No portion of any building or structure shall be constructed within the regulated area without a Conditional Use permit.
Grading that occurs within the regulated area shall create a naturally sloped effect that conforms to the topography of the site. Disturbed areas shall be replanted with native vegetation.
Exception for Existing Lots of Record. Nothing in sec. 17.37 CAO Critical Areas Overlay District of this Chapter shall prevent one one-family detached home from being built on any legal lot existing on the effective date of this Chapter, provided it complies with the other development standards of this Chapter, any grading ordinances presently in effect, and the development standards of the underlying zone. Where provisions may conflict, the most restrictive shall apply.
Protected Critical Area: Riparian Corridors. The purposes of regulating riparian corridors are to promote safe conditions by preventing land uses inconsistent with preserving and protecting surface waters from the negative affects of nonpoint water pollution; protect important aquatic species and habitat; and maintain lower water temperatures in area streams.
Regulated Area. A protective buffer extending 100 feet from the high water mark of any perennial stream.
Prohibited or Regulated Activities.
Any activity that permanently alters the landscape within the regulated area including, but not limited to: plowing, gardening, planting of turf grass, and non-native landscaping.
Removal of existing mature vegetation and existing native species shall be minimized to the greatest extent possible.
Exception for Existing Lots of Record. Nothing in sec. 17.37 CAO Critical Areas Overlay District of this Chapter shall prevent one one-family detached home from being built on any legal lot existing on the effective date of this Ordinance, provided it complies with the other development standards of this Ordinance, any grading ordinances presently in effect, and the development standards of the underlying zone. Where provisions may conflict, the most restrictive shall apply.
Protected Critical Area: Woodlands. The woodlands of the Town of Eldorado significantly contribute to the scenic attractiveness of the Town and provide habitat for numerous species of plant and animal life. The purpose of these regulations is to perpetuate the existence of woodlands.
Regulated Area. Mature woodlands wherein 20% or more of the trees have a diameter-at-breast-height (DBH) of 18 inches or more.
No trees grown for commercial purposes shall be considered a woodland.
Prohibited or Regulated Activities.
Clearing of trees shall be permitted for building footprints, driveways and sites for onsite sewage disposal systems.
Building footprints may be cleared a distance of 25 feet from the exterior walls of principal structures and 15 feet from accessory structures.
Selective pruning of remaining trees shall be permitted, provided that 70% of the original canopy is left intact.
Clear cutting on contiguous land under single ownership shall be permitted, provided that the clear-cut area not exceed the lesser of 10 acres or 30% of woodlands in any 10-year period.
An area clear-cut for commercial purposes shall not be converted or developed for another use within seven years from the date clear cutting was completed.
Other sound forestry practice techniques (as defined in ch. NR 46, Wis. Adm. Code) recommended by a qualified forester are permitted if designed to protect or enhance the woodlands.
Exception. Exceptions to these restrictions may be granted upon a showing of special needs or circumstances of the landowner.
TNDO Traditional Neighborhood Design Overlay District.
Purpose. The purpose of the TNDO Traditional Neighborhood Design Overlay District is to allow the optional development and redevelopment of land in the Town Center area of the Town of Eldorado, as identified in the Comprehensive Plan, consistent with the design principles of traditional neighborhoods.
Applicability. The TNDO Traditional Neighborhood Design Overlay District is intended to provide an area of mixed residential and essential business uses within the same structure, or same site or on adjacent sites in the more densely developed unincorporated village of Eldorado. Essential business means a small business that is necessary to sustain or enhance the community. Any uses allowed under the TNDO Traditional Neighborhood Design Overlay District for lands zoned A-1 Farmland Preservation District require a rezone out of the A-1 Farmland Preservation District prior to their approval.
Definition. A traditional neighborhood:
Is designed for the human scale.
Provides a mix of uses, including residential, commercial, civic, and open space uses in close proximity to one another within the neighborhood.
Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes.
Allows for a mixture of compatible uses within the same structure, on the same parcel, or on adjoining parcels.
Allows for interconnected buildings.
Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those streets to existing and future developments.
Retains existing buildings with historical features or architectural features that enhance the visual character of the community.
Incorporates significant environmental features into the design.
Is consistent with the Town’s adopted Comprehensive Plan.
Permitted Uses. The following uses are permitted in the TNDO Traditional Neighborhood Design Overlay District:
Any use identified as a permitted use in the R Residential District.
Any use identified as a permitted use in the C Commercial District.
Any use identified as permitted in the A-1 Farmland Preservation District existing at the effective date of this Chapter.
Any use identified as permitted in the A-2 General Agricultural District existing at the effective date of this Chapter.
Conditional Uses. The following uses may be conditionally approved in the TNDO Traditional Neighborhood Design Overlay District in accordance with sec. 17.51 Conditional Uses of this Chapter:
Any use identified as a conditional use in the R Residential District.
