All development shall comply fully with the
requirements of this article.
Developments shall meet the minimum requirements
for the applicable district shown in the Table of Dimensional Requirements.[1]
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
A.
No lot shall hereafter be created which does not meet
the minimum width and area requirements of this chapter. No lot shall
be so reduced that it fails to meet any density or dimensional requirement
of this chapter.
B.
Lot of record required. Every building hereafter erected,
structurally altered or relocated shall be placed on a lot of record.
C.
Access to road. No lot shall hereafter be created
nor any building placed on a lot which does not have an access to
a public road or a private road which is described and recorded in
the Pierce County Register of Deeds Office. The property owner shall
be responsible for securing such access.
D.
Only one single-family residence or one duplex shall
be permitted on a lot, except as provided elsewhere in this chapter.
Lots containing uses other than one- and two-family residences may
contain more than one principal structure or use, provided that the
lot contains the required minimum lot area for each such use.
E.
Lots created prior to the effective date of this chapter. Except as provided in Subsection E(3), lots which were created before the effective date of this chapter shall be considered building sites, provided they meet the criteria established in both Subsection E(1) and (2):
(1)
They are of record in at least one of the following
forms to establish the lot's date of creation:
(a)
A recorded land subdivision or certified survey
map on file in the Pierce County Register of Deeds Office showing
the lot in its present form.
(b)
A lot of record by means of a deed or land contract
on file in the Pierce County Register of Deeds Office and which predates
the effective date of this chapter.
(c)
A recorded condominium plat.
(2)
Minimum lot size for lots created prior to the effective
date of this chapter shall be 10,000 square feet for lots without
public sewer and 5,000 square feet for lots with public sewer.
G.
Erosion control. Construction on slopes of 20% or
more shall require plan approval from the Land Conservation Department.
For the purpose of this section, "slope" shall be defined as the average
change in elevation over an area which extends 30 feet from the perimeter
footprint of the structure.
A.
Official density map. Allowable residential density
will be recorded on an official maximum residential density map kept
on file in the Zoning Office. The number of residential sites created
shall be noted on the map.
B.
Applicability. Maximum residential density shall apply
to the creation of residential lots in the PA, GR, GRF, RR-8, RR-12
and RR-20 Districts.
C.
Number of residential lots. Parcels of land existing on the effective date of this chapter shall not be divided into residential sites which exceed the allowable number of sites per 40 acres or portion thereof for each district as listed in §§ 240-23.
(1)
Calculation. The allowable number of residential lots
shall be calculated by multiplying the size of the tract in acres
by the maximum residential density per 40 acres. (Example: A parcel
of 26 acres in the RR-8 District results in 26 x 8 ÷ 40
= 208 ÷ 40 = 5.2 lots.)
(2)
Rounding. Any fractional lot resulting from the calculation in Subsection C(1) which is at least .75 shall be rounded up to the next whole number.
(3)
Wetlands. Wetland acreage, as shown on the Wisconsin
Wetland Inventory Maps, may count toward parcel size, except that
wetlands shall not count for more than 25% of parcel size, and all
building sites shall be located outside of the wetlands.
(4)
Existing residences. Any residence which exists on
the tract of land to be divided shall count against the maximum residential
density allowed. This shall not apply to a second farm residence which
is located on the same lot as the principal farm residence.
(5)
Minimum lot size. No lot or building site shall be
created which does not meet the minimum lot area requirements of this
chapter.
(6)
Transfer of allowable density. The transfer of allowable
density from one parcel to a contiguous parcel under the same ownership
is permitted. Such transfer may also be across a public or private
road to a parcel under the same ownership which has opposite frontage.
(7)
All lots to contain allowance for residential use.
No parcel shall be created which does not carry with it the allowance
for at least one dwelling unit under the maximum density calculation
unless such parcel is permanently deed restricted to nonresidential
use.
D.
The maximum residential density in the General Rural-Flexible
(GRF) District shall be increased from four to a maximum of eight
dwelling units per 40 acres based upon the applicable town board's
written finding that:
(1)
Such increased density:
(a)
Does not conflict with town goals for farmland
preservation.
(b)
Will not adversely affect natural resources,
such as steep slopes, wetlands, high-quality woodlands and wildlife
habitats.
(c)
Is compatible with present and future uses on
adjoining lands under the same ownership.
(d)
Is compatible with present and future uses of
neighboring lands.
(2)
The site has suitable roads and services to support
the proposed density.
A.
It is the intent of this section to authorize the developer to decrease lot sizes and therefore create usable open space on the rest of the parcel, thereby lowering development costs and increasing the attractiveness of the project. This is to be accomplished by increasing the density of the development beyond the limits indicated in § 240-23 of these regulations.
B.
