Ordinances
TOWN OF BLACK WOLF

380 E. Black Wolf Avenue

Oshkosh, WI  54902

Phone:  (920) 688-1404     Fax: (920) 688-1405

E-mail:  tbw@northnet.net

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Zoning Administrator, Tom Verstegen, is in the Town Hall Office on Monday and Tuesday evenings from       5:00 p.m. to 7:00 p.m.; other times by appointment only. 

The Zoning Ordinance booklet can be purchased from the Town Hall Office. The fee is $15.00.

NOTE:  Chapter 20-Subdivision and Platting follows the Zoning Ordinances section.

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TOWN OF BLACK WOLF ZONING ORDINANCE

(Amended 10/27/01)

NOTE: The Zoning Ordnance booklet can be purchased at the Town Hall. 

TABLE OF CONTENTS:  Section 1. Introduction   Section 2. General Provisions   Section 3. Zoning Districts   Section 4. Conditional Uses   Section 5. Traffic and Parking Regulations   Section 6. Modifications   Section 7. Sign Regulations   Section 8. Non-Conforming Uses, Structures and Lots   Section 9. Performance Standards   Section 10. Board of Appeals   Section 11. Changes and Amendments

Section 1. Introduction

 1.1    Authority. This Ordinance is adopted under the authority granted by Sections 59.97, 60.18 (12), 60.29 (21), 60.74 (7), 61.35 and 62.23 of the WI Statutes.  The Town Board of the Town of Black Wolf, Winnebago County, Wisconsin, do ordain as follows:

 1.2    Purpose. The purpose of this Ordinance is to promote the health, safety, morals, beauty, aesthetics and general welfare of this Town.

 1.3   Intent. The general intent of this Ordinance is to produce a uniform zoning format for the Town of Black Wolf.

 1.4   Abrogation and Greater Restrictions. It is not intended by this Ordinance to interfere with, abrogate or annul any existing easements, covenants or other agreements between parties,  nor is it intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or rules, regulations or permit previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, whenever this Ordinance, or The Town of Black Wolf Subdivision Ordinance imposes greater restrictions, the provisions of this Ordinance shall control. In addition, the provisions of the Winnebago County, Wisconsin, Shoreland/Flood Plain, Subdivision and Airport Zoning Ordinances, as adopted by said County as of the date of this Ordinance and as they may later be amended are incorporated by reference. Whenever the Winnebago County Shoreland/Flood Plain, Subdivision or Airport Zoning Ordinances conflict with applicable underlying provisions of this Zoning Ordinance or the Town of Black Wolf Subdivision Ordinance, the more restrictive combinations of such ordinances shall govern.

 1.5   Interpretation. The provisions of this Ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, beauty, aesthetics and general welfare of the Town of Black Wolf, Winnebago County, Wisconsin, and shall be liberally construed in favor of the Ordinance.

 1.6v Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

1.7     Effective Date. This Ordinance shall be effective as of 12:01 A.M., on the day after the last to occur of: enactment by the Town Board of the Town of Black Wolf; approval by the County Board of Winnebago County; referendum approval by the electors of the Town of Black Wolf, pursuant to §60.74(7) of the Wisconsin Statutes, of the exercise of Town zoning; and publication.

1.8      Title. This Ordinance shall be known as, referred to, or cited as the "Town of Black Wolf Zoning Ordinance."

1.9       Definitions. For the purpose of this Ordinance, the definitions set forth in this section shall be used. Words used in the present tense include the future. The singular number includes the plural number; the plural number includes the singular. The word "shall" is mandatory and not permissive. For technical terms not defined in this section, the definitions of ASPO Report No. 322 are incorporated by reference. Shoreland definitions set forth in Chapter NR 116 of the Wisconsin Administrative Code are incorporated by reference.

ACCESSORY USE OR STRUCTURE

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

         ADVERTISING SIGN

A sign, including, but not limited to, a billboard, which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located.

         AIRPORT

The Wittman Field Airport and all County land area associated with same as located in Sections 34 and 35, T18N, R16E and Sections 2 & 11, T17N, R16E, Winnebago County, Wisconsin.

          AIRPORT HAZARD

Any structure object of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.

         ALLEY

A special public right‑of‑way affording only secondary access to abutting properties.

         ANIMAL GROOMING

Where not involving any kennel uses, shall be the equivalent of a barbershop, or beauty salon for animals.

BOARDING HOUSE

A building other than a hotel or restaurant where meals or lodging are regularly furnished by pre-arrangement for compensation for four (4) or more persons not members of a family, but not exceeding twelve (12) persons and not open to transient customers.

BOATHOUSE

Any structure designed for the purpose of protecting or storing boats for non-commercial purposes and without provision for human habitation.

BUILDABLE AREA

The space remaining on a lot after the minimum open‑space requirements and yard setbacks have been met.

BUILDING

Any structure having a roof supported by columns or walls used or intended to be used for shelter or enclosure of persons, animals, equipment, machinery or materials.

 BUILDING AREA (synonymous with floor area)

The total living area bounded by the exterior walls of a building at each floor level, but not including basement, garages, porches, breezeways, and unfinished attics.

 BUILDING HEIGHT

The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges or gable, gambrel, hip and pitch roofs, or to the deck line of mansard roofs except where otherwise specified in other sections of this ordinance.

 BULKHEAD LINE

A boundary line established along any section of the shore of any navigable waters by a municipal ordinance approved by the State Department of Natural Resources, pursuant to Section 30.11 of the Wisconsin Statutes. Filling and development is only permitted to the landward side of such bulkhead line.

 BUSINESS SIGN

A sign pertaining to goods sold or manufactured or services rendered on the premises upon which the sign is located.

 BY‑PASS CHANNEL

A channel formed in the topography of the earth's surface to carry storm water runoff through a specific area.

 CAMPGROUNDS

As defined in Wisconsin Administrative Code Chapter HFS 178.

 CERTIFICATE OF COMPLIANCE

Official certification that a premise conforms to the provisions of the zoning ordinance (and, if applicable, the town building code).

 CHANNEL

Those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well established banks.

CLINIC ‑ MEDICAL OR DENTAL

A group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed‑patient care.

CLOTHING STORES

 Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery, and millinery shops.

CONDITIONAL USES

Use of a special nature as to make impractical their predetermination as a principal use in a district.

CONDOMINIUM

A structure having two (2) or more dwelling units, each assigned to individual ownership, but located on a lot having common ownership and use arrangement.

CONSERVATION STANDARDS

Guidelines and specifications for land and water conservation practices and management enumerated in the Technical Guide prepared by the U.S. Department of Agriculture, Land Conservation Service, for the County, adopted by the County Land and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities, from which the landowner selects that alternative which best meets his needs in developing his land and water conservation plan.

 CONVERSION

Changing the original purpose of a building to a different use.

 CORRIDORS, ENVIRONMENTAL

Those contiguous lands which contain a significant grouping of sensitive lands, such as wood lots; streams; wildlife areas such as wetlands, marshes, bogs, native vegetation, etc. which form an elongated pattern that tie these lands together into broad corridors having outstanding quality for the enhancement of the scenic and natural environment of the Town of Black Wolf.

 DEVELOPMENT

Any activity which results in an alteration of either land or vegetation, except farming and normal grading and filling, for purposes of changing to or intensifying existing uses in agricultural, residential, business, recreational, institutional, or industrial property.

 DIGITAL COMPILATION

An electronic method of mapping and storing map and text data in a raster, vector, text, or similar format within a computerized records system.

DIRECTIONAL SIGN

An on-premises sign for the purposes of directing patrons or attendants to a business establishment, club, church, or other such organization, off the main traveled highway (without advertising, text, or art).

DITCHING

The creation or maintenance of a channel-like land area designed or used for carrying surface water runoff, including snow melt, from one location to another.  Ditching does not include municipal work within public rights-of-way, nor such things as vegetation removal or planting.

DRAINAGE

A general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping; commonly applied herein to surface water.

DWELLING UNIT

A structure having provisions for living, cooking, sanitary and sleeping facilities, arranged for the use of one (1) person or by two (2) or more persons maintaining a common household, to the exclusion of all others.  If two living areas have separate exiting and no common use areas, then they are separate dwelling units.

DWELLING ‑ SINGLE (ONE) FAMILY *

A permanent structure ‑ placed on a permanent foundation, having one (1) or more rooms with provisions for living, sanitary and sleeping facilities arranged for the use of one (1) person or by two (2) or more persons maintaining a common household, to the exclusion of all others. The structure shall be located on a private lot and surrounded on all sides by a private yard. These dwellings shall include site built, manufactured, and modular homes. In no event shall a mobile home be considered as a single family dwelling.

DWELLING ‑ TWO FAMILY (DUPLEX)*

A permanent structure having two (2) dwelling units combined into one structure. The structure shall be located on one (1) private lot and surrounded on all sides by a private yard. These dwellings shall include site built, manufactured, and modular homes. In no event shall a mobile home be considered as a two family dwelling.

DWELLING ‑ MULTI‑FAMILY (APARTMENT)

A permanent structure having three (3) or more dwelling units ‑ combined into one structure ‑ for occupancy by three (3) or more families.

EFFICIENCY

A single family dwelling unit consisting of one (1) principal room with no separate sleeping rooms.

ESSENTIAL SERVICES (On-site or Public)

Services provided by public and private utilities, necessary for the reasonable exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam and water services, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water pumps, lift stations, and hydrants, but not including buildings used or intended to be used for human habitation.

EXCAVATION

Any act by which organic matter, earth, sand, gravel, rock or any other material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.

FAMILY

Any number of persons living together and cooking on the premises as a single house ‑ keeping unit together with all necessary employees of the family.

FENCE

Any artificially constructed barrier or berm of any material or combination of materials erected to enclose or to screen areas of land.

FILL/FILLING

Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.

 FLOATING ZONE (unmapped)

A zoning district whose requirements are fully described in the text of the ordinance but which is unmapped. It is "anchored" to the land in response to an application for a zoning permit when the standards of the floating district are met. It then overlays the previous zoning designation.

 FLOOD PLAIN

The land adjacent to a body of water which has been or may be hereafter covered by flood water, as defined by chapter NR115 of the WI Administrative Code.

 FLOODWAY

The channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood water or flood flows of any river or stream.

 FRONTAGE

The smallest dimension of a lot abutting a public street measured along the street lines.

GRADE/GRADING

The alteration of the elevation of the land surface by stripping, excavating, filling, stockpiling of soil materials or any combination thereof and shall include the land from which the material was taken or upon which it was placed.

GRADE (HOUSE)

The final ground surface elevation, after construction, at the point where the exterior walls of the structure either meet, or emerge from the ground except where floodplain requirements apply.  Sloping sites will have more than one grade as appropriate.  This point shall normally be the highest elevation of the building site.

GARAGE (PRIVATE)

A structure primarily intended and used for the enclosed storage or shelter of the private motor vehicles, recreational vehicles, boats, yard equipment, etc., of the families residing at the premises upon which the garage is located.  Carports shall be considered garages within this definition.

GARAGE (Attached)

A private garage sharing a common wall with the principal structure, or being attached to the principal structure with a fully enclosed breezeway.

GARAGE (Public or Commercial)

Any garage not falling within the definition of "private garage" as herein established, and used for storage, repair, rental or servicing of motor vehicles, recreational vehicles, boats, and yard equipment.

HIGH WATER ELEVATION (Ordinary high water mark)

The average annual high water level of a pond, stream, lake, flowage, or wetland referred to on an established datum plane or, where such elevation of the line up to which the presence of the water is so continuous as to leave a distinct mark by erosion, change in, or destruction of, vegetation or other easily recognized topographic, geologic or vegetative characteristics.

HOUSEHOLD OCCUPATION

Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed fifty (50) percent of the area of only one floor of the residence, and uses only household equipment. A household occupation does not include display of goods.

 KENNEL, COMMERCIAL AND ANIMAL HOSPITALS

An establishment where animal pets not part of the actual household on the lot on which the facility is located are raised, bred or boarded and/or medically treated.

LIVING ROOM

All rooms within a dwelling except closets, foyers, storage areas, utility rooms, and bathrooms.

LOADING AREA

A completely off‑street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

LOT

A contiguous parcel of land having a minimum of thirty three (33) feet of frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this Ordinance.

LOT LINES AND AREA

The peripheral boundaries of a parcel or lot and the total area lying within such boundaries.

LOT WIDTH

The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth of such lot from its road or street frontage or other access to a public right of way. On irregularly shaped lots, the width shall be the average width of the lot within five (5) percent of the minimum required width. (Average width according to Ch. H65 Wisconsin Administrative Code.)

MANUFACTURED HOME

A structure substantially constructed off-site meeting minimum provisions for dwellings and meets all of the following criteria:

(a)    Transportable in one or more sections.

(b)   Built on a permanent chassis.

(c)    Placed on a permanent foundation.

(d)   Connected to utilities (plumbing, heating, gas, electrical).

(e)    Constructed on or after June 15, 1976 in accordance with U.S. Housing and Urban Development standards and identified with a HUD seal of approval.

MINOR STRUCTURES

Any small, movable accessory erection or construction such as tool houses, pet houses, play houses, ice shanty, and arbors, no more than eight (8) feet in height with no more than one hundred (100) square feet of building area. Not to exceed a total of three (3) per lot.

MOBILE HOME**

Constructed prior to June 15, 1976, a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of forty five (45) feet.

MOBILE-MOUNTED SIGN

A temporary sign which is mounted or designed for mounting on wheels or a temporary platform.

MODEL HOME, GARAGE

A building which is constructed, or located and used as an example of other such buildings which are offered for sale. The model itself is customarily not currently for sale or occupancy and may in some instances by only temporarily positioned on the site. The model differs from a "spec" building which is one that is permanently positioned on a site and is or will be available for immediate sale and occupancy.

NON-CONFORMING USES OR STRUCTURES

Any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of this Ordinance or amendments thereto which does not conform to the regulations of this Ordinance or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a non-conforming structure and not a non-conforming use; provided, however, that an existing principal structure and attached garage(s) that is located 30 feet or more from road right-of-way and 7 feet or more from side lot lines shall be deemed a legal use for purposes of determining the area setback requirements contained in this Ordinance.

OBSTRUCTION

Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire fence, rock gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood‑hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

OPEN SPACE

An unoccupied space open to the sky on the same lot as the principal structure or development which is in addition to other required yard areas and which is not used for parking or driveway purposes.

OUTDOOR STORAGE

The keeping of materials, equipment, product(s) or their components, outside of a structure.  Customary accessory storage such as waste receptacles, or business vehicle parking shall not be considered outside storage provided the principal structure is present and said storage is directly associated with the principal use.

OVERLAY ZONE

Zoning requirements that are described in the ordinance text, mapped, and are imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two.

 PARKING LOT

A structure or premises containing ten (10) or more parking spaces open to the public for rent or a fee.

 PARKING SPACE

A graded and surfaced area of not less than one‑hundred eighty (180) square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

 PARTIES IN INTEREST

Includes all abutting property owners, all property owners within one‑hundred (100) feet, and all property owners of opposite frontages.

 PIERHEAD LINE

A boundary line established along any section of the shore or any navigable waters by a municipal ordinance approved by the State Department of Natural Resources, pursuant to Section 30.13 of the Wisconsin Statutes. Piers and wharves are only permitted to the landward side of such pierhead line unless a permit has been obtained pursuant to Section 30.12 (2) of the Wisconsin Statutes.

 PRINCIPAL USE

The main use of land or structures as distinguished from a secondary or accessory use.

 PRIVATE OR QUASI‑PUBLIC CLUB

An association of persons organized for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

 PRIVATE ROAD

Any road or drive other than a public street or highway which serves two (2) or more principal structures.

 PROFESSIONAL HOME OFFICES

Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professions used to conduct such professions in which the office does not exceed one‑half (1/2) the area of only one (1) floor of the residence and no more than two (2) nonresident persons are employed for the conduct of such profession.

REAR YARD

A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

RECREATIONAL VEHICLE

Recreational vehicle means any of the following, whether it is "dependent" ‑requires camp facilities for toilet and lavatory, or "self‑contained" ‑ can operate independent of connections to sewer, water and electrical systems:

(a)    Camping trailer.  A canvas or folding structure mounted on wheels and designed for travel, recreation and vacation use.

(b)   Motor‑home.  A portable temporary dwelling to be used for travel, recreation and vacation, constructed as a integral part of a self‑propelled vehicle.

(c)    Pick‑up Coach.  A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

(d)   Travel trailer.  A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified as a travel trailer by the manufacturer of the trailer.

(e)    Tent.  A portable lodge of canvas or strong cloth, stretched and sustained by poles.

(f)     Any similar vehicle, unit, etc., which is less than forty‑five (45) feet in length.

RETENTION BASIN

A pond‑type facility which provides for storage or storm‑water runoff and controlled release of this runoff during and after a flood or storm.

