A.
Districts established. For the purpose of this Zoning
Code, the Town of Trenton is hereby divided into the following districts:[1]
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EA
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Exclusive Agricultural District
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AT
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Agricultural Transition District
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A-1
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Agricultural District
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R-1
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Single-Family Residential District (Unsewered)
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R-2
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Single-Family Residential District (Unsewered)
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R-3
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Rural Residential District
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R-4
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Single-Family Residential District (Sewered)
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R-5
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Single-Family Residential District (Sewered)
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R-6
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Two-Family Residential District (Unsewered)
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R-7
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Two-Family Residential District (Sewered)
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R-8
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Multiple-Family Residential District (Unsewered)
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B-1
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Local Business District
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B-2
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Highway Business District
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M-1
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Industrial District
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I-1
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Rural Institutional District (Unsewered)
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I-2
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Urban Institutional District (Sewered)
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P-1
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Park District
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CES
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Country Estate District
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CES
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5 Country Estate District (Hobby Farms —
Country Homes)
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CES
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10 Country Estate District (Hobby Farms —
Country Estates)
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PDO
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Planned Development Overlay District
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C-1
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Conservancy District
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B.
Boundaries. Boundaries of these districts are hereby
established as shown on the map titled "Zoning Map, Town of Trenton,
Wisconsin," dated March 31, 1986, which map accompanies and is hereby
made a part of this Zoning Code. Unless otherwise noted on the Zoning
Map, such boundaries shall be construed to follow corporate limits;
United States Public Land Survey lines; lot or property lines; center
lines of streets, highways, alleys, easements and railroad rights-of-way;
or such lines extended.
C.
Road vacation. Vacation of public streets and alleys
shall cause the vacated land to be automatically placed in the same
district as the abutting side to which the vacated land reverts.
A certified copy of the Zoning Map shall be
adopted and approved with the text as part of this Zoning Code and
shall bear upon its face the attestation of the Town Chairperson and
Town Clerk and shall be available to the public in the office of the
Town Clerk. Changes, thereafter, to the general zoning districts shall
not become effective until entered and attested on the certified copy.
A.
Purpose. The EA Agricultural District is intended
to maintain, enhance and preserve agricultural lands historically
utilized for crop production and the raising of livestock. The district
is further intent upon preventing the premature conversion of agricultural
land to scattered residential, commercial and industrial uses. Uses
permitted in the EA Agricultural District shall be consistent with
those uses permitted by § 91.75, Wis. Stats., as may be
amended from time to time.
B.
Permitted uses.
(1)
Apiculture (beekeeping).
(2)
Dairy farming.
(3)
Floriculture (cultivation of ornamental flowering
plants).
(4)
Grazing and pasturing.
(5)
Livestock facilities of not more than 1,000 animal
units.
[Amended 8-21-2023 by Ord. No. Z2023.08.01]
(6)
Orchards.
(7)
Plant nurseries.
(8)
Poultry raising and egg production, not to exceed
5,000 birds.
(9)
Raising of grain, grass, mint and seed crops.
(10)
Raising of tree fruits, nuts and berries.
(11)
Sod farming.
(12)
Vegetable raising.
(13)
Viticulture (grape growing).
(14)
General farm buildings, including barns, manure
storage facilities, silos, sheds and storage bins.
(15)
One single-family farm dwelling to be occupied
by the farm operator.
(16)
Existing dwellings not accessory to a farm operation
or dwellings remaining after the consolidation of farms, provided
that such dwellings are located on a lot not less than 40,000 square
feet in area having a lot width of not less than 125 feet.
(17)
Additional single-family dwellings for the farm
operator or a child or parent of the farm operator, provided that
such dwellings are located on a lot not less than 40,000 square feet
in area having a lot width of not less than 125 feet. Additional dwelling
units permitted by right shall be limited to two. However, additional
dwelling units, exceeding two, may be permitted by conditional use
permit.
(18)
Essential services.
C.
Animals.
(1)
Lots or acreage totaling less than 10 acres shall
be subject to the following, relative to the keeping and raising of
domestic stock for agribusiness, show, breeding or other purposes:
(a)
No more than one horse, cow, sheep or similar
animal, over six months of age, shall be kept on each 1 1/2 acres,
with a maximum number for any parcel not to exceed three animals.
(b)
No more than five chickens, ducks, or similar
poultry, over six months of age, shall be kept for each five acres.
(c)
No more than eight rabbits or hare, over two
months of age, shall be kept for each acre.
(d)
Combination of the above shall be apportioned
to the total acreage, and the Building Inspector shall determine the
total number of animals allowed.
(e)
Any variance from the above requirements may
be obtained for parcels exceeding five acres and shall be by conditional
use permit.
(2)
No animals may be housed or kept in a building which
is attached or connected to a residential dwelling or attached residential
garage.
D.
Permitted accessory uses.
(1)
Supporting agricultural practices associated with
the agricultural uses listed.
(2)
Private garages.
(3)
Home occupations as specified herein.
(4)
One roadside stand for selected farm products produced
on the premises and not exceeding 300 square feet in floor area.
(5)
Forest and game management.
(6)
Ponds for private recreational purposes.
(7)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(8)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E, regarding accessory buildings, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(15).
G.
Parcel area and width. Farm parcels shall provide
a contiguous area of not less than 35 acres, and no farm shall be
less than 600 feet in width.
H.
Building height and area.
(1)
No farm buildings or parts of farm buildings shall
exceed 100 feet in height.
(2)
No farm dwelling or part of a farm dwelling shall
exceed 35 feet in height.
(3)
The total minimum living area of a farm dwelling or
other residential dwelling shall be 1,200 square feet with a minimum
first floor area of 800 square feet.
I.
Yards.
(1)
For property fronting Class B highways, a minimum
street yard (setback) of 75 feet from the road right-of-way shall
be required.
(2)
A minimum shore yard of 75 feet from the high-water
elevation of any navigable water shall be required.
(3)
There shall be a side yard of not less than 25 feet
in width on each side of all structures.
(4)
There shall be a rear yard of not less than 25 feet.
[Added 8-21-2023 by Ord. No. Z2023.08.01]
A.
Purpose. The Agricultural Enterprise District is intended to preserve
and promote a full range of agricultural uses, secure land for livestock
production and other agricultural uses that may be more intensive
than crop production, strengthen agriculture's contribution to
an area's economic base (including new employment opportunities),
support processing, value added, and other activities closely allied
to the agricultural industry, and prevent conversion of land identified
as a valuable agricultural resource to uses that are not consistent
with agriculture. The district's uses and regulations are designed
to implement Comprehensive Plan goals by encouraging livestock and
other agricultural uses in areas where conditions are best suited
to these agricultural pursuits and discouraging residential development
to avoid potential land use conflict. The AE District is generally
compatible with the "prime agriculture" and "open space" land use
designations of the Comprehensive Plan. Due to the more intensive
nature of uses allowed, the AE District is not intended to be applied
near moderately to densely populated areas, and it is not intended
to accommodate residential uses as principle uses.
E.
Minimum lot area. No building, structure or use shall be established
on any single parcel less than 40 acres or on multiple farm parcels
providing a contiguous area of less than 40 acres.
F.
General setbacks.
(1)
Property lines. Except as provided for waste storage structures,
livestock structures must be located a minimum of 100 feet from the
property line if the livestock facility will have fewer than 1,000
animal units, and 200 feet from the property line if the livestock
facility will have 1,000 or more animal units. The setback requirement
does not prevent the use or expansion of a livestock structure that
was located within the setback area prior to the effective date of
the setback requirement, except that a structure may not be expanded
closer to the property line.
(2)
Public road right-of-way. Except as provided for waste storage
structures, livestock structures must be located a minimum of 100
feet from a public road right-of-way if the livestock facility will
have fewer than 1,000 animal units, and 150 feet from a public road
right-of-way if the livestock facility will have 1,000 or more animal
units. The setback requirement does not prevent the use or expansion
of a livestock structure that was located within the setback area
prior to the effective date of the setback requirement, except that
a structure may not be expanded closer to the public road right-of-way.
(3)
Waste storage structure setback.
(a)
A new waste storage structure may not be located within 350
feet of a property line, or within 350 feet of the nearest point of
any public road right-of-way. A single new waste storage structure
may be constructed closer to the property line or public road if a
new structure is:
(b)
This setback requirement does not apply to existing waste storage
structures, except that an existing structure within 350 feet of a
property line or road may not expand toward that property line or
road.
