than 500 animal units and/or livestock animal units on a farm greater than 10 acres, exceeding one unit per farm acre, and meeting the following conditions, shall be a permitted use:

[a] A farm existing prior to October 1, 2002;

[b] A farm existing prior to October 1, 2002 and expanding less than 20% of its animal units and/or livestock animal units contained on the farm on said date.

[3] Any combination of less than 500 animal units and/or livestock animal units on a farm greater than 10 acres, exceeding one unit per farm acre, and not meeting Subsection A(5)(d)[2] above shall be a conditional use, requiring an animal units/livestock animal units (nonlivestock facility) conditional use permit (CUP), in accordance with § 425-4-3F of this chapter and § NR 151, Wis. Adm. Code.

[a] Said farms shall meet the agricultural performance standards and prohibitions, as identified in § NR 151 of the Wis. Adm. Code pursuant to requirements of § 281.16, Wis. Stats., and obtain the aforementioned CUP from the Town, prior to populating the site with animals. The Town shall require the CUP to ensure conformance with all § NR 151 standards and prohibitions. The Rock County Land Conservation Department shall review all general CUP documents submitted to the Town and provide findings of fact to the Town identifying if all § NR 151 performance standards and prohibitions have or will be met.

[4] Five hundred or greater livestock animal units (livestock facility) on a farm shall require a livestock facility CUP in accordance with § 425-4-3F of this chapter and § ATCP 51, Wis. Adm. Code, prior to populating the site with livestock animal units. The Rock County Land Conservation Department shall review all CUP documents submitted to the Town and will provide findings of fact to the Town identifying if all § ATCP 51 performance standards and prohibitions have or will be met.

B. Agricultural-General (A-G).

(1) Purpose and intent. The purpose of the Agricultural-General (A-G) Zoning District is to provide a means of achieving the agricultural goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the A-G Zoning District is to provide smaller acreage lots for agricultural uses or uses compatible with agricultural uses. Lands identified as suitable for designation within the A-E Zoning District are hereby established in accordance with Appendix B: Criteria for Designation of Town of Fulton Lands in the Agricultural-Exclusive (A-E) and Agricultural-General (A-C), herein.[3]

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

(2) Permitted uses. The following uses are allowable as permitted uses in the A-G Zoning District:

(a) All those uses designated with a "P" in the "A-G" column of Appendix A;

(b) Any use not identified in Appendix A and proposed in the A-G Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the A-G Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "A-G" column of Appendix A;

(b) Any use not identified in Appendix A and proposed in the A-G Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A.

(4) Prohibited uses. Any use other than those identified in Subsection B(2) and (3) of this section shall be prohibited in the A-G Zoning District.

(5) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the A-G Zoning District:

(a) Lot:

[1] Minimum size: greater than 10 acres;

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

(b) Building:

[1] Minimum size:

[a] Residence (a basement shall not count as square footage. Any residence constructed without a full-height basement shall require an additional 200 square feet above the number identified in Subsection B(5)(b)[1][a][i] and [ii].):

[i] Single-family: living area, 1,000 square feet;

[ii] Two-family: living area, 1,600 square feet.

[b] Any building other than a residence: none.

[2] Maximum size: none;

[3] Maximum height:

[a] Residence: 35 feet;

[b] Any building other than a residence: none.

[4] Minimum width:

[a] Residence: 24 feet;

[b] Any building other than a residence: none.

[5] Maximum number per lot:

[a] Residence (single-family or two-family): one;

[b] Any building other than a residence: none.

[6] Maximum lot cover: none.

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 50 feet;

[3] Side-yard:

[a] Principal building: 20 feet;

[b] Accessory building: 10 feet.

(d) Animals:

[1] Any combination of less than 500 animal units and/or livestock animal units on a farm, not to exceed one unit per farm acre, shall be a permitted use.

[2] Any combination of less than 500 animal units and/or livestock animal units on a farm greater than 10 acres, exceeding one unit per farm acre, and meeting the following and Subsection B(5)(d)[2][a] and [b], shall be a permitted use:

[a] A farm existing prior to October 1, 2002;

[b] A farm existing prior to October 1, 2002 and expanding less than 20% of its animal units and/or livestock animal units contained on the farm on said date.

[3] Any combination of less than 500 animal units and/or livestock animal units on a farm greater than 10 acres, exceeding one unit per farm acre, and not meeting Subsection B(5)(d)[2][b] above shall be a conditional use, requiring an animal units/livestock animal units (nonlivestock facility) conditional use permit (CUP), in accordance with § 425-4-3F of this chapter and § NR 151, Wis. Adm. Code.

[a] Said farms shall meet the agricultural performance standards and prohibitions, as identified in § NR 151, Wis. Adm. Code pursuant to requirements of § 281.16, Wis. Stats., and obtain the aforementioned CUP from the Town, prior to populating the site with animals. The Town shall require the CUP to ensure conformance with all § NR 151 standards and prohibitions. The Rock County Land Conservation Department shall review all general CUP documents submitted to the Town and provide findings of fact to the Town identifying if all § NR 151 performance standards and prohibitions have or will be met.

[4] Five hundred or greater livestock animal units (livestock facility) on a farm shall require a livestock facility CUP in accordance with § 425-4-3F of this chapter and § ATCP 51, Wis. Adm. Code, prior to populating the site with livestock animal units. The Rock County Land Conservation Department shall review all CUP documents submitted to the Town and will provide findings of fact to the Town identifying if all § ATCP 51 performance standards and prohibitions have or will be met.

C. Residential-Rural Density Large (R-RL).

(1) Purpose and intent. The purpose of the Residential-Rural Density Large (R-RL) Zoning District is to provide a means of achieving the rural residential goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the R-RL Zoning District is to allow for residential (not to include a major land division [subdivision] as defined in Sec. 4.107, County Land Division and Management Ordinance) and compatible small-scale agricultural land uses on lots served by private onsite wastewater treatment systems, on those rural lands that have marginal utility for agriculture due to soil quality, lot configuration, and/or topography.

(2) Permitted uses. The following uses are allowable as permitted uses in the R-RL Zoning District:

(a) All those uses designated with a "P" in the "R-RL" column of Appendix A;[4]

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

(b) Any use not identified in Appendix A and proposed in the R-RL Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the R-RL Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "R-RL" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the R-RL Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use and most closely resembles another conditional use identified in Appendix A;

(4) Prohibited uses. Any use other than those identified in Subsection C(2) and (3) of this section shall be prohibited in the A-R Zoning District.

(5) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the R-RL Zoning District:

(a) Lot:

[1] Minimum size: three acres;

[2] Maximum size: 10 acres;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

(b) Building:

[1] Minimum size:

[a] Residence. (A basement shall not count as square footage. Any residence constructed without a full-height basement shall require an additional 200 square feet above the number identified in Subsection C(5)(b)[1][a][i] and [ii])

[i] Single-family: living area, 1,000 square feet;

[ii] Two-family: living area, 1,600 square feet.

[b] Any building other than a residence: none.