Any use identified as a conditional use in the C Commercial District.
Any use identified as permitted in the RD Rural District.
Any variation from the regulations and standards; dimensions; setbacks; garage and accessory structures; or sanitary sewer and personal onsite wastewater treatment systems otherwise required in the R Residential District or C Commercial District.
Regulations and Standards. The regulations and standards within the TNDO Traditional Neighborhood Design Overlay District shall be determined on a case-by-case basis during the review of the general implementation plan, per sec. 17.38(11)(b) of this Chapter, or during the Site Plan Review process for mixed residential and commercial uses, per sec. 17.52 Site Plan Permits of this Chapter, and may be based, in whole or in part, upon the existing regulations and standards within the underlying zoning district.
Dimensions of Building Sites for Unsewered One and Two-Family Dwellings. The following dimensions shall apply to the TNDO Traditional Neighborhood Design Overlay District:
The minimum lot size shall be 0.75 acre (32,670 square feet), if served by a conventional onsite wastewater treatment system; or 0.25 acre (10,890 square feet) if served by a clustered treatment system approved by the Plan Commission.
The minimum frontage shall be 50 feet.
The minimum lot width shall be 100 feet at the minimum road setback (or “build line”) unless otherwise approved by the Plan Commission.
Setbacks. The following setbacks shall apply within the TNDO Traditional Neighborhood design Overlay District:
The minimum road setback shall be determined during the initial meeting with the Plan Commission but shall be no closer to the centerline as the average distance from the centerline of the structures immediately adjacent to the proposed structure.
Within platted subdivisions, the minimum road setback is 30 feet from the right-of-way line as shown on the recorded subdivision plat.
The maximum setback shall be determined during the initial conference with the Plan Commission.
The minimum side yard setback shall be determined during the initial conference with the Plan Commission.
The minimum side yard setback for all detached garages and accessory buildings shall be determined during the initial meeting with the Plan Commission.
The minimum rear yard setback shall be determined during the initial meeting with the Plan Commission.
The minimum rear yard setback for all detached garages and accessory buildings shall be determined during the initial meeting with the Plan Commission.
The minimum setback for riparian lots shall be 100 feet; riparian lot setbacks shall comply with applicable county ordinance and state law.
Sanitary Sewers and Private Onsite Wastewater Treatment Systems. The following shall apply in the TNDO Traditional Neighborhood Design Overlay District:
Where soil conditions are such as to require larger lot sizes for subdivisions of land under the provisions of ch. SPS 383, Wis. Adm. Code and/or ch. SPS 385, Wis. Adm. Code or subsequent regulations, or the Sanitary and Private Sewage System Ordinance of Fond du Lac County, then such larger lot sizes shall be considered as required by this Chapter.
The Building Permit Officer shall require a sanitary permit issued by the County Sanitarian under the County Sanitary Ordinance prior to issuing a Town Building permit.
Mobile Homes. The following shall apply to mobile homes in the TNDO Traditional Neighborhood Design Overlay District. Whenever a mobile home, existing at the time of the adoption of the Zoning Ordinance, is removed from any premises, another mobile home permit shall not be issued to another mobile home on that premises or to any person owning, occupying or having under his control such mobile home on its premises.
An initial conference with the Plan Commission to discuss the proposal and appropriate procedures.
Submittal and approval of a general implementation plan. The plan should contain:
A general location map.
A site inventory and analysis.
A conceptual site plan.
A conceptual stormwater management plan.
Identification of architectural and site design styles of proposed and existing, adjoining structures.
Submittal and approval of a final implementation plan containing:
A final site and stormwater plan.
Detailed elevations of all proposed commercial buildings and typical elevations of proposed residential buildings.
A utilities plan.
Phasing plans, where and when applicable as determined by the Plan Commission.
Highway and Riparian Setback Requirements.
Purpose. In order to promote and enhance the public safety, general welfare and convenience, it is necessary that highway setback lines be, and they are hereby established in the Town of Eldorado, Fond du Lac County, Wisconsin, outside the limits of incorporated cities and villages; along all public highways; at the intersections of highways with highways and highways with railways as hereafter provided.
Where a highway is located on a village boundary, this section is not intended to be effective on the side within the village nor on the side within another town where the highway is located on a town boundary.
Classes of Highways and Centerlines. Highways are classified and the position of the centerline shall be determined as follows:
Class A Highways:
Town roads not otherwise classified that have been improved in accordance with engineering surveys and plans accepted by the county or Town Board.
The centerline is the midway point between fences or other markers indicating the boundaries of the highway on opposite sides thereof.
Town roads not otherwise classified that have been improved in accordance with engineering surveys and plans accepted by the County or Town Board.
The centerline is at the center of the surfacing or pavement, or, if there is none, the center of graded roadbed.
Roads and streets in platted subdivisions not otherwise classified.