With the approval of the Zoning Administrator, in
any single-family, manufactured home or duplex residential subdivision
which is a permitted use under these regulations, the developer may
cluster structures in the following districts, provided that all building
lots are contiguous and have a maximum size of 2.0 acres:
|
Zoning District
|
Minimum Lot Area
|
Density Bonus per Units Clustered
|
Minimum Number of Houses in a Cluster
| |
|---|---|---|---|---|
|
General Rural
|
.5
|
1 per 4
|
5
| |
|
General Rural-Flexible
|
.5
|
1 per 6
|
7
| |
|
Rural Residential-8
|
.5
|
1 per 6
|
7
|
D.
The amount of open space that must be set aside shall
be determined by:
E.
The following types of unbuildable land shall not
be considered open space:
F.
All open space and any other part of the parcel capable
of further subdivision shall be restricted from further subdivision
through a permanent conservation easement held by the township or
recognized land trust or conservancy, duly recorded in the office
of the Pierce County Register of Deeds.
G.
All open space must be legally and practicably accessible
to the residents of the development out of which the required open
space is taken. Access for public uses shall be by dedication of land
or other means duly recorded in the office of the Pierce County Register
of Deeds.
H.
The required open space may be used for individual
or community septic systems or for stormwater management ponds or
basins.
I.
During the land division process, the Land Management
Committee shall approve of a cluster subdivision if its design is
deemed by the Committee to be appropriate to the site's natural, historic
and cultural features and if, through encouragement of originality
and lot layout, the following goals are achieved:
(1)
Protection of all floodplains, wetlands and steep
slopes.
(2)
Uninterrupted scenic views.
(3)
Creation of upland buffers around watercourses.
(4)
Preservation of existing woodlands, tree lines and
existing pastures.
(5)
Avoidance of prime agricultural soils.
(6)
Protection of wildlife habitat.
(7)
Avoidance of construction on higher topographic features.
(8)
Provision of contiguous open space.
B.
County highways. Except as provided in Subsection E, the required setback for all structures fronting on county highways shall be 100 feet from the center line of the road or 67 feet from the edge of the right-of-way, whichever is greater.
C.
Town highways. Except as provided in Subsection E, the required setback for all structures fronting on all town highways shall be 75 feet from the center line of the road or 42 feet from the edge of the right-of-way, whichever is greater.
D.
Private roads.The required setback for all structures
fronting on private roads or private road easements shall be 75 feet
from the center line of the road or easement or 42 feet from the edge
of the private road right-of-way or easement, whichever is greater.
E.
Setback reduction. A setback of less than the required
setback for the appropriate class of highway shall be permitted in
cases where the adjacent principal buildings are located closer to
the highway than the required setback.
(1)
Where each side of the proposed building location
is occupied by an adjacent principal building located within 200 feet
of the proposed building footprint, the required setback for the proposed
building shall be the average of the setbacks of the adjacent principal
buildings.
(2)
Where one side of the proposed building location is
occupied by an adjacent principal building located within 200 feet
of the proposed building footprint, the required setback for the proposed
building shall be the average of the setback of the adjacent principal
building and the setback required for that particular highway.
F.
How measured. Setbacks from highways shall be measured
from the nearest portion of a structure. However, the first two feet
of an overhanging eave and gutter and the first six feet of unenclosed
stairs shall be excluded, provided that these items are not located
within any public right-of-way.
G.
Exemptions. The following structures shall be permitted
within the required setback of highways, provided that they do not
violate any other provisions of this chapter:
(1)
Structures which are not buildings and which are less
than six inches above preconstruction grade.
(2)
Public utility poles, lines and related equipment
without permanent foundations.
(3)
Minor structures, as listed in § 240-32A(1).
(4)
Fences, provided they are not located within a public
right-of-way.
(6)
Outdoor lighting in installations and unenclosed canopies
for lighting and rain protection in conjunction with such uses as
automobile fuel sales or drive-in facilities, provided these items
are not located within a public right-of-way and provided that they
are not located in side yards.
(7)
Structures, such as ramps and landings, lifts or elevator
housing, which are designed and intended to comply with the requirements
of the Americans with Disabilities Act or fair housing laws to make
existing buildings accessible to disabled people and where no feasible
alternative locations exist.
H.
Vision clearance triangle. In each quadrant of every
street intersection there shall be a vision clearance triangle according
to design standards on file in the Zoning Office.
[Amended by Ord. No. 99-11; 9-27-2016 by Ord. No. 16-03]
[Amended 2-25-2014 by Ord. No. 13-12; 8-28-2018 by Ord. No. 18-02]
B.
Exemptions. The following shall be exempted from the height requirements
of this section:
(1)
Architectural projections, such as spires, belfries, parapet walls,
domes, chimneys and cupolas, provided that such cupolas do not exceed
64 square feet in floor area, including stairwells, are not higher
than eight feet above the adjacent roof ridge and contain no living
quarters.
(2)
Agricultural structures, such as silos, barns and grain storage buildings.
(3)
Special structures, such as elevator penthouses, grain elevators,
observation towers in parks, communication towers, electrical poles
and towers and smoke stacks, provided such structures shall not exceed
in height their distance from the nearest lot line.