[2] Maximum size: none, but not to exceed the requirement of Subsection C(5)(b)[6], Maximum lot cover;

[3] Maximum height:

[a] Residence: 35 feet;

[b] Any building other than a residence: none.

[4] Minimum width:

[a] Residence: 24 feet;

[b] Any building other than a residence: none.

[5] Maximum number:

[a] Residence (single-family or two-family): one;

[b] Any building other than a residence: none, but not to exceed the requirement of Subsection C(5)(b)[6], Maximum lot cover.

[6] Maximum lot cover:

[Amended 3-8-2022 by Ord. No. 2022-04]

[a] Buildings and other structures: 20%.

[b] Any other constructed surface that prevents rainwater from reaching the ground (driveways, sidewalks, etc.): 15%.

[c] Maximum lot coverage may be increased by the Town Board with an engineering-approved stormwater management plan.

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 50 feet;

[3] Side-yard:

[a] Principal building: 20 feet;

[b] Accessory building: 10 feet.

(d) Animals: Any combination of two animal units and/or livestock animal units and certain other domesticated animals in accordance with § 425-3-2K of this chapter for all lots, and an additional 1/2 animal unit per acre for lots greater than three acres. Any lot with animals units/livestock animal units shall require a fence or other enclosure to contain said units.

D. Residential-Rural Density Small (R-RS).

(1) Purpose and intent. The purpose of the Residential-Rural Density Small (R-RS) Zoning District is to provide a means of achieving the housing goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the R-RS Zoning District is to allow for residential land uses at densities compatible with other rural land uses, including but not limited to agriculture, and low-impact agricultural uses, on lots served by private onsite wastewater treatment systems, in and around existing or potential residential areas in accordance with the Existing Land Use Map and Future Land Use Map, or similarly named maps as contained in the Comprehensive Plan.

(2) Permitted uses. The following uses are allowable as permitted uses in the R-RS Zoning District:

(a) All those uses designated with a "P" in the "R-RS" column of Appendix A;[5]

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

(b) Any use not identified in Appendix A and proposed in the R-RS Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the R-RS Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "R-RS" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the R-RS Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A.

(4) Prohibited uses. Any use other than those identified in Subsection D(2) and (3) of this section shall be prohibited in the R-RS Zoning District.

(5) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the R-RS Zoning District:

(a) Lot:

[1] Minimum size:

[a] Residence: single-family, 40,000 square feet;

[b] Residence: two-family, 55,000 square feet.

[2] Maximum size: less than three acres;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

(b) Building:

[1] Minimum size:

[a] Residence. (A basement shall not count as square footage. Any residence constructed without a full-height basement shall require an additional 200 square feet above the number identified in Subsection D(5)(b)[1][a][i] and [ii])

[i] Single-family, living area: 1,200 square feet;

[ii] Two-family, living area: 1,600 square feet.

[b] Any building other than a residence: none.

[2] Maximum size: none, but not to exceed the requirement of Subsection D(5)(b)[6], Maximum lot cover;

[3] Maximum height: 35 feet;

[4] Minimum width:

[a] Residence: 24 feet;

[b] Any building other than a residence: none.

[5] Maximum number per lot:

[a] Residence (single-family or two-family): one.

[b] Any building other than a residence: none, but not to exceed the requirement of Subsection D(5)(b)[6], Maximum lot cover.

[6] Maximum lot cover:

[Amended 3-8-2022 by Ord. No. 2022-04]

[a] Buildings and other structures: 20%.

[b] Any other constructed surface that prevents rainwater from reaching the ground (driveways, sidewalks, etc.): 15%.

[c] Maximum lot coverage may be increased by the Town Board with an engineering-approved stormwater management plan.

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard:

[a] Principal building: 25 feet;

[b] Accessory building: 10 feet;

[3] Side-yard:

[a] Principal building: 15 feet;

[b] Accessory building: 10 feet;

(d) Parking:

[1] Off-street: residential, two two-hundred-square-foot (minimum) spaces and a two-car garage (minimum) per residence;

[2] Off-street: public gathering, one two-hundred-square-foot (minimum) space per five seats or per 200 square feet of building;

[3] Off-street: home occupation and professional office, one two-hundred-square-foot (minimum) space per 200 square feet of commercial/business floor area in building.

(e) Animals: See § 425-3-2K of this chapter (additional animals require a CUP in accordance with § 425-4-3F of this chapter);

(f) Keeping of chickens.

[Added Ord. No. 2022-13]

[1] The following regulations will govern the keeping of chickens in the R-RS Zoning District and are designed to prevent nuisances and prevent conditions that are unsanitary or unsafe. The keeping of chickens in the R-RS Zoning District shall be subject to all of the following:

[a] Minimum lot size of 43,560 square feet;

[b] A maximum of 10 hens shall be allowed for each dwelling unit on a lot;

[c] Roosters are not permitted;

[d] Coops or cages housing chickens shall be kept at least 25 feet from any dwelling or occupied structure other than the keeper's dwelling. Coops and cages shall not be located within 10 feet of a side yard or rear yard lot line. Coops and cages shall not be located in the front yard.

[e] Hens shall be provided with a covered, predator-proof coop or cage that is well-ventilated and designed to be easily accessed for cleaning. The coop shall allow at least two square feet per hen. Hens shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the property and to prevent predators from access to the birds.

[f] The coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent the accumulation of waste.

[g] Slaughtering of chickens is not permitted.

[h] The keeper shall abide by all state laws and regulations for livestock premises registration, including applicable sections of § 95.51, Wis. Stats., and Wis. Adm. Code, Ch. ATCP 17 and any applicable amendments thereto. The keeper shall also follow state law regarding import, purchase and sales of live poultry as set forth in Ch. ATCP 10.40 and ATCP 10.42 of the Wisconsin Administrative Code and any applicable amendments thereto.

[i] Breeding or hatching of chickens is not permitted.

[j] Any poultry feed shall be stored so as to keep out rodents. The keeper shall practice proper poultry waste disposal in order to avoid odors. Waste composting on the premises shall be allowed as long as it does not create odors or other nuisances for neighboring properties.

E. Residential-Low Density (R-L).

(1) Purpose and intent. The purpose of the Residential-Low Density (R-L) Zoning District is to provide a means of achieving the housing goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the R-L Zoning District is to allow for low-density residential land uses on lots served by a public sanitary sewer system, in and around existing or potential future low, medium, or high-density residential areas in accordance with the Existing Land Use Map and Future Land Use Map, or similarly named maps as contained in the Comprehensive Plan.

(2) Permitted uses. The following uses are allowable as permitted uses in the R-L Zoning District:

(a) All those uses designated with a "P" in the "R-L" column of Appendix A;[6]

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

(b) Any use not identified in Appendix A and proposed in the R-L Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A;

(3) Conditional uses. The following uses are allowable as conditional uses in the R-L Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "R-L" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the R-L Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A;

(4) Prohibited uses. Any use other than those identified in Subsection E(2) and (3) of this section shall be prohibited in the R-L Zoning District.

(5) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the R-L Zoning District:

(a) Lot:

[1] Minimum size:

[a] Residence: single-family, 10,000 square feet;

[b] Residence: two-family, 12,000 square feet.