The centerline is the midpoint between the right-of-way lines or as shown on the recorded plat.
The centerline is at the middle point between the right-of-way lines.
Class B Highways.
All roads classified by Fond du Lac County as county trunk highways.
The centerline is at the midway point between fences or other markers indicating the boundary on opposite sides thereof.
Class C Highways.
State Trunk Highways, except as hereinafter provided, that have been approved according to surveys and plans of the State Highway Commission or plans accepted by the County Board, and the United States Highways.
The centerline is the center of the roadbed, or the center of the surfacing or pavement of the adjacent lane, if the highway is to be paved as a double-divided road.
Class D Highways.
Federal highways, as part of the U.S. Interstate highway system.
Structures Prohibited Within Setback Line. No new building, new sign, or other structure or part thereof shall be placed between the setback lines established by this ordinance and the highway, except as provided by this ordinance, and no building, sign or structure or part thereof existing within such setback lines on the effective date of this ordinance shall be altered, enlarged or added to in any way that increases or prolongs the permanency thereof, or be reconstructed in its original existing location after having been destroyed by fire, storm or other catastrophe to the extent of 50% or more of its current value as determined by the local assessor.
Structures Permitted Within Setback Lines. The following kinds of structures may be placed between the setback line and the highway or the water line:
Open fences as laid out in sec. 17.20 Fences of this Chapter.
Telephone, telegraph and power transmission poles and lines, and micro-wave radio relay structures may be constructed within the setback lines, and additions to and replacements of existing structures may be made, providing the owner file with the Plan Commission of the Town of Eldorado an agreement in writing to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of this ordinance at his expense, when necessary for the improvement of the highway.
Underground structures not capable of being used as foundations for future prohibited over ground structures.
Access or service highways constructed according to plans as approved by the Plan Commission. In giving such approval, the Plan Commission shall give due consideration to highway safety and maximum sight distances.
This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees; provided, however, that no building or structure, trees or shrubbery, shall be so located, maintained or permitted to grow so that the view across the sectors at the intersections shall be obstructed.
Setback Distances. Except as otherwise provided, the distances from the centerline to the setback line applicable to the various classifications of highways as defined by sec. 17.50 (2) of this Chapter, shall be as provided by the following paragraphs of this subsection, respectively:
Whenever a highway is improved to a classification requiring a greater setback distance than that required by this ordinance prior to such improvement, the setback distance shall be that applicable to the latter classification.
In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail.
Along Highways Generally. The setback distance from the centerline, at any point, for the respective classes of highways shall be as follows:
Whenever a highway is improved to a classification requiring a greater setback distance than that required by this ordinance prior to such improvement, the setback distance shall be that applicable to the latter classification.
In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail.
At Highway Intersections with Transitional Widening. At intersections provided with transitional widening of pavement or surfacing, such transitional widening shall be considered as additional width, and the setback line on the side which is widened, shall be increased by an amount equal to the width of the additional pavement.
At Highway Intersections with Curve Connections. At intersections where the intersecting highways are connected with pavement or surfacing constructed on a curve, the pavement or surfacing on the curve shall be classified as provided by sec. 17.50(2) of this Chapter and the setback distance along the curve shall be measured from the center of the curved section determined accordingly.
At Railroad Grade Crossings. At railroad grade crossings, there shall be vision clearance triangles in each sector of such intersection. Each such vision clearance triangle shall be established by a supplementary setback line which shall be a straight line connecting points on the railway right-of-way line and the highway setback line and 75 feet back from the intersection of such highway setback lines and such railway right-of-way line.
Definition. A conditional use is a use which is necessary or desirable for public welfare, but which is potentially incompatible with the uses normally permitted in the Zoning District established herein. It is hereby declared the policy and purpose of this ordinance to employ the conditional use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety, welfare, and individual property rights.
Application. Applications for Conditional Use permits shall be made to the Town on forms furnished by the Clerk and shall include the following:
Fifteen copies of a map (preferably a topographic map), drawn to a scale of not less than 100 feet to 1 inch showing the land in question; its legal description and location; location and use of existing buildings; sanitary systems and private water supplies on such land; the high water elevation of any navigable water within 100 feet of the land in question; and the proposed location and use of any buildings, sanitary systems and wells on such land and within 100 feet of such land in question and any and all information listed in sec. 17.52 Site Plan Permits of this Chapter, if required.
The names and complete mailing addresses, including zip codes, of the owners of all properties within 300 feet (0.5 mile from the property line for quarry operations) of any part of the land included in the proposed use.
Additional information as may be required by the Building Permit Officer, Town Planner, Town Plan Commission or Town Board.
A fee, as may be established and periodically modified, shall accompany each application. Such fee shall be paid by cash, check, or money order to the Town Clerk. Costs incurred by the Town in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of conditions to be imposed shall be charged to the applicant.
