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



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  1. Setback. No fence in the R, TRD, or RD Districts shall extend closer than five feet from a road right-of-way nor extend closer than 12 inches from a side or back yard property line.




  1. Maintenance. Both the fence and the property surrounding both sides of the fence shall be properly maintained in good repair to structure and appearance at all times.




  1. Swimming Pools, Spas, Hot Tubs, Saunas, Steam Rooms.




    1. In-ground Pools, Spas, Hot Tubs. In-ground pools, spas, and hot tubs must be enclosed by a fence that is at least four feet high. A pool fence must also have a gate with a lock. If the yard within which the in-ground pool is located is fenced, no additional fencing is required; however, the yard fencing must have a gate(s) with a lock.




    1. Above-Ground Pools, Spas, Hot Tubs. Above-ground pools, spas, and hot tubs with sides that are at least four (4) feet high do not need to be enclosed by a fence. However, access to an above ground pool must be controlled by a removable ladder or lockable gate for any fixed stairway or ladder. Above-ground pools, spas, and hot tubs with sides less than four (4) feet high must comply with the requirements for in-ground pools, spas, and hot tubs.




    1. Outdoor Saunas and Steam Rooms. Fencing is not required for outdoor saunas and steam rooms; although, access to the sauna or steam room must be controlled by a lock.




    1. Portable Pools. Portable pools that can be erected without permanent support do not require fencing.




  1. Permit Required. Building permits must be obtained from the Town permit issuer for all fences in residential districts except for temporary seasonal fences (e.g. snow fences).




    1. Business Permit Required.




  1. Purpose. The purpose of the Business Permit is to provide an additional protection to the citizens and visitors of the Town from fraud and misrepresentation; to ensure that sales tax revenues are reported equitably; and to provide a database of the commercial activities within the community.




  1. Requirements. The Town of Eldorado requires that every person, firm, corporation, partnership or other business organization occupying real property within the Town for business purposes shall obtain a Business permit. In addition, similar businesses, which are engaged in business activities within the Town but have no fixed place of business in the Town shall also be required to obtain a Business permit. Any business, existing or new, that is sold or ownership transferred, is required to purchase another license from the Town of Eldorado. Home-based businesses as defined in this Chapter, require a Business permit to operate within the Town of Eldorado.




  1. Violations.




    1. It is unlawful for any person, whether as principal or agent, either for himself or for another person, or for any corporation, or as a member of any firm or co-partnership, to commence, practice, transact or carry on any trade, calling, profession, occupation or business within the Town limits without first having procured a Business permit from the Town.




    1. The practicing or carrying on of any trade, calling, profession, occupation or business by any person, corporation or partnership without first having procured a permit from the Town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by other law or by this article shall constitute a separate violation of this article for each and every day that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the Town.




  1. Exceptions. The only exceptions to the licensing requirements of this section shall be:




    1. Non-profit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.




    1. Non-profit private clubs where a basic membership fee covers the cost of the use of facilities.




    1. Fund raising projects of non-profit and bona fide religious organizations, not conducted on a regular basis.




  1. Application and Issuance. Application for Business permits shall be made to the Town on forms furnished by the Clerk.




    1. It shall be the duty of the Clerk upon receipt of a properly completed application for a Business permit and verification of the data contained thereon, to prepare and issue a permit under this article for every person, corporation or partnership required to pay a permit fee hereunder and to state in each permit the amount charged for the same, the period of time covered thereby, the name of the person, corporation or partnership for whom issued and the trade, calling, profession, occupation or business permitted and the location or place of business where the trade, calling, profession, occupation or business is to be carried on, transacted or practiced.




    1. In no case, shall any mistake made by the Clerk in issuing any permit or collecting the amount of fee for any permit or the amount actually due from any person required to pay for a permit as provided herein, prevent, prejudice or stop the Town from collecting the correct amount of fee or charge for any permit or the amount actually due from any person required to pay for a permit as provided herein, or revoking any permit erroneously issued and refunding the fee collected.




    1. No greater or lesser amount of money shall be charged or received by the Clerk for any permit than is provided for in this article, and no permit shall be issued for any period of time other than as provided herein.




    1. All charges for a permit required by this article shall be paid in advance and in lawful money of the United States of America at the office of the Clerk.




  1. Review. The Town of Eldorado shall:




    1. Review the proposed use in order to confirm proper zoning.




    1. Review with the applicant all requirements regarding Universal Building Code (UBC) permits, Building permits, Occupancy permits, and compliance with all other relevant local and state requirements.




    1. Review traffic and parking considerations.




    1. Review all other relevant terms and provisions of the Town of Eldorado Ordinances.




  1. Term of Permits.




    1. The renewal charge for annual permits provided herein shall become due and payable between January 1 and January 31 of each calendar year and each year thereafter, except that any new permit charge shall become due and payable and be paid on or before the day of commencing to carry on, transact or practice the trade, calling, profession, occupation or business for which a permit is required by this article.




