Setback lines are hereby established in Green
Lake County outside the limits of incorporated cities and villages
along all public highways and at the intersections of highways with
highways and highways with railway, as hereinafter provided. Where
a highway is located on a county, city or village boundary, this section
shall not be effective on the side of such highway that is within
the city or village or the adjoining county.
The position of the center line of any road
or highway shall be determined as follows:
A.
State trunk highways that have been improved, in accordance
with surveys of the State Highway Commission or plans accepted by
the County Board; County trunk highways that have been improved, in
accordance with engineering surveys and plans accepted by the County
Board or its agent, the County Highway Committee; town roads that
have been improved, in accordance with engineering surveys and plans
accepted by the County or Town Board. The center line of any of the
above roads or highways is the center of the surfacing or pavement
or, if there is none, the center of the graded roadbed, or the center
of the directional separator, if the highway is directionally divided.
B.
County trunk highways that have not been improved,
in accordance with engineering surveys and plans accepted by the County
Board or its agent, the County Highway Committee; town roads that
have not been improved, in accordance with engineering surveys and
plans accepted by the County or Town Board. The center line of any
of the above roads or highways is at the midway point between fences
or other markers indicating the boundaries of the highway on opposite
sides thereof.
[Amended 8-19-2014 by Ord. No. 1092-2014]
Except as otherwise provided in the specific zoning district, the distances from the center line, as defined by § 350-49 of this article, or from the front line to the setback line shall be as provided by the following subsections. Whenever a highway is improved to a classification requiring a greater setback distance than that required by this chapter prior to such improvement, the setback distance shall not be affected by such improvement. In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail, but this regulation shall not apply to streets in platted subdivisions.
A.
Along highways generally. The setback distance from the center line
or right-of-way line, at any point, for the respective classes of
highways shall be as follows:
[Amended 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019; 8-18-2020 by Ord. No. 9-2020; 9-21-2021 by Ord. No. 30-2021]
Highway Classification
|
Setback From Center Line
(feet)
|
Setback From Street Lot Line
(feet)
|
---|---|---|
State trunk highways
|
110
|
Not less than 67
|
County trunk highways
|
75
|
Not less than 40
|
Town roads, except in platted subdivisions or nonriparian lots
or parcels
|
75
|
Not less than 40
|
Town roads in platted subdivisions
|
30
| |
Town roads accessed by a riparian lot
|
25
|
B.
At ordinary highway intersections. At grade intersections
of highways, there shall be vision clearance triangles in each sector
of such intersections. Each such vision clearance triangle shall be
established by a supplementary setback line, which shall be a straight
line connecting points located on the setback lines along the intersecting
highways and 60 feet back from the intersection of such setback lines,
provided that this requirement shall not apply to streets in platted
subdivisions.
C.
At highway intersections with transitional widening.
At intersections of highways with other highways provided with transitional
widening of pavement or surfacing, such transitional widening shall
be considered as additional width, and the setback line on the side
that is widened shall be increased by the amount equal to the width
of the additional pavement.
D.
At highway intersection with curve connections. At intersections of highways with other highways, where the intersecting highways are connected with pavement or surfacing constructed on a curve, the pavement or surfacing of the curve shall be classified as provided by § 350-49 of this section, and the setback distance along the curve shall be measured from the center line of the curved section determined accordingly.
E.
At railroad grade crossings. At grade intersections
of highways with railroads, there shall be vision clearance triangles
in each sector of the intersections. Each such vision clearance triangle
shall be established by a supplementary setback line, which shall
be a straight line connecting points located on the setback lines
along the highway and the railroad right-of-way lines and 100 feet
back from the intersections of such highway setback lines and railroad
right-of-way lines.
[Amended 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019]
No new building, new sign, new privacy fence or other new structure,
including cemeteries, nor any part thereof, shall be placed between
the setback lines established by this chapter and the highway except
as provided by this chapter. No building, sign, structure or part
thereof existing within such setback lines on the effective date of
this chapter shall be altered, enlarged or added to in any way that
increases or prolongs the permanency thereof, unless granted a variance
by the Board of Adjustment.
A.
The following kinds of structures may be placed between
the setback lines and the highway:
(1)
Open fences, height not to exceed four feet (adjacent
grade to maximum vertical extent).
[Amended 8-18-2020 by Ord. No. 9-2020]
(2)
Telephone, telegraph and power transmission poles and lines and microwave
radio relay structures, except satellite earth stations, may be constructed
within the setback lines, provided that the owner will file with the
Land Use Planning and Zoning Department of Green Lake County an agreement,
in writing, to the effect that the owner will remove all new construction,
additions and replacements erected after the adoption of this chapter,
at his expense, when necessary for the improvement of the highway
and pay a recording fee.
[Amended 11-14-2017 by Ord. No. 22-2017]
(3)
Underground structures not capable of being used as
foundations for future prohibited overground structures.
(4)
Access of service highways constructed according to
plans as approved by the County Highway Committee. In giving such
approval, the County Highway Committee shall give due consideration
to highway safety.
(5)
Signs placed by the public authorities for the guidance
or warning of traffic.
(6)
Signs permitted in the agriculture districts.
(7)
Temporary structures permitted in the commercial and
industrial districts.
(8)
Uncovered landings and steps, not exceeding 24 inches in height from
adjacent grade, the sole purpose of which is to provide ingress to
and egress from a nonconforming single-family dwelling to the highway
setback. In these cases, these structures shall be constructed to
meet the minimum standards set forth in SPS 140 321.04, Wis. Admin.
Code.
[Added 8-18-2020 by Ord. No. 9-2020]
(9)
Retaining and decorative landscape walls may be allowed in the street
yard, side yard and rear yard with a minimum zero-foot setback.
[Added 8-18-2020 by Ord. No. 9-2020]
(10)
Irrigation and liquid manure transport piping and structures that
are necessary for underground pipeline maintenance.
[Added 9-20-2022 by Ord. No. 17-2022]
B.
This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees, provided that no field crops, shrubbery, trees, buildings or structures shall be located, maintained or permitted to grow so that the view across the sectors at the intersections, as provided by § 350-50B, C, D and E of this article, shall be obstructed.