[2] Maximum size: Less than 40,000 square feet;

[a] Minimum width: 80 feet;

[b] Public road frontage: 80 feet;

[c] Building line: 80 feet.

(b) Building:

[1] Minimum size:

[a] Residence. (A basement shall not count as square footage. Any residence constructed without a full-height basement shall require an additional 200 square feet above the number identified in Subsection E(5)(b)[1][a][i] and [ii].)

[i] Single-family, living area: 1,000 square feet;

[ii] Two-family, living area: 1,600 square feet.

[b] Any building other than a residence: none.

[2] Maximum size: None, but not to exceed the requirement of Subsection E(5)(b)[6], Maximum lot cover;

[3] Maximum height:

[a] Principal building: 35 feet;

[b] Accessory building: 20 feet and not forward of the front face of the principal building.

[4] Minimum width:

[a] Residence: 24 feet;

[b] Any building other than a residence: none.

[5] Maximum number:

[a] Residence (single-family or two-family): one;

[b] Any building other than a residence: None, but not to exceed the requirement of Subsection E(5)(b)[6], Maximum lot cover.

[6] Maximum lot cover:

[Amended 3-8-2022 by Ord. No. 2022-04]

[a] Buildings and other structures: 25%.

[b] Any other constructed surface that prevents rainwater from reaching the ground (driveways, sidewalks, etc.): 10%.

[c] Maximum lot coverage may be increased by the Town Board with an engineering-approved stormwater management plan.

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard:

[a] Principal building: 25 feet;

[b] Accessory building: eight feet.

[3] Side-yard:

[a] Principal building: eight feet and 20 feet total on both sides;

[b] Accessory building: eight feet.

(d) Parking:

[1] Off-street: residential, two two-hundred-square-foot (minimum) spaces and a two-car garage (minimum) per residence;

[2] Off-street: public gathering: one two-hundred-square-foot (minimum) space per five seats or per 200 square feet of building;

[3] Off-street: home occupation and professional office: one two-hundred-square-foot (minimum) space per 200 square feet of commercial/business floor area in building.

F. Commercial-Local (C-L).

(1) Purpose and intent. The purpose of the Commercial-Local (C-L) Zoning District is to provide a means of achieving the economic development goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the C-L Zoning District is to allow limited commercial land uses, primarily serving and/or compatible with adjacent or proximate residential areas, in those areas with sufficient transportation facilities, topographic conditions, and utilities available for said commercial land uses.

(2) Permitted uses. The following uses are allowable as permitted uses in the C-L Zoning District:

(a) All those uses designated with a "P" in the "C-L" column of Appendix A;[7]

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

(b) Any use not identified in Appendix A and proposed in the C-L Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the C-L Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "C-L" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the C-L Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A;

(4) Prohibited uses. Any use other than those identified in Subsection F(2) and (3) of this section shall be prohibited in the C-L Zoning District.

(5) Permitted and conditional use standards and requirements. The following are standards and requirements applicable to all permitted and conditional uses in the C-L Zoning District:

(a) Lot:

[1] Minimum size:

[a] Sewered: 7,500 square feet;

[b] Unsewered: 40,000 square feet.

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

[4] Defined ingress and egress.

(b) Building:

[1] Minimum surface area: none;

[2] Maximum surface area: none, but not to exceed the requirement of Subsection F(5)(b)[6], Maximum lot cover;

[3] Maximum height: 35 feet;

[4] Minimum width: none;

[5] Maximum number per lot: none, but not to exceed the requirement of Subsection F(5)(b)[6], Maximum lot cover;

[6] Maximum lot cover without Town Engineer approval shall allow up to 30%.

[Amended 2-11-2020 by Ord. No. 2020-1]

[7] Maximum lot cover with Town Engineer approval: over 30% but not to exceed 80% subject to the following:

[Added 2-11-2020 by Ord. No. 2020-1[8]]

[a] Documentation of existing and proposed lot coverage must be provided.

[b] Documentation of proposed on-site stormwater management sufficient to satisfy the requirements of Section 4.8 of the Rock County Storm Water Management Ordinance must be provided. Said requirements shall apply to parcels of any size.

[c] Submission of a maintenance agreement for stormwater facilities which, upon acceptance by the Town Engineer, must be recorded with the register of deeds.

[8] Editor's Note: This ordinance also provided for the renumbering of former Subsection F(5)(b)[7] as Subsection F(5)(b)[8].

[8] Minimum open space between front of principal building and front-yard lot line: 20%. (Driveways or parking lots shall not qualify as open space but ponds or fountains shall.)

(c) Building setback line: All building setback lines shall be as stated in the following or as stated in § 425-3-2G(1) of this chapter, whichever is more restrictive.

[1] Road-yard:

[a] Arterial or collector road: See § 425-3-2G(1) of this chapter;

[b] Local road:

[i] Sewered: 30 feet;

[ii] Unsewered: 50 feet.

[2] Rear-yard:

[a] Sewered: 12 feet;

[b] Unsewered: 25 feet.

[3] Side-yard:

[a] Principal building:

[i] Sewered: 10 feet;

[ii] Unsewered: 15 feet.

[b] Accessory building: eight feet.

(d) Parking:

[1] Off-street: one two-hundred-square-foot (minimum) parking space for every 200 square feet of building floor area;

[2] Loading and unloading: Sufficient space for loading or unloading of automobiles and semi-trailers shall be provided off of streets and alleys so that said streets and alleys shall at all times be free and unobstructed to the passage of traffic.

G. Commercial-Highway Interchange (C-H).

(1) Purpose and intent. The purpose of the Commercial-Highway Interchange (C-H) Zoning District is to provide a means of achieving the economic development goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the C-H Zoning District is to allow commercial land uses to primarily serve transient highway users in those areas adjacent to major highways, with sufficient transportation facilities, topographic conditions, and utilities available for said commercial land uses.

(2) Permitted uses. The following uses are allowable as permitted uses in the C-H Zoning District.

(a) All those uses designated with a "P" in the "C-H" column of Appendix A;[9]

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

(b) Any use not identified in Appendix A and proposed in the C-H Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the C-H Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "C-H" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the C-H Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A.

(4) Prohibited uses. Any use other than those identified in Subsection G(2) and (3) of this section shall be prohibited in the C-H Zoning District.

(5) Permitted and conditional use standards and requirements. The following are standards and requirements applicable to all permitted and conditional uses in the C-H Zoning District:

(a) Lot:

[1] Minimum size:

[a] Sewered: 40,000 square feet;

[b] Unsewered: three acres.

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

[4] Defined ingress and egress.

(b) Building:

[1] Minimum surface area: none;

[2] Maximum surface area: none, but not to exceed the requirement of Subsection G(5)(b)[5], Maximum lot cover;

[3] Maximum height: 42 feet;

[4] Minimum width: none;

[5] Maximum lot cover without Town Engineer approval shall be up to 30%.