ROAD

A public right‑of‑way providing primary access to abutting properties.

RUNOFF

The portion of precipitation on the land which reaches a drainage system.

SETBACK LINES

The interior limits of the minimum required yard areas of a lot.

SHORE YARD

A yard extending across the full width or depth of a lot the depth of which shall be the minimum horizontal distance between a line intersecting both side lot lines at the same angle and containing the point of the high water elevation of a pond, stream, lake, or wetland nearest the principal structure and a line parallel thereto containing the point of the principal structure nearest the high‑water line.

SHORELANDS

Those lands lying within the following distances: One thousand (1,000) feet from the high‑water elevation of navigable lakes, ponds, and flowages and three hundred (300) feet from the high‑water elevation of navigable streams, or the landward side of the floodplain, whichever is greater.

SHORELINES

The intersection of the land surfaces abutting lakes, ponds, streams, flowages, and wetlands with the average annual high‑water elevation.

SIDE YARD

A yard extending from the street yard setback line to the rear yard setback line of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

SIGNS

Any words, letter, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trade marks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, professions, business, commodity or product and which is visible from any public street or highway but not including:

(a)    usual board notices in or about church property or any educational or public institution;

(b)   legal notices required to be posted by municipal, state or federal law; or

(c)    highway or traffic signs authorized to be erected by municipal, state or federal law.

SMOKE UNIT

The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.

STORAGE CAPACITY

The volume of space available above a given cross section of a floodplain for the temporary storage of flood water. The storage capacity will vary with stage.

STREET

A public right‑of‑way providing primary access to abutting properties.

STREET YARD

A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two (2) such yards.

STRUCTURE

Any erection or construction, such as buildings, towers, masts, booms, signs, decorations, carports, machinery and equipment, and opaque fences.

Structure, Accessory ‑ A building or portion of a building used for a purpose customarily incidental to the permitted principal use of the lot, or to a principal building, and located on the same lot as the principal use.

Structure, Principal ‑ The building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

STRUCTURAL ALTERATIONS

Any change which would increase or decrease the floor area or height of a building.

 SUBSTANDARD LOT

Any lot, with or without structures, having lesser dimensions and/or area than required by the districts of this ordinance.

 SURFACE WATER RUNOFF

Water that results from precipitation which is not absorbed by the soil or plant material.

 TEMPORARY SIGN

Any sign which pertains to auctions, bazaars, festivals, or other similar events or to any aspect of a political campaign.

 TEMPORARY STRUCTURE

A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure.

 TREE

Any object of natural growth, except farm crops which are cut at least once a year, and except shrubs, bushes or plants which do not grow to a height of more than five feet.

 UTILITIES

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

WETLANDS

Those lands which are level or nearly level and, based upon SWCD soil mapping data, are poorly drained. Such lands are flooded frequently and/or covered with water throughout most of the year. Such lands may be marked by old drainage channels and often may contain small bodies of water in places. The native vegetation was mainly sedges, rushes, reeds and other water tolerant plants. Both mineral and organic material are in these lands. These lands occur within the following soil series: Houghton, Willette, Palms, Edwards, Adrian, Udorthents, Fluvaquents.

YARD

An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

ZONING ADMINISTRATOR

A person designated by the Town Board to administer and enforce this Ordinance. Reference to the Zoning Administrator shall be construed to include duly appointed assistants responsible for enforcing and administering all requirements of this Zoning Ordinance.

ZONING PERMIT

An official finding that a proposed use of a property, as indicated by an application, complies with the requirements of the zoning ordinance or meets special conditions of a variance or conditional use permit; the ordinance will specify the building activities that need to have such a permit.

 *          However, in no case shall mobile homes be considered as single-family or two-family dwellings under these definitions.

 **        See definition of “Dwelling -- Single Family” and “Dwelling -- Two-Family”.

Section 2.  General Provisions

 2.1       Jurisdiction. The provisions of this Ordinance shall apply to all structures, land, water and air within the Town of Black Wolf, Winnebago County, Wisconsin.

 2.2       Compliance. Unless otherwise provided by this Ordinance or applicable State or Federal Law, after the effective date of this Ordinance no structure, land or water shall be developed, and no structure or part thereof shall be located, erected, moved, reconstructed, enlarged, extended, converted or structurally altered without a Zoning Permit and without full compliance with this Ordinance and all other applicable Town, County and State regulations; provided, however, that this Ordinance shall not govern normal farming operations on farmland, or normal filling, grading or landscaping of land which is incidental to land use and development otherwise permitted under this ordinance.

        The Town Board, or any owner of property within the Town who are affected by a particular regulation, variance or conditional use under this Ordinance may sue to enforce, compliance with this Ordinance through injunctive relief in addition to any other remedy which may be available.

 (1)   Building Inspector; Duties.

 (a)    A Building Inspector shall be appointed by the Town Board at a rate of compensation and for a term of office which is established by the Town Board at the time of such appointment.  When practicable, the Building Inspector shall be a resident of the Town; provided, however, that the Building Inspector shall possess such certification of skill or experience as may be required from time to time by the State of Wisconsin.

(b)   The Building Inspector shall examine all plans and/or blueprints of all structures to be located, erected, moved, reconstructed, enlarged, extended, converted or structurally altered, in order to insure compliance with the Building Code of the Town and other applicable town, county and state regulations.

(c)    The Building Inspector shall accept applications for permits and issue all permits.

 (2)   Zoning Administrator; Duties.

 (a)    A Zoning Administrator shall be appointed by the Town   Board at a rate of compensation and for a term of office which is established by the Town Board at the time of such appointment. When practicable, the Zoning Administrator shall be a resident of the Town.

 (b)    The Zoning Administrator shall accept applications, issue or deny Zoning Permits, give notice of violations and enforce the provisions of this Zoning Ordinance.

(c)   The Zoning Administrator and Building Inspector shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by them, or either of them, to ensure compliance with this Ordinance, applicable building codes and town, county and state regulations. They each shall have the authority to procure special inspection warrants in accordance with Wisconsin Statutes.

(d)    The Zoning Administrator and Building Inspector each shall have the authority to halt any location, erection, moving, reconstruction, enlargement, extension, conversion or structural alteration of a structure, or use of land, which is not in compliance with this Ordinance or applicable building codes and town, county and state regulations. In furtherance of this authority, the Building Inspector may revoke any building permits then issued which pertain to any non-conforming matter by notice in writing to the holder of such permit.

(e)     Building permits issued for any matter shall be posted in a prominent place on the premises for which the permit has been issued prior to and during the terms of the permit.

(f)    Notwithstanding any other provision of this Ordinance, where a Zoning Permit has been issued in accordance with law prior to the effective date of this Ordinance, and provided that construction is begun within six (6) months after such effective date and diligently pursued to completion, the subject of such permit may be completed in accordance with the approved plans on the basis on which the permit was issued. Upon completion such premises may be occupied under a Certificate of Compliance for the use designated in the permit. Thereafter, however, the premises shall be subject to all provisions of this Ordinance.

      (3)        Planning and Zoning Committee

   (a)     The Town of Black Wolf Planning and Zoning Committee shall be appointed by the Town Chairman and confirmed by the Town Board.  The Committee shall consist of seven (7) members, who shall reside in the Town.  Vacancies shall be filled by appointment by the Town Chairman with confirmation by the Town Board for the un-expired term of the member whose position has become vacant.  Committee members shall be removable by the Town Chairman for cause upon written charge and after a public hearing conducted by the Town Board.

(b)    A Chairperson shall be appointed by the Town Chairman with confirmation by the Town Board.

                  (c)     The Town Board shall appoint a secretary, who shall receive compensation according to the Town’s Salary rate.

                   (d)    Terms of service shall be for three (3) years and shall be staggered.

(e)     The Committee shall conduct all public hearings for Zoning applications, Conditional Use Permits, and Land Use planning.

   (f)     The Committee shall make recommendations to the Town Board for action on   the above applications and public hearings.

                   (g)     The Committee shall review and make recommendations on the Zoning and

Land Use/Subdivision Ordinances and the Land Use Plan.

                   (h)     The Committee shall review matters as directed per this Ordinance.

  (i)   The Committee shall receive compensation at a rate set by the Town Board.    

 2.3       Zoning Permit.

   a)      Applications for a Zoning Permit shall be made in writing to the Zoning Administrator on forms which he or she shall provide, and shall include the following  information, if applicable about the subject site:

(1)   Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any;

(2)   Description of the subject site by its legal description according to the Winnebago County, Wisconsin, Registry or land survey in accordance with Town of Black Wolf, Wisconsin, Subdivision Ordinance;

(3)   Address of the subject site;

(4)   Zoning district in which the subject site is located;

(5)   Zoning district for which the applicant is applying for the subject site;

(6)   Type of structure to be constructed on the subject site, if known;

(7)   Existing and proposed use and operation of the subject site and if known, the structure;

(8)   Number of proposed or anticipated employees and/or occupants of the subject site and structure;

(9)   Plot plan showing the location, property boundaries, and dimensions, uses and sizes of the following: subject site; existing and proposed structures; existing and proposed sanitary facilities and well; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed yards; and finished grades.

 (a)    The proposed finished grade for a principal structure at its center or other highest grade elevation on any such plot plan, shall be a grade which is not less than twelve (12) inches above the crown of any adjacent improved public or platted road

(b)   Where an alternate finished grade elevation would better suit the existing or proposed uses surrounding the subject site, or would better facilitate orderly surface water drainage on and off the subject site, the Building Inspector shall have the authority to set an alternative finished grade elevation at the time of application for a building permit; provided, however, that such alternative grade shall be noted on the zoning application and permit by the Building Inspector at the date of issue of the permit. 

 b)      A Zoning Permit shall be granted or denied in writing by the Zoning Administrator within thirty (30) days after receipt of a complete application. Where public sewer is unavailable, no permit shall be issued without the prior approval of sanitary plans and if applicable issuance of a Sanitary Permit by the Winnebago County, Wisconsin, Sanitary Inspector. Where public sewer is available no permit shall be issued without the prior approval of sanitary plans and, if applicable, issuance of a sanitary permit by the Town of Black Wolf Sanitary District #1.  Except for barns, silos and similar farm buildings, no zoning permit shall be issued for any addition, reconstruction, enlargement or conversion of a principal structure where sanitary facilities are not provided either by the Town of Black Wolf Sanitary District #1 or otherwise in accordance with the Winnebago County, Wisconsin Sanitary Ordinance and Chapter H 62.20 of the Wisconsin Administrative Code as amended from time to time.

(c) A Zoning Permit is issued in anticipation of proposed construction.  It shall lapse and become void six months after date of issue unless substantial work on said construction has been commenced and diligently pursued within that period.

 2.4       Building Permits.  A Building Permit shall be required as per the Town of Black Wolf Building Permit Ordinance

 a)      Applications for a Building Permit shall be made in writing to the Building Inspector on forms which he or she shall provide and which shall include the following:

(1)   Names and addresses of the applicant, owner of the site, and architect, professional engineer and contractor, if any;

(2)   Description of the subject site by its street address or, if there is none, by its legal description according to the Winnebago County, Wisconsin Registry or other land survey;

(3)   Type of structure or work proposed to be done and statement of cost of work proposed to be done or, where not known, good faith estimate of such cost.

 b)      A Building Permit shall be granted or denied in writing by the Building Inspector within thirty (30) days after receipt of a complete application. Where public sewer is unavailable, no permit or new construction intended to be occupied by human beings shall be issued without the prior approval of sanitary plans and issuance of a Sanitary Permit by the Winnebago County, Wisconsin, Sanitary Inspector or the Town of Black Wolf Sanitary District #1. Except for barns, silos and similar farm buildings, no permit shall be issued for any addition, reconstruction, enlargement or conversion of a principal structure where sanitary facilities are not provided in accordance with the Town of Black Wolf Sanitary District #1 or Winnebago County, Wisconsin, Sanitary Ordinance and Chapter H. 62.20 of the Wisconsin Administrative Code as amended from time to time.

c)      Building Permits shall recite the information set forth in the application and shall be displayed at the subject site and shall lapse and become void six months after date of issue unless substantial work has been commenced and diligently pursued within that period.

d)      All building permits shall expire 24 months from date of issue.  Any work not completed at the end of this time shall require a new permit.

 2.5              Certified Survey Maps (CSM)

 Submittal.  Combining parcels or creation of a Minor Land Division shall be by certified survey map.  The certified survey map shall be submitted to the Town of Black Wolf Zoning Administrator (or designee).  The certified survey map shall be prepared according to 236.34, Wisconsin Statutes, and shall show clearly on its face the following:

 1.                  Whole Parent Parcel(s) must be shown on CSM when combining or dividing parcel parcel(s).

a.       All existing buildings.

b.      Setbacks

c.       Water Courses

d.      Drainage ditches

e.       Setbacks to structures to adjacent property and other features

pertinent to division of property should be shown.

f.        D.O.T. approval when parcel is abutting a State of Wisconsin Highway or Federal Highway.

g.       Acreage to right-of-way spelled out.

h.       Location of access to road.

 2.                  Prior CSM Number (if applies)

                    a.       Put at top.

 3.                  Tax Parcel Number

                   a.       Put in a box

b.      On proper parcel or pointing to proper parcel

 4.                  Existing parcel boundaries that fall within new parcel(s) shall be identified with dashes   (---) or periods (…).

 5.                  Date of Map With a Graphic Scale

 6.                  Other Pages

                  a.       Surveyor’s Certificate, recorded survey description, surveyor

signature and date.

b.      Owner(s) Certificate of Approval, signature(s) and date with Notary

Public’s signature, date and commission expiration date.

c.       Town of Black Wolf Treasurer’s Certificate of Approval, signature

and date verifying that there are no unpaid taxes or special assessments

in accordance with 236.21(3).

d.      Town of Black Wolf Board Certificate of Approval, Town Chairman’s signature and date after board approval.

             Certified Survey Map after approval of all required authorities shall be recorded in the Winnebago County Register of Deeds Office.

 2.6       Certificate of Compliance. Where a Zoning Permit is required under this Ordinance, no development or structure shall be used or occupied until a Certificate of Compliance has been issued by the Zoning Administrator. Such Certificate shall state that the development or structure is in compliance with the applicable standards of this Ordinance. An application for a Zoning Permit is deemed an application for a Certificate of Compliance.

         A Certificate of Compliance also shall be required before the use of, or change in use of any non-conforming use. However, upon written request of the owner, the Zoning Administrator shall issue a Certificate of Compliance for any building or premises existing at the time of the adoption of this Ordinance, which Certificate shall state the extent and kind of use made of the building or premises and the manner in which it may not conform to the provisions of this Ordinance.  Residential lots which are plotted or otherwise identified by certified survey map or similar legal description on the effective date of this amended ordinance and which comprise less than one (1) acre in sewered areas and two (2) acres in un-sewered areas are not non-conforming lots or uses.

 2.7       Site Restrictions.

 a)      The following requirements shall apply to all land use sites:

(1)   All lots shall abut upon a public street, and each lot shall have a minimum frontage of thirty‑three (33) feet. All lots shall also have a minimum width at the minimum required street yard setback as prescribed for the particular zoning district in which the lot is located.

(2)   All principal residential structures shall be located on a lot; and only one principal residential structure shall be located, erected, or moved onto a lot.

(3)   No construction of accessory structures or accessory uses shall be permitted prior to construction of the primary residential, commercial, or business structure.

(4)   No Zoning Permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width.

(5)   Lots abutting more restrictive district boundaries than those of the district in which it is located, shall provide side and rear yards not less than those required in the more restrictive abutting districts. The street yards on the less restrictive district shall be modified for a distance of not more than seventy‑five (75) feet from the district boundary lines so as to equal the average of the street yards required in both districts.

 (6)   All street setbacks shall be measured from the affected road right‑of‑way line, road easement or from any road widths shown on a duly adopted street width map.

 b)      No land shall be used or structure erected where the land is determined to be unsuitable for such use or structure by the Town Board and the Town Of Black Wolf Planning and Zoning Committee, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, aesthetics, and general welfare of the Town.

 c)      "Aesthetics" may only constitute grounds for prohibiting a use of land or structure if such use will substantially and adversely affect the value of property in the vicinity or impose an odor, noise, or visual effect, upon neighbors or passersby which is clearly obnoxious to the prevailing aesthetics of the community. In all cases the Town Board shall serve as the Aesthetic Review Board.

 d)      The Town Board, Building Inspector, Zoning Administrator and the Town Of Black Wolf Planning and Zoning Committee, in applying the provisions of this section, shall itemize in writing the particular facts upon which is based a conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he/or she so desires. Thereafter the Town Board, Building Inspector, Zoning Administrator and the Town Of Black Wolf Planning and Zoning Committee may affirm, modify, or withdraw its determination of suitability.

