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



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  1. Traffic Lane - A strip of roadway intended to accommodate a single line of moving vehicles.




  1. Universal Building Code (UBC) Permit – Permit issued by the Building Inspector, consistent with the State of Wisconsin Uniform Dwelling Code, for new homes and commercial buildings and remodel work greater than 50% of the appraised value of the structure. May be issued for remodel work 50% or less of the appraised value of the structure when requested by the Building Permit Officer.




  1. Utilities - Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, and storage yards.




  1. Variance - An authorization granted by the Zoning Board of Appeals to construct, alter, or use a building or structure, modify otherwise required lot dimensions, or in other ways allow for uses in a manner that deviates from the dimensional standards of this Chapter.




  1. Yard - An open space, other than a court, on the same lot with a structure, lying between the structure and the nearest lot line, and is unoccupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.




  1. Yard, Front - A yard extending the full width of a lot and situated between the front lot line and the nearest line of a structure located on said lot. Where a lot is located such that its rear and front lot lines each abut a street right-of-way line both such yards shall be classified as front yards. Every yard of a corner lot facing a street right-of-way line shall be classified as a front yard.




  1. Yard, Rear - A yard extending the full width of a lot and situated between the rear lot line and the nearest line of a structure located on said lot.




  1. Yard, Side - A yard situated between the side lot line and the nearest line of a structure located on said lot and extending from the rear line of the front yard to the front line of the rear yard.




    1. General Use Provisions.




  1. The use and height of buildings hereafter erected, converted, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.




  1. The existing lawful use of a building or premises at the time of the enactment or amendment of this ordinance may be continued although such use does not conform with the regulations for the district in which it is located, but such nonconforming use shall not be extended.




  1. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification. Whenever a nonconforming use has been changed to a more restrictive nonconforming use or a conforming use, such use shall not thereafter be changed to a less restrictive use.




  1. If a nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located.




    1. General Yard and Space Provisions.




  1. No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this Chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.




  1. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required for another building.




  1. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case, shall there be more than one main building on one lot.




  1. Every part of a required yard shall be open to the sky unobstructed, except the accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 24 inches.




  1. Any side yard or rear yard abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.




  1. No alterations to any building, except uncovered steps, shall project into the front yard established at the time of the original construction of such building beyond a line connecting the nearest points on the setback lines of the next existing buildings on each side of such building.




  1. Where a housing project consisting of a group of two or more buildings containing four or more dwelling units is to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout make it impractical to apply the requirements of this ordinance to the individual building units, the Plan Commission may approve a development plan provided it complies with the regulations of this ordinance as applied to the whole plat.




  1. The entirety of all residential structures must be placed within 350 feet of the adjacent road right-of-way line except for agriculture-related structures.




  1. A driveway turn-around is required for each residential lot to eliminate backing up of vehicles onto public roads.




    1. Effective Date.




  1. The effective date of this Chapter shall be the date of publication of the ordinance adopting this Chapter.




  1. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof, the construction of which shall have been started prior to the effective date of this ordinance.




    1. Parking.




  1. All theaters, arenas, auditoriums, churches or other places of public gathering hereafter erected shall provide an accessible parking space of sufficient size to accommodate at least one car for every five seats provided.




    1. Exceptions.




  1. The regulations contained herein relating to the heights of buildings and the size of yards and other open spaces shall be subject to the following exceptions:




    1. Churches, schools, hospitals, sanatoriums, and other public and quasi-public buildings may be erected to a height not exceeding 65 feet, provided the front, side and rear yards required in the district in which such buildings are to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.




    1. Chimneys, cooling towers, elevator bulkheads, fire towers, silos, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts or aerials, telephone, telegraph and power poles and lines, micro-wave radio relay structures, and necessary mechanical appurtenances are hereby excepted from the height regulations of this ordinance and may be erected in accordance with the other regulations or ordinances of the Town of Eldorado.




    1. Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.




    1. Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets are complied with.




    1. Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of passage of this ordinance, such lot may be occupied by one family.




    1. Where an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard regulations applicable to the main building shall be applied to the accessory building.




    1. Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet provided they are so located as not to obstruct light and ventilation.




    1. Code Compliance and Permits.




  1. No Universal Building Code (UBC) permit, Building permit or certificate of occupancy shall be issued by the Building Inspector or Building Permit Officer for any lot which does not comply with all the regulations and standards of this Chapter unless a variance to such regulations and standards has been approved by the Zoning Board of Appeals.