Where necessary to comply with the certain Wisconsin Statutes, an application will be submitted to the Wisconsin Department of Natural Resources (WDNR).
The site plan and plan of operation form furnished by the Town shall be submitted to the Town Clerk prior to scheduling a Plan Commission meeting.
Public Hearing. Upon receipt of the application, foregoing data and fees, the Town Clerk shall establish a date for a joint public hearing and shall publish notice of the hearing once each week for two consecutive weeks in the official newspaper for a Class 2 notice per ch. 985, Wis. Stats. Notice of the public hearing shall be given to the owners of all lands within 300 feet of any part of the land included in such conditional use by mail at least 10 days before such public hearing. A copy of the notice of public hearing along with pertinent information relative to the specific nature of the matter (copy of application and map) shall be transmitted to the Town Planner, Plan Commission, and Town Board. Testimony of all interested parties will be heard at the public hearing. The Plan Commission will approve, conditionally approve or deny the application based upon the testimony provided, the staff report submitted by the Town Planner, and a determination as to whether the proposed action is consistent with the Town of Eldorado Comprehensive Plan and any other relevant Town plans, ordinances, or rules.
Authorizing Conditional Use Permits. Conditional Use permits may be authorized by the Plan Commission when it appears:
That it is reasonably necessary for the public convenience at that location; or,
That it is so designed, located and proposed as to be operated so that it will not be injurious to the district in which it shall be located or otherwise detrimental to the public welfare; and,
That it conforms to the applicable regulations and standards and reserves the essential character of the district in which it shall be located; or,
That in the case of an existing nonconforming use will make such use more compatible with its surroundings.
Final Review and Approval. The Plan Commission shall review the proposal as submitted. Any conditions deemed necessary by the Plan Commission or other governmental agencies may be made an integral part of the permit. These conditions shall be complied with by the applicant and any deviation or alteration of those conditions set forth in the permit shall constitute a violation of the terms of the Conditional Use permit. Such violation shall constitute a violation of this Chapter and will be subject to prosecution and penalties under the terms of this Chapter.
Determination. The Plan Commission, 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 Conditional Use permit shall be based upon and include as conditions thereto the building, site and operational plans for the development as approved by the Plan Commission. The conditions of approval or reasons for disapproval shall be stated in writing by the determining body and a copy made a permanent part of the minutes of such body.
Application for Changes and Additions. Any subsequent change or addition to the Conditional Use permit, plans or uses shall first be submitted for approval to the Plan Commission through the procedure of application for conditional use permits detailed herein and if, in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Plan Commission shall be required and notice thereof be given pursuant to the provisions of sec. 17.51(3) of this Chapter. At the discretion of the Plan Commission minor changes which are consistent with the approved Site Plan may be permitted without a public hearing. A minor change is one in which the proposed change does not significantly affect the overall character of the site or intensity of the use and is consistent or compatible with the Site Plan and Plan of Operations. All proposed changes, additions or alterations shall be submitted to the Plan Commission for approval.
Term of Approval. Unless otherwise specified a Conditional Use permit shall be continued as long as the operation is uninterrupted, and none of the approved conditions are violated or changed. Conditional Use permits for structures shall be reviewed by staff annually. Annual review of the conditions for a Conditional Use permit, for other than structures, shall be required by the Plan Commission on the anniversary date of the approval, or as determined by the Plan Commission.
Revocation of Conditional Use. Conditional Use permit will be revoked when, after public hearing, the Plan Commission determines any of the following:
A permit applicant, his heirs or assigns, fails to comply with or to continue in conformity with the conditions of the permit issued by the Plan Commission.
A change in the character of the surrounding area or in the conditional use itself causes such use to be no longer compatible with surrounding uses.
The conditional use has been discontinued or not utilized for a period of 12 consecutive or 18 cumulative months in a three-year period. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (i.e., summer camps, snowmobile courses, ski area, quarries, etc.) Upon such determination, the owner of the premises shall be required to bring all such lands and buildings into conformity with the district regulations of the district in which such former conditional use is located, and all other provisions of this Chapter within 90 days from such determination.
Notice to DATCP. A notification of each Conditional Use permit granted in the A-1 Farmland Preservation District shall be transmitted to the Department of Agriculture, Trade, and Consumer Protection (DATCP).
Site Plan Permits.
Purpose. The Town Board recognizes that zoning, by itself, does not guarantee that new development will integrate into the community. Often, a legally-allowable use may, nonetheless, be incompatible with its proposed environment due to various design factors. Site plan review provides the Town with an opportunity to regulate development to ensure that structures and sites fit harmoniously into the surrounding environment.
