Table of contents 17. 01 Authority 17-1 17. 02 Purpose 17-1

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17.01 Authority 17-1

17.02 Purpose 17-1

17.03 Intent 17-1

17.04 Abrogation and Greater Restrictions 17-2

17.05 Interpretation 17-2

17.06 Title 17-2

17.07 Districts 17-2

17.08 Boundaries 17-2

17.09 Definitions 17-3

17.10 General Use Provisions 17-16

17.11 General Yard and Space Provisions 17-17

17.12 Effective Date 17-17

17.13 Parking 17-18

17.14 Exceptions 17-18

17.15 Code Compliance and Permits 17-19

17.16 Multi-Family Housing 17-19

17.17 Manufactured Homes 17-20

17.18 Town Road Design Standards 17-20

17.19 Nonconforming Uses 17-20

17.20 Fences 17-21

17.21 Business Permit Required 17-24

17.22-17.29 Reserved 17-28

17.30 R Residential District 17-28

17.31 TRD Transitional Residential District 17-32

17.32 RD Rural District 17-35

17.33 A-1 Farmland Preservation District 17-38

17.34 A-2 General Agricultural District 17-45

17.35 C Commercial District 17-50

17.36 I Industrial District 17-53

17.37 CAO Critical Areas Overlay District 17-59

17.38 TNDO Traditional Neighborhood Design Overlay District 17-64

17.39-17.49 Reserved 17-68

17.50 Highway and Riparian Setback Requirements 17-68

17.51 Conditional Uses 17-71

17.52 Site Plan Permits 17-73

17.53 Zoning Board of Appeals 17-78

17.54 Enforcement 17-80

17.55 Time Limit on Permits 17-82

17.56 Fees 17-83

17.57 Violations and Penalties 17-84

17.58 Changes and Amendments 17-85

17.59 Validity and Conflicts 17-85

17.60 Adoption 17-85

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    1. Authority. An Ordinance under the provisions of s. 62.23 (7), Wis. Stats. to promote the health, safety, morals and general welfare; to regulate and restrict the height, number of stories and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence and other purposes; and for the said purpose to divide the Town of Eldorado, Fond du Lac County, Wisconsin, into districts of such number, shape, and areas as are deemed best suited to carry out the said purposes; to provide a method for its administration and enforcement and to provide penalties for its violation.

  1. The Town Board of the Town of Eldorado, Fond du Lac County Wisconsin, having been granted village powers pursuant to s. 60.10(2)(c), Wis. Stats. does ordain as follows:

    1. Purpose. The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the Town. The provisions of this ordinance shall be held to be minimum requirements.

    1. Intent. It is the general intent of this Chapter to regulate and restrict the use of all structures, lands, and waters; and to:

  1. Preserve and protect prime agricultural lands in the Town.

  1. Preserve and protect the beauty of the Town.

  1. Regulate lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage.

  1. Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities.

  1. Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways.

  1. Secure safety from fire, pollution, contamination and other dangers.

  1. Stabilize and protect existing and potential property values.

  1. Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters.

  1. Further the maintenance of safe and healthful water conditions.

  1. Provide for and protect various suitable commercial and industrial sites.

  1. Protect the traffic-carrying capacity of existing and proposed arterial streets and highways.

  1. Implement those Town, County, watershed, and regional comprehensive plans or components of such plans adopted by the Town.

  1. Provide for the administration and enforcement of this Chapter; and to provide penalties for the violation of this Chapter.

    1. Abrogation and Greater Restrictions. It is not the intend of this ordinance to repeal, abrogate, annul, impair or interfere with any existing easement, covenants, or agreements between parties, or with any rules, regulations, or permits previously adopted or issued pursuant to laws; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this ordinance shall govern.

    1. Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Town and shall not be construed to be a limitation or repeal of any other power now possessed by the Town.

    1. Title. This Chapter shall be known and cited as the “Zoning Regulations, Town of Eldorado, Fond du Lac County, Wisconsin.”