[Amended 2-11-2020 by Ord. No. 2020-1]

[6] Maximum lot cover with Town Engineer approval: over 30% but not to exceed 80% subject to the following:

[Added 2-11-2020 by Ord. No. 2020-1[10]]

[a] Documentation of existing and proposed lot coverage must be provided.

[b] Documentation of proposed on-site stormwater management sufficient to satisfy the requirements of Section 4.8 of the Rock County Storm Water Management Ordinance must be provided. Said requirements shall apply to parcels of any size.

[c] Submission of a maintenance agreement for stormwater facilities which, upon acceptance by the Town Engineer, must be recorded with the register of deeds.

[10] Editor's Note: This ordinance also provided for the renumbering of former Subsection G(5)(b)[6] as Subsection G(5)(b)[7].

[7] Minimum open space between front of principal building and front-yard lot line: 20%. (Driveways or parking lots shall not qualify as open space but ponds or fountains shall.)

(c) Building setback line: All building setback lines shall be as stated in the following or as stated in § 425-3-2G(1) of this chapter, whichever is more restrictive;

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 50 feet;

[3] Side-yard: 15 feet.

(d) Parking:

[1] Off-street: one two-hundred-square-foot (minimum) parking space for every 200 square feet of building floor area;

[2] Loading and unloading: Sufficient space for loading or unloading of automobiles and trailers shall be provided off of streets and alleys so that said streets and alleys shall at all times be free and unobstructed to the passage of traffic.

(e) Roads:

[1] Any activity in the C-H Zoning District requiring issuance of a building permit in accordance with § 425-4-3B of this chapter shall, prior to issuance of said permit, have an interior road network dedicated to the public to provide any relevant future lots adequate access to the public road network. Said interior road network shall address truck traffic and automobile traffic as separate but integrated activities.

[2] No public road access shall be within 1,000 feet of the most remote end or taper of any existing or proposed highway interchange entrance or exit ramp, or at intervals of less than 600 feet thereafter.

[3] Access points along opposite sides of intersecting highways shall be located either directly opposite each other, or directly opposite a median strip crossover, or separated by at least 300 feet of lateral distance along the highway center line.

H. Commercial-Recreational (C-R).

(1) Purpose and intent. The purpose of the Commercial-Recreational (C-R) Zoning District is to provide a means of achieving the economic development and recreational goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the C-R Zoning District is to allow limited commercial recreational uses in those areas that contain or are adjacent to recreational resources.

(2) Permitted uses. The following uses are allowable as permitted uses in the C-R Zoning District.

(a) All those uses designated with a "P" in the "C-R" column of Appendix A;[11]

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

(b) Any use not identified in Appendix A and proposed in the C-R Zoning District, if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the C-R Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "C-R" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the C-R Zoning District, if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A.

(4) Prohibited uses. Any use other than those identified in Subsection H(2) and (3) of this section shall be prohibited in the C-R Zoning District.

(5) Permitted and conditional use standards and requirements. The following are standards and requirements applicable to all permitted and conditional uses in the C-R Zoning District:

(a) Lot:

[1] Minimum size: five acres;

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

[4] Defined ingress and egress.

(b) Building:

[1] Minimum living area per residence. (A basement shall not count as square footage. Any residence constructed without a full-height basement shall require an additional 200 square feet above the number identified in Subsection H(5)(b)[1][a] and [b]

[a] Single-family: 1,000 square feet;

[b] Two-family: 1,600 square feet.

[2] Minimum size, any building other than a residence: none;

[3] Maximum size: none, but not to exceed the requirement of Subsection H(5)(b)[7], Maximum lot cover;

[4] Maximum height: 35 feet;

[5] Minimum width:

[a] Residence: 24 feet;

[b] Any building other than a residence: none.

[6] Maximum number per lot: none, but not to exceed the requirement of Subsection H(5)(b)[7], Maximum lot cover;

[7] Maximum lot cover: 30%. (Additional lot coverage may be allowed at the discretion of the Town if said coverage meets all other applicable regulations and standards.)

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 25 feet;

[3] Side-yard:

[a] Principal building: 15 feet;

[b] Accessory building: 10 feet.

(d) Parking:

[1] One two-hundred-square-foot (minimum) parking space for every 200 square feet of building floor area;

[2] Loading and unloading: Sufficient space for loading or unloading of automobiles and trailers shall be provided off of streets and alleys so that said streets and alleys shall at all times be free and unobstructed to the passage of traffic.

I. Industrial-Light (I-L).

(1) Purpose and intent. The purpose of the Industrial-Light (I-L) Zoning District is to provide a means of achieving the economic development goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the I-L Zoning District is to allow light industrial uses in those areas with land uses compatible with said industrial uses, and sufficient transportation facilities, topographic conditions, and utilities available for said industrial uses.

(2) Permitted uses. The following uses are allowable as permitted uses in the I-L Zoning District:

(a) All those uses designated with a "P" in the "I-L" column of Appendix A;[12]

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

(b) Any use not identified in Appendix A and proposed in the I-L Zoning District, if the Town reviews the proposed use and in their reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the I-L Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "I-L" column of Appendix A;

(b) Any use not identified in Appendix A and proposed in the I-L Zoning District, if the Town reviews the proposed use and in their reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A;

(4) Prohibited uses. Any use other than those identified in Subsection I(1) and (2) of this section shall be prohibited in the I-L Zoning District.

(5) Permitted and conditional use standards and requirements. The following are standards and requirements applicable to all permitted and conditional uses in the I-L Zoning District:

(a) Lot:

[1] Minimum size:

[a] Sewered: 40,000 square feet;

[b] Unsewered: three acres.

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

[4] Material storage: Not more than 40% may be used for open storage of raw material or any other material;

[5] Defined ingress and egress.

(b) Building:

[1] Minimum surface area: none;

[2] Maximum surface area: none, but not to exceed the requirement of Subsection I(5)(b)[6], Maximum lot cover;

[3] Maximum height: 42 feet;

[4] Minimum width: none;

[5] Maximum number per lot: None, but not to exceed the requirement of Subsection I(5)(b)[6], Maximum lot cover;

[6] Maximum lot cover: 40%;

[7] Minimum open space between front of principal building and front-yard lot line: 20%. (Driveways or parking lots shall not qualify as open space but ponds or fountains shall.)

(c) Building setback line:

[1] Road-yard:

[a] Arterial or collector road: See § 425-3-2G(1) of this chapter;

[b] Local road: 50 feet or 75 feet if parking spaces are located in the front yard.