    1. Multi-Family Housing. Multi-family housing is a conditional use in the R Residential District and TRD Transitional Residential District subject to the following standards and regulations:




    1. Ground Floor Area. Minimum ground floor area per dwelling unit shall be 700 square feet for each one-bedroom unit; 800 square feet for each two-bedroom unit; 1,000 square feet for each three-bedroom unit, -- exclusive of common use hallways.




    1. Off-street parking space.




      1. Off-street parking spaces of not less than 300 square feet for each space required shall be provided on the same lot or tract of land as the dwelling served, 450 square feet for each one-bedroom unit; 450 square feet for each two-bedroom unit; and 600 square feet for each three-bedroom unit and no such space shall be rented or leased to a non-resident of the premises.




      1. Such off-street parking spaces shall be located no less than 10 feet from any front lot line and shall be located no less than five feet from any side or rear lot line.




      1. Each lot or tract of land as the dwelling served shall provide sufficient area so that vehicles may re-enter the public road in a forward direction.




      1. Parking area shall be screened with decorative fence or shrubbery from the street and adjacent property as set out in sec. 17.20 Fences of this Chapter.




    1. Dimension of Building Sites.




      1. For a three-family unit, the minimum lot size shall be 1.5 acres (65,340 square feet), and the minimum frontage shall be 200 feet.




      1. For more than a three-family unit, the minimum lot size shall be 1.5 acres (65,340 square feet) plus 7,500 square feet per family unit in excess of three, and the minimum frontage shall be 250 feet.




    1. Site Improvements.




      1. Refuse disposal shall be in such containers as approved by the Town of Eldorado and shall be located in the rear yard and appropriately screened and accessible for removal from a driveway or a yard service driveway.




      1. Such additional screening shrubbery and the like as shall be necessary and reasonable in order to retain the aesthetic value of the area and to protect adjacent property.




      1. Such fencing as may be necessary for the safety of the occupants and the public generally as per sec. 17.20 Fences of this Chapter.




    1. Manufactured Homes. Where allowed as a permitted or conditional use, manufactured homes shall be subject to the following standards and regulations:




  1. The minimum ground floor area shall be 800 square feet.




  1. Each manufactured home must be built on or after October 1, 1974, in compliance with all applicable state and federal regulations.




  1. A base of concrete or crushed rock at least six inches thick, concrete blocks or other properly engineered design which meets the standards of Housing and Urban Development for the proper support of a manufactured home shall be installed to serve as the foundation.




  1. Any manufactured home, which has been previously occupied as a dwelling, must have a current fair market value of not less than 60% of its original list price as decided by the Town Assessor.




    1. Town Road Design Standards. A land developer for homes, condominiums and apartment buildings shall build a road or roads that conform to the requirements of the Town of Eldorado Road Ordinance and Chapter 18: Land Division and Subdivision Regulations of the Eldorado Town Code.




    1. Nonconforming Uses.




  1. Applicability and Intent. Any use of land or structures, or any lot or structure which existed legally at the effective date of adoption or amendment of this Chapter which would not be permitted or permissible by the provisions of this Chapter as adopted or amended, shall be deemed nonconforming. It is the intent of this Chapter to permit such legally-existing nonconformities to continue, subject to restrictions.




  1. Nonconforming Uses of Land and Structures. No such nonconforming use of any land or structure shall be extended or enlarged. If such nonconforming use is discontinued for a period of 12 consecutive months or for 18 accumulative months during any three-year period, any future use of such land or structure shall conform to the Chapter.




  1. Nonconforming Structures. No such structure shall be altered in any manner, which would increase the degree of nonconformity.




  1. Non-conforming Lots of Record. In any residential district, a single-family dwelling and customary accessory structure may be erected on a single lot of record at the effective date of adoption or amendment of this Chapter. This provision shall apply even though such lot fails to meet the requirements of lot size, lot width or both for the district in which it is located, provided such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. Variance of yard requirements shall be obtained only through action of the Zoning Board of Appeals. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of adoption or amendment of this ordinance, the lands involved shall be considered to be an individual parcel for the purpose of this ordinance and no portion of such parcel shall be used, divided or sold which does not meet the lot size and lot width requirements for the district in which it is located.