G.
Water-quality-related setbacks.
(1)
Navigable waters and wetlands. A livestock facility shall comply
with setback and related requirements in any applicable shoreland
or wetland zoning ordinances enacted within the scope of authority
granted under § 59.692, 61.351 or 62.231, Wis. Stats.
(2)
Floodplain. A livestock facility shall comply with setback and
related requirements in any applicable floodplain zoning ordinance
that is enacted within the scope of statutory authority under § 87.30,
Wis. Stats.
(3)
Wells. All wells located within a livestock facility shall comply
with Chs. NR 811 and 812, Wis. Adm. Code. New or substantially altered
livestock structures shall be separated from existing wells by the
distances required in Chs. NR 811 and 812, Wis. Adm. Code, regardless
of whether the livestock facility operator owns the land on which
the wells are located. A livestock structure in existence on May 1,
2006, may be altered if the alteration does not reduce the distance
between the livestock structure and an existing well.
A.
Purpose. The AT Agricultural District is intended
to preserve existing agricultural uses in the intermediate term until
an orderly transition to another planned district and use is approved
by the Town Board. For this purpose, use of lands in the district
should be reviewed at least once every five years, or more often when
lands are annexed to adjacent communities or when urban services,
such as centralized sanitary sewer or centralized water supply, are
extended into the area. Lands included in this district should be
those located near incorporated or urbanized areas where the predominant
use is agricultural but where conversion to nonagricultural use is
expected to occur in the foreseeable future. Uses permitted in the
AT Agricultural District shall be consistent with those uses permitted
by § 91.75, Wis. Stats., as may be amended from time to
time.
B.
Permitted uses. Those uses permitted in the EA Exclusive
Agricultural District.
C.
Permitted accessory uses. Those accessory uses permitted
in the EA Exclusive Agricultural District.
E.
Parcel area and width. Farm parcels shall provide
a contiguous lot area of not less than 35 acres, and no farm shall
be less than 600 feet in width.
F.
Building height and area.
(1)
No farm buildings or parts of farm buildings shall
exceed 100 feet in height.
(2)
No farm dwelling or part of a farm dwelling shall
exceed 35 feet in height.
(3)
The total minimum living area of a farm dwelling or
other residential dwelling shall be 1,200 square feet with a minimum
first floor area of 800 square feet.
A.
Purpose. The A-1 Agricultural District is intended
to provide for, maintain, preserve and enhance agricultural lands
historically utilized for crop production but which are not included
within the EA Exclusive Agricultural District and which are generally
best suited for smaller farm units, including truck farming, horse
farming, hobby farming, orchards and other similar agricultural-related
activity. The district also permits the creation of large rural residential
estate-type lots.
B.
Permitted uses.
(1)
Those agricultural uses permitted in the EA Agricultural
District.
(2)
Any of the following agriculturally related uses:
(a)
Agricultural warehousing.
(b)
Egg production, provided that no more than 500
birds are maintained on parcels over 35 acres in area.
(c)
Feed lots for not more than 100 cattle, swine,
sheep or similar animals on parcels over 35 acres in area.
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
(d)
Contract sorting, grading and packaging of fruits
and vegetables.
(e)
Corn shelling, hay baling and threshing services.
(f)
Grist milling services.
(g)
Horticultural services.
(h)
Poultry hatchery services.
(3)
Parcels of 35 acres or more in area: general farm
buildings, including barns, silos, sheds, and storage bins.
[Amended 7-16-2013 by Ord. No. Z2013-07-01]
(4)
Single-family dwellings with attached or detached
garage.
(5)
Essential services.
C.
Animals.
(1)
Lots or acreage totaling less than 35 acres shall
be subject to the following, relative to the keeping and raising of
domestic stock for agribusiness, show, breeding, or other purposes:
[Amended 7-16-2013 by Ord. No. Z2013-07-01]
(a)
No more than one horse, cow, sheep or similar
animal, over six months of age, shall be kept on each 1 1/2 acres,
with a maximum number for any parcel not to exceed three animals.
(b)
No more than five chickens, ducks, or similar
poultry, over six months of age, shall be kept for each five acres.
(c)
No more than eight rabbits or hare, over two
months of age, shall be kept for each acre.
(d)
Combination of the above shall be apportioned
to the total acreage, and the Building Inspector shall determine the
total number of animals allowed.
(2)
No animals may be housed or kept in a building which
is attached or connected to a residential dwelling or attached residential
garage.
D.
Permitted accessory uses.
(1)
Supporting agricultural practices associated with
the agricultural uses listed.
(2)
Garages.
(3)
Home occupations as specified herein.
(4)
Forest and game management.
(5)
Ponds for private recreational purposes.
(6)
One roadside stand for selected farm products produced
on the premises and not exceeding 100 square feet in area.
(7)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(8)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E, regarding accessory buildings, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(13).
G.
Parcel area and width. Parcels shall be not less than
125 feet in width. Development shall occur in this district at a density
not to exceed one residential dwelling unit per 35 acres.
H.
Building height and area.
(1)
No farm building or farm-related building shall exceed
100 feet in height.
(2)
No farm dwelling or other residential dwelling shall
exceed 35 feet in height.
(3)
The total minimum living area of a farm dwelling or
other residential dwelling shall be 1,200 square feet with a minimum
first floor area of 800 square feet.
A.
Purpose. The R-1 Residential District is intended
to provide for single-family residential development at densities
not to exceed 1.09 dwelling units per net acre served by on-site sanitary
sewerage systems (septic tanks) and private wells and provide for
smaller minimum home sizes.
B.
Permitted uses.
(1)
Single-family dwellings with an attached garage, excluding
all mobile homes; for purposes of this chapter, manufactured homes
are included in the definition of "single-family dwelling."
(2)
Two-family dwellings existing at the time of adoption
of this Zoning Code.
(3)
Essential services.
(4)
Community living arrangements and day-care centers
which have a capacity for eight or fewer persons.
(5)
Uses customarily incident to any of the above uses,
provided that no such use generates traffic or noise that would create
a public or private nuisance.
C.
Permitted accessory uses.
E.
Lot area and width. Lots shall have a minimum area
of 40,000 square feet and shall be not less than 125 feet in width.
G.
Yards.
(1)
For property fronting Class B or C highways, a minimum
street yard (setback) of 75 feet from the road right-of-way shall
be required.
(2)
A minimum side yard of 25 feet on each side of the
dwelling shall be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 25 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
H.
Keeping
of chickens in R-1 Zoning.
[Added 3-21-2023 by Ord. No. Z2023.03.01]
(1)
Chicken keeping in R-1 zoning districts. Hen chickens for egg production
for personal use is allowed as an accessory use in the R-1 Single-Family
Residential Districts in accordance with the following requirements
and standards:
(a)
A maximum of five hen chickens on a lot of at least one acre
in size may be kept. Roosters are not allowed.
(b)
Chickens shall be kept in a coop which may have an adjacent
fence enclosed area. A coop shall be located in the rear yard only,
and shall not exceed 100 square feet in area and eight feet in height.
No portion of the coop or fenced area shall be closer than 25 feet
to any lot line. Applicant is responsible for determination of all
applicable lot lines. Such facilities shall not conflict with any
public or private utilities, drainageways or any easements related
thereto. Chickens must be contained within a coop or enclosed chicken
run and may not be allowed to roam at large within or beyond the property.
(c)
Slaughter of chickens for personal use only is allowed on the
property.
(d)
Chicken keeping shall be maintained in a clean, sanitary, sound
and usable condition, free of rodents, vermin and objectionable odors
or noise.
(e)
It shall be the property owner's responsibility to verify that
chicken keeping and chicken coops are permitted uses in any deed restrictions
or covenants applicable to the subject property.
(f)
Prior to establishing the use, a building permit shall be obtained
from the Building Inspector for construction of the coop and related
fencing. The application for the permit shall include a location sketch,
drawn to scale, of the coop and fencing showing property lines and
nearby structures and design information for the coop. A fee shall
be paid with submittal of the application in accord with the Town's
fee schedule. A Zoning Permit shall also be required. A building inspection
of the finished coop, coop's location, and applicable property setbacks
is required before chickens can be kept on the property.