[2] Rear-yard: 40 feet or 50 feet if lot is adjacent to the R-RS or R-L Zoning Districts, or a residential lot in the PD Zoning District;

[3] Side-yard: 20 feet or 50 feet if lot is adjacent to the R-RS or R-L Zoning Districts, or a residential lot in the PD Zoning District;

(d) Parking:

[1] Off-street: one two-hundred-square-foot (minimum) space for every 200 square feet of building floor area or per employee, at the discretion of the Town;

[2] Loading and unloading: Sufficient space for loading or unloading of automobiles and semi-trailers shall be provided off of streets and alleys so that said streets and alleys shall at all times be free and unobstructed to the passage of traffic;

[3] Loading space: Every building containing 5,000 square feet or more of floor area shall provide off-street loading space measuring not less than 400 square feet in size and 14 feet in height, clear of all obstructions, with the number of spaces required in accordance with Figure VI as contained herein:

	Figure VI
	Building Floor Area (Square Feet)	Loading Spaces (Number)
	5,000 to 24,000	1
	24,001 to 60,000	2
	60,001 to 96,000	3
	96,001 to 144,000	4
	144,001 to 192,000	5
	192,001 to 240,000	6
	240,001 to 294,000	7
	294,001 to 348,000	8
	Each additional 54,000 square feet above 348,000	+1

(e) Screening: All storage, except of automobiles in operable condition, shall be within completely enclosed buildings or effectively screened by either of the following:

[1] A solid wall or fence not less than six feet or more than eight feet in height;

[2] A densely planted hedge, shrubbery, or conifer trees at least six feet in height which effectively creates a visual barrier,

J. Special Use (SU).

(1) Purpose and intent. The purpose of the Special Use (SU) Zoning District is to provide a means of achieving the various goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the SU Zoning District is to allow for those uses which create or could create unique issues or circumstances, or hazards to the general health, safety, welfare and character of the community, and therefore should be limited to ensure said health, safety, welfare, and character.

(2) Permitted uses. The following uses are allowable as permitted uses in the SU Zoning District:

(a) All those uses designated with a "P" in the "SU" column of Appendix A;[13]

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

(b) Any use not identified in Appendix A and proposed in the SU Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the SU Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "SU" column of Appendix A;

(b) Any use not identified in Appendix A and proposed in the SU Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A.

(4) Prohibited uses. Any use other than those identified in Subsection J(2) and (3) shall be prohibited in the SU Zoning District.

(5) Permitted and conditional use standards and requirements, general. The following standards and requirements are applicable to all permitted and conditional uses in the SU Zoning District, not to include mobile home parks or nonmetallic mining operations, with standards and requirements for those uses identified in § 425-3-3J(6) and (7) of this chapter:

(a) Lot:

[1] Minimum size: one acre;

[Amended 7-13-2021 by Ord. No. 2021-07]

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

[4] Material storage: Not more than 40% may be used for open storage of raw material or any other material.

(b) Building setback line: All building setback lines shall be as stated in the following or as stated in § 425-3-2G(1) of this chapter, whichever is greater:

[1] Road-yard:

[a] Arterial or collector road: See § 425-3-2G(1) of this chapter;

[b] Local road: 50 feet.

[2] Rear-yard: 25 feet;

[3] Side-yard: 20 feet.

(c) Building:

[1] Minimum surface area: none;

[2] Maximum surface area: none, but not to exceed the requirement of Subsection J(5)(c)[6], Maximum lot cover;

[3] Maximum height: 42 feet;

[4] Minimum width: none;

[5] Maximum number per lot: none, but not to exceed the requirement of Subsection J(5)(c)[6], Maximum lot cover;

[6] Maximum lot cover: 40%.

(d) Parking:

[1] Off-street: one two-hundred-square-foot (minimum) parking space per five users at maximum use of lot, at the discretion of the Town;

[2] Loading and unloading: Sufficient space for loading or unloading of automobiles and trailers shall be provided off of streets and alleys so that said streets and alleys shall at all times be free and unobstructed to the passage of traffic.

(6) Permitted and conditional use standards and requirements, mobile home park. The following standards and requirements are applicable to mobile home parks in the SU Zoning District:

(a) No area within the Town shall be utilized as a mobile home park unless it is planned for residential or similar use on the Future Land Use Map as contained in the Comprehensive Plan. The principal use of all areas of the mobile home park shall be residential only, except for those areas designated for park management and maintenance, open space, or other reasonable associated uses, at the discretion of the Town.

(b) Mobile home parks shall be subject to all of the following:

[1] Not less than 10% of the total gross mobile home park area shall be devoted to recreational facilities or open space, with access to said recreational facilities or open space convenient to all mobile home lots within the mobile home park;

[2] A screening buffer strip shall be in place along the mobile home park lot boundary, consisting of a densely planted hedge, shrubbery, or trees so as to effectively create a visual barrier and still allow a breeze to pass, with said screening at least five feet in width and 10 feet in height;

[3] One accessory building for storage of mobile home park maintenance equipment shall be allowed provided said building is fully enclosed and does not exceed 1,500 square feet in surface area nor 35 feet in height, or other reasonable size as approved by the Commission, to serve the needs of park residents;

[4] A building shall be constructed or present which shall be easily accessible to all mobile home park residents for their exclusive use and shall include kitchen, laundry, sanitation, and rest room facilities, meeting room space of at least 1,000 square feet in surface area, including a subgrade area of a size which shall provide adequate protection to all mobile home park residents in the event of severe weather, with said building to maintain a year-round temperature of not less than 60° F.;

[5] Adequate lighting with a minimum of one footcandle in place to illuminate streets, driveways, and pedestrian ways for the safe movement of vehicles and pedestrians at night;

[6] All fuel within a mobile home park shall be distributed in conformity with the state rules and regulations;

[7] Garbage and rubbish within a mobile home park shall be stored in fly-tight and water-tight approved containers stored within a completely enclosed building or outside the building provided that such storage area is effectively screened from view;

[8] Hard-surfaced roads shall be built according to Town and Rock County standards, with a minimum road pavement width of 22 feet and the minimum pavement diameter of a cul-de-sac 140 feet. Road alignment and gradient shall be properly adapted to topography and safe movement of anticipated traffic types, and to adequately control surface and ground water. Road names shall not duplicate the names of any other in Rock County;

[9] All utilities within a mobile home park shall be installed underground and meet State of Wisconsin Statutes and Administrative Codes.

[10] Only the following signs shall be permitted in a mobile home park:

[a] One non-flashing ground-mounted or wall sign stating only the park name, provided the sign does not project into any public way;

[b] One ground or on-premises wall sign per mobile home lot;

[c] Necessary regulatory signs, including but not limited to street name, entrance, and exit signs.

[11] Mobile home park lot:

[a] Lot:

[i] Minimum size: eight acres;

[ii] Maximum size: none;

[iii] Minimum width: public road frontage, 100 feet;

[iv] Maximum mobile home lot density: seven per acre;

[v] Minimum number of mobile home lots: 25 mobile home lots completed and ready for occupancy before first occupancy is permitted.

[b] Building setback line: All building setback lines shall be as stated in the following or as stated in § 425-3-2G(1) of this chapter, whichever is greater;

[i] Road-yard:

[A] Arterial or collector road: see § 425-3-2G(1) of this chapter;

[B] Local road: 50 feet.

[ii] Rear-yard: 35 feet;

[iii] Side-yard:

[A] Principal building: 15 feet;

[B] Accessory building: eight feet.