    1. Districts. For the purposes of this Chapter, the Town of Eldorado, Fond du Lac County, Wisconsin is hereby divided into the following districts:

  1. R Residential District

  1. TRD Transitional Residential District

  1. RD Rural District

  1. A-1 Farmland Preservation District

  1. A-2 General Agricultural District

  1. C Commercial District

  1. I Industrial District

  1. CAO Critical Areas Overlay District

  1. TNDO Traditional Neighborhood Design Overlay District

    1. Boundaries. The boundaries of the aforesaid districts are hereby established as shown on the map entitled "Town of Eldorado Zoning Map," which map is made a part of this ordinance and is on file in the office of the Clerk of said township. All notations and references shown on the Zoning Map are as much a part of this ordinance as though specifically described herein. The district boundaries, unless otherwise indicated, are street or highway centerlines, railroad right-of-way lines extended, lines parallel or perpendicular to such street, highway or railroad lines, the shore line of lakes or streams, lot or alley lines, section lines, quarter section lines, or quarter-quarter section lines, and when the designation on the district map indicates that the various districts are approximately bounded by any of the above lines, such lines shall be construed to be the district boundary lines. The district boundaries, where not otherwise designated, shall be determined by the use of the scale shown on the district map.

    1. Definitions. Words used in the present tense include the future; the singular number includes the plural number and the plural number includes the singular number; the word "building" includes the word "structure"; the word "shall" is mandatory and not directory. Any words not herein defined shall be construed as defined in the state building code.

  1. Accessory Use or Accessory Structure – A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.

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

  1. Agricultural Accessory Uses – The following uses on a farm:

    1. A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use.

    1. An activity or business operation that is an integral part of, or incidental to, an agricultural use.

  1. Agricultural Use - Any of the following activities conducted for the purpose of producing an income or livelihood:

    1. Crop or forage production.

    1. Keeping livestock.

    1. Beekeeping.

    1. Nursery, sod, or Christmas tree production.

    1. Floriculture.

    1. Aquaculture.

    1. Fur farming.

    1. Forest management.

    1. Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

    1. Other activities that the Department of Agriculture, Trade, and Consumer Protection (DATCP) may identify by rule.

  1. Agriculture-related Use - A facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose:

      1. Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms, including farms in the A-1 Farmland Preservation District.

      1. Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the A-1 Farmland Preservation District.

      1. Slaughtering livestock, including livestock from farms in the A-1 Farmland Preservation District.

      1. Marketing livestock to or from farms, including farms in the A-1 Farmland Preservation District.

      1. Processing agricultural by-products or wastes received directly from farms, including farms in the A-1 Farmland Preservation District.

  1. Agri-tourism – An agriculture based tourism business that allows patrons to visit a working farm or any agricultural, horticultural or agri-business operation for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation.

  1. Airport, Public - Any airport which complies with the definition contained in s. 114.002 (7), Wis. Stats., and as updated in relevant statutes, or any airport which serves or offers to serve common carriers engaged in air transport.

  1. Animal Units – Has the meaning that was given initially in s. NR 243.03(3), Wis. Adm. Code as of April 27, 2004 and as subsequently updated in relevant regulations.

  1. Appraised Value – The value of a principal structure, not including the land upon which it is located, as determined by the most recent Fond du Lac County tax roles.

  1. Aquaculture – See Fish Hatchery, sec. 17.09(50) of this Chapter.

  1. Automobile Wrecking Yard - Any premises on which three or more automotive vehicles, not in operating condition, are stored in the open.

  1. Base Farm Tract – All land, whether one parcel or two or more contiguous parcels, that is in the A-1 Farmland Preservation District and that is part of a single farm as of April 23, 2013, the date of Town Board adoption, regardless of any subsequent changes in the size of the farm.

  1. Basement - A story partly underground which, if occupied as living quarters, shall be counted as a story for purposes of height measurements.

  1. Bed and Breakfast - Any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast, as defined in relevant Wis. Stats.

  1. Boarding House - A building other than a hotel where meals, or lodging and meals, are furnished for compensation for five or more persons not members of a family.

  1. Building - Any structure used, designed or intended for the protection, shelter, enclosure, or support of persons, animals or property.

  1. Building, Accessory - A subordinate structure or structures detached from, but located on the same lot as the principal structure, the use of which is incidental and related to that of the principal structure.

  1. Building, Height of - The vertical distance from the average elevation of the finished grade at the building face to the highest point of the structure.