(g)
Coops. "Coop" means a new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this section. A coop of 100 square feet or less shall not be considered an accessory building under § 380-107 of the Town Code of Ordinances. Coops shall be constructed in a workmanlike manner, be moisture resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel. Coops shall prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, and other waste daily as necessary to ensure that the coop and yard does not become a health, odor, or other nuisance.
(h)
Runs. Related fencing or chicken run means a fenced cage attached
to a coop at least 10 square feet in area per chicken and not to exceed
120 square feet in area.
(2)
Annual permit required.
(a)
Any person who keeps chickens on land in the Town which the
person owns, occupies or controls shall obtain a permit issued by
the Town Administrator Treasurer in accordance with the Official Fee
Schedule referenced by the Town Code of Ordinances. The permit is
valid January 1 through December 31. The initial permit fee and annual
renewals shall be as set forth in the official Fee Schedule of the
Town Code of Ordinances. The annual permit fee shall be paid no later
than January 31 of each year. Any fee payments not paid within 30
days of the permit required will become void and the requester will
need to reapply. Proof of current registration with the Department
of Agriculture, Trade and Consumer Protection shall be submitted with
the initial permit application and with all subsequent license renewal
applications.
(b)
Permit applications submitted by a person other than a record
title owner of the property upon which chickens will be kept shall
provide written consent of the property owner with the permit application.
(c)
Annual permit applications. Upon receipt of an original or renewal
application for the keeping of chickens, the Town Administrator or
Treasurer shall notify all residents owning property adjacent to the
applicant's property of the application being filed, asking for comments
to be submitted within 14 days. The Town Administrator shall have
authority to approve the application based on satisfaction of all
provisions of this section and shall consider reasonable comments/objections
of adjacent property owners. If all adjacent property owners object
for good reason, or if any adjacent property owner provides proof
of a chicken allergy, the Town Administrator shall deny the application
and bring the application before the Town Board for further consideration.
(3)
Sale of chicks/chickens. All chickens and eggs produced in any Town
coops in R-1 Zoning Districts are for personal use only and shall
not be sold at the residential property.
(4)
Public health requirements.
(a)
All chickens shall be kept and handled in a sanitary manner
to prevent the spread of communicable diseases among birds, animals
or to humans.
(b)
Any person keeping chickens shall immediately report any unusual
illness or death of chickens to the Wisconsin Department of Agriculture,
Trade and Consumer Protection and the Town of Trenton.
(c)
The Town may order testing, quarantine, isolation, vaccination,
or humane euthanasia of ill chickens or chickens believed to be a
carrier of a communicable disease. The owner of the chicken shall
be responsible for all costs associated with the procedures ordered
hereunder.
(5)
The keeping of chickens in the Town by any person not in compliance
with this section is prohibited. Violations shall be subject to the
penalties set forth in the official Fee Schedule of the Town Code
of Ordinances. The Town Board reserves the right to revoke any chicken
license for cause.
(6)
Effective date. This section shall be effective upon posting or publication
according to state law.
A.
Purpose. The R-2 Single-Family Residential District
(Unsewered) is intended to provided for the preservation of a rural
setting of very low density and high quality for estate or hobby farm
type of development in the area appropriate to such use.
B.
Permitted uses. The following uses are permitted in
the R-2 District:
(1)
Single-family dwellings, with a required attached
garage of 440 square feet.
(2)
Community living arrangements which have a capacity
for eight or fewer persons subject to the limitations set forth in
§ 62.23(7)(i), Wis. Stats.
(3)
The keeping and raising of domestic stock for agribusiness,
show, breeding or other purposes, provided that the total number of
animals shall be as follows:
(a)
For properties of three acres or more zoned
R-2: No more than one horse, cow, steer, sheep or similar animal,
over six months of age, shall be kept on each 1 1/2 acres, with a
maximum of three animals per five acres without a conditional use
permit. A minimum of three acres is required for the keeping of one
animal.
[Amended 3-21-2023 by Ord. No. Z2023.03.02]
(b)
For properties of three acres or more zoned R-2: No more than eight chickens, ducks or similar poultry, over two months of age, shall be kept for each three acres. For properties of at least one acre but less than three acres, keeping of hen chickens, see Subsection I.
[Amended 3-21-2023 by Ord. No. Z2023.03.02]
(c)
No more than eight rabbits or hare, over two
months of age, shall be kept for each acre. (A minimum of three acres
is required for the keeping of one animal.)
(d)
Combinations of the above shall be apportioned
to the total acreage, and the Building Inspector shall determine the
total number of animals allowed.
(4)
Essential services.
C.
Permitted accessory uses.
(1)
Private detached garages, barns, poultry houses, greenhouses, sheds, or other similar structures, such as storage sheds used for gardening and tools incidental to the residential use. (See § 380-107.)
(2)
Home occupations and professional home offices.
(3)
The keeping or raising of domestic livestock for show,
breeding, or other use incidental to the principal use of the premises.
(4)
Private residential outdoor recreational facilities.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings or structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(2).
E.
Conditional uses (as regulated by Article IV of this chapter; see §§ 380-47, 380-48 and 380-53).
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
(1)
Public, private commercial and private noncommercial
group outdoor recreational facilities.
(2)
Public and private schools.
(3)
Churches and religious institutions.
(4)
Public administrative offices and service buildings.
(5)
Private lodges and clubs.
(6)
Commercial development of historic restoration.
(7)
Bed-and-breakfast establishments which are licensed
by the State of Wisconsin.
(8)
Nursing and rest homes and homes for the aged.
(9)
Public utility offices and installations.
F.
Lot area and width. Lots shall have a minimum area
of 40,000 square feet and shall not be less than 125 feet in width.
H.
Yards.
(1)
A minimum street yard (setback) of 75 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of 25 feet on each side of the
dwelling shall be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 25 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
I.
Keeping
of chickens in R-2 Zoning.
[Added 3-21-2023 by Ord. No. Z2023.03.02]
(1)
Chicken keeping in R-2 zoning districts. Hen chickens for egg production
for personal use is allowed as an accessory use in the R-2 Single-Family
Residential Districts in accordance with the following requirements
and standards:
(a)
A maximum of five hen chickens on a lot of at least one acre
but less than two acres in size may be kept. Roosters are not allowed.
A maximum of eight hen chickens on a lot of at least two acres in
size but less than three acres in size may be kept. Roosters are not
allowed.
(b)
Chickens shall be kept in a coop which may have an adjacent
fence enclosed area. A coop shall be located in the rear yard only
and shall not exceed 100 square feet in area and eight feet in height.
No portion of the coop or fenced area shall be closer than 25 feet
to any lot line. Applicant is responsible for determination of all
applicable lot lines. Such facilities shall not conflict with any
public or private utilities, drainageways or any easements related
thereto. Chickens must be contained within a coop or enclosed chicken
run and may not be allowed to roam at large within or beyond the property.
(c)
Slaughter of chickens for personal use only is allowed on the
property.
(d)
Chicken keeping shall be maintained in a clean, sanitary, sound
and usable condition, free of rodents, vermin and objectionable odors
or noise.
(e)
It shall be the property owner's responsibility to verify that
chicken keeping and chicken coops are permitted uses in any deed restrictions
or covenants applicable to the subject property.
(f)
Prior to establishing the use, a building permit shall be obtained
from the Building Inspector for construction of the coop and related
fencing. The application for the permit shall include a location sketch,
drawn to scale, of the coop and fencing showing property lines and
nearby structures and design information for the coop. A fee shall
be paid with submittal of the application in accord with the Town's
fee schedule. A zoning permit shall also be required. A building inspection
of the finished coop, coop's location, and applicable property setbacks
is required before chickens can be kept on the property.
(g)
Coops. "Coop" means a new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this section. A coop of 100 square feet or less shall not be considered an accessory building under § 380-107 of the Town Code of Ordinances. Coops shall be constructed in a workmanlike manner, be moisture resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel. Coops shall prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, and other waste daily as necessary to ensure that the coop and yard does not become a health, odor, or other nuisance.
(h)
Runs. Related fencing or chicken run means a fenced cage attached
to a coop at least 10 square feet in area per chicken and not to exceed
120 square feet in area.
(2)
Annual permit required.