Applicability. A Site Plan review permit is applicable to permitted and conditional uses in the C Commercial and I Industrial Districts and may be required for mixed residential and commercial uses within the TNDO Traditional Neighborhood Design Overlay District. Except for buildings and accessory structures consistent with agricultural uses, a Site Plan permit shall be required for any of the following activities:
Expansion of an existing use that involves a floor space increase of 20% or more within any 10-year period.
Change of business or other activity that requires an increase of 10% or more in the number of off-street parking spaces.
Alteration or expansion of an existing parking lot that affects greater than 10% of the total number of parking spaces.
Remodel or exterior alteration of any building or other structure, the cost of which exceeds 5% of the structure’s total fair market value as determined by the Permit Issuer.
Initiation of Process; Payment of Fee. The site plan review process shall be initiated prior to the commencement of any site disturbing activities such as grading, filling, vegetation removal, etc. associated with the proposed activity. Payment of the appropriate fee, as set forth by the Town Board in the Town of Eldorado Fee Schedule, shall be made at the time of the pre-application conference.
Pre-application Conference. To assist the Town and the applicant in the site plan review process, an applicant for site plan review may arrange for a pre-application conference with the Plan Commission by submitting forms and sketch plans as prescribed by the Permit Issuer prior to submission of a formal application. A pre-application conference need not include extensive field inspection or correspondence. The purposes of the pre-application conference are to bring about an informal discussion regarding a proposed project, and to assist the applicant by identifying the following:
Requirements for submittal, including any other types of permits necessary to complete the proposal.
Applicable community plans, goals, policies, codes or guidelines and possible revisions to the proposed project that will enhance the proposal with respect to these requirements.
Required plans, studies, reports, and/or other materials specific to the proposal that will provide necessary information for staff to review the project.
The discussion at the pre-application conference shall not bind or prohibit the community’s future enforcement or application of its codes and ordinances.
Formal Application. Application for site plan review shall include the documents described under “Submission Requirements” below as may be required by the Plan Commission in its discretion. A copy of the site plan shall be given by the applicant to the Town Clerk to be kept on file for public inquiry. After the application is determined to be complete for purposes of further processing, the Commission may transmit copies of the site plan documents to the Permit Issuer, Zoning Administrator or other consultant(s), official(s) as deemed necessary, in order to solicit comments. The reviewing officials shall then submit written comments to the Plan Commission within 21 days concerning the potential impacts of the proposed development on the objectives listed under “Standards of Review” below, and any recommended conditions or remedial measures to accommodate or mitigate these expected impacts. Failure of any of the aforementioned parties to respond within the allotted time shall be interpreted as approval of the site plan as proposed.
Submission Requirements. A site plan shall be prepared on standard 24” x 36” sheets, with continuation on 8-1/2” x 11” sheets as necessary for written narrative. The Permit Issuer or other decision-making body may require any of the following items as part of the formal site plan submission:
Name of the project, boundaries, and location maps showing the site’s location in the community, date, north arrow and scale of the plan.
Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect.
Names and addresses of all owners of record of abutting parcels and those within 300 feet of the property line.
All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses and the location and use of structures within 300 feet of the site.
The location and use of all existing and proposed buildings and structures within the development. Include all dimensions of height and floor area, and show all exterior entrances, and all anticipated future additions and alterations.
The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping walls and fences.
Location, type, and screening details for all waste disposal containers shall also be shown.
The location, height, intensity and coverage area of all external lighting fixtures.
The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
The location, height, size, materials, and design of all proposed signage.
The location of all present and proposed utility systems including sewage system; water supply system; telephone, cable and electrical systems; storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes and drainage swales.
Soil logs, percolation tests and storm runoff calculations for large or environmentally sensitive developments.
Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties as applicable.
Existing and proposed topography at two-foot contour intervals. If any portion of the parcel is within the 100-year floodplain, the area shall be shown and base flood elevations given. Indicate areas within the proposed site and within 50 feet of the proposed site, where ground removal or filling is required, and give its approximate volume in cubic yards.
A landscape plan showing all existing natural land features, trees, forest cover and water sources, and all proposed changes to these features including size and type of plant material. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains and drainage retention areas.
Zoning district boundaries within 500 feet of the site’s perimeter shall be drawn and identified on the plan.
Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site.
For new construction or alterations to any existing building, a table containing the following information:
Area of building to be used for a particular use such as retail operation, office, storage, etc.
Maximum number of employees.
Maximum seating capacity, where applicable.
Number of parking spaces existing and required for the intended use.
Elevation plans at a scale of 1/8” = 1’ for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s) showing design features and indicating the type and color of signs to be used.
Procedure. For proposals not requiring a Conditional Use permit, the Plan Commission shall issue a recommendation to the Town Board regarding its decision on the application within 30 days after the determination that the application is complete. For proposals also requiring a Conditional Use permit, the Plan Commission shall issue its decision on the site plan application no later than seven days after the public hearing on the proposed Conditional Use permit if such Conditional Use permit is granted.
