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



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  1. Penal and correctional institutions.




  1. Public hospitals, when such hospital building shall be located not less than 100 feet from any lot in the R Residential District or TRD Transitional Residential District not used for the same purpose.




  1. Public utility or public service corporation building or structures, provided that the Plan Commission shall find that the proposed location of such buildings or structures is reasonably necessary for the public convenience, safety or welfare.




  1. Storage garage or parking lot in connection with a housing development project.




  1. Agricultural-related, religious, utility uses that are not permitted uses, institutional or governmental uses which are consistent with agricultural uses and are found necessary in light of alternative locations for such uses.




  1. Shooting ranges and archery ranges including related parking and buildings.




  1. Site Plan Permit. Prior to the commencement of any new construction on a parcel within the I Industrial District a Site Plan permit is required per sec. 17.52 Site Plan Permits of this Chapter.




  1. Regulations and Standards. The following regulations and standards shall apply in the I Industrial District:




        1. Location requirements will be determined during the Site Plan Review Process under sec. 17.52 Site Plan Permits of this Chapter




        1. Off-Street Parking Space. Off-street parking at properties zoned I Industrial throughout the Town shall be provided as follows:




        1. One off-street parking space per person normally employed on the lot or tract of land.

        2. One off-street parking space for each truck or other vehicle incidental to the use of such lot or tract of land.




  1. Dimensions of Building Sites. The following dimensions shall apply in the I Industrial District:




        1. The minimum lot size shall be 0.5 acre (21,780 square feet).




        1. The minimum frontage shall be 100 feet.




        1. The minimum lot width shall be 100 feet at the minimum road setback (or “build line”).




  1. Setbacks. The following setbacks shall apply in the I Industrial District:




        1. The front yard depth where a lot abuts a highway or street shall be 65 feet from the centerline of such right-of-way, but more than 25 feet from the right-of-way line. If the building is to be constructed in an established block where there are existing buildings, the yard depth shall be the average of the yard depths of buildings existing on the block face where the building is to be located, but not less than 15 feet from the right-of-way.




        1. The width of each side yard shall be 10 feet or greater, no accessory building shall project into the required side yard space.




        1. Depth shall not be less than 25 feet. Within the required yards or in addition thereto, there shall be sufficient space for the loading and unloading of motor vehicles off the street.




  1. Lot Requirements. The following lot requirements shall apply in the I Industrial District:




        1. The amount of the total lot area that may be covered by all principal and accessory buildings shall not exceed 50%.




        1. For corner lots, a front yard on each lot line abutting a street, a side and a rear yard, except in the case where three sides of a lot abut a street, there shall be required in addition to three front yards, a side yard.




        1. Where an Industrial zoned lot abuts a lot in the R Residential District, TRD Transitional Residential District, or RD Rural District, there shall be provided along such lot line a suitable buffer or plant materials, fencing or a combination of both, to shield the residential area from the industrial area. Where the transition from the I Industrial District to the R Residential District is a public street, the front yard in the I Industrial District shall be suitably landscaped.




        1. Any permitted use shall be so constructed and operated as to create no nuisance with respect to noise, vibration, emission of smoke or particulate matter, toxic, noxious or odorous matter, glare and heat or as to create fire or explosive hazards.




  1. Industrial Development.




        1. Intent. It is the intent of this section to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control, and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.




        1. Standards of operations.




              1. Vibration. No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the Industrial District boundaries. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. Vibrations not directly under the control of the property uses and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

      1. External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the Industrial District boundaries. External lighting shall comply in all respects with any current or future Town of Eldorado Exterior Lighting Ordinance.

      2. Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor, as defined in ch. NR 429, Wis. Adm. Code or subsequent regulations.

      3. Particulate emissions. No operation or activity shall emit any particulate matter into the ambient air which exceeds the limitations as established in ch. NR 415, Wis. Adm. Code or subsequent regulations.

      4. Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in ch. NR 431, Wis. Adm. Code or subsequent regulations.

      5. Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in ch. NR 445, Wis. Adm. Code or subsequent regulations.




        1. Administration. Determinations necessary for the administration and enforcement of these standards range from those which can be made by a reasonable person using normal senses and no mechanical equipment to those requiring substantial technical competence and complex equipment. It is the intent of this section that the methods to be used in determining compliance shall be the responsibility of the Building Inspector or Building Permit Officer and Plan Commission, subject to the following procedures:




              1. Approval of Building permits. Prior to approving a Building permit for any industrial use or any change thereof, the Building Permit Officer and shall have received from the applicant evidence or assurance that the proposed use or changing use will satisfy the air quality, vibration and exterior lighting standards of this Chapter.