(a)
Any person who keeps chickens on land in the Town which the
person owns, occupies or controls shall obtain a permit issued by
the Town Administrator Treasurer in accordance with the Official Fee
Schedule referenced by the Town Code of Ordinances. The permit is
valid January 1 through December 31. The initial permit fee and annual
renewals shall be as set forth in the official Fee Schedule of the
Town Code of Ordinances. The annual permit fee shall be paid no later
than January 31 of each year. Any fee payments not paid within 30
days of the permit required will become void and the requester will
need to reapply. Proof of current registration with the Department
of Agriculture, Trade and Consumer Protection shall be submitted with
the initial permit application and with all subsequent license renewal
applications.
(b)
Permit applications submitted by a person other than a record
title owner of the property upon which chickens will be kept shall
provide written consent of the property owner with the permit application.
(c)
Annual permit applications. Upon receipt of an original or renewal
application for the keeping of chickens, the Town Administrator or
Treasurer shall notify all residents owning property adjacent to the
applicant's property of the application being filed, asking for comments
to be submitted within 14 days. The Town Administrator shall have
authority to approve the application based on satisfaction of all
provisions of this section and shall consider reasonable comments/objections
of adjacent property owners. If all adjacent property owners object
for good reason, or if any adjacent property owner provides proof
of a chicken allergy, the Town Administrator shall deny the application
and bring the application before the Town Board for further consideration.
(3)
Sale of chicks/chickens. All chickens and eggs produced in any Town
coops in R-2 Zoning Districts are for personal use only and shall
not be sold at the residential property.
(4)
Public health requirements.
(a)
All chickens shall be kept and handled in a sanitary manner
to prevent the spread of communicable diseases among birds, animals
or to humans.
(b)
Any person keeping chickens shall immediately report any unusual
illness or death of chickens to the Wisconsin Department of Agriculture,
Trade and Consumer Protection and the Town of Trenton.
(c)
The Town may order testing, quarantine, isolation, vaccination,
or humane euthanasia of ill chickens or chickens believed to be a
carrier of a communicable disease. The owner of the chicken shall
be responsible for all costs associated with the procedures ordered
hereunder.
(5)
The keeping of chickens in the Town by any person not in compliance
with this section is prohibited. Violations shall be subject to the
penalties set forth in the official Fee Schedule of the Town Code
of Ordinances. The Town Board reserves the right to revoke any chicken
license for cause.
(6)
Effective date. This section shall be effective upon posting or publication
according to state law.
A.
Purpose. The R-3 Rural Residential District is intended
to provide for single-family residential development, at densities
not to exceed 0.33 dwelling unit per net acre, served by on-site soil
absorption sanitary sewerage systems (septic tanks) and private wells.
B.
Permitted uses.
(1)
Single-family dwellings with an attached garage, excluding
all mobile homes; for purposes of this chapter, manufactured homes
are included in the definition of "single-family dwelling."
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
(2)
The keeping and raising on domestic stock for agribusiness,
show, breeding or other purposes, provided that the total number of
animals shall be as follows:
(a)
No more than one horse, cow, sheep or similar
animal, over six months of age, shall be kept on each 1 1/2 acres.
(b)
No more than five chickens, ducks or similar
poultry, over two months of age, shall be kept for each acre.
(c)
No more than eight rabbits or hare, over two
months of age, shall be kept for each acre.
(d)
Combinations of the above shall be apportioned
to the total acreage, and the Building Inspector shall determine the
total number of animals allowed.
(3)
Essential services.
(4)
Community living arrangements and day-care centers
which have a capacity for eight or fewer persons.
(5)
Uses customarily incident to any of the above uses,
provided that no such use generates traffic or noise that would create
a public or private nuisance.
C.
Permitted accessory uses.
(1)
Private detached garages of up to 1,000 square feet.
[Amended 3-21-2006]
(2)
Gardening, tool and storage sheds incidental to the
residential use.
(3)
Home occupations and professional home offices.
(4)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(3).
F.
Lot area and width. Lots shall have a minimum area
of three acres and shall be not less than 300 feet in width.
H.
Yards.
(1)
A minimum street yard (setback) of 75 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of 25 feet on each side of the
dwelling shall be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 25 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
A.
Purpose. The R-4 Residential District is intended
to provide for single-family residential development at densities
not to exceed 2.18 dwelling units per net acre served by public sanitary
sewerage facilities.
B.
Permitted uses.
(1)
Single-family dwellings with an attached garage, excluding
all mobile homes; for purposes of this chapter, manufactured homes
are included in the definition of "single-family dwelling."
(2)
Essential services.
(3)
Community living arrangements and day-care centers
which have a capacity for eight or fewer persons.
(4)
Uses customarily incident to any of the above uses,
provided that no such use generates traffic or noise that would create
a public or private nuisance.
C.
Permitted accessory uses.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(4).
F.
Lot area and width. Lots shall have a minimum area
of 20,000 square feet and shall not be less than 100 feet in width.
H.
Yards.
(1)
A minimum street yard (setback) of 40 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of 10 feet on each side of the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 25 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
A.
Purpose. The R-5 Residential District is intended
to provide for single-family residential development at densities
not to exceed 3.6 dwelling units per net acre served by public sanitary
sewerage facilities.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(5).
F.
Lot area and width. Lots shall have a minimum area
of 7,000 square feet and shall be not less than 50 feet in width.
[Amended 3-19-2019 by Ord. No. Z2019-02-01]
H.
Yards.
(1)
A minimum street yard (setback) of 25 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of five feet on each side of the dwelling shall
be required on lots with lake frontage. A minimum side yard of 10
feet on each side of the dwelling shall be required on lots without
lake frontage.
[Amended 3-19-2019 by Ord. No. Z2019-02-01; 3-15-2022 by Ord. No. Z2022-03-01; 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 25 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
A.
Purpose. The R-6 Residential District is intended
to provide for existing unsewered two-family residential development
at densities not to exceed 1.45 dwelling units per net acre served
by on-site sanitary sewerage systems (septic tanks) and private wells.
This district is not intended for new unsewered subdivisions but may
be used to infill existing two-family areas. No lands shall be zoned
in this district after April 1, 1986.
C.
Permitted accessory uses.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(6).
F.
Lot area and width. Lots shall have a minimum area
of 60,000 square feet and shall be not less than 175 feet in width.
G.
Building height and area.
H.
Yards.
(1)
A minimum street yard (setback) of 50 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of 25 feet on each side of the
dwelling shall be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 25 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
A.
Purpose. The R-7 Residential District is intended
to provide for two-family residential development at densities not
to exceed 4.36 dwelling units per net acre serviced by public sanitary
sewerage facilities.
C.
Permitted accessory uses.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(7).
F.
Lot area and width. Lots shall have a minimum area
of 20,000 square feet and shall be not less than 100 feet in width.
G.
Building height and area.
H.
Yards.
(1)
A minimum street yard (setback) of 25 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of 10 feet on each side of the
dwelling shall be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 30 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
A.
Purpose. The purpose of the R-8 Multiple-Family District
is to provide the opportunity for construction and maintenance of
multiple-family dwelling units on unsewered lots at varying dwelling
units per acre densities.
C.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Professional home offices.
(3)
Planned residential developments.
(4)
Golf courses and private clubs.
(5)
Utilities.
(6)
Schools and churches.
(7)
Government, cultural, and public uses, such as fire
and police stations, community centers, libraries, public emergency
shelters and museums.
(8)
Home occupations.
(9)
Nursery schools.
(10)
Day-care centers (state licensed).
A.
Purpose. The B-1 Business District is intended to
provide for small groups of retail and customer-service establishments
in a shopping center setting serving the residents of the Town and
the character, appearance and operation of which are compatible with
the character of the surrounding area. No such district shall be less
than two acres in area.
B.