 2.8       Surface Water Drainage. Controlled storage and release of surface water runoff shall be required for all commercial and industrial developments and for residential developments that contain an area in excess of five (5) acres in order to eliminate the accumulation or transportation of excess surface water runoff on or through other land or habitable structures.

 It is not the intent of this section to take land areas out of use for the sole purpose of storing excess surface water, nor to restrict land use or to increase development costs.  The use of natural topographic paths of surface water runoff to form planned channels and the restriction of such channels to form storage areas is encouraged. Since political and ownership boundaries often make the use of natural topographic drainage patterns impractical, earth-moving that is done to develop land usage should also be planned to provide a bypass channel for surface water runoff that will not create a diversion of drainage or radically change applicable watershed boundaries.

 (1)   Surface Water Drainage Design Considerations ‑ General. 

(a)    Where required by Sec. 2.8, a complete surface water management system shall be provided in all areas within the development site for handling surface water runoff that flows into or across the site from the outside, or emanates from the site without undesired additional flooding of any other lands in the drainage basin. Soil types shall be coefficients within the basins involved.

(b)    Surface water drainage design shall consist of a drainage plan and report that demonstrates that peak post development flow rates shall be no greater than predevelopment flow rates for the 2, 25, and 100 year storms as determined by United States Department of Agriculture Technical Release 55 (TR-55), Urban Hydrology for Small Watersheds.  The plan and report will follow Chapter 20.58 of the Black Wolf Subdivision Ordinance.

(2)   Surface Water Design Considerations ‑ Subdivisions & Planned Residential Areas.  Subdivision plans and R‑5 "Planned Residential District" shall not be approved unless all lands intended for use as building sites can be assured drainage within the site plan, as approved by the Town. Unless other arrangements are made with the Town, the developer shall construct, install, and furnish all necessary drainage structures including pipes, catch basins, ditches, and retention areas etc. Construction shall conform to all Town specifications.

(3)   The drainage system for such site plan shall be integrated with generally existing drainage facilities covered by Town easement and/or established drainage which serves the area within the development, and said drainage shall not cause damage to any property rights of others. Discharge onto adjacent properties where there is no existing drainage outlet or where no natural drains exist will not be permitted without the developer acquiring the necessary easements, as determined by the town.

(4)   Lots subject to Sec. 2.8 shall be developed to maximize the amount of surface water drainage which is percolated into the soil on site and to minimize direct overland runoff into adjoining property, streets, and water courses. Water runoff from roofs and other impervious surfaces shall be diverted into swales, or terraces on the lot. Where a positive outfall is unavailable or inadequate, and the installation or revision of the outfall is not economically practicable, a retention‑seepage basin may be included in the drainage system. The basin shall be designed using accepted engineering practices. In all cases the basin shall be designed and located in such a manner as to cause the least amount of damage to the property of others when the design is exceeded. Sufficient drainage right‑of‑way shall be set aside to allow for egress, ingress, and continuous maintenance around the perimeter of the basin.

 2.9       Use Restrictions. The following use restrictions and regulations shall apply, and unless otherwise specified, the basic standards of a district shall be minimum standards:

 (1)   Principal Uses.  Only those principal uses specified for a district, their on-site services and the following accessory uses and conditional uses shall be permitted in that district, except gardening shall be a principal use in all districts.

(2)   Accessory Uses.  Unless otherwise specified in other sections, accessory uses and structures are permitted in any district, but not until their principal use and structure are present or under construction.  Residential accessory uses shall not involve the conduct of any business, trade or industry.  Accessory uses include incidental repairs; storage; parking facilities; servant's, owner's itinerant agricultural laborer's, and watchman's quarters not for rent; private swimming pools; and private emergency shelters.

(a)    Accessory Use Location.  Unless otherwise specified in other sections of this ordinance, accessory uses and detached accessory structures are permitted within the buildable area or in the rear yard only; they shall not be closer than ten (10) feet to the principal structure; shall not exceed seventeen (17) feet in height; shall not occupy more than twenty (20) percent of the rear yard area of the particular site; shall not be closer than three (3) feet to any lot line, or five (5) feet to any alley.

 (3)   Conditional Uses. Conditional uses and their accessory uses are considered as special uses which require a public hearing and approval all in accordance with Section 4.0 of this Ordinance. 

In addition to those stated elsewhere in this Ordinance, the following shall be conditional uses in all zoning districts of this Ordinance:

       (a)    Utilities ‑ and associated structures ‑ provided all principal structures and uses are not less than fifty (50) feet from any residential district lot line.

(b)   Governmental and cultural uses, except the town hall, town offices and town fire stations shall be considered principal uses ‑ except in the A‑l Agri‑Business District they shall require conditional use approval.

(c)    One‑time disposal, except in Floodplain/Shoreland District, subject to receiving DNR permit. (According to. Sec. 4.4).

(4)   Unclassified or Unspecified Uses. According to Section 10.7 (4) of this Ordinance.

(5)   Temporary Uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Town Of Black Wolf Planning and Zoning Committee. Other temporary uses, e.g. mobile homes, emergency housing needed due to natural disaster, etc., shall be reviewed annually for continued use according to Section 10.7 (6) of this Ordinance.

(6)   Animal Restriction. Unless otherwise specified, no premises in a Residential District shall be used to harbor more than two dogs. Puppies whelped on any such premises as a result of fortuitous mating may be retained on the premises until they are six months old and shall not be taken account of in determining the number not in excess of two (2) dogs here-in-above permitted on such premises. No premises in a Residential District shall be used for breeding or rearing of dogs for sale or hire or for the boarding of dogs for pay. The raising or keeping of exotic reptiles shall be prohibited.

(7)  Dog day Care/Kennel Licensing.  No dog day care/kennel shall be located

        i)  In any zone except A-1;

        ii) Within 2000 yards of any residential dwelling unit, other than the residence of the owner

             of such dog day care/kennel, unless all residents within the 2000 setback consent in writing

             to a lesser setback. (effective 5/2007)

 2.10     Sanitary Regulations. The provisions of the Town of Black Wolf Sanitary District #1 Ordinance and of Chapters H62.20; H65 and NR112 of the Wisconsin Administrative Code, are incorporated by reference.

 2.11     Reduction or Joint Use. After the effective date of this ordinance no lot, yard, parking area, building area, or other space shall be reduced in area or dimension below the requirements of this Ordinance. No part of any lot, yard, parking area, or other space required for a particular structure or use shall be used for any other structure or use.

2.12     Violations. It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this Ordinance.

          In case of any violation, the Town Board, the Zoning Administrator, the Town Of Black Wolf Planning and Zoning Committee, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this Ordinance. Every structure, fill or development placed or maintained in floodplains in violation of this Ordinance is a public nuisance; and the creation thereof may be enjoined and maintenance thereof may be abated by an action instituted by the Town or any citizen who lives in or within five hundred (500) feet of the floodland.

 2.13 PENALTY:

 (1)               General Penalty.  Any person who shall violate any of the provisions of   the Ordinance shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:

(a)                First Offense – Penalty.  Any person who shall violate any provision of this Ordinance shall, upon conviction thereof, forfeit not less than Fifty ($50.00) nor more than Three Hundred Dollars ($300.00), together with the cost of prosecution including reasonable attorneys’ fees and, in default of payment of such forfeiture and cost of prosecution including reasonable attorneys’ fees shall be added to the property tax, with an interest rate, with interest, at the current interest rate charged for delinquent property taxes.

    (b)       Second Offense – Penalty.  Any person found guilty of violating any or part of this Ordinance who shall previously have been convicted of a violation of the same Ordinance within one (1) year shall, upon conviction thereof, forfeit not less than Three Hundred Dollars ($300.00) nor more than One Thousand ($1,000.00) for each such offense, together with the cost of prosecution including reasonable attorneys’ fees and, in default of payment of such forfeiture and cost of prosecution including reasonable attorneys’ fees, shall be added to the property tax, with interest, at the current interest rate charged for delinquent property taxes.

        (2)               Continued Violations.  Each violation and each day a     violation continues or occurs shall constitute a separate offense.  Nothing in this Code shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.

        (3)               Other Remedies.  The Town shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution, including reasonable attorneys’ fees above.

 Section 3.  Zoning Districts

 3.1       Residential Districts Interpretation. The residential zoning standards of this Ordinance are divided into those for home-sites with public sewer and those for home-sites dependent upon on-site private sewage disposal systems. Home-sites developed on a scattered basis, disassociated from any recorded subdivision or approved planned unit development shall conform to the lot size and associated standards of the appropriate residential district designated "non-subdivided". The smaller lot size and associated standards which accompany residential districts designated as "subdivided" shall be utilized in determining optimum land use in the process of establishing a duly recorded subdivision. "Subdivided" lot sizes and standards shall not be applied to any unplatted lands or assessor's plats, and when applied to existing plats shall not allow a change in recorded lot size without a certified survey map and replat of the affected subdivision, approved by the Town of Black Wolf Town Board prior to approval of the County.

 3.2    Residential Conditional Uses. Residential conditional uses and their accessory uses are considered as special uses which require review, public hearing, and all in accordance with Section 4.0 of this Ordinance.

          In addition to those stated under Sec. 2.9, the following shall be conditional uses in all residential districts of this Ordinance.

          (1)   Public, private and parochial elementary and secondary schools and all churches.

(2)   Clubs, fraternities, lodges, and meeting places of a non-commercial nature.

(3)   Home occupations and professional offices which require on site customer access.

(4)   Model homes and accessory sign according to Sec. 2.9.

(5)   Bed and Breakfasts.

(6)   Community living arrangements greater than 8 (eight) persons as defined in Sec. 59.97(15),Statutes.

3.3       Residential Accessory Uses. In addition to those accessory uses specified under Sec. 2.9, or under a special district, the following accessory standards shall apply in all residential districts:

         (1)   Fences.

              (a)    Fences will be permitted on or within the property line.  On or within the side and rear yard the height shall not exceed six (6) feet. In the street yard, the fence shall be an open type (50% or less opaque) and shall not exceed four (4) feet in height; and shall be no closer than two (2) feet to a road R.O.W.  In those cases where the rear yard is a shore yard, fences located between the shore yard setback line and half the distance to the high water mark shall adhere to the rear yard standard, and shall comply with the street yard standards.

(b)   Fences on the property line of a through lot abutting an access restricted right-of-way shall be allowed at the rear yard height and opacity standards.

(2)   Outdoor Lighting. Outdoor lighting installations shall be permitted in all yard areas, but no closer than three (3) feet to an abutting property line and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

(3)   Parking. According to Section 5.0.

(4)   Signs. According to Section 7.0.

(5)   Accessory Buildings. Accessory  buildings  including garages (attached and detached), storage structures,  pole buildings and other similar structures in all residential districts or on a lot where the principal use is residential, shall conform to the following:

(a)    No detached accessory structure or garage shall exceed a height of twenty-two (22) feet, measured from floor to roof peak, on a parcel 1/2 acre or larger.  A parcel under 1/2 acre shall not exceed a height of 17 feet, measured from floor to roof peak.  Attached garages shall not exceed the height of the main structure.

(b)   Allowed floor area:

 1)      Total floor area for accessory structures in R-1 Residential District

With a lot size of less than one acre(43,560 sq.ft.) shall not exceed 1200 sq. ft.

 2)      Total floor area for accessory structures in a R-1 Residential District or

A-2 Agriculture District with R-1 use with a lot size of one acre (43,560 sq. ft.) or larger shall not exceed 1500 sq. ft. plus 1% of the lot area in excess of the 43,560 sq. ft.

 3)      Total floor area for accessory structures in an R-2 Residential subdivided or MH-1 Mobile Home District shall not exceed 900 sq. ft., except where the lot size exceeds 10,000 sq. ft., the total accessory square footage may increase by 1% of the lot area in excess of the 10,000 sq. ft.

4)       Total floor area for an accessory structure with an R-3 Two Family Residential use shall not exceed 900 sq. ft. for a single accessory structure nor shall any combined total exceed 1700 sq. ft

 5)      Total floor area for R-4 Multi Family District and R-5 Planned Residential District shall not exceed:

                                 (a)     Three units, 870 (eight hundred and seventy) sq. ft.

(b)     Each additional unit, 265 (two hundred and sixty-five) sq. ft.

(c)      Increased floor area may be granted by conditional use permit.

6)      No more than three (3) detached accessory structures shall be permitted on a lot.

7)      Accessory structure setbacks shall comply as follows in all above districts.

 (a)  Three (3) feet from side lot line

      (b)  Three (3) feet from rear lot line

                              (c) Ten (10) feet minimum from principal structure and abutting structures

      (d)  Fifty (50) feet street yard *

                (e)  Seventy Five (75) feet shore yard

*11/07: Properties east of Hwy. 45: Thirty (30) feet street yard setback, and Ten (10) & Seven (7) feet side yard setbacks.

 (6)   Boathouses. Boathouses shall be located within a shore yard but shall be no closer than five (5) feet to the average annual high‑water elevation of the stream, lake, pond or wetland. In no case, however, shall boathouses be located below a high‑water elevation, nor shall boathouses be used for human habitation. Furthermore, boathouses shall not exceed one (1) boathouse for each shoreland lot; shall not exceed a height of fifteen (15) feet (to peak) above the high-water elevation: shall not exceed five hundred (500) square feet in horizontal area covered and shall not be closer than three (3) feet to any side lot line.  Boathouses shall not reduce the floor area or number of accessory structures allowed per lot.

 3.4       R‑l Rural Residential District (non-subdivided).

 (1)   Statement of Intent.  The intent of this district is to provide a lot size and associated standards for home-sites developed on a scattered basis. The criteria of this district are designed to provide reliable, single‑family home-sites in those areas where "neighborhood" and "community" facilities and services are of secondary significance to the location of the home-site itself.

Principal Use.

(a)    One‑family dwellings and Community Living Arrangements defined in 59.97(15), Statues.

(b)   Incidental agricultural activities when the site is used as a farm home-site.

(c)    Dwellings shall measure a minimum of 24 ft. across from exterior edges of walls for:

                        50% of length/width without attached garage

66% of length/width with attached garage(s) 

and a minimum of 1200 sq. ft.

 (3)   Basic District Standards.  The basic lot standards in this district after the effective date of this ordinance shall be as follows:

               Lot (un-sewered)      Width               Minimum          200 Ft.

                                                  Area                 Minimum     87,120 Sq.Ft. (2 Acres)    

              Lot (sewered)            Width              Minimum          120 Ft.

                                                  Area                 Minimum     43,560 Sq.Ft. (1 Acre)

              Building                      Height              Maximum           35 Ft.

              Yards                          Street               Minimum           50 Ft.  *                                                         

                                                  Rear                 Minimum           25 Ft. 

                                                  Side                 Minimum           10 Ft. both sides  *

                                                 Shore               Minimum           75 Ft.

    *11/07: Properties east of Hwy. 45: Thirty (30) feet street yard setback, and Ten (10) & Seven (7) feet side yard setbacks.

 (4)   Conditional Uses. (according to Section 4.0) Permitted conditional uses in this district shall be as follows:

(a)    All uses specified under Sec. 2.9.

(b)   All uses specified under Sec. 3.2.

(c)    The following uses provided that they shall be of a non-commercial nature and exceed the standards set in 3.4 (5):

1)      Raising and keeping of stable animals and all other domestic livestock. Shall require a minimum parcel of 5 (five) acres.

2)      Raising and keeping of dogs in excess of animal restriction under  Sec. 2.9 (6) not to include breeding or boarding.

3)      Raising and keeping of domestic fowl including gallinaceous birds.

4)      Smaller "hobby"‑type animals not to include those animals of such size or character as to normally be considered to be big game, e.g. lions, tigers, bears, etc. and not to include fur bearing animals, e.g. mink, chinchilla, etc., except rabbits.

5)      Domestic Rabbits or Hares exceeding a total of 6 (six).

 Furthermore,

(d)   Where the application is for raising and keeping of stable animals, or domestic livestock on a minimum of 5 acres, the applicant must reserve sufficient area for the relocation of the residential structure's drainfield. Such reserved area must be verified as suitable by a Certified Soil Tester, or by detailed soil maps. Furthermore, the reserved area must be safe‑guarded from heavy traffic and shall be located so as to comply with the setback standards of ILHR 83 of the Wisconsin Administrative Code and the Winnebago County Sanitary Ordinance ‑ both for existing and future structures.                                   

(e) The number of animals to be kept shall be established in the conditional use approval. (See standard of animal/equivalency/acre 3.4 (5) ).

(f)    The conditional use shall address disposal and/ or removal of animal waste and run off.

 (5)   Non-Farming Animal Allowance.  Permitted animal uses on 5 acres or greater shall include raising and keeping of domestic stable animal and other domestic livestock, the raising and keeping of domestic fowl, including gallinaceous birds, which shall be of a non-commercial nature.

                    (a)    One (1) acre shall be dedicated to residence/building use and shall be excluded from the formula.