    1. The charge for daily permits required by this article shall become due and payable and be paid before each day for which required.




  1. Number of Permits.




    1. A separate charge for a permit shall be paid for each branch establishment or separate place of business in which any person, corporation or partnership shall carry on, transact or practice a trade, calling, profession, occupation or business.




    1. When more than one trade, calling, profession, occupation or business is carried on, transacted or practiced by the same person, corporation or partnership at one fixed place of business, only one permit shall be required and the charge for such permit shall be the highest charge applicable to any of the activities, and all activities shall be listed on the permit issued.




    1. When more than one trade, calling, profession, occupation or business shall be carried on, transacted or practiced by the same person, corporation or partnership without any fixed place of business, a separate permit shall be required and a separate appropriate charge be paid for each activity for which a permit is required this article.




  1. Permit to be Exhibited.




    1. Each person, corporation or partnership having a permit and having a fixed place of business shall keep said permit, while in force, at some conspicuous place or location within the place of business.




    1. Each person, corporation or partnership having a permit and having no fixed place of business shall carry such permit with them at all times, while engaged in any activity for which the permit was issued, except that a person acting for any such corporation, firm or company and not being the only person acting for such corporation, firm or company may carry with them a copy of the permit which has been issued by the Clerk and plainly marked or stamped “Duplicate”.




    1. Each person, corporation or partnership having a permit shall produce and exhibit the same whenever requested to do so by any designated officer of the Town or by the Clerk.




  1. Inspector of Permits.




    1. The Clerk shall be inspector of permits and may appoint, with approval of the manager, such assistant inspectors as may be required to enforce these regulations.




    1. Each assistant inspector of permits, immediately upon the facts coming to his knowledge, shall report to the Clerk the name of any person, corporation or partnership carrying on, transacting or practicing any trade, calling, profession or business within the Town without first having obtained a permit as required by this article.




  1. Duties and Powers of Inspectors.




    1. The inspector of permits and the assistant inspectors, each in the discharge and performance of his duties, shall have and exercise the following powers:




      1. To file a complaint for any violation of the provisions of this Chapter with the Town magistrate.

      2. To enter, free of charge and during regular business hours, any place of business for which a permit is required by this article and to demand exhibition of the permit for the current period of time from any person, corporation or partnership engaged in carrying on, transacting or practicing any trade, calling, profession, occupation or business at such place of business and, if such person, corporation or partnership shall fail then and there to exhibit such permit, such person, corporation or partnership shall be liable to the penalties provided for violation of this article.

      3. When the charge for any permit required hereunder shall remain unpaid for ten days from and after the due date, such charge shall be delinquent and the Clerk, on the day upon which said charge becomes delinquent, shall add thereto an amount equal to 25% of said charge as a penalty and no receipt or permit shall be issued thereafter by the Clerk until the charge and penalty shall be paid in full.




  1. Transfer of Permit. No permit issued under the provisions of this article shall be assigned or transferred to any other person, corporation or partnership without first obtaining permission from the Town.




  1. Prorating Prohibited. No permit fee herein provided shall be prorated, except that annual permits issued after the first of December shall be valid for all of the subsequent year and shall reflect an appropriate expiration date.




  1. Business Permit Fees. The Business permit fees shall be set and adjusted from time to time by the Town Board and shall be listed in the Town of Eldorado Fee Schedule.




  1. Restrictions, Suspension, Revocation. Permits issued under the provisions of this Chapter may be restricted, suspended or revoked by the Town Clerk, after notice and an opportunity for a hearing, for any of the following causes:




    1. Fraud, misrepresentation or false statement contained in the application for permit.




    1. Fraud, misrepresentation or false statement made in the course of carrying on the business.




    1. Any violation of this Chapter.




    1. Conviction of any crime or misdemeanor involving moral turpitude.




    1. Conducting business in violation of any Town ordinance, county ordinance or state law relating to the public health, safety and welfare.




  1. Appeals.




    1. Notice of the hearing for restrictions, suspension or revocation of a permit shall be given in writing, by the Town Clerk, setting forth specifically the grounds for the restrictions, suspension or revocation and the time and place of the hearing. Such notice shall be mailed to the permittee at the address listed on the Business permit application at least ten days prior to the date set for the hearing. The mailing of such notice shall constitute proper notice to the permittee.




    1. Any person aggrieved by the denial of an application for permit or by the restrictions placed upon the permit or by the suspension or revocation of such permit shall have the right of appeal to the Zoning Board of Appeals. Such appeal shall be taken by filing with the Town Clerk, within fourteen days after such denial, restriction, suspension or revocation, a written statement setting forth fully the grounds for the appeal. The Zoning Board of Appeals shall set a time and a place for hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided for notice of a hearing on suspension or revocation. The decision and order of the Zoning Board of Appeals on such appeal shall be final.