Permitted uses.
|
Antique and collectors' stores (subject to the
conditional use provisions of § 380-49J if applicable)
| |
|
Appliance stores
| |
|
Art gallery (subject to the conditional use
provisions of § 380-49J if applicable)
| |
|
Bakeries
| |
|
Banks, credit unions and savings and loan associations
| |
|
Barbershops and beauty shops
| |
|
Bookstores (subject to the conditional use provisions
of § 380-49J if applicable)
| |
|
Bowling alleys
| |
|
Broadcast studios without transmission or receiving
towers
| |
|
Business offices
| |
|
Camera and photographic supply stores (subject
to the conditional use provisions of § 380-49J if applicable)
| |
|
Clothing stores
| |
|
Cocktail lounges (subject to the conditional
use provisions of § 380-49J if applicable)
| |
|
Confectioneries
| |
|
Delicatessens
| |
|
Dental clinics
| |
|
Department stores
| |
|
Drugstores
| |
|
Fish markets
| |
|
Florists
| |
|
Fruit stores
| |
|
Furriers and fur apparel
| |
|
Gift stores (subject to the conditional use
provisions of § 380-49J if applicable)
| |
|
Grocery stores
| |
|
Hardware stores
| |
|
Hobby and craft shops (subject to the conditional
use provisions of § 380-49J if applicable)
| |
|
Home furnishings
| |
|
Insurance and real estate offices
| |
|
Janitorial supplies
| |
|
Jewelry stores
| |
|
Law offices
| |
|
Lodges and clubs (subject to the conditional
use provisions of § 380-49J if applicable)
| |
|
Meat markets
| |
|
Medical clinics
| |
|
Newspaper and magazine stores (subject to the
conditional use provisions of § 380-49J if applicable)
| |
|
Office supplies and business machine stores
| |
|
Optical stores
| |
|
Packaged beverage stores
| |
|
Paint, glass and wallpaper stores
| |
|
Plumbing and heating supplies
| |
|
Publishing houses
| |
|
Restaurants (subject to the conditional use
provisions of § 380-49J if applicable)
| |
|
Self-service laundries and dry-cleaning establishments
| |
|
Shoe stores and leather goods stores
| |
|
Soda fountains
| |
|
Sporting goods stores
| |
|
Taxidermy
| |
|
Theaters
| |
|
Tobacco shops
| |
|
Travel agencies
| |
|
Variety stores
| |
|
Vegetable stores
|
C.
Permitted accessory uses.
(1)
Garages for storage of vehicles used in conjunction
with the operation of a business.
(2)
Off-street parking and loading areas.
(3)
Residential quarters for the owner or proprietor,
located in the same building as the business.
(4)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(5)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
Lot area and width.
(1)
Local business shopping centers or districts shall
contain a minimum of two acres and shall be not less than 200 feet
in width.
(2)
Individual business sites in the B-1 Business District
shall provide sufficient area for the principal building and its accessory
buildings, off-street parking and loading areas, required yards and
appropriate sanitary facilities.
H.
Plans and specifications to be submitted to Plan Commission.
To encourage a business environment that is compatible with the residential
character of the Town, zoning permits for permitted uses in business
districts shall not be issued without review and approval of the Town
of Trenton Plan Commission. Said review and approval shall be concerned
with general layout, building plans, ingress, egress, parking, loading
and unloading and landscape plans.
A.
Purpose. The B-2 Business District is intended to
provide for the orderly and attractive development at appropriate
locations along principal highway routes of those businesses and customer
services which are logically related to and dependent upon highway
traffic or which are specifically designed to serve the needs of such
traffic.
C.
Permitted accessory uses.
(1)
Accessory garages for storage of vehicles used in
conjunction with the operation of the business or for occupants of
the premises.
(2)
Off-street parking and loading areas.
(3)
Residential quarters for the owner, proprietor, commercial
tenant, employee or caretaker as a secondary use.
(4)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(5)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
Lot area and width. Lots shall have a minimum area
of 40,000 square feet and shall be not less than 125 feet in width.
F.
Building height.
(1)
No principal building or part of a principal building
shall exceed 35 feet in height.
(2)
Accessory dwellings located within the business structures
in the B-2 District shall provide a living area of not less than 700
square feet. An accessory dwelling located on a business parcel that
is not within the business structure shall provide a living area of
not less than 1,000 square feet and shall not exceed 35 feet in height.
H.
Plans and specifications to be submitted to Plan Commission.
To encourage a business environment that is compatible with the residential
character of the Town, zoning permits for permitted uses in business
districts shall not be issued without review and approval of the Town
of Trenton Plan Commission. Said review and approval shall be concerned
with general layout, building plans, ingress, egress, parking, loading
and unloading and landscape plans.
A.
Purpose. The M-1 Industrial District is intended to
provide for the orderly development of manufacturing or industrial
operations which, on the basis of actual physical and operational
characteristics, would not be detrimental to the surrounding area
or to the Town as a whole by reason of smoke, noise, dust, odor, traffic,
physical appearance or other similar factors, and to establish such
regulatory controls as will reasonably ensure compatibility with the
surrounding area in this respect. Uses which are generally perceived
as being of a nuisance nature or considered to be a hazard to human
life should not be permitted as a matter of right but permitted only
as conditional uses after careful study and review. Listed conditional
uses should not normally abut directly upon residential districts.
B.
Permitted uses.
[Amended 2-1-2007 by Ord.
No. 2-1-2007; 7-21-2020 by Ord. No. Z2020-07-02]
|
Automotive body repair
|
|
Automotive upholstery
|
|
Cleaning, pressing and dyeing
|
|
Commercial bakeries
|
|
Commercial greenhouses
|
|
Cosmetic manufacturing
|
|
Distributors
|
|
Electrical appliances manufacturing
|
|
Electronic devices manufacturing
|
|
Farm machinery sales and repair
|
|
Food locker plants
|
|
Glass manufacturing
|
|
Jewelry manufacturing
|
|
Instrument manufacturing
|
|
Laboratories
|
|
Leather fabrication, not including tanning
|
|
Machine shops
|
|
Manufacture and bottling of nonalcoholic beverage
|
|
Mini warehousing
|
|
Packaging and packing of confections
|
|
Packaging and assembly of products made from
fur
|
|
Painting
|
|
Pharmaceutical processing
|
|
Printing and publishing
|
|
Storage and sale of machinery and equipment
|
|
Tobacco and toiletries
|
|
Trucking
|
|
Warehousing
|
|
Wholesaling
|
C.
Permitted accessory uses.
(1)
Garages and yards for storage of vehicles used in
conjunction with the operation of an industry.
(2)
Off-street parking and loading areas.
(3)
Office, storage, power supply and other uses normally
auxiliary to the principal industrial operations.
(4)
Residential quarters for the owner or caretaker in
a separate building not housing the industrial use.
(5)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(6)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
Lot area and width. Lots shall have a minimum of 40,000
square feet in area and shall not be less than 125 feet in width.
H.
Plans and specifications to be submitted to Plan Commission.
To encourage an industrial use environment that is compatible with
the residential character of the Town, zoning permits for permitted
uses in industrial districts shall not be issued without review and
approval of the Town Plan Commission. Said review and approval shall
be concerned with general layout, building plans, ingress, egress,
parking, loading and unloading and landscape plans.
A.
Purpose. The I-1 Rural Institutional District is intended
to eliminate the ambiguity of maintaining, in unrelated use districts,
areas which are under public or public-related ownership and where
the use for public purpose is anticipated to be permanent. I-1 institutional
uses are served by on-site sanitary sewerage systems (septic tanks)
and private wells.
B.
Permitted uses.
(1)
Public or private schools, colleges and universities.
(2)
Churches.
(3)
Funeral homes.
(4)
Hospitals, sanitoriums, nursing homes and clinics.
(5)
Libraries, community centers, museums and public art
galleries.
(6)
Public administrative offices and public service buildings,
including fire and police stations.
(7)
Public utility offices.
(8)
Day care.
[Added 11-19-2019 by Ord.
No. Z2019-11-02]
C.
Permitted accessory uses.
(1)
Residential quarters for caretakers or clergy.
(2)
Garages for storage of vehicles used in conjunction
with the operation of a permitted use.
(3)
Service buildings and facilities normally accessory
to the permitted use.
(4)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(5)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
Lot area and width. Lots shall be a minimum area of
40,000 square feet and shall not be less than 125 feet in width.
H.
Plans and specifications to be submitted to the Plan
Commission. To encourage an institutional use environment that is
compatible with the residential character of the Town, zoning permits
for permitted uses in the Institutional District shall not be issued
without review and approval of the Town of Trenton Plan Commission.
Said review and approval shall be concerned with general layout, building
plans, ingress, egress, parking, loading and unloading and landscape
plans.
A.