(b)    A formula of one animal unit/equivalence/acre shall be used to determine the total number of allowable animals/fowl.

 

Description                                 One Animal unit/equivalence/acre

   Horse per animal                                                        0.5

Cattle per animal                                                       1.0

Llama per animal                                                        1.0

Sheep, goat per animal                                               2.0

Chicken, Duck, Turkey                                                5.0

(c)     Animals or fowl not listed shall fall under Section 3.4 (4).

(6) Accessory Structures for Animal Uses.  Permitted accessory structures in this district shall include stables, sheds and similar structures as accessory structures to conditional uses in Section 3.4 (4) or allowed use in 3.4 (5).  Accessory structure standards for this district shall meet the standards for floor area set in 3.3(5 and shall meet the following:

               Yards            Street               Minimum          150 Ft. or as specified in the Conditional Use Approval

                                        Side                   Minimum          75 Ft.

                                        Rear                                        150 Ft.

                          Building  Height                Maximum          22 Ft.

                                      Sidewall              Maximum          18 Ft. High

 

Confinement.    The permanent confinement of animals; the placement of pens,  including fencing; and location of structures for same shall be a minimum of seventy five (75) Ft. from any adjoining residence. (Said adjoining residence shall have the right to expand, remodel or reconstruct without regard for this minimum distance.)

(7)  Accessory Uses By Permit Only.  Swimming pools (in-ground) shall be surrounded by suitable fencing. Fencing shall be a minimum of forty eight (48) inches above finish grade level, construction material shall be of a chain link or wood or similar strength material.  Fencing shall be constructed to prohibit passage of a six(6) inch sphere between fence members, and the bottom of said fence shall be no more than two(2) inches above the existing ground elevation.  Any gates installed shall be constructed so as to be capable of being locked, shall be self- closing, and shall be closed and secured so as to prevent unlatching by persons outside the pool area when the pool is not in use.  All electrical installations shall be in compliance with the National Electrical Code.  All new and existing pools are required to comply with fencing standards.

 3.5       R‑2 Suburban Residential District (subdivided).

 (1)   Statement of Intent.  The intent of this District is to provide a lot size and associated standards for home-sites in a duly recorded and legally maintained subdivision. The criteria of this district have been designed to provide reliable single‑family home-sites which offer a "suburban arrangement of amenities, services, facilities, etc.

(2)   Principal Uses

(a)    Principal uses shall include one‑family dwellings on lots which have been developed and recorded according to Chapter 236 of the Wisconsin Statutes, Town of Black Wolf Subdivision Ordinance, and Chapter ILHR83 or the Wisconsin Administrative Code for lots not served by public sanitary sewer.

(b)   Dwellings shall measure a minimum of 24 ft. across from exterior edges of walls for:

                       50% of length/width without attached garage

66% of length/width with attached garage(s)

and a minimum of 1200 sq. ft.

 (3)   Basic District Standards (Sewered and Un-sewered)

                        Lot                  Width               Minimum      200 ft. (un-sewered)                    

                                               Area                 Minimum  87,120  sq. ft. .                                                                                        (2 acre)           

                      Lot (sewered) Width               Minimum       120 ft. .                                                                                     Area                 Minimum   43,560 sq. ft.

                        Building        Height              Maximum         35 ft.   

                        Yards            Street              Minimum         50 ft. *

  .                                           Rear                 Minimum         25 ft.

                                              Side                 Minimum          10 ft.  both sides *

                                              Shore               Minimum          75 ft.   

        *11/07: Properties east of Hwy. 45: Thirty (30) feet street yard setback, and Ten (10) & Seven (7) feet side yard setbacks.

 (4)   Conditional Uses  (According to Section 4.0) Permitted conditional uses in this district shall be as follows:

(a)    All uses specified under Sec. 2.9.

(b)   All uses specified under Sec. 3.2.

3.6       R‑3 Two Family Residential District

(1)   Statement of Intent.  The intent of this district is to provide a lot size and associated standards for a home-site which will accommodate the use of a "duplex" housing type.  Since the two-family dwelling produces a divergent occupancy pattern from that of the traditional single-family dwelling, duplex zoning - when desired - should be applied on a district basis, adjacent to, but not within the character of the single-family neighborhood in which it is to be located.

(2)   Principal Uses. Two-family and single family dwellings and incidental agricultural activities when such a site is utilized as a farm home-site in an A-1, or A-2 district.

(a)    Two-family dwellings shall contain a minimum length/width of 24 feet, both units included and measured from the narrowest part of the structure, and a minimum area of 1000 sq. ft. for each dwelling unit.

(b)   Dwelling shall measure a minimum of 24 ft. across from exterior edges of walls for:

                        50% of length/width without attached garage

66% of length/width with attached garage(s)

and a minimum of 1200 sq. ft.

(3)   Basic District Standards

                        Lot (un-sewered)   Width    Minimum      200 ft. 

                                                    Area      Minimum  87,120 sq.ft  (2 acres)              

                        Lot (sewered)        Width   Minimum       120 sq.ft.

                                                    Area      Minimum    43,560 sq.ft (1 acre)

                        Building                 Height   Maximum         35 ft.   

                        Yards                     Street   Minimum          50 ft

                                                      Rear    Minimum          25 ft.

                                                      Side    Minimum     10 ft. Both sides

                                                      Shore  Minimum          75 ft.

 (4)   Conditional Uses.  (According to Section 4.0) Permitted conditional uses in this district shall be as follows:

                   (a)    All uses specified under Sec. 2.9.

(b)   All uses specified under Sec. 3.2.

(c)    Rest homes, nursing homes, homes for the aged, day care centers, children's nurseries and medical clinics.

3.7       R‑4 Multiple‑Family Residential District (sewered).

(1)   Statement of Intent.  The intent of this district is to provide residential development of "walk-up" type apartment buildings which provide rental housing to be built within the economies of scale, while retaining a relatively low density pattern.  The use of this district should be applied to those locations in the "neighborhood" in which it will be compatible with surrounding uses; where the increased density would not create a service problem; and where the use will accommodate both the existing or anticipated character of the surrounding area and the needs of the future of the multiple-family development itself. 

(2)   Principal Uses.

(a)    Multiple-family dwellings, on lots served by public sanitary sewers.

(b)   All dwelling units shall contain a minimum area of 800 Sq. Ft.

         (3)   Basic District Standards.  The basic lot standards in this district shall be as follows:

                         Lot                       Width               Minimum          200 ft. 

                                                     Area                 Minimum          43,560 sq.ft.                                                                                                                                   (1 acre) per dwelling unit

                        Building                  Height              Maximum         36 ft.   

                        Yards                      Street              Minimum          50 ft.   

                                                      Rear                Minimum          40 ft.   

                                                      Side                Minimum          15 ft. each

                                                      Shore              Minimum          75 ft    

                                                      Open Space     Minimum         500 sq.ft per dwelling unit

(4)   Conditional Uses.  (According to Section 4.0) Permitted conditional uses in this district shall be as follows:

 (a)    All uses specified under Sec. 2.9.

(b)   All uses specified under Sec. 3.2.

(c)    All conditional uses specified under R-3 Two Family Residential.

 3.8       R‑5 Planned Residential District (sewered).

 (1)   Statement of Intent.  The intent of this district is to produce a total residential development area with standards designed to encourage creativity in the arrangement and placement of residential dwellings. To this end, the district allows a diversity of dwelling types, open spaces, and uses conceived and planned as comprehensive and cohesive projects.

(2)   Unified Control

(a)    All land included for development as a PRD shall be under the legal control of the applicant, whether that applicant be an individual, partnership, a corporation or group of individual.  Applicants requesting approval of a PRD shall present firm evidence of unified control of the entire area within the proposed PRD, together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provision of these  regulations.

(b)   The applicant shall state agreement to:

1.      Proceed with the proposed development according to the provisions of these   zoning regulations and such conditions as may be required.

                   2.  Provide agreements, contracts and deed restrictions necessary for                     completion of the development according to the approved plans.

 3.    Bind their successors in title to any commitments made in the approval process.

            (4) Basic District Standards. The basic lot standards in this district shall be as follows:

                        Development    Area     Minimum      10 acres in new ownership (recommended)           

                                               Width   Minimum       None   

                        Open Space       Area     Minimum       20% of development area                              Lot       Area     Minimum       43,560 (1 acre) per dwelling unit

                                                Width   Minimum       120 ft. (all lot areas to be designated by broken lines on plot plan when condominium ownership)      

                        Building             Height  Maximum        35 ft.   

                        Yards                 Street  Minimum         None   

                                                 Rear    Minimum         None   

                                                 Side    Minimum         15 ft. between single and two-family buildings     

                                                 Other  Minimum         30 ft. from public streets                   rights-of-way; from exterior property lines of the development and according      to Conditional Use Permit.       

                                                  Shore Minimum          75 ft.   

 (5)  Approval.

 (a)    Application.  In addition to the requirements of Section 4.0 there shall be a preliminary plan provided with each application. The data on this plan shall conform to the standards of Section 5.0 of the Town of Black Wolf Zoning Ordinance and all provisions of the Black Wolf Subdivision Ordinance and shall also show:

 1)      The overall plan for development; including grading, landscaping, exterior design and location of buildings, lots, all common structures, facilities, utilities, access roads, streets, sidewalks, parking and open spaces;

2)      Total development area (square feet);

3)      Total proposed number of living units;

4)      Total proposed building area at ground level including garages, carports, and other community facilities;

5)      Total open space area (square feet);

6)      Total number of parking spaces;

7)      In the event the Town Of Black Wolf Planning and Zoning Committee and the Black Wolf Town Board approves the preliminary plan, or tentatively approves it with condition, the applicant shall submit a final plan for final approval within six (6) months. (After six (6) months the applicant must resubmit an original application in order to be eligible for further consideration.)

(b)   Permit. Issuance of a Conditional Use Permit shall be based upon the following evaluation of the final plan by the Planning and Zoning Committee with approval by the Town Board:

 1)      That the final plan conforms to the conditions for approval of the preliminary plan;

2)      That all Basic District Standards are satisfied;

3)      That the overall density of the project is in compliance with a comprehensive plan, or where no such plan has been duly adopted, is, in the Town of Black Wolf Planning and Zoning Committee's judgment, compatible with the surrounding area and/or within the capacity of the community's public services;

4)      That public sewer and adequate water is present;

5)      That landscaping and grading will be done to assure compliance with Sec. 2.6;

6)      That the streets to be provided will assure a traffic circulation pattern which minimizes through traffic, allows for adequate turning and parking and provides ample space for the turning and effective use of snow plows, garbage and fire trucks, the loading and unloading of furniture, and other pickups and deliveries without blocking traffic;

7)      That there will be a minimum number of conflicts between pedestrian and vehicular traffic;

 8)      That adequate lighting will be provided;

 9)      That the final plans include the planting of adequate trees and shrubs where not already present;

 10)  That the design of the development is in harmony with existing surroundings and will not be detrimental to the character of the neighborhood;

 11)  That adequate surety bonds and/or scheduling dates are provided to guarantee the improvements shown on the plans;

12)  That deed restrictions are included, to assure the proper preservation, care, and maintenance, by the original and all subsequent owners of the exterior design and layout of the development and of all common structures, facilities, utilities, accesses, open spaces and park lands;

13)  That the final plan shall be platted and duly recorded according to the standards and procedures of the Town of Black Wolf Subdivision Ordinance and Chapter 236 of the State Statutes.

(6) Conditional Uses. (According to Section 4.0 and Approval above)

(a)    Location, site, and operational plans for all structures and improvements which serve the principal use.

(b)   All principal, conditional, and Sec. 4.4 approval uses of the B‑l and B‑2 Business Districts and any other business uses which will complement the density and setting of the residential development.

(c)    Elevator apartments in excess of thirty‑five (35) feet in height when distance between subject building and other structures and/or from property lines is increased at a rate of two (2) feet for each additional five (5) feet of height of the building over the first thirty‑five (35) feet of height.

(d)   All uses specified under Sec. 2.9.

(e)    All uses specified under Sec. 3.2.

(f)     All conditional uses specified under R‑3 two Family Residential.

(g)    Patio, or zero side yard houses.

(h)    Single and two family residences with on-site sewage disposal systems; providing the overall density of the development does not exceed two (2) dwelling units/acre.

(i)      Private roads.

3.9       M H ‑ l Mobile Home District. (subdivided, sewered).

(1) Statement of intent.  The intent of this district is to provide a lot size and associated standards for mobile homes in a duly recorded and legally maintained subdivision. The criteria of this district have been designed to provide reliable home-sites in those developing areas which have public sanitary sewer, and which offer a "suburban" arrangement of amenities, services, facilities, etc.  It is the intent of the Town of Black Wolf not to create or provide a Mobile Home District.

(2)   Principal uses.  Shall include mobile home dwellings on lots which have been developed and recorded according to Chapter 236 of the State of Wisconsin Statutes, the Town of Black Wolf Subdivision Ordinance.

 (3)   Basic District Standards  The basic lot standards in this district shall be according to R‑2 "Suburban Residential District".

(4)   Conditional Uses. (according to Section 4.0). Permitted Conditional uses in this district shall be as follows:

(a)    All uses specified under Sec. 2.9.

(b)   All uses specified under Sec. 3.2.

(c)    Mobile home parks according to the procedures for application and Permit provided under the R‑5 "Planned Residential District" providing:

                            1)      Each mobile home shall be located on a lot of not less than forty three thousand five hundred and sixty (43,560) square feet (one acre).

2)      Each mobile home lot shall contain a parking space upon which the mobile home shall be situated which parking space shall be paved with concrete or bituminous material.

3)      There shall be a system of roadways with a minimum of thirty‑six (36) feet widths, surfaced as required by item 2) above, providing access from each and every trailer and automobile parking space within such mobile home park to the public street or highway; provided that there shall not be more than two (2) entrances from or exits to such street or highway from any one such park.

4)      Each mobile home space shall be separated from all other mobile home spaces, automobile parking spaces, or service buildings or structures within such park by open spaces, permanently planted to grass, flowers, shrubs, or trees, which shall not be less than Fifteen (15) feet wide, except that there need not be more than a five (5) foot setback from an access driveway; provided, however, that such five (5) foot setback shall apply to the longest trailer to be accommodated within such park.

5)      Each mobile home park shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required yards and open spaces, which shall not be less than fifteen (15) feet wide.

6)      Each mobile home park shall have an office constructed as a safe storm shelter to accommodate the residents and staff of the mobile home park and shall maintain an office where a register shall be kept for the registration of all occupants, which register shall be open to town officials for inspection.

3.10     G-1 Garage Lot District. (Floating)

(1)   Statement of intent.  The intent of this district is to allow the establishment of "Garage" lots in conjunction with residential lots in existence on the effective date of this ordinance which do not have sufficient area, width, or depth to allow construction of a garage.

(2)   Principal uses.  Shall include One (l) detached garage as a garage. This district will allow the establishment of such a garage lot in direct proximity to an existing residential lot. (According to Sec. 2.9).

 (3)   Basic District Standards The basic lot standards in this district shall be as follows:

                        Lot          Width    As required to align directly with an existing residential lot, but shall not be less than 40 ft.       

                                       Area         Minimum    As required to meet yard              minimum requirements  

                        Structure  Height      Maximum         17 Ft.  

                                       Floor Area Maximum       750 sq. ft.        

                        Yards        Street      Minimum          30 ft.

                                        Rear        Minimum          25 ft.   

                                        Side        Minimum          10 ft. one side

                                                                             25 ft. total both sides

                                        Shore      Minimum          75 ft.   

In addition, prior to the issuance of a zoning permit, the garage lot and existing related residential lot shall be deed restricted so as to require use and all transfers of ownership of the two lots as one (1) parcel.

 (4)   Approval of Building Site And Operational Plans. (according to Sec. 4.4) Boathouse. According to Sec. 3.3 (6).

3.11     Business Districts Interpretation. The uses within each of these districts have been grouped according to the expected intensity of the commercial activity. Also, lot sizes have been adjusted according to service by public sewer or on‑site sanitary system.

3.12     Business Conditional Uses. Business conditional uses and their accessory uses are considered as special uses which require review, public hearing, and approval ‑ if there is approval ‑ all in accordance with Section 4.0 of this Ordinance.

         In addition to those stated under Sec. 2.9, the following shall be conditional uses in all business districts of this Ordinance:

(1)   Residential apartments may be permitted as a conditional use provided that the quarters are an integral part of the design of the commercial activities not exceeding sixty (60) percent of the floor area of the structure.

(2)   Public passenger transportation terminals, such as heliports, bus and rail depots ‑ except airports, airstrips, and landing fields ‑ provided all principal structures and uses are not less than Three Hundred (300) feet from any residential district boundary.

(3)   Planned Business District with minimum of four (4) acres in one ownership and with a minimum frontage of 200 feet subject to the Approval procedures for Permit provided under the R‑5 "Planned Residential District."