C.
Public or semipublic facilities, such as schools, churches, monuments,
libraries and government buildings, may be granted exemptions by the
Land Management Committee to a height of 60 feet, provided that all
required setbacks and yards are increased by not less than one foot
for each foot the structure exceeds 35 feet in height.
D.
Industrial and commercial structure heights may be granted exemptions
by the Land Management Committee, provided that all required setbacks
and yards are increased by not less than one foot for each foot the
structure exceeds 35 feet.
E.
Residential structures located in agricultural zoning districts may
be increased to a maximum of 45 feet in height, provided that all
required setbacks and yards are increased by not less than one foot
for each foot the structure exceeds 35 feet. Height shall be measured
from the lowest exposed portion of the structure's exterior.
Except as required by §§ 240-27 and 240-28, the following shall apply to front, rear and side yards:
A.
How measured. The yard distances shall be measured
from the nearest portion of the structure, except that the first two
feet of an overhanging eave of buildings shall not be included where
the yard requirement exceeds five feet.
B.
Exemptions. The following structures are permitted
in front, rear and side yards provided they do not violate any other
provision of this chapter:
(1)
Public utility poles, lines and related equipment
without permanent foundations.
(2)
Fences, provided they are not located within public
rights-of-way.
(3)
Structures which are not buildings and which are less
than six inches above preconstruction grade.
(4)
Minor structures, as listed in § 240-32A(1).
(5)
Buildings in industrial districts located adjacent
to railroad access.
[Added 3-27-2001 by Ord. No. 00-14]
C.
Construction over lot lines. A structure may be erected
over a lot line when the lots are in common ownership. Such construction
shall have the effect of combining the lots into a single parcel for
zoning purposes, and such lots shall not be sold separately or divided
unless the resulting lots and placement of structures are in conformance
with this chapter.
A.
Purpose. These requirements are intended to reduce
potential adverse impacts that a particular land use might have on
occupants of adjacent properties, such as glare of lights, dust, litter
and appearance. With vegetative screening, such adverse impacts will
be lessened.
B.
Applicability. Landscape buffer requirements shall
only apply to proposed uses in cases where a commercial or industrial
use abuts a residential or agricultural district; where a utility
use requiring a land use permit abuts any district; or such landscape
buffer is required by a provision in this chapter. Commercial and
industrial parcels which are developed as of the effective date of
this chapter are exempt from this provision, except such parcels shall
comply when the parcel is expanded in size or the use expands to an
adjacent parcel which was previously undeveloped for such use.
C.
General requirements.
(1)
Landscape buffers shall be located in such manner
that principal buildings and outdoor storage areas associated with
the proposed use are screened as viewed from the vantage point of
the principal structures on affected adjoining lots.
(2)
Landscape buffers may be located in an area devoted
to meeting minimum side or rear yard requirements.
(3)
Landscape buffers, when required, shall be established
on a lot at the time of the lot's development or at the time the use
of the lot is changed to a use which requires a landscape buffer.
(4)
Landscape buffers shall be provided on each lot as
required by this section independent of existing landscape buffers
on adjoining lots.
(5)
Installation and maintenance of the required landscape
buffers shall be the responsibility of the owner of the lot.
D.
Landscape buffer tree requirements. Landscape buffers,
at the time of establishment, shall meet the design specifications
on file in the Zoning Office as approved and incorporated into this
chapter.
[Amended 8-28-2018 by Ord. No. 18-02]
Accessory structures are permitted subject to the following:
A.
Permit required. Accessory structures shall require a land use permit
except:
(1)
Minor structures, such as birdhouses, yard light poles, birdbaths,
doghouses (housing dogs which are licensed as the personal pets of
the residents of the property), tree houses, noncommercial fuel storage
tanks and pumps, clothesline poles, lawn ornaments, flagpoles, mailboxes,
garbage containers, ice fishing shanties and school bus waiting shelters.
Nonhabitable structures of not more than 100 square feet, which can
be easily moved, and meet applicable setback requirements, are also
exempt.
(2)
Fences.
B.
An accessory structure shall be located on the same lot as the principal
use to which it is accessory.
C.
An accessory structure shall not be permitted until its associated
principal structure is present or under construction.
D.
Residential districts. Accessory structures such as shipping containers
may only be permitted on a temporary basis.
E.
Nonresidential districts. A vacant manufactured home may be permitted
as a temporary accessory structure only in nonresidential zoning districts.
F.
Temporary accessory structures. Certain accessory structures may
only be permitted as a temporary structure, in specific zoning districts,
upon issuance of a land use permit subject to the following:
(1)
The land use permit shall expire 12 months from the date of issuance,
and the accessory structure shall be removed from the premises upon
expiration of the permit. A subsequent land use permit for a temporary
accessory structure on the same parcel shall not be issued until 12
months has elapsed from the expiration of the previous permit.
(2)
Only one such accessory structure shall be permitted at a time.