Purpose. The I-2 Institutional District is intended
to eliminate the ambiguity of maintaining, in unrelated use districts,
areas which are under public or public-related ownership and where
the use for public purpose is anticipated to be permanent. I-2 institutional
uses are served by public sanitary sewerage facilities.
B.
Permitted uses.
(1)
Public or private schools, colleges and universities.
(2)
Churches.
(3)
Funeral homes.
(4)
Hospitals, sanitoriums, nursing homes and clinics.
(5)
Libraries, community centers, museums and public art
galleries.
(6)
Public administrative offices and public service buildings,
including fire and police stations.
(7)
Public utility offices.
C.
Permitted accessory uses.
(1)
Residential quarters for caretakers or clergy.
(2)
Garages for storage of vehicles used in conjunction
with the operation of a permitted use.
(3)
Service buildings and facilities normally accessory
to the permitted use.
(4)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(5)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
Lot area and width. Lots shall be a minimum area of
12,000 square feet and shall not be less than 75 feet in width.
H.
Plans and specifications to be submitted to Plan Commission.
To encourage an institutional use environment that is compatible with
the residential character of the Town, zoning permits for permitted
uses in the Institutional District shall not be issued without review
and approval of the Town of Trenton Plan Commission. Said review and
approval shall be concerned with general layout, building plans, ingress,
egress, parking, loading and unloading and landscape plans.
A.
Purpose. The P-1 Park District is intended to provide
for areas where open space and recreational needs, both public and
private, can be met without undue disturbance of natural resources
and adjacent uses.
B.
Permitted uses. Hours of operation are restricted
to 7:00 a.m. to 10:00 p.m.
[Amended 1-20-2015 by Ord. No. Z2015-01-01]
C.
Permitted accessory uses.
(1)
Buildings accessory to the permitted use.
(2)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(3)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
E.
Building height. No building or part of a building
shall exceed 35 feet in height.
G.
Plans and specifications to be submitted to Plan Commission.
To encourage a recreational-use environment that is compatible with
the residential character of the Town, zoning permits for permitted
uses in the Park District shall not be issued without review and approval
of the Town of Trenton Plan Commission. Said review and approval shall
be concerned with general layout, building plans, ingress, egress,
parking, loading and unloading and landscape plans. Municipally owned
facilities shall be exempt from site plan review.
A.
Purpose. The PDO Planned Development District is intended
to permit developments that will, over a period of time, be enhanced
by coordinated area site planning, diversified location of structures,
diversified building types and/or mixing of compatible uses. Such
developments are intended to provide a safe and efficient system for
pedestrian and vehicle traffic, to provide attractive recreation and
open spaces as integral parts of the developments, to enable economic
design in the location of public and private utilities and community
facilities, and to ensure adequate standards of construction and planning.
The PDO Overlay District under this Zoning Code will allow for flexibility
of overall development design with benefits from such design flexibility
intended to be derived by both the developer and the community, while
at the same time maintaining insofar as possible the land use density
and other standards or use requirements set forth in the underlying
basic zoning district. The unified and planned development of a site
in a single or corporate ownership or control or in common ownership
under the Unit Ownership Act set forth in Ch. 703, Wis. Stats. (condominiums),
may be permitted by the Town upon specific petition under this section
of the Zoning Code and after public hearing, with such development
encompassing one or more principal uses or structures and related
accessory uses or structures when all regulations and standards are
set forth in this section of the Zoning Code have been met.
B.
Application of district; private roads.
(1)
The PDO District may be used for development in any
district except the EA Exclusive Agricultural District, AT Agricultural
Transition District, A-1 Agricultural District and the R-3 Residential
District.
(2)
The Town Board, following a recommendation from the
Plan Commission, may allow the use of private roads/streets when a
PDO District is used as an overlay in an R-2 Residential District.
The applicant shall file documentation demonstrating adequate means
to ensure long-term maintenance of the private road. The use of private
roads, and the design thereof, shall be subject to the approval of
the Town Board.
C.
Permitted uses. Uses permitted in a planned development
overlay district shall conform to uses generally permitted in the
underlying basic use district. Individual structures shall comply
with the specific building area and height requirements of the underlying
basic use district. All open space and parking requirements of the
underlying basic use district shall be complied with either individually
or by providing the combined open space and parking space required
for the entire development in one or more locations within the development.
D.
Minimum area requirements. Areas designated as planned
development overlay districts shall be under single or corporate ownership
or control and shall contain a minimum development area as follows:
|
Principal Uses
|
Minimum Area of PDO
(acres)
| |
|---|---|---|
|
Residential PDO
|
5
| |
|
Commercial PDO
|
5
| |
|
Industrial PDO
|
20
| |
|
Mixed compatible use
|
20
|
E.
Procedural requirements.
(1)
Pre-petition conference. Prior to the official submission
of the petition for the approval of a planned development overlay
district, the owner or his agent making such petition shall meet with
the Town Plan Commission or its staff to discuss the scope and proposed
nature of the contemplated development.
(2)
Petition. Following the pre-petition conference, the
owner or his/her agent may file a petition with the Town Clerk for
approval of a planned development overlay district. Such petition
shall be accompanied by a review fee and the following information:
(a)
A statement which sets forth the relationship
of the proposed PDO to the Town's adopted Comprehensive Plan, or any
adopted component thereof, and the general character of and the uses
to be included in the proposed PDO, including the following information:
[1]
Total area to be included in the PDO, area of
open space, residential density computations, proposed number of dwelling
units, population analysis, availability of or requirements for municipal
services and any other similar data pertinent to a comprehensive evaluation
of the proposed development.
[2]
A general summary of the estimated value of
structures and site improvement costs, including landscaping and special
features.
[3]
A general outline of the organizational structure
of a property owners' or management association which may be proposed
to be established for the purpose of providing any necessary private
services.
[4]
Any proposed departures from the standards of
development as set forth in the Town zoning regulations, other Town
regulations or administrative rules or other universal guidelines.
[5]
The expected date of commencement of physical
development as set forth in the proposal.
(b)
A general development plan, including:
[1]
A legal description of the boundaries of the
subject property included in the proposed PDO and its relationship
to surrounding properties.
[2]
The location of existing and proposed public
and private roads, existing and proposed driveways and existing and
proposed parking facilities.
[3]
The size, arrangement and location of any individual
building sites and proposed building groups on each individual site.
[4]
The location of institutional, recreational
and open space areas and areas reserved or dedicated for public uses,
including schools, parks and drainageways.
[5]
The type, size and location of all structures.
[6]
General landscape treatment.
[7]
Architectural plans, elevation and perspective
drawings and sketches illustrating the design and character of proposed
structures.
[8]
The existing and proposed locations of public
sanitary sewer and water supply facilities.
[9]
The existing and proposed location of all private
utilities or other easements.
[10]
Characteristics of soils related to contemplated
specific uses.
[11]
Existing topography on the site with contours
at no grater than two-foot intervals.
[12]
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
(3)
Referral to Plan Commission. The petition for a planned
development overlay district shall be referred to the Town Plan Commission
for its review and recommendation, including any additional conditions
or restrictions which it may deem necessary or appropriate.
(4)
Public hearing. The Town Plan Commission and the Town Board shall hold a joint public hearing pursuant to the requirements of Article XII of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned development overlay district. As soon as is practical following the hearing, the Plan Commission shall report its findings and recommendations to the Town Board.
F.
Basis for approval of the petition.
(1)
The Town Plan Commission, in making its recommendation,
and the Town Board, in making its determination, shall consider that:
(a)
The petitioners for the proposed planned development
overlay district have indicated that they intend to begin the physical
development of the PDO within nine months following the approval of
the petition and that the development will be carried out according
to a reasonable construction schedule satisfactory to the Town.
(b)
The proposed planned development overlay district
is consistent in all respects with the purpose of this section and
with the spirit and intent of this Zoning Code and is in conformity
with the adopted Comprehensive Plan or any adopted component thereof
and that the development would not be contrary to the general welfare
and economic prosperity of the community.
(2)
The Town Plan Commission, in making its recommendations,
and the Town Board, in making its determination, shall further find
that:
(a)
The proposed site shall be provided with adequate
drainage facilities for surface and storm waters.
(b)
The proposed site shall be accessible from public
roads that are adequate to carry the traffic that can be expected
to be generated by the proposed development.
(c)
No undue constraint or burden will be imposed
on public services and facilities, such as fire and police protection,
street maintenance and maintenance of public areas, by the proposed
development.