3.13     Business Accessory Uses.  In addition to those accessory uses and standards specified under Sec. 2.9 the following accessory standards shall apply in Business Districts:

(1)   Security fences are permitted on the property lines, but shall not exceed ten (10) feet in height and shall be an open type similar to woven wire or chain link fencing.

(2)   Outdoor lighting installations are permitted in all yard areas, but no closer than three (3) feet to an abutting property line and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties. Wisconsin State electrical codes shall be followed and height shall not exceed twenty five (25) feet.

(3)   Residential quarters are permitted within the business structure providing the occupant is an owner, manager or caretaker of the business.

(4)   Signs are permitted according to Section 7.0.

(5)   Parking is required according to Section 5.0.

(6)   Garages and storage buildings for storage of vehicles, supplies, equipment, etc. used in conjunction with the operation of the business.

3.14     B‑l Local Service District.

(1)   Statement of Intent. The intent of this district is to provide for an individual or a small grouping of retail and customer service establishments which will serve the daily needs of the local area residents. The physical location and arrangement of these facilities should be laid out so as to orient themselves to the local residential population to be served while remaining compatible in appearance and character with this area.

Recommended District Size:      80,000 ‑ 130,000 Sq. Ft. (un-sewered)    

                                                40,000 ‑   65,000 Sq. Ft. (sewered)

(2)   Principal Use.  The following uses and similar stores and shops offering convenience goods and personal services, provided that they shall be retail establishments, selling and storing only new merchandise provided there is no outdoor storage yard, and provided that retail convenience or service facility does not exceed 1,500 Sq. Ft. of area for the principal structure:

                  (a)    Low traffic generating retail stores and shops offering convenience goods and services, e.g. mini-markets, bakeries, and beauty shops;

(b)   Business and professional offices;

(c)    Specialties, e.g. dance schools and art studios;

(d)  Customer service establishments, e.g. tailor shops and restaurants not to include drive in or drive up type.

(3)   Basic District Standards. The basic lot standards in this district shall be as follows:

                         Lot (sewered)       Frontage           Minimum          100 ft. 

                                                    Width               Minimum          100 ft. 

                                                    Area                 Minimum         5,000 sq. ft.   

                        Lot (un-sewered)    Frontage           Minimum          100 ft. 

                                                     Width               Minimum          100 ft. 

                                                     Area                 Minimum        30,000 sq. ft.   

                        Building                  Height              Maximum         15 ft.   

                        Yards                     Street               Minimum          50 ft.

                        (sewered)              Rear                 Minimum          25 ft.  .                                                   Side                  Minimum    10 ft. both sides   

                                                     Shore               Minimum          75 ft.   

                        Yards                      Street              Minimum          50 ft

                        (un-sewered)           Rear                Minimum          50 ft.

                                                      Side                Minimum  10 ft. both sides

                                                      Shore              Minimum          75 ft.   

 (4)   Conditional Uses. (according to Section 4.0) permitted conditional uses in this district shall be as follows:

(a)    All uses specified under Sec. 3.12.

(b)   Any other specific low intensity business use which does not easily identify with a principal use category.

 3.15     B‑2 Community Business District.

 (1)   Statement of Intent. The intent of this district is to provide for the orderly and appropriate grouping of retail stores, service establishments, non‑highway oriented lodging and entertainment facilities. The size and location of such facilities should be based upon a justifiable community need, adequate consumer potential and a relationship to traffic circulation which will assure servicing of several neighborhoods.

Recommended District Size:      130,000 ‑ 220,000 (un-sewered) Sq. Ft.

                                                  65,000 ‑ 110,000 (sewered) Sq. Ft.

(2)   Principal Uses. Shall include all uses permitted in the B‑l district and uses and stores and shops offering retail goods and services to surrounding neighborhoods, provided there are no outdoor storage yards, including, but without limitation by such enumeration:

                   Antique Shops

Appliance Stores

Churches

Dry Goods Stores

Financial Institutions

Garden Supplies

Catalog Stores

Florist & Gift Shops

Carpet Stores

Travel Bureaus

Caterers

Furniture Stores & Upholstery Shops

Hardware/Sporting Goods Stores

Heating Supplies

Junior Department Stores except Discount Department Stores and Discount Centers

Leather Goods & Luggage Stores

Medical Appliances

Photographic Supplies

Plumbing and Heating Supplies

Radio & TV Repair & Service Shops

Taxidermists

Trade and Variety Stores

Bicycle Sales, repair & rental

Card & Picture Framing Shops

Office Supplies

Pet Shops For Indoor Sales Only

 (3)   Basic District Standards. The basic lot standards in this district shall be as follows:

                        Lot (sewered)       Frontage           Minimum          100 ft. 

                                                    Width               Minimum          100 ft. 

                                                    Area                 Minimum          15,000 Sq. Ft. 

                        Lot (un-sewered)   Frontage           Minimum          100 ft. 

                                                    Width               Minimum          100 ft. 

                                                    Area                 Minimum          30,000 Sq. Ft. 

                        Building                 Height              Maximum         25 ft.   

                        Yards(sewered)      Street               Minimum          50 ft.

                                                    Rear                  Minimum          25 ft.

                                                    Side                  Minimum       10 Ft. both sides

                                                    Shore                Minimum          75 ft.

                        Yards(un-sewered)  Street               Minimum          50 ft.

                                                     Rear                 Minimum          50 ft.

                                                     Side                 Minimum       10 Ft. both sides

                                                     Shore               Minimum          75 ft.

                        (4)   Conditional Uses. (According to Section 4.0) Permitted conditional uses in this district shall be as follows:

                   (a)    All uses specified under Sec. 3.12.

(b)   Supermarkets

     Places of Entertainment

     Small Engine Repair

     Laundry/Dry Cleaning Establishments employing not over four (4) persons

     Liquor Stores

     Music Stores with no outdoor speakers or amplification

     Night Clubs

     Personal Service Establishments

(5)   Approval of Building, Site and Operational Plans. (According to Sec. 4.4)

                (a)    Commercial recreational facilities, e.g.:

            Clubs                                       Dance Halls

            Driving Ranges                         Lodges

            Miniature Golf                          Physical Culture           

            Skating Rinks                           Bowling Alleys

   Pool & Billiard Halls                 Gymnasiums

   Theaters                                 Turkish Baths

   Arcades                                              

 (b)   Funeral Homes.

 (c)    Water‑oriented commercial uses when on lakes and streams, e.g., bait shops, bath houses, bathing and fishing areas, boat and marine sales, boat launching areas, boat liveries, boat storage, repair and service marinas, sales, service and repair, dance halls, fishing equipment sales, hotels, resorts, restaurants, and campgrounds.

 3.16     B‑3 General Business District.

 (1)   Statement of Intent. The primary intent of this district is to provide for the special development needs of those wholesale and retail stores, shops and services and those professional offices which, by their nature, are dependent upon a community wide trade area and/or employee base. The secondary intent of this district is to provide for certain commercial activities which are uniquely oriented towards the service of highway traffic. Therefore, whether for use as a community wide retail district, or for use by highway businesses, this district should be utilized to produce a safe and orderly placement of facilities and activities along and/or with access to major traffic routes. Additionally, when applied as a community wide business district, its size and location should be in relationship to the needs and economy of the entire service area.

Recommended District Size:      12 ‑ 20 Acres (un-sewered)

                                                  6 ‑ 11 Acres (sewered)

(2)   Principal Uses. Shall include all principal uses permitted in the B‑l and in the B-2 ­Districts. Also, the following uses and similar wholesale and retail stores, shops and services provided that they do not have outdoor storage yards:

 Automotive Part & Supply Stores

Department Stores, (except Discount Dept. Stores & Discount Centers)

Food Lockers

Monument Sales

Physical Culture & Health Studios

Printing, Advertising & Publishing Shops

Private Clubs, Lodges & Indoor Court Facilities

Trade & Contractors Offices

Feed & Seed Stores

Vending Machine Sales, Service & Repair

Wholesale Establishments, except Vehicle Wholesale & Auction

 (3)   Basic District Standards. The basic lot standards in this District shall be as follows:

                        Lot (sewered)       Frontage            Minimum          100 ft. 

                                                    Width               Minimum          100 ft. 

                                                     Area                Minimum         15,000 Sq. ft.  

                        Lot (un-sewered)     Frontage          Minimum          100 ft. 

                                                      Width             Minimum          100 ft. 

                                                       Area               Minimum       30,000 Sq. ft.  

                        Building                    Height            Maximum         35 ft.   

                        Yards (sewered)        Street             Minimum          50 ft.

                                                       Rear                Minimum          25 ft.

                                                       Side                Minimum       10 ft Both sides

                                                       Shore              Minimum          75 ft.

                        Yards (un-sewered)   Street              Minimum          50 ft.

                                                       Rear                Minimum          50 ft

                                                       Side                Minimum     10 ft. Both sides

                                                       Shore              Minimum          75 ft.

            (4)   Conditional Uses. (According to Section 4.0) Permitted conditional uses in this District shall be as follows:

                   (a)    All uses specified under Sec. 3.12.

(b)   All conditional uses specified under the B-2 District.

(c)    Vehicle Body Shops when accessory to sales, but not including the storage of junked or wrecked vehicles and parts.

(d)   Drive-in Theaters.

(e)    Commercial stables with a minimum of twelve (12) acres.

(f)     Model homes and garages.

(g)    Animal hospitals with or without boarding, with outdoor pens, providing all principal structures are at least three hundred (300) feet from any less restrictive zoning district.

(h)    Auction galleries (indoor only).

(i)      Auto, Truck & Heavy Equipment Sales, Service and Mechanical repair.

(j)     Automotive Upholstery Shops.

(k)   Boat Sales, Rental and Repair.

(l)      Building Material & Product Sales.

(m)  Exterminating Shops.

(n)    Motorcycle and RV Sales, Repair and Service.

(o)   Newspaper Offices and Press Rooms.

(p)   Radio Broadcast Studios.

(q)   Second Hand Shops and Pawn Shops.

5)   Approval of Building Site and Operational Plans. (According to Sec. 4.4)

                 (a)    All uses requiring Sec. 4.4 Review under the B‑2 "Community Business District"

(b)   Highway Business Uses ‑ (H.B.) ‑ such as:

       1)      Drive‑in establishments serving food or beverages for       consumption outside the structure.

2)      Motels, mini‑warehouses.

3)      Tourist's homes provided such district is located on a State Trunk or U.S. numbered highway.

4)      Highway oriented recreation, e.g. driving ranges, miniature golf.

5)      Discount Department Stores and Discount Centers.

6)      Home building centers, including lumber yards.

7) Outdoor sales, e.g. garden centers, nurseries, greenhouses and landscaping supplies.

8)      Any B‑3 Principal Use to be developed in an area mapped as B‑3 (H.B.).

(c)    Outdoor Display Areas when accessory to a principal use.

 (6)   Adult Entertainment Overlay District (AEO)

 (a)    Statement of Intent.  Mindful of the fact that it is the intent of this Ordinance to protect the health, safety and morals of the citizens of the Town of Black Wolf and to further preserve the quality of family life and to preserve the rural and urban characteristics of its neighborhood in the Town of Black Wolf and prevent adverse and deleterious effects contributing the blight and downgrading of neighborhoods, and also mindful of the effects of adult entertainment upon minors and the violation of civil rights of many persons partaking in such entertainment and also mindful of the criminal activity and disruption of public peace associated with such establishments of adult entertainment. By the enactment of the Ordinance, the Black Wolf Town Board does not intend to give any explicit, implicit or tacit approval or condone any activity relating to adult entertainment.

(b)   Definitions.  For the purpose of this section:

“Specified sexual activities” is defined as:

1)      Human genital in a state of sexual stimulation or arousal.

2)      Acts of human masturbation, sexual intercourse or sodomy.

3)      Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

“Specified anatomical areas” is defined as:

1)      Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the aureole.

2)      Human male genitals in a discernibly turgid state even if completely and opaquely covered.

 “Adult Establishments” includes bookstores, motion picture theaters, mini motion picture theaters, bath houses, massage parlors, modeling studios, body painting studios, cabarets and video rental and sales agencies, and are specifically defined as:

1)      Adult Bookstore.  An establishment having a substantial or significant portion of its stock and trade in books, magazines and other periodicals, videos, tapes, and other similar items, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein or an establishment with a segment or section devoted to the sale or display of such material.

2)      Adult Motion Picture Theater.  An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein for observation by patrons therein.

3)      Adult Motion Picture Theater (Outdoor).  A parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.

4)      Adult Mini Motion Picture Theater.  An enclosed building with a capacity for less than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein for observation by patrons therein.

5)      Adult Bath Houses.  An establishment of business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this ordinance.

6)      Adult Massage Parlors.  A business or establishment with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides for its patrons the opportunity to engage in “specified sexual activities” as defined in this ordinance.

7)      Adult Modeling Studios.  An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

8)      Adult Body Painting Studios.  An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude.  For the purposes of this ordinance, the adult body painting studio shall not be deemed to include a tattoo parlor.

9)      Adult Cabaret.  An establishment or business which features male an/or female topless and/or bottomless dancers, go go dancers, exotic dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.

10)  Adult Novelty Shop.  An establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items including movies, tapes, videos, books, etc., which are distinguished or characterized by their emphasis on, or designed for, specified sexual activity as defined herein or stimulating such activity.

11)  Adult Video Stores.  An establishment or business that provides video rentals or sales which are distinguished or characterizes by their emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas” as defined herein or an establishment with a segment or section devoted to the sale or display of such material.

 (c)    Adult Entertainment District.  So as to ensure a maximum benefit to the community and a minimum impact upon existing and future uses of land, there is hereby created an adult entertainment district which, subject to the standards set forth in the Ordinance, may be used for an adult establishment as defined herein.

(d)   Adult Entertainment District Overlay - General Standards.  Adult bath houses, body painting studios, bookstores, cabarets, massage parlors, mini-motion picture theaters, modeling studios, motion picture theaters, motion picture theaters (outdoors), novelty shops and video stores in the AEO District.

 1)      The Adult Entertainment District shall only be established by Conditional Use Permit in situations in which the underlying district is a B-3 Business District.

2)      No more than one of the above adult uses may be established on any one parcel and the establishment of any one of the above adult uses shall be at least 1500 feet from the establishment of any other adult use.  No adult shall be permitted within 2000 feet of any land zoned residential or institutional or within 2000 feet of a residential Planned Unit Development or Residential Property in Agricultural Zoning.

3)      There shall be no sale of intoxicating beverages in the Adult Entertainment District.

4)      Signs advertising any of the aforementioned adult uses shall conform with Section 7 of this Ordinance with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises, and with the further exception that signs will not depict specified sexual activities and/or specified anatomical areas as defined in the Ordinance, and provided further that there shall be no flashing or traveling lights located outside the building.

5)      Adequate parking shall be provided in a lighted area.

6)      There shall be no display windows on the premises.

7)      The owner and/or operator of the adult entertainment establishment shall agree to comply with all State, Federal and Local laws and ordinances, including obscenity, liquor and cabaret laws, and shall further insure that minors are not permitted on the premises.  Solicitation for purposes of prostitution shall be strictly prohibited.

8)      In the case of adult cabarets, there shall be compliance with Section 3.15 (4) of this Ordinance relating to noise, and the hours of operations for such establishments shall be limited to the same hours of operation for bars and taverns within that community within which the district is located, it shall also comply with the Town of Black Wolf Cabaret Ordinance.

9)      In the case of adult motion picture theaters (outdoors), the establishment shall comply with the same conditional use standards set forth for drive-in theaters in the B-3 District and shall furthermore comply with the standards set forth in Sections 3.16 (4) of this Ordinance pertaining to noise.  Furthermore, outdoor adult motion picture theaters shall confine their hours of operation to those hours of operation established for bars and taverns within the community within which the establishment is located.  Outdoor adult motion picture theaters shall also have a viewing screen located in such a fashion as to not be visible from any road, street, highway or residence and the premises shall be surrounded by solid fencing at least eight feet in height.  All theaters shall be in compliance with Section 134.46 of the Wisconsin Statutes.

10)  Prior to the establishment of an adult entertainment district, an inventory of the surrounding area and population shall be made by a Registered Land Surveyor or Planner, along with a study of proposed development and plans for the area so as to enable the Town of Black Wolf Planning & Zoning Committee to make appropriate findings relating to the effect of the establishment of such a district in that area.

11)  The owner of the parcel upon which the adult entertainment use is to be established and the operator of the establishment and owner of the establishment shall appear in person before the Town of Black Wolf Planning & Zoning Committee.

 (e)    Principal Uses.  No principal uses shall be permitted as a matter of right in the Adult Entertainment Overlay District.  All uses shall be conditional uses.

 (f)     Conditional Uses.