  1. Repairs and Maintenance. Nothing in this ordinance shall be deemed to prevent normal maintenance or repair of any structure or to prevent restoring to a safe condition any structure declared to be unsafe unless as otherwise required in sec. 17.10 General Use Provisions of this Chapter.




  1. Existing Conditional Uses. Any use or structure existing at the effective date of adoption or amendment of this ordinance which is classified as a conditional use in the district in which it is located shall be deemed to have been granted approval by the Plan Commission, subject to maintaining the character and intent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval of the Plan Commission as provided in this Chapter.




    1. Fences. Fences and walls are subject to the provisions of this section:




  1. Height. The height of fences and walls shall be measured at grade.




    1. Residential zoning districts (R, TRD, RD).




      1. The maximum height of a fence or wall within required side and rear setbacks in a residential zoning district shall not exceed six feet.

      2. Fences around pools shall not exceed eight feet.

      3. The maximum height of a solid fence or wall within a required front yard or corner side yard setback shall not exceed three feet.

      4. Such front yard or corner side yard fences may be increased to a maximum height of four feet if open, decorative, ornamental fencing materials that are less than 50% opaque are used or to a maximum height of five feet if open, decorative, ornamental fencing materials that are less than 20% opaque are used.

      5. When the fence extends beyond at least half the distance of the primary building’s side facade, the fence height may increase to six feet provided the fence is constructed not closer than half the applicable corner side yard setback.




    1. Nonresidential zoning districts. The maximum height of a fence or wall shall not exceed eight feet except in required front or corner side yard setbacks where the maximum height of a solid fence or wall shall not exceed three feet.




    1. Schools. There is no maximum height for fences around schools.




    1. Boundary fence. A boundary fence or wall shall not be more than six feet in height in residential districts and not more than 12 feet in commercial and industrial districts, except that hedges may be permitted to grow to their natural height. No boundary fence or wall, including a hedge or row planting, shall be permitted in excess of three feet in height between the front yard setback line and the abutting lot lines.




      1. In the case of grade separation, such as the division of properties by a retaining wall, fence height shall be determined based on measurement from the average point between highest and lowest grade.




    1. Sound barrier/privacy fence or wall on a roadway. A sound barrier/privacy fence or wall constructed in a board-to-board or stone, masonry or brick and mortar style may be erected that prevents sound penetration and decreases the noise levels along the back or side lot line of a residential property abutting an arterial or collector street that has access restrictions and that is posted at no more than 45 miles per hour, shall not exceed eight feet in height.




  1. Setback from Property line.




    1. Residential Districts. Fences in residential districts shall be set back no less than one foot from the property line.




    1. Non-Residential Districts. Fences in non-residential districts shall be set back no less than two feet from the property line.




  1. Materials and Construction.




    1. Barbed wire fences, electrical fences, and single, double and triple strand fences are prohibited except in A-1, A-2, and I Districts.




  1. Barbed wire fences, electrical fences, and single, double, and triple strand fences may not be used in residential districts, except between residential and agricultural properties.

  2. Electric fences may only be used between agricultural and residential properties when agreeable to both parties at the time the fence is installed. Subsequent residential owners may not require removal of the electric fence Fences adjoining residential parcels must be screened by a non-electric fence with no less than two feet of space separating the fences.




    1. For all zoning districts other than A-1 and A-2 districts, fence material must be either naturally resistant or treated wood board, vinyl, galvanized and/or vinyl coated chain link material, wrought iron, brick, natural stone, masonry, or other material as approved by the Plan Commission. Chain link fence slats are subject to provisions of this ordinance.




    1. Fences and walls located in the front yard must be made of materials such as wood, brick, vinyl or stone.




    1. The finished side of the fence shall be erected to face the adjoining property. The side with protruding studs or posts shall face the building of the lot responsible for the erection of the fence.




  1. Exceptions. Protective security and boundary fences on industrial sites, publicly owned lands or semi-private lands such as places of worship, educational institutions, utility substations, etc. are excluded from the provisions of this section, except that where such fences incorporate the use of barbed wire, such barbed wire shall not be less than seven feet above the ground level, and except such fences shall be a minimum of two-thirds open to vision equally distributed throughout the fence length, and maintain allowable height when located within the defined vision corner.
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