Recommendation of the Plan Commission. The Plan Commission’s recommendation to the Town Board shall consist of either:
Criteria for Review. During the site plan review process, the Plan Commission shall review the site plan and supporting documents to assess the reasonable fulfillment of the following listed objectives:
Legal. Conformance with the provisions of the ordinances and rules of the State of Wisconsin, Fond du Lac County and the Town of Eldorado.
Traffic. Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
Parking. Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting, and internal traffic control.
Services. Reasonable demands placed on community services and infrastructure.
Pollution Control. Adequacy of methods for sewage and refuse disposal, and the protection from pollution of both surface waters and groundwater. This includes minimizing soil erosion both during and after construction.
Nuisances. Protection of adjacent and neighboring properties and community amenities from any undue disturbance caused by excessive or unreasonable noise, fumes, smoke, dust, odors, glare, stormwater runoff, etc.
Existing Vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
Amenities. The applicant’s efforts to integrate the proposed development into the existing landscape through design features such as consistent and complimentary architectural design, vegetative buffers and/or the retention of open space.
Character. The building setbacks, area and location of parking, architectural compatibility, signage and landscaping of the development, and how these features harmonize with the surrounding built environment and natural landscape.
Decision. The Town Board shall issue a final decision on all site plan permits. The Town Board’s decision shall consist of either:
Approval of the site plan.
Approval of the site plan subject to any conditions, modifications or restrictions as imposed by the Town Board.
Disapproval of the site plan.
Zoning Board of Appeals. Under the provisions of s. 62.23 (7) (e) Wis. Stats. or subsequent statutes, there is hereby established a Board of Appeals.
Organization of Board of Appeals. The Board of Appeals shall consist of seven members- five regulars and two alternates- appointed by the Town Chairman and subject to confirmation of the Town Board, for terms of three years, except that of those first appointed, one shall serve for one year, two for two years and two for three years. The members of the Board shall serve at such compensation to be fixed by ordinance. The Town Chairman shall designate one of the members chairman. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.
Meetings of the Board of Appeals. The Board shall adopt rules in accordance with the provisions of this section. Meetings of the Board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
Power of the Board of Appeals. The Board of Appeals shall have the following powers:
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination by an administrative official in the enforcement of this Chapter.
Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer of the Town affected by any decision of the Town. Such appeal shall be taken within 20 days by filing with the Town and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Town shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the actions appealed from were taken.
The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matters referred to it and give public notice thereof by a Class 1 notice under ch. 985, Wis. Stats. or subsequent statutes, in an official paper or a paper of general circulation in the Town of Eldorado and by posting notices in three public places as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.
To interpret the provisions of this ordinance where the street layout on the ground differs from the Official Zoning Map.
To authorize upon appeal in specific cases, a variance from the standards of the ordinance as will not be contrary to the public interest. Variations for uses shall not be granted by the board. A variance for the purpose of this ordinance shall not be granted unless:
A written application for a variance is submitted demonstrating:
That special conditions exist which are peculiar to the land or structure involved which are not applicable to other lands or structures in the same district.
That literal enforcement or the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other lands or structures in the same district under the terms of this ordinance.
That the special conditions and circumstances do not result from the actions of the applicant.
That the granting of the variance request will not confer on the applicant any special privilege that is denied by this ordinance to other lands or structures in the same district.
No nonconforming use of neighboring lands or structures in the same district, and no permitted use of land or structures in other districts shall be considered grounds for the issuance of a variance.
The application is in proper form and a fee as specified in sec. 17.56 Fees of this Chapter has been paid. The board shall hold a public hearing on such matter in accordance with the provisions of sec. 17.53(3)(g) of this Chapter. Reasonable special conditions and safeguards for the protection of the public health, safety, and welfare may be imposed by the board if it grants the application for variance.
Public Hearing. Upon receipt of the application, foregoing data and fees, the Clerk shall establish a date for a public hearing and shall publish notice of the hearing once each week for two consecutive weeks in the official newspaper for a Class 2 notice per ch. 985, Wis. Stats. or subsequent statutes. Notice of the public hearing shall be given to the owners of all lands within 300 feet of any part of the land included in such conditional use by mail at least 10 days before such public hearing. A copy of the notice of public hearing along with pertinent information relative to the specific nature of the matter (copy of application and map) shall be transmitted to the Zoning Board of Appeals, Plan Commission, and Town Board. Testimony of all interested parties will be heard at the public hearing and the Zoning Board of Appeals will issue a final ruling.
Exercise of Power.
In exercising the above mentioned powers, such board may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit.
The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in such ordinance. The grounds of every such determination shall be stated.
It shall be the duty of the Building Inspector or Building Permit Officer to enforce the provisions of this Chapter.