        1. Violation of standards. Whenever the Building Permit Officer or Plan Commission have reason to believe the air quality, vibration and exterior lighting standards of this Chapter have been violated, written notice shall be made by certified mail to the person or persons responsible for the alleged violation. Such notice shall describe the alleged violation and shall require an answer or correction of the alleged violation within 30 days. Failure to reply or correct the alleged violation within 30 days may cause lawful action to be taken to cause correction as provided in this Chapter or referral of the alleged violation to the Wisconsin Department of Natural Resources (WDNR).




    1. CAO Critical Areas Overlay District.




  1. Purpose. The CAO Critical Areas Overlay District is intended to protect the public health and safety by minimizing development in areas prone to unwanted soil erosion and groundwater contamination, and on sites difficult to develop in a safe manner, and promote the general welfare by preserving unique and valuable geologic and other natural resource features of the Town of Eldorado. The regulations of the CAO Critical Areas Overlay District are premised, in part, on a shared community vision, discovered and detailed through the comprehensive planning process that calls for protection of natural resources and unique geologic features found within the Town.




  1. General Protection Policies. It is the policy of the Town of Eldorado that the beneficial functions, structures, and values of critical areas be protected, and, further, that potential dangers or public costs associated with inappropriate use of such areas be eliminated or reduced by reasonable regulation. The standards of the CAO Critical Areas Overlay District represent a reasonable balance between individual and collective interests. In striking that balance, the Town recognizes that, because of the wide variety of types of developments, and the relationships between them and their natural environments, it is neither possible nor advisable to establish inflexible critical areas protection standards. The standards set forth in this section are presumptive requirements. The reviewing body may permit deviations from these presumptive standards whenever it is determined that such deviations will satisfy the purposes set forth in sec. 17.37 CAO Critical Areas Overlay District of this Chapter. In considering the appropriate course of action to follow when allowing deviations from the standards, the preferences set forth below are established to guide development actions; they are in no particular order, and may be mixed to achieve maximum critical areas protection while facilitating reasonable use of property:




    1. Avoid the impact altogether by not allowing a particular action unless no reasonable, noncritical area alternatives are available.




    1. Avoid the impact by directing the particular action to noncritical areas on the same site, which may require deviation from the physical or dimensional requirements of this Chapter (such as setbacks or lot dimensions).




    1. Minimize the impact by limiting the degree or magnitude of the action.




    1. Rectify the impact by repairing, rehabilitating or restoring the affected critical area.




  1. Triggering Applications. The regulations of sec. 17.37 CAO Critical Areas Overlay District of this Chapter apply in all zoning districts, and are triggered whenever an application for any of the following actions is filed (hereinafter referred to as “triggering applications”) and it is found that such action is taking place on a parcel of real property containing a designated critical area or its buffer:




    1. Any permit or action set forth in this Chapter.




    1. Any permit required by Chapter 18: Land Division and Subdivision Regulations of the Eldorado Town Code.




    1. Clearing and grading permits or permits for any other “development” activity.




  1. Exemptions. The following activities are specifically exempt from the provisions of sec. 17.37 CAO Critical Areas Overlay District of this Chapter, whether or not such activity requires the submission of a triggering application:




    1. Existing and ongoing agricultural activities, including all lands zoned A-1 Farmland Preservation District.




    1. Normal and routine maintenance and operation of existing irrigation and drainage ditches, swales, canals, detention facilities, wastewater treatment facilities, landscape amenities, farm ponds, fish ponds, manure lagoons and livestock water ponds; provided that such activities do not involve conversion of any critical areas not being used for such activities to another use.




    1. Construction, maintenance, operation and repair or replacement of existing utility facilities and associated rights-of-way, including reasonable access roads.




    1. Site investigative work in conjunction with the preparation of a land use application submittal, such as surveys, soil logs, percolation tests and other related activities.




    1. Maintenance, operation, reconstruction of or addition to existing roads, streets, and driveways.




    1. Any projects for which application(s) have been submitted prior to the adoption of this Chapter.




  1. Application of Standards. No application involving a designated critical area shall be approved unless it is determined to be in compliance with sec. 17.37 CAO Critical Areas Overlay District of this Chapter. The standards of sec. 17.37 CAO Critical Areas Overlay District of this Chapter shall be applied in addition to other applicable requirements of this Chapter. Whenever other requirements of this Ordinance conflict with the requirements of sec. 17.37 CAO Critical Areas Overlay District of this Chapter, the most stringent requirements shall govern. In instances where a proposal involves a parcel of real property with more than one critical area the standards that pertain to each identified critical area shall apply. Compliance with sec. 17.37 CAO Critical Areas Overlay District of this Chapter shall not remove any obligations with respect to applicable provisions of any other federal, state, county or Town regulation.