                             1)      Adult Bath Houses

2)      Adult Body Painting Studios

3)      Adult Bookstores

4)      Adult Cabarets

5)      Adult Massage Parlors

6)      Adult Mini-Motion Picture Theaters

7)      Adult Modeling Studios

8)      Adult Motion Picture Theater

9)      Adult Motion Picture Theaters (Outdoors)

10)  Adult Novelty Shops

11)  All Accessory, Conditional, and Principal Uses of Underlying District

12)  Video Rentals/Sales Agencies

 (g)    Underlying District Standards.  Lot area and width, building height and area, yard requirements and sanitary sewer systems required in the underlying district shall be complied with in the Adult Entertainment Overlay District.

 (h)    Procedure for Establishing Adult Entertainment District.

1)      An application for the establishment of an Adult Entertainment District petitioning for the issuance of a conditional use permit shall be made in accordance with Section 5 4.

2)      No application for an Adult Entertainment District shall be approved by the Town of Black Wolf Planning and Zoning Committee unless, however, the following findings have been made:

                            a)    That all the standards and requirements in this Ordinance have been met.

b)      That the proposed use will not be a detriment to the public welfare.

c)      That the proposed zoning change is consistent with the general intent of any  comprehensive plan in existence.

d)      That the existing streets and utility services are adequate for the proposed use.

e)      That the establishment will in no way contribute to the deterioration of the  surrounding neighborhood.

f)        That the presence of the adult entertainment establishment will not have a harmful  influence on children residing in or frequenting the area.

 3)      Approval of the application shall cause the official zoning map to be annotated as an Adult Entertainment District (AEO).

 3.16-A  B-4 Business Park District (Sewered Only)

 (1)   Statement of Intent.  The intent of this district is to provide for the development of an attractive and aesthetically pleasing mixed group of office uses and activities in a park-like setting.  This district is further intended to promote the provision of ample off-street parking and loading areas, on-site open space, landscape plantings, and planting screens in areas adjacent to non-business or other incompatible land uses/zoning districts.

(2)   Principal Uses.  The following and similar uses shall be permitted subject to the same process of application, except that a public hearing shall not be necessary.  Upon written request by the Town of Black Wolf Town Board all site development plan review, approval, and enforcement within the B-4 district shall be done by the Town.  When such review, approval and enforcement authority has been transferred to a Town, such authority shall remain with the Town for a period of not less than 12 months, after which time the Town may request the County take over this responsibility.  When a Town has assumed the review, approval and enforcement authority, the plan review fee, if any, shall be as set forth by the Town.

                   (a)    Printing and publication

(b)   Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(c)    Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.

 (d)   Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investments, insurance agency, insurance carriers, governmental and public services.

 (3)   Accessory Uses.  Section 3.13 (1) - (6) shall not apply in the B-4 zoning district.  The following accessory uses shall be permitted:

(a)    Fences.  Security fences are permitted on the side and rear property lines but no closer to the street yard property line than the principal structure.  Security fences shall be of an open type (not more than 50% opacity) and shall not exceed eight (8) feet in height.  Decorative and privacy fences (i.e. wooden wrought iron, etc. versus chain link) no more than six (6) feet in height shall be permitted on the side and rear property line but no closer to the street yard property line than the principal structure.  Decorative fences four (4) feet in height or less shall be permitted with a ten (10) foot street yard setback.

(b)   Outdoor Lighting.  Outdoor lighting installation shall be regulated as follows:

                            1)     No light fixture shall exceed twenty-five (25) feet in height.

2)      All outdoor lighting fixtures shall be of a cut-off design (i.e. shall not emit light at an angle greater than 90 degrees from vertical).

3)      All outdoor lighting fixtures shall be adequately shielded or directed so as to confine the area of light dispersion to the property and/or building area on which such fixture is located.

4)      Use of wooden poles for outdoor lighting shall be prohibited.

5)      The following types of lighting shall be prohibited except as otherwise approved by the Town of Black Wolf  Town Board:

 a)      Festoon lighting, “string” lighting or any light source erected in such manner as to be subject to noticeable periodic movement as a result of wind pressure or atmospheric conditions.

b)      Any artificial light source that creates glare within the normal range of vision from any public walk or thoroughfare under normal weather conditions.

c)      Display of intermittent lights or flashing, blinking, moving, beacon or search lights except as follows:

1.      Where such lights are required by State or Federal Law.

2.      Where such lighting is a temporary nature including but not limited to holiday displays and grand opening events.

 (c)    Signs.  Signs shall be permitted in accordance with Section 7 of the Town of Black Wolf Zoning Ordinance.

(d)   Parking.  Parking requirements shall be in accordance with Section 5 of the Town of Black Wolf Zoning Ordinance except as follows:

 1)      No driveway or parking area shall be located closer than ten (10) feet to a side or rear lot line or twenty-five (25) feet to a street yard lot line.  That portion of driveway required for roadway access shall not be subject to the aforesaid street yard setback requirement.

2)      All parking and driveway areas shall be hard-surfaced (i.e. blacktop, concrete, etc.) within twelve months of receiving approval to occupy the principal structure.

 (e)    Garages and Storage Buildings.  Detached garages and storage buildings for storage of vehicles, supplies, equipment used in conjunction with the operation of the premises or for use by the resident occupant of the premises subject to the following conditions:

   1)      No detached garage or storage building shall exceed twenty (20)     feet in height.

2)      No detached garage or storage building shall be situated closer than ten (10) feet to a side or rear lot line nor shall detached garage or storage building be situated closer to the street yard lot line than the principal structure.

 (f)     Radio and Television Antennas.  Radio and television antennas not attached to the principal structure may be permitted to the sides and rear of the principal structure provided they are set back from the side and rear property lines a distance equal to or greater than the height of the antenna.  No radio or television antenna shall be situated closer to the street yard lot line than the principal structure.

(g)    Satellite Dishes.  Satellite dishes shall be permitted subject to the following conditions:

                   1)      Not more than one satellite earth station may be allowed per lot.

2)      Satellite earth stations shall be allowed in rear and side yards, however, satellite stations may not be any closer to the streetline than the established setback of the principal building or structure.

3)      Side and rear yard setbacks shall be equal to or greater than the required side and rear yard setbacks for the principal structure, but not less than the total vertical height of the satellite earth station.

4)      Satellite earth stations attached to the wall or roof of any principal or accessory structure shall be permitted subject to engineering calculations being prepared by a registered professional engineer certifying that the proposed satellite earth station is structurally sound.  A building mounted satellite station where visible from the front lot line will be permitted only when reception would not be possible from a less conspicuous location as verified by appropriate test data.

5)      The owner who proposes a building-mounted satellite earth station must also submit a plan for screening the satellite earth station from surrounding properties in a manner that is appropriate to the architecture of the building.  Building mounted satellite earth stations shall not exceed the maximum height regulation of the zoning district in which they are located.

6)      Ground mounted satellite earth stations located where visible to adjacent streets or roadways or neighboring properties shall be of a dark color and effectively screened by the use of appropriate landscaping or a structure (i.e. 100% opaque screening).

7)      All satellite earth stations shall be permanently mounted in accordance with the manufacturer’s specifications for installation.  All installations shall meet a minimum wind load design velocity of eight (8) m.p.h.

8)      No form of advertising or identification is allowed on the dish or framework other than the customary manufacturer’s identification plates.

9)      Portable or trailer mounted satellite earth stations are not allowed.  Exception:  Temporary installations for on-site testing and demonstration purposes may be allowed for periods not to exceed 46 hours with prior approval from the Town Building Inspector or his/her designee.

10)  Electrical installations in connection with earth satellite receiving stations including grounding of the systems shall be in accordance with the National Electrical Code Standards.

11)  All cable used to conduct current or signals from the satellite earth station to the receivers shall be installed underground.

12)  Satellite earth stations that cause any interference with the radio and/or television broadcasting or reception on nearby properties shall be governed in accordance with Federal Communications Commission Standards.

13)  No satellite earth station shall be erected without first obtaining a building and zoning permit.

 (4)   Conditional Uses.  Section 3.12 shall not apply in the B-4 zoning district.  The following and similar uses shall be permitted subject to application, review, and approval in accordance with Section 4 of the Town of Black Wolf Zoning Ordinance.

 (a)    Health clubs, barber shops, beauty salons, florists, (not including greenhouses) and studios for photography, painting, music, dance and other recognized fine arts where such uses are situated in the building of an approved principal use.

(b)   Commercial child day care facilities.

(c)    Restaurants (not including drive-in or drive-thru facilities), when located in the building of an approved principal use.

(d)   One residential living quarter when located within the building of an approved principal use and provided occupancy thereof is restricted to an owner, manager, caretaker or employee of the principal business.  Such living quarter shall not exceed 1000 square feet in floor space, or 1% of the total building floor space, whichever is less.

(e)    Outside storage yards accessory to an approved principal use, provided such storage is adequately screened from the surrounding view.

 (5)   General Regulations.

   (a)    No use which is offensive by reason of odor, smoke, fume, dust, noise, vibrations, radioactive emissions, pollution, or which presents excessive danger for fire or explosion shall be permitted.

(b)   Site access shall be oriented toward internal circulation drives with limited access points to existing roads.

(c)    All business park developments shall be serviced by underground utilities and infrastructure.

(d)   No transformer, electric, gas or other meter of any type shall be visible from the surrounding roadways or neighboring properties.  Curb, gutter and storm sewer shall be required in all business park developments.

(e)    All business, servicing, processing, or storage except for off-street loading and parking areas, shall be conducted within completely enclosed buildings unless otherwise permitted herein or specifically approved by the Town of Black Wolf Plan Committee and Town of Black Wolf Town Board.

(f)     To alleviate any potential off-site impacts due to increased storm water run-off attributes to the business park development, one or more storm water retention/detention areas may be required.  If such retention/detention areas are required, it shall be the responsibility of the property owner, or if applicable, the Property Owner’s Association, to provide maintenance and upkeep thereof.

 (6)   Basic District Standards

   (a)    Lot size.  All lots shall have a minimum area of not less than thirty thousand (30,000) sq. ft.

(b)   Lot Width.  All lots shall have a minimum width, as measured at the street yard set back, of not less than one hundred (100) feet.

(c)    Lot Coverage/Open Space.  Not more than 60 percent of the lot shall be covered by an impervious surface (i.e. buildings, structures, pavement, etc.).  The open space configuration shall be an important element in the site plan review process.

(d)   Building Size/Floor Area Ration.  The building(s) floor area ratio shall not exceed 40 percent.  The floor area ratio shall be calculated as the gross floor area of all buildings on a site divided by the gross site area.

(e)    Building Height.

 1)      Principal structures.  Principal structures shall not exceed 25 feet in height.

                   (f)     Yards.

   1)      Street.  All structures shall be setback a minimum of 60 feet from any public, private, or officially mapped street/right-of-way.  All parking lots or drives shall be setback a minimum of 30 feet from any public, private or officially mapped street/right-of-way.

2)      Rear.  All structures shall be setback a minimum of 25 feet from the rear property line except as otherwise specified in this section.

3)      Side.  All structures shall be setback a minimum of 20 feet from the side property line except as otherwise specified in this section.

4)      Shore.  All structures shall be setback a minimum of 75 feet.

* The above yards shall apply except where any portion of the development is adjacent to a residentially zoned property, in which case the Town of Black Wolf Planning and Zoning Committee and Town of Black Wolf Town Board may require an increased setback of up to 50 feet if deemed necessary to prevent an adverse impact of the residential site.

 (g)    Loading Docks.  Loading docks shall generally not face a dedicated or reserved public street.  Sufficient on-site space shall be provided for each principal use as will enable the maneuvering of trucks to and from the loading docks without using public streets.

(h)    Roof-Mounted Equipment.  All roof-mounted equipment shall be located, screened and/or painted using colors and architectural materials compatible with the principal building in order to minimize its visibility from streets and neighboring properties.

(i)      Outside Storage.

  1)      All required setback yard areas shall be landscaped and kept clean and free from the accumulation of debris and/or refuse, and shall not be used for the storage or display of any equipment, materials, products, vehicles or supplies.

2)      All development sites shall provide a refuse storage area adequate in size to serve the business uses situated thereon.  Refuse storage receptacles shall be entirely screened from the view of surrounding properties and streets and the screening shall be a height not less than the height of the refuse receptacle.

3)      Refuse storage areas shall be permitted only to the rear of the principal structure.  In no case shall a refuse storage area be situated closer than 20 feet to a side or rear property line.

 (j)     Landscaping.  Within one year of receiving approval for building occupancy, all yard areas shall be graded, landscaped and planted with trees, shrubs, ground cover and appropriate natural landscaping materials.  Landscaping shall relate to the paved and building areas of the site relative to massing, size, shape and color.  At the time of planning, vegetation shall be of sufficient size as to noticeably enhance the site (i.e. elements).  Plant material shall be of hardy quality, preferably native to Wisconsin.

(k)   Architectural Control.

   1)      All exterior building walls shall be of the same color scheme and shall utilize the same architectural materials.

2)      The exterior building walls may be of metal except the lower one-third or lower seven feet (whichever is less) shall be of masonry, stone, glass or architectural precast concrete panels.

3)      Plain concrete blocks are prohibited on any exterior surface of a building.

 (l)      Sanitation.  In the interest of maintaining compact development patterns which in turn promotes efficiency in the delivery of public services such as police and fire safety, transportation, etc., B-4 (Business Park) developments shall be required to utilize municipal sewage disposal systems.  Private on-site sewage systems such as septic, mound and holding tanks are expressly prohibited in the B-4 district.

 (7)   Basis for Approval.

 (a)    To implement the intent of the B-4 district as set forth in Section 3.16 of the Town of Black Wolf Zoning Ordinance, site development plan review shall take into consideration, existing and proposed structures, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading areas, highway access, traffic generation and circulation, drainage, sewerage and water systems, and proposed operation.  The Town of Black Wolf Planning and Zoning Committee or Town of Black Wolf Town Board of Supervisors will approve said site plans only after determining that:

1)      The proposed use(s) conform(s) to the uses permitted in that zoning district.

 2)      The dimensional arrangement of building and structures conform to the required area, yard, setback, and height restrictions of this section.

3)      The proposed use conforms to all use and design provisions and requirements (if any) as found in this section for the specified uses.

4)      There is a proper relationship between the existing and proposed streets and highways within the vicinity of the projects in order to assure the safety and convenience of pedestrian and vehicular traffic.

5)      The proposed on-site buildings, structures, and entryways are situated and designated to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress, interior/exterior traffic flow, stormwater, drainage, erosion control, grading, lighting and parking, as specified by this section and any other codes or laws.

6)      Natural features of the landscape are retained where they can enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood.

7)      Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by appropriate screening, fencing, or landscaping, as provided or required in this section.

 8)      Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.

9)      The site plan is consistent with the intent and purpose of this section, which is to promote the public health, safety and general welfare, to encourage the use of lands, in accordance with their character and adaptability, to avoid overcrowding of population, to lessen congestion on the public roads and streets, to reduce hazards of life and property, and to facilitate existing community development plans.

3.17     P‑1 Institutional & Recreational Park District.

(1)   Statement of Intent. The intent of this District is to provide an area for public and private institutional and recreational uses. The area utilized for such a district should be such that it is compatible with and is an asset to the surrounding land uses.

 (2)   Principal Uses. Shall include public and private institutional uses such as: colleges and universities, parks and playgrounds, religious and charitable institutions, and schools.

 (3)   Basic District Standards. The basic lot standards in this district shall be as follows:

                         Lot                       Width               Minimum          200 ft. 

                                                     Area                 Minimum          43,560 sq. ft.

                                                                               (1 acre)

                        Building                  Height              Maximum         50 ft.   

                        Yards                      Street               Minimum          75 ft.

                                                      Rear                 Minimum          50 ft.

                                                      Side                 Minimum          15 ft.

                                                      Shore               Minimum          75 ft.   

 (4)   Conditional Uses. (According to Section 4.0) Permitted conditional uses in this district shall be as follows:

                  (a)    Airports, airstrips, and landing airfields with a minimum area of 20 acres.

(b)   Public and quasi‑public cultural recreational facilities, e.g.:

                            Golf Courses

Driving Ranges

Archery and Firearm Ranges (Outdoor)

Sports Fields

Zoological and Botanical Gardens

Race Tracks

Camp Grounds

Exposition & Fair Grounds

Riding Academies & Stables

(c)    The following shall require a minimum of twenty (20) acres:

Camp Grounds

Exposition & Fairgrounds

Riding Academies and Stables

Cemeteries

(d)   Penal Institutions

(5)   Accessory Uses. Permitted accessory uses in this district shall be as follows:

(a)    All accessory uses listed under Sec. 3.13.

(b)   Clubs, taverns, nightclubs, restaurants and convenience goods and services, etc. when supportive of the Principal Use.

(c)    All equipment and improvements used in conjunction with the Principal Use.