[12] Mobile home lot: Mobile home lots shall be subject to all of the following:

[a] Mobile home lots shall be rented for residential use only for periods of not less than 30 days;

[b] One accessory building shall be allowed for each mobile home provided said building is fully enclosed, is located on the same lot as the mobile home which it serves, and does not exceed 100 square feet in surface area;

[c] Each mobile home lot shall abut a road within a mobile home park;

[d] Each mobile home lot shall be connected to the mobile home park's electrical wiring system by underground cable and by approved receptacle, disconnecting means, and over current protective equipment, with the minimum service of 120 to 240 volts AC, 100 amperes per lot;

[e] Each mobile home lot shall be equipped with at least a three-inch sewer connection located so as to provide a suitable connection from the home at a continuous grade, and not subject to surface drainage;

[f] Fences and hedges shall be allowed on a mobile home lot provided they do not exceed a height of three feet in the road-yard and six feet in all other yards;

[g] Each mobile home's lot lines shall be clearly marked on the ground by permanent flush stakes or markers and have a unique number and street name not duplicated elsewhere within the County.

[h] Lot:

[i] Minimum size: 6,000 square feet;

[ii] Minimum width: Road frontage: 50 feet with lesser frontage allowed by Town for irregular shaped lots where necessary.

[i] Building setback line: All building setback lines shall be as stated in the following:

[i] Road-yard: Private road within mobile home park. (See § 425-3-2G(1) of this chapter for road-yard requirements on public road.)

[A] Mobile home: 10 feet;

[B] Accessory building: 10 feet.

[ii] Rear-yard:

[A] Mobile home: eight feet;

[B] Accessory building: five feet.

[iii] Side-yard:

[A] Mobile home: eight feet;

[B] Accessory building: five feet.

[iv] Yard adjacent to any recreational facilities or open space area:

[A] Mobile home: eight feet;

[B] Accessory building: eight feet;

[13] Mobile home: A mobile home shall be used for residential purposes only if it is located on a mobile home lot in a licensed mobile home park, subject to all of the following:

[a] The mobile home shall meet all the requirements of U.S. Department of Housing and Urban Developments' Manufactured Home Construction Standards;

[b] The mobile home shall be placed in a designated stand and connected to a common water and sanitary sewer, electrical and all other necessary utilities, with said stand consisting of a continuous four-inch concrete single slab equal to the size of the mobile home, with six anchors and tie-downs, such as cast-in-place concrete "dead man" eyelets embedded in concrete foundations or arrowhead anchors or other devices, to secure the mobile home. Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and at the middle of each side, and each shall be able to sustain a minimum tensile strength of 2,800 pounds;

[c] No addition or alteration to a mobile home shall exceed the height of the existing mobile home, nor shall any addition to a mobile home be greater in area, in square feet, than the existing mobile home. Any addition to a mobile home shall be deemed a part of the mobile home and shall be subject to building setback lines in accordance with § 425-3-3J(5)(b) of this chapter;

[d] The mobile home shall have vented skirting of nonflammable material, with areas enclosed by such skirting maintained so as not to provide a harborage for rodents or create a fire hazard. (Insulation placed inside the skirting is recommended to prevent freezing of pipes.)

[14] Parking:

[a] Mobile homes: one per mobile home lot except that an unoccupied recreational vehicle may be parked within the building setback line of the mobile home lot owner's yard, to the rear of the principal building;

[b] Automobile, off-street: two two-hundred-square-foot (minimum) hard-surfaced spaces on each mobile home lot;

[c] Automobile, street: Allowable on both sides of the street if the road is at least 36 feet wide and allowable on one designated side only if the road is at least 30 feet wide.

(7) Permitted and conditional use standards and requirements, nonmetallic mining. The following standards and requirements are applicable to all nonmetallic mining uses in the SU Zoning District:

(a) Lot:

[1] Minimum size: five acres;

[2] Maximum size: none.

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

(b) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 50 feet;

[3] Side-yard: 50 feet.

(c) Mining operation setback line:

[1] Road: 100 feet;

[2] Public utility right-of-way: 50 feet;

[3] Zoning district boundary: 100 feet.

(d) Building:

[1] Minimum surface area: none;

[2] Maximum surface area: none, but not to exceed the requirement of Subsection J(7)(d)[6], Maximum lot cover;

[3] Maximum height: 35 feet;

[4] Minimum width: none;

[5] Number per lot: none, but not to exceed the requirement of Subsection J(7)(d)[6], Maximum lot cover;

[6] Maximum lot cover: 10%.

(e) Parking:

[1] Off-street: one two-hundred-square-foot (minimum) square foot space per five users at maximum use of lot, at the discretion of the Town;

K. Planned Development (PD).

(1) Purpose and intent. The purpose of the Planned Development (PD) Zoning District, in accordance with § 62.23(7)(b), Wis. Stats., is to provide for greater flexibility and efficiency in meeting the intent and purpose of this chapter as stated in § 425-1-3 herein, with uses in this district appropriately coordinating with and relating to existing land uses, future land uses as delineated in the Comprehensive Plan, Town of Fulton Agriculture Resources — Farmland Preservation Map as contained in the Rock County Agriculture Plan, or any similar plans or documents, and the natural landscape. The intent of the PD Zoning District is to identify general standards and requirements to ensure efficient, economical, and environmentally sound land use, with these standards and requirements having the same legal force and effect as do standards and requirements contained in other zoning districts, and to allow exceptions to specific zoning standards and requirements so as to promote and encourage a development design and amenity unachievable under said specific standards and requirements.

(2) Permitted uses. The following uses are allowable as permitted uses in the PD Zoning District:

(a) All those uses designated with a "P" in the "PD" column of Appendix A;[14]

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

(b) Any use not identified in Appendix A and proposed in the PD Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A;

(3) Conditional uses. The following uses are allowable as conditional uses in the PD Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "PD" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the PD Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A;

(4) Prohibited uses. Any use other than those identified in Subsection K(2) and (3) of this section shall be prohibited in the PD Zoning District.

(5) Permitted and conditional use standards and requirements. Planned developments are classified in this chapter as a general planned development, conservation development, and neighborhood development, subject to the standards and requirements identified for each classification in the following and all other applicable standards and requirements as identified in this chapter, Land Division Ordinance,[15] and County Land Division and Management Ordinance.

(a) General planned development. A general planned development consists of five or more lots, with the total acreage of all lots in the development to be not less than five acres. The lots shall each have a lot line contiguous with another, if feasible.

(b) Conservation development.

[1] A conservation development consists of five or more lots, with the total acreage of all lots in the development to be not less than five acres.

[2] Conservation developments shall require designation of a development area and a conservation area. The development area shall consist of lots designated for residential use and shall not exceed 60% of the total acreage of the conservation development. The conservation area shall consist of environmentally sensitive areas, cultural resources, priority agricultural lands, priority agricultural soils, woodlands, and/or open space and shall be restricted from further land division and specified building location and construction by a conservation easement in accordance with § 425-3-3K(6)(c) of this chapter, or shall be dedicated to the public as outdoor recreation or open space land. (Said easement shall also restrict further land division in the development area.) The lots in the development area shall each have a lot line contiguous with another, if feasible.