Role of the Building Inspector. The Building Inspector shall be responsible for issuing the Universal Building Code (UBC) permit for all new homes and commercial buildings; for remodel work that entails a cost greater than 50% of the appraised value of the structure; for remodel work that entails a cost 50% or less than the appraised value of the structure when requested by the Building Permit Officer; and, the Occupancy permit.
Role of the Building Permit Officer. The Building Permit Officer shall be responsible for compliance with the Eldorado Town Code. The Building Permit Officer shall issue Land Use permits, Driveway/Culvert permits, Demolition permits when the dwelling or structure has taxable value, Building permits for residential and commercial remodel work that is 50% or less of the appraised value of a structure, and all other permits related to this Chapter excepting Conditional Use permits, Site Plan permits, CAO permits, and those issued by the Building Inspector. At the discretion of the Building Permit Officer, a Universal Building Code (UBC) permit may be required for residential and commercial remodel work that is 50% or less of the appraised value of the structure when the Building Permit Officer determines that the extent of the remodel work warrants such a review and approval.
The Building Permit Officer shall prepare a record of all buildings structures and mobile homes situated within the setback lines as established by this Chapter, or any amendments thereto, which shall include the distances of such buildings, mobile homes or structures from the centerline of the adjacent highway, their size, type of construction and use, the quarter section in which they are situated, the names and addresses of the owner and occupant of the premises and the date upon which the record is made. Such record shall be kept current with the Town Clerk and shall show any such buildings, structures or mobile homes that may be removed or damaged to the extent that their reconstruction will be contrary to this ordinance.
No building or structure shall hereafter be created, moved or structurally altered, except as herein after provided, until a permit therefore shall be applied for and issued. No permit shall be issued until the Building Permit Officer has satisfactory proof that the premises are in full compliance with Chapter 18: Land Division and Subdivision Regulations of the Eldorado Town Code and the Fond du Lac County Shoreland Zoning Ordinance, and that a Fond du Lac County Sanitary Permit for the installation of a private sewage system to serve the premises has been issued, except that lots served by public sewer shall not require a sewer permit.
No Land Use permit shall be required for farm buildings and structures having a ground area of less than 300 square feet, not permanently fixed to the ground and readily removable in their entirety, but this exemption shall not apply to roadside stands used for the sale of farm products or other goods or services.
All applications for a Land Use permit shall be accompanied by plans in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building, the lines within which the building shall be erected, altered or moved, the existing and/or intended use of each building or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this ordinance. The above requirements as to plans shall not apply to roadside stands, or to farm buildings having a ground area of less than 300 square feet and not intended for human habitation. It shall be sufficient for the owner or his agent, in applying for a Land Use permit for such buildings, to furnish the Building Permit Officer with such information as is necessary to show compliance with the health, sanitary and safety provisions of the state codes and with the requirements of this ordinance.
All dimensions shown relating to the location and size of the lot shall be based upon an actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
Certificate of Compliance. No vacant land shall be occupied or used and no building or mobile home hereafter erected, altered or moved shall be occupied until the certificate of compliance shall have been issued by the Building Permit Officer. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this Chapter. Such certificate shall be issued only when the building or premises and the proposed use thereof conform with all the requirements of this Chapter.
Under such rules and regulations as may be established by the Town Board, the Building Permit Officer may issue a temporary certificate of compliance for part of a building.
Upon written request from the owner, the Building Permit Officer shall issue a certificate of compliance for any building or premises existing at the time of the adoption of this Chapter, certifying after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of the Chapter.
Time Limit on Permits.
The time limit for permits issues pursuant to this Chapter are as follows:
Building permits – 12 months from the date of issuance.
Land Use permits – 12 months from the date of issuance.
Driveway/Culvert permits – 90 days from the date of issuance.
Recipients of Driveway/Culvert permits must comply in all respects with the requirements of the Town of Eldorado Driveway Ordinance.
Demolition permits – 12 months from the date of issuance.
Recipients of Demolition permits must comply in all respects with the requirements of the Town of Eldorado Driveway Ordinance if heavy equipment is to be used.
The permittee shall initiate substantial work or improvements prior to the termination of the time limits as presented above. If substantial work or improvements have not begun prior to the date of issuance, the permit issued pursuant to this section shall lapse and the permittee shall be required to reapply as set forth above in this section. Consideration of "substantial work or improvements" shall include but is not limited to the following factors; amount of labor; expenditures; economic value of materials and labor; hardship to the owner; reasons for delay in construction; and such other factors as the Building Inspector or Building Permit Officer deem relevant. The decision of the Building Inspector or Building Permit Officer on this matter may be appealed to the Board of Appeals.
All existing mineral extraction operations lawfully operated and existing shall be considered nonconforming uses and may be continued provided that they have worked prior to the date of the adoption of this provision of this ordinance, and that they be registered with the Building Permit Officer within one year of the date of this provision of the Chapter.