(d)
The streets and driveways on the site of the
proposed development shall be adequate to serve the residents of the
proposed development and shall meet the minimum standards of all applicable
ordinances or administrative regulations of the Town.
(e)
Adequate water and sewer facilities shall be
provided.
(f)
The entire tract or parcel of land to be included
in a planned development overlay district shall be held under single
ownership or, if there is more than one owner, the petition for such
planned development overlay district shall be considered as one tract,
lot or parcel, and the legal description must define said PDO as a
single parcel, lot or tract and be so recorded with the Register of
Deeds for Washington County.
(3)
In the case of a proposed residential planned development
overlay district:
(a)
Such development will create an attractive residential
environment of sustained desirability and economic stability, including
structures in relation to terrain, consideration of safe pedestrian
flow, ready access to recreation space and coordination with overall
plans for the community.
(b)
The total net density within the planned development
overlay district will be compatible with and not exceed the average
intensity and density of development permitted in the underlying basic
use district.
(c)
Provision has been made for the installation
of adequate public facilities and the continuing maintenance and operation
of such facilities. Residential PDO developments containing more than
two dwelling units per structure shall be served by public sanitary
sewerage facilities.
(d)
Adequate continuing fire and police protection
is available.
(e)
The population composition of the development
will not have an adverse effect upon the community's capacity to provide
needed school or other municipal service facilities.
(f)
Adequate guarantee is provided for permanent
preservation of open space areas as shown on the approved site plan
either by private reservation and maintenance or by dedication to
the public.
(4)
In the case of a proposed commercial planned development
overlay district:
(a)
The proposed development will be adequately
served by off-street parking and truck service facilities.
(b)
The proposed development shall be adequately
provided with and shall not impose any undue burden on public services
and facilities, such as fire and police protection, street maintenance
and maintenance of public areas.
(c)
The locations for entrances and exits have been
designated to prevent unnecessary interference with the safe and efficient
movement of traffic on surrounding streets and the development will
not create an adverse effect upon the general traffic pattern of the
surrounding neighborhood.
(d)
The architectural design, landscaping, control
of lighting and general site development will result in an attractive
and harmonious service area compatible with and not adversely affecting
the property values of the surrounding neighborhood.
(5)
In the case of a proposed industrial planned development
overlay district:
(a)
The operational character, physical plant arrangement
and architectural design of buildings will be compatible with the
latest in performance standards and industrial development design
and will not result in adverse effect upon the property values of
the surrounding neighborhood.
(b)
The proposed development shall be adequately
provided with and shall not impose any undue burden on public services
and facilities, such as fire and police protection, street maintenance
and maintenance of public areas.
(c)
The proposed development will include adequate
provisions for off-street parking and truck service areas and will
be adequately served by rail and/or arterial highway facilities.
(d)
The proposed development is properly related
to the total transportation system of the community and will not result
in an adverse effect on the safety and efficiency of the public streets.
(6)
In the case of mixed-use planned development overlay
district:
(a)
The proposed mixture of uses produces a unified
composite which is compatible within the underlying districts and
which, as a total development entity, is compatible with the surrounding
neighborhood.
(b)
The various types of uses conform to the general
requirements as hereinbefore set forth applicable to projects of such
use and character.
(c)
The proposed development shall be adequately
provided with and shall not impose any undue burden on public services
and facilities, such as fire and police protection, street maintenance
and maintenance of public areas.
G.
Determination. The Town Board, after due consideration,
may deny the petition, approve the petition as submitted or approve
the petition subject to additional conditions and restrictions. The
approval of a planned development overlay district shall be based
upon and include as conditions thereto the building, site and operational
plans for the development as approved by the Town Board.
H.
Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Town Plan Commission, and if, in the opinion of the Town Plan Commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Town Plan Commission shall be required and notice thereof shall be given pursuant to the provisions of Article XII of this chapter, and said proposed alterations shall be submitted to the Town Board for approval.
I.
Subsequent land division. The division of any land
or lands within a planned development overlay district for the purpose
of change or conveyance of ownership shall be accomplished pursuant
to the land division regulations of the Town, and when such division
is contemplated, a preliminary plat of the lands to be divided shall
accompany the petition for PDO approval.[1]
A.
Purpose. The CES Country Estate District is intended
to provide for the preservation of a rural setting of very low density
and high quality for estate or gentleman's farm type of development
in areas where the physical and environmental character of the land
and of existing development in the area is appropriate to such use.
B.
Permitted uses.
(1)
Single-family dwellings with an attached garage.
(2)
The keeping and raising of domestic stock for agribusiness,
show, breeding or other purposes, provided that the total number of
animals shall be as follows:
(a)
No more than one horse, cow, sheep or similar
animal, over six months of age, shall be kept on each 1 1/2 acres
or a maximum of 1 1/2 animals per five acres without a conditional
use permit.
(b)
No more than five chickens, ducks or similar
poultry, over two months of age, shall be kept for each five acres
or a maximum of five per five acres without a conditional use permit.
(c)
No more than eight rabbits or hare, over two
months of age, shall be kept for each acre.
(d)
Combinations of the above shall be apportioned
to the total acreage, and the Building Inspector shall determine the
total number of animals allowed.
(3)
Essential services.
C.
Permitted accessory uses.
(1)
Private detached garages, stables, barns, poultry
houses, greenhouses, sheds, or other similar structures such as storage
sheds used for gardening and tools incidental to the residential use.
(2)
Home occupations and professional home offices.
(3)
The keeping or raising of domestic livestock for show,
breeding, or other use incidental to the principal use of the premises.
(4)
Private residential outdoor recreational facilities.
(5)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted, a registered professional engineer shall certify
that the structure is adequate to support the load.
(6)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(9), (10), and (11).
E.
Conditional uses (as regulated by Article IV of this chapter).
(1)
Public, private commercial and private noncommercial
group outdoor recreational facilities.
(2)
Public and private schools.
(3)
Churches and religious institutions.
(4)
Public administrative offices and service buildings.
(5)
Private lodges and clubs.
(6)
Commercial development of historic restoration.
(7)
Bed-and-breakfast establishments which are licensed
by the State of Wisconsin.
(8)
Nursing and rest homes and homes for the aged.
(9)
Public utility offices and installations.
(10)
Commercial riding stables.
F.
Lot area and width. Lots shall have a minimum area
of 10 acres and shall not be less than 250 feet in width at the building
setback line.
H.
Yards.
(1)
A minimum street yard (setback) of 100 feet from the
road right-of-way shall be required.
(2)
There shall be a side yard of not less than 30 feet
in width on each side of all structures, except that lots fronting
on a cul-de-sac shall have a minimum side yard of 15 feet in width
on each side of all structures.
(3)
There shall be a rear yard of not less than 30 feet.
A.
Purpose. The CES-5 Country Estate District is intended
to provide for a single-family residential development in a farmette
or estate-type setting, at densities not to exceed one dwelling unit,
served by private sewer and water facilities.
B.
Permitted uses. The following uses are permitted in
the CES-5 District:
(1)
Single-family dwellings with an attached garage. The
garage shall be a minimum 600 square feet in area.
(2)
Community living arrangements which have a capacity
for eight or fewer persons subject to the limitations set forth in
§ 62.23(7)(i), Wis. Stats.
(3)
The keeping and raising of domestic stock for agribusiness,
show, breeding or other purposes, provided that the total number of
animals shall be as follows:
(a)
No more than one horse, cow, sheep or similar
animal, over six months of age, shall be kept on each 1 1/2 acres,
with a maximum of three animals per five acres without a conditional
use permit. (A minimum of three acres is required for the keeping
of one animal.)
(b)
No more than five chickens, ducks or similar
poultry, over six months of age, shall be kept for each acre, with
a maximum of five per acre without a conditional use permit. (A minimum
of three acres is required for the keeping of one such fowl.) Poultry
must be kept in an enclosed coop at all times. The coop must be placed
a minimum of 35 feet from the side and rear yard lot lines. The coop
cannot be placed in the front yard of the residence.
[Amended 2-19-2021 by Ord. No. 2021.02.02]
(c)
No more than eight rabbits or hare, over two
months of age, shall be kept for each acre. (A minimum of three acres
is required for the keeping of one animal.)