[3] Residential building density in a conservation development, to include only the development area, shall not exceed two residential units per one acre in areas in which public sanitary sewer service and facilities are not readily available and shall not exceed eight residential units per one acre in areas in which public sanitary sewer service and facilities are readily available.

(c) Neighborhood development.

[1] A neighborhood development consists of lots not less than 20 acres in total, in those areas in which public sanitary sewer service and facilities are readily available.

[2] Neighborhood developments shall require designation of a development area, to include residential, commercial and business, public, and mixed-use sectors, and an outdoor recreation and open space area. Within the development area, the residential sector shall consist exclusively of residential and associated land uses, the commercial and business sector shall consist exclusively of commercial, business, and associated land uses, the public sector shall consist exclusively of governmental, quasi-governmental, and associated land uses, and the mixed-use sector shall consist of a mixture of the aforementioned land uses. The outdoor recreation and open space area shall consist exclusively of outdoor recreation, open space, and associated land uses.

[3] The development area shall not exceed 90% of the total acreage of the neighborhood development.

[4] Block length within a development area shall not exceed 600 feet nor be less than 400 feet.

[5] Lots within the residential sector shall not be less than 6,000 square feet or more than 10,000 square feet each nor collectively exceed 50% of the total acreage of the development area.

[6] Eighty percent of lots within the residential sector shall be within 1/4 mile of a commercial and business, public, or mixed-use sector. A commercial and business sector shall be within 1/4 mile of a public or mixed-use sector, and all lots within the commercial and business sector shall not exceed 10% of the total acreage of the development area. A public sector shall be within 1/4 mile of a commercial and business or mixed-use sector, and all lots within the public sector shall not exceed 5% of the total acreage of the development area. A mixed-use sector shall be within 1/4 mile of a commercial and business or public sector, and all lots within the mixed-use sector shall not exceed 10% of the total acreage of the development area.

[7] Street rights-of-way within a development area shall not exceed 25% of the total acreage of the development area.

[8] Neighborhood developments shall also require designation of an outdoor recreation and open space area, consisting of lands possessing environmentally sensitive areas, priority agricultural lands, cultural resources, woodlands, and/or open space, and contain a minimum of 10% of the total acreage of the neighborhood development dedicated to the public as outdoor recreation or open space land.

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

(6) Plan and document submittal, subdivision plat, and conservation easement.

(a) All planned developments shall require submission of plans and documents in accordance with applicable sections of the Land Division Ordinance[16] and County Land Division and Management Ordinance, including Sections 4.111 and 4.117 therein.

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

(b) A general planned, conservation, and neighborhood development shall require submission of a subdivision plat (hereafter "plat"), in accordance with §§ 380-10 — 13, Land Division Ordinance, and Sections 4.112(1)(a), and 4.113(1)(a), County Land Division and Management Ordinance, containing all information required therein in addition to all of the following:

[1] Identification and approximate location and dimension of development areas (and residential, commercial and business, public, and mixed-use sectors if applicable) and either conservation areas or outdoor recreation and open space areas;

[2] Notice of restriction of further land division and specified building location and construction in the conservation development/conservation area, and further land division in the conservation development/development area, and reference to a conservation easement on said conservation area.

(c) A conservation development shall require a Town of Fulton Natural Resources and Open Space, Cultural Resources, or Agricultural Resources Conservation Easement, or similarly named document, as prepared by the Zoning Administrator in accordance with § 700.40, Wis. Stats., and recorded with the Rock County Register of Deeds, subject to all of the following, if applicable:

[1] Restrict further land division of any lots in the conservation development/development area;

[2] Restrict further land division and specified building location and construction in any conservation area;

[3] Allow for access to the conservation development/conservation area and use by any member of the conservation development landowners or similar association.

[4] Stipulate easement grantor can continue in the current or a similar conforming use of the conservation area but any land within said area cannot be subject to land division, nor residential and associated building location and construction, into perpetuity for all conservation developments;

L. Natural Resource-Open Space (NR-OS).

(1) Purpose and intent. The purpose of the Natural Resource-Open Space (NR-OS) Zoning District is to provide a means of achieving the natural resource, open space, and outdoor recreation goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the NR-OS Zoning District is to provide for lands that maintain and enhance ecosystem health and/or offer passive and active outdoor recreation opportunities.

(2) Permitted uses. The following uses are allowable as permitted uses in the NR-OS Zoning District:

(a) All those uses designated with a "P" in the "NR-OS" column of Appendix A;[17]

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

(b) Any use not identified in Appendix A and proposed in the NR-OS Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A;

(3) Conditional uses. The following uses are allowable as conditional uses in the NR-OS Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "NR-OS" column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the NR-OS Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A;

(4) Prohibited uses. Any use other than those identified in Subsection L(2) and (3) of this section shall be prohibited in the NR-OS Zoning District.

(5) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the NR-OS Zoning District:

(a) Lot:

[1] Minimum size: one acre;

[2] Maximum size: none;

[3] Minimum width:

[a] Public road frontage: 100 feet;

[b] Building line: 100 feet.

(b) Building:

[1] Minimum size: none;

[2] Maximum size: none, but not to exceed the requirement of Subsection L(5)(b)[6], Maximum lot cover;

[3] Maximum height: 35 feet;

[4] Minimum width: none;

[5] Maximum number per lot: none, but not to exceed the requirement of Subsection L(5)(b)[6], Maximum lot cover;

[6] Maximum lot cover: 10%.

(c) Building setback line:

[1] Road-yard:

[a] Arterial or collector road: See § 425-3-2G(1) of this chapter;

[b] Local road: 50 feet.

[2] Rear-yard: 20 feet;

[3] Side-yard:

[a] Principal building: 20 feet;

[b] Accessory building: 10 feet.

(d) Parking.

[1] Off-street: one two-hundred-square-foot (minimum) space per five users at maximum use of lot, at the discretion of the Town.

M. Environmental Conservation-Lowland — Overlay (EC-L).

(1) Purpose and intent. The purpose of the Environmental Conservation-Lowland — Overlay (EC-L) Zoning District is to provide a means of achieving the natural resource, open space, and outdoor recreation goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the EC-L Zoning District is to protect public health, safety, and general welfare, property from flooding and inundation of ground water, and the community from costs incurred when development occurs in specified lowlands, by limiting uses in said areas to those which do not require extensive development.

(2) Lowland. Lowland in the EC-L Zoning District shall be identified as any of the following with the location of said areas reflecting the most current and best data and information available to the Town at the time of administration and enforcement of this chapter:

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

(b) Hydric soils: Lands with soils identified as hydric;

(c) Shorelands: Lands identified within 75 feet of the ordinary high water mark of a surface water feature;

(d) Wetland: Lands identified as wetland, as delineated by the Wisconsin Department of Natural Resources or another qualified entity.

(3) Permitted uses. The following uses are allowable as permitted uses in the EC-L Zoning District:

(a) All those uses designated with a "P" in the "EC-L" column of Appendix A;[18]

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

(b) Any use not identified in Appendix A and proposed in the EC-L Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(4) Conditional uses. The following uses are allowable as conditional uses in the EC-L Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "EC-L" column of Appendix A;

(b) Any use not identified in Appendix A and proposed in the EC-L Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A.