3.18     Agricultural Conditional Uses. Agricultural conditional uses and their accessory uses are considered as special uses which require review, public hearing, and approval ‑ if there is approval ‑ all in accordance with Section 4.0 of this Ordinance. In addition to those stated under Sec. 2.9, and unless otherwise specified, the following shall be conditional uses in all Agricultural districts of this Ordinance:

(1)   Airports, Airstrips and Landing Fields ‑ agricultural and nonagricultural related, with a minimum of 20 acres and compliance with all FAA Regulations

(2)   Cemeteries and Colleges and religious and charitable institutions, Crematories, Universities  

(3)   Condenseries, Creameries, Commercial butchering of animals, Commercial boarding of stable animals, Migratory Laborer Housing, Animal Hospitals

(4)   Sludge Disposal (Disposal must be in accordance with NR 113 of The Wisconsin Administrative Code.)

(5)   Storage and maintenance of construction equipment and vehicles is permitted as a conditional use if the storage area for all such equipment and vehicles is at least six hundred (600) feet from Residential, and Public and Semi‑Public Districts. Except not allowed in A‑l "Agri‑Business District".

(6)   Mobile home(s) which shall be occupied as an accessory use to the farm operation, except in the A‑1 Agri‑Business District, the occupant must earn a substantial part of his/her livelihood from farm operations on the parcel, providing:

   (a)    The Zoning Administrator verifies ‑ in writing ‑ said use of the proposed mobile home(s).

(b)   The farm operator agrees ‑ in writing ‑ that discontinuance of the Mobile home occupancy as the specified accessory use will necessitate removal of the mobile home.

(c)    The conditional use shall be renewed every two (2) years.

(7)   Farming operations, e.g. duck, turkey, mink farms, which involve potential nuisance conditions requiring special waste disposal and treatment facilities, e.g. lagoons and/or overhead irrigation disposal systems.

(8)   Nurseries and Orchards for commercial use.

 3.19     Agricultural Accessory Uses.  In addition to those accessory uses specified under Sec. 2.9 (2) and 3.3, the following accessory standards shall apply in all Agricultural Districts:

(1)   Security fences are permitted on the property line, but shall not exceed ten (10) feet in height and shall be of an open type or similar to woven wire or chain link fencing.

(2)   Signs are permitted according to Sec. 7.0.

(3)   One (1) roadside stand on any one (1) farm shall be permitted, providing it will be used only for the sale of the farm products raised on said farm.

(4)   Outbuildings.

 3.20     A‑1 Agri‑Business District.

 (1)   Statement of intent.  The intent of this district is to identify and to establish those areas of the Town suited to the economics of large scale agricultural uses. In turn, the value of this land is to be maintained by protecting these areas from the intrusion of urban uses. The location of this district should encompass sufficient acreage where soil characteristics and/or existing operations will facilitate extensive production of crops; forest products; livestock, poultry and their products; and dairy products. Identification of such districts should be by the use of detailed soil maps and by production records of the State of Wisconsin, Department of Agriculture. Principal uses shall include all farming and agricultural activities generally conducted on a large scale.

 (2)   Special Agri‑Business Provisions. Establishment of a lot(s) for existing dwellings not accessory to any farm operation and farm dwellings remain after consolidation of neighboring farms are permitted, providing the lot shall comply with all the provisions of the applicable Residential District.

 (3)   Basic District Standards The basic lot standards in this district shall be as follows:

                        Farm                   Frontage                  Minimum          300 ft. 

                                                  Area                        Minimum          80 acres          

                        Structure             Height                     Maximum         NONE

                                                  Spacing                   Minimum          10 ft. between each structure                                                                                                

                        Yards                   Street                     Minimum          75 ft.

                                                   Rear                       Minimum          50 ft.

                                                   Side                       Minimum        15 ft. ea side

                                                   Shore                     Minimum          75 ft.

 (4)   Conditional Uses. (According to Section 4.0) Permitted conditional uses in this district shall be as follows:

(a)    All uses specified under Sec. 3.18.

(b)   Town halls, town offices and town fire stations.

(c)    Farm dwellings which are for those resident laborers who earn a substantial part of their livelihood from farm operations on the parcel, provided: the zoning administrator verifies in writing said use of proposed residential unit. (Yard standards according to the applicable Residential District.)

 (5)   Accessory Uses.  Permitted accessory uses in this district shall be as follows:

(a)    All uses listed under Sec. 3.19.

(b)   Farm dwellings, (one and two family) for those resident owners who earn a substantial part of their livelihood from farm operations on the parcel. (Yard standards according to the applicable Residential District.)

3.21     A‑2 General Farming.

(1)   Statement of intent.  The intent of this district is to allow the development of small scale farming activities characterized by the mixed crop of the traditional "family farm" along with residential growth, although agriculture is to be recognized as the dominant activity in the district.

(2)   Principal uses.  Shall include all uses permitted in the A‑1 District and one and two family dwellings, whether or not accessory to farm operations. However, those residences which are not accessory to farm operations shall be restricted to the principal, accessory and conditional uses of the affected Residential uses.

  (3)   Basic District Standards. The basic lot standards for residential uses in this district shall be those of the applicable Residential District, whether R‑1 or R‑3. The basic lot standards for farm uses shall be as follows:

                         Farm                       Frontage                  Minimum         300 ft. 

                                                        Area                       Minimum         10 acres                                                                   Structure                  Height                    Maximum         NONE

                                                        Spacing                   Minimum         10 ft. between each structure

      Yards                       Street                     Minimum          75 ft.

                                                         Rear                      Minimum          50 ft.

                                                         Side                      Minimum          15 ft. each side

                                                         Shore                    Minimum          75 ft.

 (4)   Conditional Uses. (According to Section 4.0) Permitted conditional uses in this district shall be as follows:

(a)    All uses specified under Sec. 3.18, when developed according to Basic District Standards ‑ Farm.

(b)   All Conditional Uses specified under the applicable Residential Use: R‑1 for single family; R‑3 duplex when not according to Basic District Standards ­Farm.

 3.22     Industrial Conditional Uses. Industrial conditional uses and their accessory uses are considered as special uses which require review, Public hearing, and approval ‑ if there is approval ‑ all in accordance with Section 4.0 of this Ordinance. In addition to those stated under Sec. 2.9 (4), the following shall be conditional uses in all industrial districts of this Ordinance:

 (1)   Public passenger transportation terminals, except airports, airstrips and landing fields, provided all principal structures and uses are not less than three hundred (300) feet from any Residential district boundary.

(2)   Animal hospitals provided all principal structures and uses are not less than three hundred (300) feet from any Residential, Business, or, Agricultural use.

 3.23     Industrial Accessory Uses.  In addition to those accessory uses and standards specified under Sec. 2.9 (2) and 3.3, the following accessory standards shall apply in Industrial districts:

 (1)   Security fences are permitted on the property line, but shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or chain link fencing ‑ unless other specified by the conditional use permit.

(2)   Outdoor lighting installations are permitted in all yard areas, but no closer than three (3) feet to an abutting property line and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties, and shall meet all state electrical codes with height not to exceed 25 ft.

(3)   Signs are permitted according to Section 7.0.

(4)   Parking is required according to Section 5.0.

(5)   Storage facilities, power supply buildings and other uses normally supportive of the Principal Use.

 3.24     M‑1 Light Industrial District.

(1)   Statement Of Intent. The intent of this district is to provide for the development of "clean" industrial employment centers within the immediate vicinity of residential neighborhoods. As with any activity which draws users from beyond the immediate population which surrounds it, suitable traffic routes and parking facilities must be integral to the location and plot plan design of the district.

(2)   Principal Uses.  The following and similar uses are permitted subject to approval by the Town of Black Wolf Planning and Zoning Committee as to location and operations (provided there is no outside storage of equipment or products):

(a)    Research and testing laboratories, and training centers.

(b)   Warehousing, food locker plants, cold storage warehousing, etc..

(c)    Light industrial plants such as required for production of millwork, machine tools, paper containers, light metal fabrication, and similar small industries.

(d)   Manufacture, fabrication, packing, packaging, processing & assembly of confections, cosmetics, electrical appliances, electronic devices, foods (except garbage, fish and fish products, meat and meat products, and pea vineries), instruments, jewelry, pharmaceuticals, tobacco and toiletries.

(e)    Wholesalers and distributors.

(f)     Painting, printing, publishing establishments.

(g)    Commercial bakeries and trade and contractor's offices.

 (3)   Basic District Standards. The basic lot standards in this district shall be as follows:

                        Building                          Height              Maximum       45 ft.   

                        Accessory Building       Height              Maximum       30 ft.  

                        Lot                                 Area                 Minimum        As necessary to comply with all district regulations

                         Yards                             Street               Minimum       50 ft.       

                                                              Side                 Minimum       50 ft.

                                                              Rear                 Minimum       75 ft.                

                                                              Shore               Minimum       75 ft.

 (4)   Approval of Building Site And Operational Plans (According to Sec. 4.4) All structures and substantial improvements for principal uses subject to the following:

   (a)    No merchandise shall be handled for sale or service rendered on the premises except such as are incidental or accessory to the principal permissible use of the premises, except for sales or service to industrial customers.

(b)   All operations and activities of all uses within this district shall be conducted wholly inside a building or buildings.

(c)    No continuous or intermittent noise from operations greater than the volume and range of noise emanating from vehicular traffic or its equivalent in noise shall be detectable at the boundary line of any Residential District.

(d)   No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted.

(e)    No vibration shall be detectable beyond the lot lines.

(f)     No glare or heat shall be detectable beyond the lot lines.                         

(g)    The storage or use of chemicals either solid, liquid or gas, shall be subject to the following conditions:

    1)      The storage, utilization, or manufacturing of materials or products ranging from incombustible to moderate burning is permitted.

2)      The storage, utilization or manufacturing of materials or products ranging from free to active burning is permitted providing the following condition is met:

(a)    Said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

    3)      The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

(5)   Conditional Uses.  (According to Section 4.0) Permitted conditional uses shall be as follows:

(a)    All uses specified under Sec. 3.22.

 (b)   Outside storage yards.

 3.25     M‑2 Heavy Industrial District.  The intent of this district is to provide for industrial uses often considered offensive or unique by nature. The location of such industries often requires isolation from residential areas and placement within industrial parks. It is the intent of the Town of Black Wolf not to create or provide such parks, nor to make other provisions for such industrial uses within the Town.

3.26     M‑3 Extraction or Landfill District. (Overlay)

(1)   Statement of intent.  The intent of this district is to provide a means of properly regulating and reclaiming sites which are located primarily by their geological characteristics rather than to a planning and zoning process.  It is the intent of the Town of Black Wolf not to create or provide for such operations or land fill sites within the town after the effective date of this ordinance.

(2)   Principal uses.  Shall include mineral extraction operations and closed landfill sites that are presently in existence.

3.27    Wireless Communications Facilities Ordinance

(1)   Statement of Intent.  The purpose of this ordinance is to establish general guidelines for the sitting of towers and antennas.  The intent of this ordinance is to.,

  (a)    encourage the location of towers in non-residential areas and minimize the total number of towers throughout the Town of Black Wolf,

(b)   encourage collocation of new and existing tower sites,

(c)    encourage users of towers and antennas to locate them to the extent possible, in areas where the adverse impact on the community is minimal,

(d)   encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and

(e)    enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

 (2)   Definitions. As used in this ordinance, the following terms shall have the meanings indicated:

 (a)    "Alternative tower structure" shall mean man-made structures such as clock towers, water towers, buildings, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

 (b)   "Antenna " shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, radio frequencies, wireless telecommunications signals, including but not limited to directional antennas, such as panel(s), microwave and satellite dishes, and omni-directional antennas, such as whip antennas.

 (c)    "Collocation " shall mean the location of multiple antennas of more than one commercial wireless communication service provider or governmental entity on a single tower or alternative tower structure.

(d)   FAA”  shall mean the Federal Aviation Administration.

(e)    FCC”  shall mean the Federal Communications Commission.

(f)     Governing Authority”  shall mean the governing authority of the Town of Black Wolf  (Town Board, Planning and Zoning Committee, Zoning Administrator).

(g)    Height”  shall mean, when referring to a tower or other structure, the distance measured from the ground level to the highest point on the tower or other structure, even if said highest point is an antennae.

(h)    “Personal Communications Service (PCS)”  shall mean a provider of personal wireless service facilities as now defined in section 704 of the telecommunications act of 1996, 47 U.S.C. Par. 332, and as the same may be amended from time to time.

(i)      “Personal Wireless Facilities”  shall mean transmitters, antennae structures and other types of installations used to provide personal wireless services.

(j)     Pre-existing Towers and Antennas”  shall have the meaning set forth in Section 3 (d) of this ordinance.

(k)   Tower”  shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or mono pole towers.  The term includes personal communication service towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.

(l)      Tower Site”  shall mean the area encompassing a tower and all supporting equipment, structures, paved or graveled areas, fencing and other items used in connection with said tower.

 (3) Applicability.  No permit is required for the following uses:

 (a)    Public Property. Antennas or towers located on property owned, leased. or otherwise controlled by the governing authority shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna or tower has been approved by the Governing authority.

(b)   Amateur Radio and Receive-Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

 (c)    Pre-existing Towers and Antennas.  Any tower or antenna for which a permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance, other than the requirements of Section 4. (c).  Any such towers or antennas shall be referred to in this ordinance as "preexisting towers" or "preexisting antennas".

 (4)   General Provisions.

 (a)    Principal or Accessory Use.  Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.  Towers that are constructed and antennas that are installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

 (b)   Aesthetics, Lighting;

1)      Towers shall either maintain a galvanized steel finish or subject to any applicable standards of the FAA, be painted a light gray so as to reduce visual obtrusiveness and blend in to the natural setting and built environment.

 2)      At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

 3)      If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

 4)      Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.  If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

 (c)    Federal Requirements.  All towers shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal Government with the authority to regulate towers and antennas.

 (5)   Conditional Uses.

 (a)    Permit.  A conditional use permit is required from the Town of Black Wolf for the following permitted uses:

1)      Antennas.  Locating a commercial antenna to an alternative tower structure, including placement of additional buildings or other supporting equipment used in connection with said antenna, shall be a permitted by conditional use in all zoning districts.

 2)      Towers.  Locating a tower, including placement of additional buildings or other supporting equipment used in connection with said tower, shall be permitted by conditional use.  Construction of new towers are prohibited in residential zoning districts.

 3)      Buildings.  Buildings used for the exclusive use of housing antenna and tower equipment shall be no larger than 150 square feet per antenna.

 (b)   Prohibited areas.  Locating a tower in a residentially zoned area is prohibited.

 (6)   Conditional Use Requirements. Applications for conditional use permits shall adhere to the following:

 (a)    Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed  professional engineer.

 (b)   Information Required.  Each-applicant requesting a conditional use permit under this ordinance shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and scaled by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this ordinance.

 (c)    Factors Considered in Granting Conditional Use Permits.  The governing authority shall consider the following factors in determining whether to issue a conditional use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority, concludes that the intent of this ordinance are better served thereby.

 1)      Height of the proposed tower;

2)    Proximity of the tower to residential structures and residential district boundaries;

3)      Nature of uses on adjacent and nearby properties;

4)      Surrounding topography;

5)      Surrounding tree coverage and foliage;

6)      Design of the tower, with particular reference to design characteristics that have the effect of accommodating other users and reducing or eliminating visual obtrusiveness;

7)      Proposed ingress and egress;

8)      Availability of suitable existing towers and other structures as discussed in Section 6 (d) of this ordinance.

  (d) Availability Suitable Existing Towers or Other Structures. No new tower shall be conditionally permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna.  Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)   No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)   Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna,

(5)   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.  Costs exceeding new tower development are presumed to be unreasonable.

(6)   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(e)  Accommodation of other users (Collocation)

 (1)   Any proposed telecommunication tower and tower site shall be designed, structurally, electrically, and in all respects to accommodate collocation of both the applicant's antenna(s) and  comparable antenna(s) for at least two additional users. Tower and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment

(2)   The holder of a permit for a tower shall allow collocation for at least two additional users and shall not make access to the tower and tower site for the additional users economically unfeasible.  If additional user(s) demonstrate (through an independent arbitrator or other pertinent means) that the holder of a tower permit has made access to such tower and tower site   economically unfeasible, then the permit shall become null and void.

 (f)   Setbacks and Separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a special permit is required; provided, however, that the governing authority may reduce the standard setbacks and separation requirements if the intent of this ordinance would be better served thereby.

(1)   Towers shall be set back a minimum distance of 1000' from any residential

       dwelling unit, unless all residents within the 1000' setback consent in writing to a lesser

        setback. (Revised 3-07)

(2)   Towers, guy wires, and accessory facilities must satisfy the minimum zoning district setback requirements.

 (g) Security Fencing,. Towers sites shall be enclosed by security fencing and shall be equipped with an appropriate anti-climbing device sufficient to deter the general pubic from obtaining access to the site.