Fees are established periodically by the Town Board in the Town of Eldorado Fee Schedule. Permit fees may be changed by a vote of the Town Board. Reference the current Fee Schedule for appropriate fees.
Fees in an amount determined by the Town Board are required to be paid by the applicant for a Universal Building Code (UBC) permit, Building permit, Land Use permit, Culvert permit or Demolition permit, or for a certificate of occupancy where no UBC permit or Building permit was required. The fee shall be paid to the issuer of the permit.
A fee in an amount determined by the Town Board is required to be paid by the applicant for each application or appeal, which fee shall be paid to the Town Clerk and receipt therefore filed with the application. This fee shall not be required of any Town officer acting in his official capacity.
A fee in an amount to be determined by the Town Board is required for any petition for the amendment of this zoning ordinance, which fee shall be paid to the Town Clerk and receipt therefore filed with the amendment petition. In addition thereto, a petitioner shall be charged with the cost of the official newspaper publication of the notice of hearing. This provision shall not apply to amendments initiated by the Plan Commission.
An application for a Universal Building Code (UBC) permit or Building permit shall be made in conformity with the requirements of the building code ordinance of the Town of Eldorado and shall include, for the purpose of proper enforcement of the regulations of this ordinance, the following data:
An accurate plat or survey of the lot drawn to a reasonable scale and properly dimensioned showing:
The boundaries of the lot.
The location of any existing structures on the lot.
The location of the proposed building or buildings on the lot.
The location of the centerline and the existing and/or established grade of the abutting street or streets.
The proposed floor elevation of the building or buildings to be erected.
The high water line of any stream or lake on which said lot abuts.
A plan of the proposed sewage disposal system, which is not connected to an approved municipal sewerage system, shall require the certification that the satisfactory sewerage disposal is possible for the proposed use of said lot.
Satisfactory evidence that a safe and adequate supply of water is to be provided and the location of any well for that purpose on the property.
Violations and Penalties.
Any building, structure or mobile home hereafter erected, enlarged, altered, repaired or moved or any use hereafter established in violation of any of the provisions of this ordinance shall be deemed an unlawful building, structure or mobile home or use. The Building Permit Officer shall promptly report all such violations to the Town.
Any person, firm, corporation or organization that violates, neglects or refuses to comply with or resists the requirement of this ordinance, shall upon conviction be punished by a fine of not less than $200.00 or more than $500.00 together with the costs of prosecution, including reasonable attorney’s fees, and in default of payment thereof by imprisonment in the County Jail of Fond du Lac County until such fine and costs are paid but not to exceed 30 days. Whenever a person shall have been notified by the Building Permit Officer or a member of the Town Board that he is in violation of the provisions of this ordinance, such person shall commence correction of all violations within seven days after notice, and shall correct all violations within 30 days of notice, each day that a violation continues shall be considered a separate offense for purposes of determining the amount of the minimum fine. No person shall be issued or re-issued a Universal Building Code (UBC) permit, Building permit, a Conditional Use permit or any other permit under this ordinance if said person:
Fails to meet or comply with the building codes established by the Town.
Fails to meet or comply with the provisions of the Town Zoning Ordinance.
Fails to comply with Fond du Lac County or State of Wisconsin Zoning and Building Code requirements.
Fails to pay all relevant fees for UBC permit, Building permits, and other charges imposed by the Town.
Fails to comply with any special orders or conditions imposed by the Building Inspector, Building Permit Officer, Plan Commission, Town Board, or Zoning Board of Appeals.
In the event any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of this ordinance, the Town Board or any adjacent/neighboring property owner who would be damaged by such violation may, in addition to other remedies and fines provided herein, institute appropriate legal action or proceedings to prevent, restrain, correct or abate such violation to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
Changes and Amendments.
When any amendment of the district boundaries or of the regulations contained in this ordinance shall be petitioned for by any interested party or moved by the Town Board, the Town Board shall appoint the Plan Commission to formulate a tentative draft of such amendment and recommend the same to the Town Board. Before adoption of such amendment by the Town Board, the Town Board shall give notice as a Class II notice under ch. 985, Wis. Stats. The Town Board may direct the Plan Commission to report its recommendations at specified times of the year, but at least twice in any calendar year.
In case a protest is presented against such amendment, duly signed and acknowledged by the owners of 20% of more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by unanimous vote of the Town Board.
Validity and Conflicts. Should any section, clause, or provisions of this Chapter be declared by courts to be invalid, the same shall not affect the validity of the Chapter as a whole, or any part thereof, other than the part so declared to be invalid.
Adoption. This Chapter is a creation of the Zoning Ordinance for the said Township passed and adopted and all amendments thereto and the zoning map adopted with the adoption of this initial ordinance; it is hereby adopted and made a part of this ordinance as is the map referred to in this ordinance. Map entitled District Map for the Town of Eldorado, Fond du Lac County, Wisconsin.