(5) Prohibited uses. Any use other than those identified in Subsection M(3) and (4) of this section shall be prohibited in the EC-L Zoning District.

(6) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the EC-L Zoning District:

(a) Lot: Subject to underlying zoning district standards and requirements;

(b) Building: Subject to underlying zoning district standards and requirements;

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 25 feet;

[3] Side-yard:

[a] Principal building: 15 feet or underlying zoning district standard and requirement, whichever is greater;

[b] Accessory building: 10 feet or underlying zoning district standard and requirement, whichever is greater.

(d) Parking: Subject to underlying zoning district standards and requirements.

N. Environmental Conservation-Highland — Overlay (EC-H).

(1) Purpose and intent. The purpose of the Environmental Conservation Highland — Overlay (EC-H) Zoning District is to provide a means of achieving the natural resource, open space, and outdoor recreation goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the EC-H Zoning District is to provide for protection, preservation, maintenance, and enhancement of specified highland, including unique natural, scenic, wildlife habitat, and outdoor recreation areas, and to mitigate against soil erosion and sedimentation, by limiting uses to those that do not require extensive development.

(2) Highland. Highland within the EC-H Zoning District shall be identified as any of the following with the location of said areas reflecting the most current and best data and information available to the Town at the time of administration and enforcement of this chapter:

(a) Groundwater protection areas: Lands identified as groundwater protection areas;

(b) Shallow bedrock: Lands identified with bedrock within 20 inches of the surface;

(c) Steep slopes: Lands identified with slopes 20% and greater.

(3) Permitted uses. The following uses are allowable as permitted uses in the EC-H Zoning District:

(a) All those uses designated with a "P" in the "EC-H" column of Appendix A;[19]

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

(b) Any use not identified in Appendix A and proposed in the EC-H Zoning District, if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another permitted use identified in Appendix A.

(4) Conditional uses. The following uses are allowable as conditional uses in the EC-H Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the "EC-H" column of Appendix A;

(b) Any use not identified in Appendix A and proposed in the EC-H Zoning District if the Town reviews the proposed use and in its reasonable and prudent judgment determines the proposed use most closely resembles another conditional use identified in Appendix A.

(5) Prohibited uses. Any use other than those identified in Subsection N(3) and (4) of this section shall be prohibited in the EC-H Zoning District.

(6) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the EC-H Zoning District:

(a) Lot: Subject to underlying zoning district standards and requirements;

(b) Building: Subject to underlying zoning district standards and requirements;

(c) Building setback line:

[1] Road-yard: See § 425-3-2G(1) of this chapter;

[2] Rear-yard: 25 feet;

[3] Side-yard:

[a] Principal building: 15 feet or underlying zoning district standard and requirement, whichever is greater;

[b] Accessory building: 10 feet or underlying zoning district standard and requirement, whichever is greater.

(d) Parking: Subject to underlying zoning district standards and requirements.

O. Residential- General Sewered (R-GS).

[Added 6-14-2016 by Ord. No. 2016-2]

(1) Purpose and intent. The purpose of the Residential- General Sewered Zoning District is to provide a means of achieving the housing goals, objectives, and policies of the Comprehensive Plan or similar document. The intent of the R-GS Zoning District is to allow for low-density residential land uses on lots served by a public sanitary sewer system, in and around existing or potential future low-, medium-, or high-density residential areas in accordance with the Existing Land Use Map and Future Land Use Map, or similarly named maps as contained iri the Comprehensive Plan, which, due to topography or other reasons, are not appropriate for the R-L District.

(2) Permitted uses. The following uses are allowable as permitted uses in the R-GS Zoning District:

(a) All those uses designated with the "P" in the R-GS column of Appendix A;[20]

[20] Editor’s Note: Said appendix is included as an attachment to this chapter.

(b) Any use not identified in Appendix A and proposed in the R-GS District if the Town reviews the proposed use and, in its reasonable and prudent judgment, determines the proposed use most closely resembles another permitted use identified in Appendix A.

(3) Conditional uses. The following uses are allowable as conditional uses in the R-GS Zoning District, requiring a CUP in accordance with § 425-4-3F of this chapter prior to establishment of said use:

(a) All those uses designated with a "C" in the R-GS column in Appendix A;

(b) Any use not identified in Appendix A and proposed in the R-GS Zoning District if the Town reviews the proposed use and, in its reasonable and prudent judgment, determines the proposed use most closely resembles another conditional use identified in Appendix A.

(4) Prohibited uses. Any use other than those identified in § O (2) and (3) of this section shall be prohibited in the R-GS Zoning District.

(5) Permitted and conditional use standards and requirements. The following standards and requirements are applicable to all permitted and conditional uses in the R-GS Zoning District.

(a) Lot.

[1] Minimum size:

[a] Residence, single-family: 10,000 square feet.

[b] Residence, two-family: 12,000 square feet.

[2] Maximum size: Less than 40,000 square feet.

[3] Minimum width: 80 feet.

[4] Public road frontage: 80 feet.

[5] Building line: 80 feet.

(b) Building.

[1] Minimum size:

[a] Residence. [A basement shall not count as square footage. Any residence constructed without a full-height basement shall require an additional 200 square feet above the number identified in Subsection O(5)(b)[1][a][i] and [ii].]

[i] Single-family, living area: 1,000 square feet.

[ii] Two-family, living area: 1,600 square feet.

[b] Any building other than a residence: none.

[2] Maximum size: none, but not to exceed the requirement of Subsection O(5)(b)[6], Maximum lot cover;

[3] Maximum height:

[a] Principal building: 35 feet.

[b] Accessory building: 20 feet and not forward of the front face of the principal building.

[4] Minimum width:

[a] Residence: 24 feet.

[b] Any building other than a residence: none.

[5] Maximum number:

[a] Residence (single-family or two-family): one.

[b] Any building other than a residence: none, but not to exceed the requirement of Subsection O(5)(b)[6], Maximum lot cover.

[6] Maximum lot cover:

[Amended 3-8-2022 by Ord. No. 2022-04]

[a] Buildings and other structures: 25%.

[b] Any other constructed surface that prevents rainwater from reaching the ground (driveways, sidewalks, etc.): 10%.

[c] Maximum lot coverage may be increased by the Town Board with an engineering-approved stormwater management plan.

(c) Building setback line:

[1] Road-yard: 25 feet from road right-of-way line.

[2] Rear-yard:

[a] Principal building: 25 feet.

[b] Accessory building: eight feet.

[3] Side-yard:

[a] Principal building: eight feet and 20 feet total on both sides.

[b] Accessory building: eight feet.

(d) Parking:

[1] Off-street, residential: two spaces a minimum of 200 square feet and a two-car garage (minimum) per residence;

[2] Off-street, public gathering: one space 200 square feet (minimum) per five seats or per 200 square feet of building.

[3] Off-street: home occupation, and professional office: one space 200 square feet (minimum) per 200 square feet of commercial/business floor area in building.