(d)
Combinations of the above shall be apportioned
to the total acreage, and the Building Inspector shall determine the
total number of animals allowed.
(4)
Essential services.
C.
Permitted accessory uses.
(1)
Private detached garages, stables, barns, poultry
houses, greenhouses, sheds, or other similar structures such as storage
sheds used for gardening and tools incidental to the residential use.
(2)
Home occupations and professional home offices.
(3)
The keeping or raising of domestic livestock for show,
breeding, or other use incidental to the principal use of the premises.
(4)
Private residential outdoor recreational facilities.
(5)
Roof-mounted solar collectors (over three feet in
diameter), provided that a registered professional engineer shall
certify that the structure is adequate to support the load.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(10).
E.
Conditional uses (as regulated by Article IV of this chapter; see §§ 380-47, 380-48, 380-50 and 380-53).
(1)
Public, private commercial and private noncommercial
group outdoor recreational facilities.
(2)
Public and private schools.
(3)
Churches and religious institutions.
(4)
Public administrative offices and service buildings.
(5)
Private lodges and clubs.
(6)
Commercial development of historic restoration.
(7)
Bed-and-breakfast establishments which are licensed
by the State of Wisconsin.
(8)
Nursing and rest homes and homes for the aged.
(9)
Public utility offices and installations.
F.
Lot area and width. Lots shall have a minimum area
of five acres and shall not be less than 250 feet in width at the
building setback line.
H.
Yards.
(1)
A minimum street yard (setback) of 100 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of 30 feet on each side of the
dwelling shall be required, except that on lots fronting a cul-de-sac,
a minimum side yard of 25 feet on each side of the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 30 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
A.
Purpose. The CES-10 Country Estates District is intended
to provide for the preservation of a rural setting of very low density
and high quality for estate or hobby farm type of development in areas
where the physical and environmental character of the land and of
existing development in the area is appropriate to such use.
B.
Permitted uses. The following uses are permitted in
the CES-10 District (see Appendix for acreage and square footage scale):
(1)
Single-family dwellings with an attached garage; the
required garage containing a minimum of 600 square feet in area.
(2)
Community living arrangements which have a capacity
for eight or fewer persons subject to the limitations set forth in
§ 62.23(7)(i), Wis. Stats.
(3)
The keeping and raising of domestic stock for agribusiness,
show, breeding or other purposes, provided that the total number of
animals shall be as follows:
(a)
No more than one horse, cow, sheep or similar
animals, over six months of age, shall be kept on each 1 1/2 acres,
with a maximum of 1 1/2 animals per five acres without a conditional
use permit.
(b)
No more than five chickens, ducks or similar
poultry, over six months of age, shall be kept for each acre, with
a maximum of five per acre without a conditional use permit. Poultry
must be kept in an enclosed coop at all times. The coop must be placed
a minimum of 35 feet from the side and rear yard lot lines. The coop
cannot be placed in the front yard of the residence.
[Amended 2-19-2021 by Ord. No. 2021.02.02]
(c)
No more than eight rabbits or hare, over two
months of age, shall be kept for each acre.
(d)
Combinations of the above shall be apportioned
to the total acreage, and the Building Inspector shall determine the
total number of animals allowed.
(4)
Essential services.
C.
Permitted accessory uses.
(1)
Private detached garages, stables, barns, poultry
houses, greenhouses, sheds, or other similar structures such as storage
sheds used for gardening and tools incidental to the residential use.
(2)
Home occupations and professional home offices.
(3)
The keeping or raising of domestic livestock for show,
breeding, or other use incidental to the principal use of the premises.
(4)
Private residential outdoor recreational facilities.
(5)
Satellite dish antennas located on the roof of the
principal structure or in the rear yard. Where the satellite dish
is roof-mounted (over three feet in diameter), a registered professional
engineer shall certify that the structure is adequate to support the
load.
(6)
Roof-mounted solar collectors, provided that a registered
professional engineer shall certify that the structure is adequate
to support the load.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(11).
E.
Conditional uses (as regulated by Article IV of this chapter; see §§ 380-47, 380-48, 380-50 and 380-53):
(1)
Public, private commercial and private noncommercial
group outdoor recreational facilities.
(2)
Public and private schools.
(3)
Churches and religious institutions.
(4)
Public administrative offices and service buildings.
(5)
Private lodges and clubs.
(6)
Commercial development of historic restoration.
(7)
Bed-and-breakfast establishments which are licensed
by the State of Wisconsin.
(8)
Nursing and rest homes and homes for the aged.
(9)
Public utility offices and installations.
(10)
Commercial riding stables.
F.
Lot area and width. Lots shall have a minimum area
of 10 acres and shall not be less than 250 feet in width at the building
setback line.
H.
Yards.
(1)
A minimum street yard (setback) of 100 feet from the
road right-of-way shall be required.
(2)
A minimum side yard of 30 feet on each side of the
dwelling shall be required, except that on lots fronting a cul-de-sac,
a minimum side yard of 25 feet on each side of the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
(3)
A minimum rear yard of 30 feet from the dwelling shall
be required.
[Amended 10-16-2023 by Ord. No. Z2023.09.01]
[Amended 7-20-2010]
A.
Purpose. The purpose of the C-1 Conservancy District is to preserve,
protect, and maintain the natural environment and character of areas
exhibiting significant natural resource features which contribute
to the productive, recreational, or aesthetic value of the community.
Slopes in excess of 12% are unsuitable for development and should
be maintained in essentially natural, open uses.
B.
Permitted uses.
(1)
Single-family dwellings with an attached garage or detached garage
located on upland areas outside of wetlands as per Washington County
Park and Planning Department and the Department of Natural Resources;
excluding all mobile homes; for purposes of this chapter, manufactured
homes are included in the definition of "single-family dwelling."
(2)
Farming and related agricultural uses when conducted in accordance
with conservation standards.
(3)
The keeping and raising of domestic stock for agribusiness, show,
breeding or other purposes, provided that the total number of animals
shall be as follows:
(a)
No more than one horse, cow, sheep or similar animal, over six
months of age, shall be kept on each 1 1/2 acres.
(b)
No more than five chickens, ducks or similar poultry, over two
months of age, shall be kept for each acre.
(c)
No more than eight rabbits or hare, over two months of age,
shall be kept for each acre.
(d)
Combinations of the above shall be apportioned to the total
acreage, and the Building Inspector shall determine the total number
of animals allowed.
(4)
Essential services.
(5)
Residences existing on the property.
(6)
Forest and game management.
(7)
Hunting, fishing and hiking.
(8)
Parks and recreation areas; arboreta; botanical gardens; and greenways.
(9)
Stables.
(10)
Utilities.
(11)
Nonresidential buildings used solely in conjunction with the
raising of waterfowl or fish.
(12)
Harvesting of wild crops.
(13)
Recreation-related structures not requiring basements.
(14)
Single-family dwellings with attached or detached garage located
on upland areas outside of wetlands.
C.
Permitted accessory uses.
(1)
Private detached garages of up to 1,000 square feet.
(2)
Gardening, tool and storage sheds incidental to the residential use.
(3)
Home occupations and professional home offices.
(4)
Roof-mounted solar collectors provided that a registered professional
engineer shall certify that the structure is adequate to support the
load.
D.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, regarding accessory buildings and structures, was repealed 3-19-2019 by Ord. No. Z2019-02-03. See § 380-107L(12).
G.
Yards.
(1)
A minimum street yard (setback) of 75 feet from the road right-of-way
shall be required.
(2)
There shall be a side yard of not less than 30 feet in width on each
side of the dwelling, except that structures used for the housing
of shelters for animals must be 100 feet from lot lines.
(3)
There shall be a rear yard of not less than 30 feet.
H.
Conditional uses.
(1)
Animal hospitals, shelters and kennels.
(2)
Archery and firearm ranges, sports fields and skating rinks.
(3)
Land restoration, flowage, and ponds.
(4)
Golf courses and clubs.
(5)
Ski hills and trails.
(6)
Yacht clubs and marinas.
(7)
Recreation camps.
(8)
Public and private campgrounds.
(9)
Riding stables.
(10)
Planned residential developments.
(11)
Sewage disposal plants.
(12)
Governmental, cultural and public buildings or uses.
(13)
Utilities.
(14)
Hunting and fishing clubs.
(15)
Professional home offices.
(16)
Farm structures.