  1. Identification of Critical Areas. Upon submittal of triggering application, the Permit Issuer shall determine the probable existence of critical areas on the parcel involved in the application. The Permit Issuer shall review and consider the most appropriate, publicly available information in determining the probable existence of critical areas, including, but not limited to, the following:




    1. Large scale (1" = 200') Fond du Lac County topographic maps.




    1. USGS 7.5-minute topographic quadrangle maps.




    1. 1" = 400' aerial photographs, or other scale if not available.




    1. "Wisconsin Wetland Inventory" maps prepared by the Wisconsin Department of Natural Resources (WDNR).




    1. Town of Eldorado Comprehensive Plan - Adopted December 2009, and as subsequently amended or replaced.




  1. Requirement of Access and Additional Studies. The Permit Issuer may also conduct field investigations with permission of the landowner, and may require private studies be conducted by the applicant, including, but not limited to, the following:




    1. Topographic surveys prepared by and certified by a Wisconsin registered land surveyor at a contour interval of not less than two feet.




    1. Field surveys of trees and/or plant material compiled by a landscape architect, forester, arborist, biologist or botanist with a professional degree in one of those fields of endeavor.




  1. Application Process.




    1. Conditional Use Permit Required. Any action taking place on a parcel of real property containing a designated critical area requires that the applicant apply for, and be granted a Conditional Use permit under sec. 17.51 Conditional Uses of this Chapter. If the triggering application is an application for a Conditional Use permit, such application shall be sufficient to satisfy this requirement.




    1. Submission Requirements. Applicants shall submit the following information along with the application for a Conditional Use permit:




        1. Ten full size copies of a "Critical Areas Protection Plan" prepared on tracing cloth, reproducible drafting film, or paper of good quality at a map scale as appropriate that correctly shows the following information:




          1. A drawing legend at appropriate scale with the date of preparation, north arrow, and designation of existing and proposed contours at a minimum two foot contour interval.

          2. The location of the proposed development activity.

          3. The names, addresses and telephone numbers of the owners, Subdividers, lessee and/or developer(s) of the property and of the designer of the plan.

          4. The boundary line of the site with dimensions, indicated by a solid line, and the total land area encompassed by the site.

          5. The location of any existing or proposed lot lines, right-of-way lines and easements.

          6. The location and dimensions of all permanent easements on the subject property and boundary lines adjacent to the site.

          7. The location and extent of any existing critical areas features defined and described in sec. 17.37(10-12) CAO Critical Areas Overlay District of this Chapter. Each individual resource area on the site shall be graphically and numerically shown on the Critical Areas Protection Plan.

          8. Graphic and numeric illustrations shown on the Critical Areas Protection Plan of those existing critical areas features (in square feet or acres) that will be disturbed and those that will be preserved. Numeric data may be shown in tabular form with labeled reference to specific areas designated on the Critical Areas Protection Plan.

          9. Graphic illustration and notes relating to how the protection/mitigation measures will be achieved.




    1. Application Processing. If the procedures governing the triggering application require Plan Commission or Board of Appeals review, the Critical Areas Protection Plan shall be reviewed, and protection standards applied, by the applicable decision-making body concurrent with the triggering application. In all other cases, the Critical Areas Protection Plan shall be reviewed, and protection standards applied, by following the procedures for site plan review set forth in sec. 17.52 Site Plan Permits of this Chapter.




  1. Required Findings. In addition to addressing the decision criteria of the underlying triggering application, the decision-making body shall also determine how the Critical Areas Protection Plan meets the protection standards set forth in sec. 17.37 CAO Critical Areas Overlay District of this Chapter or, when deviation from the standards is permitted, how the plan achieves maximum critical areas protection while facilitating reasonable use of property.




  1. Protected Critical Area: Eldorado State Wildlife Area (Eldorado Marsh). The purposes of regulating the Eldorado Marsh area is to promote safe conditions by: preventing development that requires the placement of roads or structures on soils insufficient for such development; to protect the integrity of surface water resources subject to nonpoint source pollution; to protect the integrity of ground water resources subject to contamination and overuse; to preserve the area as a unique, visually prominent natural feature that contributes to the diversity of landscape of the Town of Eldorado, and to preserve the functions of the Eldorado Marsh as a critical wildlife corridor and habitat.




    1. Regulated Area. A buffer area extending a minimum of 100 feet from the periphery of the Eldorado Marsh.




    1. Prohibited or Regulated Activities.




        1. All quarrying, sand and gravel pits, and other nonmetallic mining activities are prohibited in the Regulated Area.

        2. No telecommunication tower locating in the Regulated Area shall be located within 5,000 feet of an existing telecommunication tower; said distance to be measured by a straight line from the base of the nearest existing tower to the base of the proposed tower site.
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