  1. Building, Main or Principal - A building constituting the principal use of a lot.

  1. Building Inspector – Certified by the State of Wisconsin and responsible for determining compliance with the Wisconsin Universal Building Code (UBC). Issues UBC permit and Occupancy permit for new homes and commercial buildings and remodel work greater than 50% of the appraised value of the structure. May issue UBC permit for remodel work 50% or less of the appraised value of the structure when requested by the Building Permit Officer.

  1. Building Permit – Permit issued by the Building Permit Officer for residential or commercial remodel work that entails 50% or less of the appraised value of the structure.

  1. Building Permit Officer – Responsible for compliance with the Town Code (zoning ordinance, subdivision ordinance, etc.). Issues Land Use permit, Building permit for residential and commercial remodel work that is 50% or less of the appraised value of the structure, and all other permits related to the Town Code excepting those issued by the Building Inspector or Plan Commission.

  1. Centerline - A line connecting points on highways from which setback lines shall be measured, at any point on the highway.

  1. Channel - A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

  1. Common ownership – Ownership by the same person or persons, or by persons that are all wholly owned by the same person or persons. Common ownership includes joint tenancy and tenancy in common. Solely for purposes of this definition, a parcel owned by one member of a married couple is deemed to be owned by the married couple.

  1. Community Based Residential Facility (CBRF) – A place where three or more unrelated adults reside in which care, treatment, or services above the level of room and board, but not including nursing care, are provided in the facility. A CBRF is subject to State-level licensing and operational limitations as set forth in relevant state statues.

  1. Conditional Uses – Uses of a special nature that make it impractical to predetermine as a permitted use in a district.

  1. Contiguous – Adjacent to or sharing a common boundary. Contiguous land includes land that is separated only by a river, stream, section line, public road, private road, railroad, pipeline, transmission line, or transportation or transmission right-of- way. Parcels are not contiguous if they meet only at a single point.

  1. Development - Any man-made change to improved or unimproved real estate, including but not limited to construction of or addition or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.

  1. Developers Agreement - An agreement by which the Town and the developer agree in reasonable detail as to all of those matters to which the provisions of this Chapter apply and which does not come into effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the Town unless this requirement is waived by the Town.

  1. Driveway - A private route of ingress and egress from any public right-of-way, which provides access to one residential dwelling unit, commercial building, or property.

  1. Dwelling – A building or portion thereof that provides living facilities for one or more families, but not including hotels, motels or boarding houses.

  1. Dwelling Unit – One or more rooms physically arranged so as to create an independent housekeeping establishment of occupancy by one family or not more than four (4) roomers, which shall include complete toilet and kitchen facilities permanently installed.

  1. Dwelling, One Family - A single residential building designed for or occupied exclusively by one family.

  1. Dwelling, Two Family (Duplexes) - A single residential building containing two dwelling units, separated from each other by common or party walls without openings, entirely surrounded by open space on the same lot.

  1. Dwelling, Multiple - A building or portion thereof designed for and occupied by more than two families including tenement houses, row houses, apartment houses and apartment hotels.

  1. Election Campaign Period - In the case of an election for office, the period beginning on the first day for circulation of nomination papers by candidates, or the first day on which candidates would circulate nomination papers were papers to be required, and ending on the day of the election. In the case of a referendum, the period beginning on the day which the question to be voted upon is submitted to the electorate and ending on the day on which the referendum is held.

  1. Encroachment - Any fill, structure, building, use or development in the floodway.

  1. Erosion - The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

  1. Essential Services - Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.

  1. Family – For the purposes of this Chapter, all of the following shall be deemed as a family:

    1. An individual.

    2. Two or more persons related by blood, marriage, or adoption.

    3. A maximum of five persons not so related, maintaining a common household in a dwelling unit or lodging unit.

  1. Farm – All land under common ownership that is primarily devoted to agricultural use. For purposes of this definition, land is deemed to be primarily devoted to agricultural use if any of the following apply:

    1. The land produces at least $6,000 in annual gross farm revenues to its owner or renter, regardless of whether a majority of the land area is in agricultural use.

    1. A majority of the land area is in agricultural use.
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