        1. Reserved.




    1. R Residential District.




    1. Purpose. The R Residential District is intended to provide the area covered by this ordinance with low-density residential development. The R Residential District is intended primarily for the area south of the unincorporated village of Eldorado.




    1. Permitted Uses. The following uses are permitted in the R Residential District:




      1. One-family dwellings.




      1. Two-family dwellings.




      1. Manufactured homes, subject to the requirements of sec. 17.17 Manufactured Homes of this Chapter.




      1. Conversion of any existing building to a permitted use.




      1. Home occupations.




      1. Public parks, playgrounds.




      1. Public and semi-public non-profit institutional uses including churches, schools, libraries and uses of a similar nature.




    1. Permitted Accessory Uses. The following accessory uses are permitted in the R Residential District:




      1. Swimming pools. Pools must be fenced in accordance with sec. 17.20 Fences of this Chapter. Side yard and rear yard setbacks for swimming pools are consistent with the side yard and rear yard setbacks for permitted accessory structures in the same district.




      1. Fences, consistent with sec. 17.20 Fences of this Chapter.




      1. Personal energy systems, consistent with any current or future or Town of Eldorado Personal Energy Systems Ordinance, including but not necessarily limited to:




      1. One small wind turbine intended to supply energy for personal use or to sell back to the grid, consistent with ch. PSC 128, Wis. Adm. Code.

      2. Conventional photovoltaic solar arrays, flexible solar arrays, and similar energy systems.

      3. Solar thermal energy systems.

      4. Geothermal pumps and energy systems.

      5. Outdoor wood-fired boilers.

      6. Other personal energy systems as defined in any current or future Town of Eldorado Personal Energy Systems Ordinance.




    1. Permitted Accessory Structures. No more than five accessory structures are permitted within the R Residential District. The following accessory structures are permitted in the R Residential District:




      1. Detached garages.




      1. Garden sheds.




      1. Gazebos.




      1. Structures deemed by the Plan Commission to be similar in nature to the structures identified above.




    1. Conditional Uses. The following uses may be conditionally approved in the R Residential District in accordance with sec. 17.51 Conditional Uses of this Chapter.




      1. Bed and breakfast establishments.




      1. Rest homes, nursing homes, clinics, and commercial childcare facilities.




      1. Multi-family dwellings in the R Residential District shall be subject to the standards and regulations as set out in sec. 17.16 Multi-Family Housing of this Chapter.




      1. Home-based businesses.




    1. Conditional Accessory Uses. The following accessory uses may be conditionally approved in the R Residential District:




      1. Roadside stands, not to exceed 100 square feet in area and to be removed at the end of the growing season.




    1. Conditional Accessory Structures. The following accessory structures may be conditionally approved in the R Residential District:




      1. Additional accessory structures beyond the maximum number of accessory structures permitted in sec. 17.30(4) of this Chapter.




    1. Regulations and Standards. The following regulations and standards shall apply to all dwellings in the R Residential District and properties zoned Residential throughout the Town:




      1. Occupancy. Residential occupancy per dwelling unit shall be limited to one family and not more than four roomers or boarders.




      1. Location. Dwellings shall be located so as to abut a public road.




      1. Ground Floor Area. The minimum ground floor area per dwelling unit shall be 800 square feet.




      1. Off-Street Parking Space.




    1. Each dwelling unit shall be provided with a minimum of 600 square feet of off-street parking located on the same lot or tract of land as the dwelling served.

    2. 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 5 feet from any side or rear lot line.

    3. 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. Dimensions of Building Sites for Unsewered One and Two Family Dwellings. The following dimensions shall apply in the R Residential District:




      1. The minimum lot size shall be 0.75 acre (32,670 square feet).




      1. The minimum frontage shall be 150 feet.




      1. The minimum lot width shall be 150 feet at the minimum road setback (or “build line”).




    1. Setbacks. The following setbacks shall apply in the R Residential District:




      1. The minimum road setback (or “front yard”) is as provided generally in sec. 17.50 Highway and Riparian Setback Requirements of this Chapter and more specifically, as the greater of 100 feet from the centerline or 65 feet from the right-of-way with one exception. Any dwelling or structure constructed between two existing dwellings or structures that exist 150 feet or less apart may be constructed with a minimum road setback equal to the average of the road setbacks for the two existing dwellings or structures. Within platted subdivisions, the minimum road setback is 30 feet from the right-of-way line as shown on the recorded subdivision plat. All setbacks from County, State, and Federal Highways shall comply with the appropriate County and State setback requirements.
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