(h) Landscaping. The following requirements shall govern the landscaping surrounding towers, however, the governing authority may waive such requirements if the intent of this ordinance would be better served thereby.  Tower sites located in the B-4 zoning districts shall meet the requirements detailed in those sections.

(1)   Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower site from adjacent property.  The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the security fencing.

(2)   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

 (3)   Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.  In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

 (7)   Removal of Abandoned Antennas and Towers.  Any antenna or tower that is not operated for a continuous period of twelve (12) months shall considered abandoned.  In such circumstances, the following shall apply:

 (a)    The owner of such antenna or tower or owner(s) of the property where the tower site is located shall remove said antenna and or tower including all supporting equipment and building(s) within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment.  If removal to the satisfaction of the governing authority does not occur within said ninety (90) days, the governing authority may remove and salvage said antenna or tower and all supporting equipment and building(s) at the property owner's expense.  If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(b)   The applicant for a conditional use permit under this ordinance shall submit a copy of a signed agreement between the property owner and owner of the tower, antenna(s) and supporting equipment and building(s) detailing requirements for abandonment and subsequent removal based on the provisions of 8(a).  Said agreement shall also identify that said agreement shall be binding on future property owner(s) and future owner(s) of a tower, antenna, and all supporting equipment and building(s).

                                         Section 4. Conditional Uses

4.1       Application. Application for conditional use permits shall be made in writing to the Town Board on forms furnished by the Zoning Administrator and shall include the following where applicable:

(1)   Names and addresses of the applicant, owner of the subject site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

(2)   Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district in which the subject site lies.

(3)   Additional information, such as ground surface elevations, basement and first floor elevations, utility elevations, roads, contours, historic and probable future floodwater elevations, areas subject to inundation by floodwaters, depths of inundation, flood‑proofing measures, soil types, slope, boundaries, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure or its effects on flood flows.

4.2     Hearing a Notice. There shall be a public hearing upon any application for a conditional use permit. The Town of Black Wolf Planning and Zoning Committee shall conduct the hearing and shall fix a reasonable time and place. The Town Clerk shall give public notice thereof in accordance with applicable requirements of the Wisconsin Statutes. The Town of Black Wolf Planning and Zoning Committee shall forward their recommendations to the Town of Black Wolf Town Board.  Applications may be approved or disapproved by majority vote of the Town Board, with or without conditions.

4.3     Standards for Review of Applications. All conditional uses must be in accordance with the purpose and intent of this Ordinance and shall not be hazardous, harmful, offensive or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the Town of Black Wolf. The Planning and Zoning Committee shall review the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effect of the proposed use, structure, operation and improvement upon flood damage protections, water quality, shoreland cover, natural beauty and wildlife habitat.  The Committee shall forward their recommendations to the Town Board for approval or denial or modifications to the application.

4.4     Conditions. The approval of a conditional use may be made subject to conditions if the Town Board finds them to be necessary to fulfill the purpose and intent of this Ordinance and the State Water Resources Act of 1965, and to meet the provisions of the Wisconsin Floodplain and Shoreland management programs. Conditions may include, but are not limited to, the following: landscaping, architectural design, type of construction, sureties, water supply and waste disposal systems, and operation limitations. In Shorelands, the standards set forth in Section 144.26 (5) (a) of the Wisconsin Statutes shall be adhered to.

(1)   Variances shall be granted only as provided by, and in accordance with, Section 9 of this Ordinance and Section 20.10 of the Subdivision Ordinance.

 4.5     Decision and Expiration of Use. Applications shall be denied or approved, with or without conditions, within 40 days of the public hearing on the application. Conditional uses shall expire within 12 months unless substantial work has commenced pursuant to their approval. A copy of all decisions granting or denying applications affecting property located in a floodplain or shoreland area shall be given to the Wisconsin Department of Natural Resources.

                                 Section 5. Traffic and Parking Regulations

 5.1       Traffic Visibility. No obstructions, such as structures, parking or vegetation, shall be permitted in any district between the heights of two and one‑half (2 1/2) feet and ten (10) feet above the plane through the mean curb‑grades within the triangular space formed by any two existing or proposed intersecting street or alley right‑of‑way lines and a line joining points on such lines located a minimum of thirty (30) feet from their intersection.

          In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be fifty (50) feet.

 5.2     Loading Requirements. In all districts adequate loading areas shall be provided so that all vehicles loading, maneuvering, or unloading are completely off the public ways so that all vehicles need not back onto any public way.

 5.3     Parking Requirements. In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased, off‑street parking stalls for all vehicles in accordance with the following:

          Adequate access to a public street shall be provided for each parking space, and driveways shall be at least ten (10) feet wide for one and two family dwellings and a minimum of twenty‑four (24) feet for all other uses.

          Each parking space shall be not less than nine (9) feet in width and not less than one hundred eighty (180) square feet in area exclusive of the space required for ingress and egress.

          Location to be on the same lot as the principal use or not over four hundred (400) feet from the principal use. No parking stall or driveway except in residential districts shall be closer than twenty ­five (25) feet to a residential district lot line or a street line opposite a residential district.

          All off‑street parking areas shall be graded and surfaced so as to be dust free and properly drained.

 5.4     Number of Parking Spaces Required.   Except in single and two family residential districts, curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

           Single-Family Dwelling/Mobile Homes: 2 stalls for each dwelling unit

           Two-Family and Multi-Family Dwellings:      2 stalls for each dwelling unit

           Hotels, Motels, Bed and Breakfast, and lodging:                                               1 stall    for each guest room -plus- 2 stalls for each 3 employees

           Hospitals, Clubs, Lodges, Lodging and 1 stall for each 2 beds, plus 1 stall for each 3  employees

          Institutions, Rest and Nursing Homes    1 stall for each 5 beds, plus 1 stall for each employee

            Medical, Dental Clinics   1 stall for each doctor, plus 1 stall for each employee

            Churches, Theater, Auditoriums,           1 stall for each 5 seats

            Community Centers, Schools, and other places of Public Assembly

            Restaurants, Bars, Places of Entertainment,  1 stall for each 150 sq feet of floor area

            Repair Shops, and Service Stores

            Manufacturing and Processing Plants,   

            Laboratories, and Warehouses:   1 stall for each 2 employees during any 12-hour period

            Financial Institutions; business governmental,

            and professional offices:           1 stall for each 300 sq. ft. of floor area 

            Funeral Homes                         1 stall for each 150 sq. ft. chapel floor area

            In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.

          Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use during such periods of time as the various uses are reasonably likely to be simultaneously requiring parking for employees, customers and other persons.

 5.5    Driveways. No direct access shall be permitted to the existing or proposed rights‑of‑way of: Expressways, Freeways, or Interstate Highways; nor to any other Road, Street, or Highway without permission of the authority maintaining the facility; Vehicle entrances and exits to Banks, Restaurants, Motels, Funeral Homes, or vehicular sales, service, washing and repair stations. Public garages or public parking lots shall be not less than two hundred (200) feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter or place of public assembly.

                                                    Section 6. Modifications

6.1       Heights.  The district height limitations stipulated elsewhere in this Ordinance may be exceeded, but such modifications shall be in accord with the following:

(1)   Architectural Projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, re exempt from the height limitations  of this Ordinance.

(2)   Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from the height limitations of this Ordinance.

(3)   Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this Ordinance.

(4)   Communication Structures, such as but not limited to, radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three (3) times their distance from the nearest lot line.

(5)   Public or Semi‑public facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of sixty (60) feet, provided all required yards setbacks are increased not less than one (1) foot for each foot the structure exceeds the district's maximum height requirement.

6.2     Yards. The yard limitations stipulated elsewhere in this Ordinance may be modified in accordance with the following:

(1)   Uncovered stairs, landings, loading docks, and fire escapes may project into any yard but not to exceed six (6) feet and not closer than three (3) feet to any lot line.

(2)   Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard; but such projection shall not exceed two (2) feet.

(3)   Off-street parking is permitted in all yards of the Business Districts, but shall not be closer than thirty (30) feet to any public right-of-way in Residential Districts.

(4)   Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this Ordinance.

(5)   Landscaping and vegetation are exempt from the yard requirements of this Ordinance.

(6)   Yard areas which are not readily identifiable due to irregular lot shape, unique lot location, etc. shall be designated by the Zoning Administrator and all applicable Basic District Standards shall apply.

(7)   Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(8)   Required street or shore yards may be decreased in any residential or business districts to the average of the existing street or shore yards of the abutting structures on each side, but in no event to less than 15 feet in any residential district and 5 feet in any business district for street yards or to less than 50 feet for any shore.

(9)   Entrances for physically disabled persons shall be allowed to utilize a substandard setback where necessitated by unique circumstances of the lot, structure, or individual.  Every effort shall be made to conform to the required setbacks as much as practicable.

(10) Required street or shore yards may be decreased in any residential or business districts to the average of the existing street or shore yards of the abutting structures on each side, but in no event to less than 15 feet in any residential district and 5 feet in any business district for street yards or to less than 50 feet for any shore

 (11) Entrances for physically disabled persons shall be allowed to utilize a substandard setback where necessitated by unique circumstances of the lot, structure, or individual.  Every effort shall be made to conform to the required setbacks as much as practicable.

Section 7.  Sign Regulations

7.1              The Intent

(1)               The intent of this Section is to provide minimum standards to safeguard life, health, property, aesthetics and public welfare by regulating and controlling the quality of materials, appearance and construction, illumination, installation and maintenance of all signs and sign structures.

(2)               This Ordinance shall cover all signs in use, planned or hereafter installed with the Town of Black Wolf.

 7.2       Permits-Fees-Compliance

 (1)               Permits Required

 (a)                No signs shall hereafter be located, erected, altered, converted, relocated or reconstructed prior to obtaining a building permit except as otherwise provided herein.  The permit fee shall be established as per the Town of Black Wolf Building Permit fee schedule.

 (b)               All illuminated signs hereafter erected, remodeled or installed shall require an electrical permit and must comply with the requirements of the Town of Black Wolf, the State of Wisconsin and National Electrical Code, and must be UL approved.  Construction shall be in accordance with plans and specifications furnished to and approved by the Town of Black Wolf Building Inspector.

 (c)                No person shall erect or maintain any sign or other advertisement extending over any portion of a street.

 (2)               Inspections

 (a)                If required by the Building Inspector, calculations showing the structure and design meet the requirements for wind pressure load and other information as the Building Inspector may require to show full compliance with this and all other applicable ordinances or regulations of the Town of Black Wolf.

 (b)               The Building Inspector may require plans, specifications and calculations be signed and sealed by a Wisconsin registered architect or engineer.

 (c)                The contractor shall notify the Building Inspector when sign is completed.

(3)               Maintenance of Signs

 A sign permit shall not be required for regular and normal maintenance of a sign.

 (4)               Dilapidated, Unmaintained and Abandoned Signs

 (a)                Signs allowed by this Ordinance shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts, painting, repainting, cleaning and other acts required for proper maintenance of the sign.  Signs that are determined by the Town of Black Wolf Town Board to be dilapidated, unmaintained and/or unsafe shall be subject to razing.

 (b)               Abandoned signs shall be removed by the owner or lessee of the premises, when, for a business sign, the business it advertises is no longer conducted, and for an advertising or directional sign, when lease payment and rental income are no longer provided.

 (c)                The Town of Black Wolf Board or the Town of Black Wolf Zoning Administrator shall remove or cause the removal of any portable or fixed, permanent sign constructed, placed or maintained in violation of this Section.

 (d)               Signs removed pursuant to this Section shall be stored for a period of thirty (30) days.  Costs of removal and storage shall be billed to the property owner on which the sign is located.

 (5)               Nonconforming Signs

 (a)                Any lawfully existing sign located within Town of Black Wolf as of the effective date of this Ordinance which does not conform with the provisions of this Ordinance, shall be allowed continued use, except that the sign shall not be:

                            1)                  Structurally altered so as to extend its useful life.

2)                  Expanded, moved or relocated.

3)                  Re-established after a change in use.

4)                  Re-established after a business has been abandoned for twelve (12) months or more.

5)                  In noncompliance with the Ordinance regarding maintenance and repair, construction standards, or dangerous and abandoned signs.

6)                  On the date of occurrence of any of the above (1) through (5), the sign shall be immediately brought into compliance with this Ordinance with a new permit secured, or the sign shall be removed.

  b)        Sign copy and faces may be changed on nonconforming signs when there is no change in use of the site or when only a portion of a multiple tenant sign is being changed.

7.3              Signs Excepted All signs in all Residential, Agricultural and Public and Semi-Public districts are prohibited except as follows:

(1)               Signs over show windows or doors of a non-conforming business establishment announcing without display or elaboration, only the name and occupation of the proprietor and shall not exceed two (2) feet in height and ten (10) feet in length.

 (2)               Real estate signs which advertise the sale, rental or lease of the premises and shall not exceed 16 sq. ft. and a height or width of 6 ft.  Political campaign signs when they are temporarily located and shall not exceed 6 sq. ft.

 (3)               Name, occupation and warning signs located on the premises shall not  exceed two (2) square feet.

 (4)               Bulletin boards and identification signs for public institutions, charitable institutions or religious institutions, apartments, planned residential developments and subdivisions provided they:

 (a)                do not exceed 32 sq. ft. in area except signs for model homes not to exceed 16 sq. ft. in area.

 (b)               are located a minimum of 10 ft. from the right-of-way and 60 ft. from any road intersection right-of-way.

 (c)                conform to the other yard requirements of the basic district.

 (d)               do not exceed in height ten (10) feet above the existing grade at time of approval.

 (e)                are located on the subject’s property.

 (5)               Memorial signs, tablets, names of buildings, and date of erection when cut into masonry surface or when constructed affixed flat against a structure.

 (6)               Official municipal signs, traffic control, parking restrictions, information and notices.

 (7)               Temporary signs, banners or political signs may be displayed up to 60 days within a one year period and must be removed within seven (7) days of completion of event.

 (8)               Farm names and identification signs, in all Agricultural Districts.

 7.4       Signs Permitted. Business signs and advertising signs are permitted as follows:

 (1)               Business signs are permitted in all business, public and semi-public districts.

 (2)               Advertising signs are permitted in all B-2, B-3 and B-4 business districts, P-1 districts and all industrial districts.

 (3)               Business and advertising signs are subject to the following:

 (a)                Projecting signs shall not be less than (10) feet above the grade nor fifteen (15) feet above a driveway or an alley.

 (b)               Free standing signs located above a walkway or driving area shall not be less than twelve (12) feet above walkway nor less than eighteen (18) feet above a driveway or an alley.

 (c)                Signage must be dedicated specifically to the business located on same property.

 (d)               Sign area or sign face shall be the entire area within a single continuous perimeter enclosing the extreme limits of each sign.  However, such perimeter shall not include any structural elements outside the limits of such signs and not forming an integral part of the design.  When two sides of a double faced sign are located not more than thirty-six (36) inches apart at the widest point and not more than twelve (12) inches apart at the narrowest point and display identical messages or other representation, the gross area shall include only one of the sides.  If the sign consists only of individual letters affixed directly to the wall of a structure, only the area of the letters is counted as part of the gross sign area.

 (4)               Vehicle Signage: Vehicles, including semi-trailers, campers, buses, automobiles, and other like vehicles, shall not be parked on private property or a public right-of-way so as to be seen from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertising of products or directing people to a business activity located off-premises.

 Business Signs          Street/Yard         Minimum         22ft. unless otherwise     

                                                 Setback                                               specified in Conditional Use approval.

             All Other               Yard         Minimum          Same as basic district Setback  unless otherwise specified in Conditional Use approval.

             Size                      Area        Minimum          None

                                                        Maximum         40 sq. ft. all faces combined                                 Height                                 Maximum         25 ft. above existing grade at the time of the permit.

 7.4              Directional Signs.  Directional Signs shall be on premises signs permitted in business districts, industrial districts and institutional/recreational districts, subject to the following standards:

               Size                      Area       Maximum         12 Sq. ft.

     Height                  Street     Maximum         10 ft. above existing grade at the time of approval

Signs OverDrivewaysOr Alleys    Maximum         18 ft. above existing driveway grade at the time of approval.

Yards                         Street     Minimum          10 ft.

Setbacks                    Side        Minimum          10 ft.

Number                      Not to exceed four (4) for any single parcel.

Spacing                      200 ft. apart

7.6       Facing.  No business, advertising, or directional sign, except those permitted in Sec. 7.3, shall be permitted to face a residential or public and semi-public district within fifty (50) feet of such district boundary.

 7.7       Parking Signs.  Parking area signs are permitted as an accessory use to all      parking areas in all business, industrial and institutional/recreational districts, subject to the following standards:

          Size                  Area                 Maximum         4 sq. ft.

Number                                    Maximum         1 sign per entrance and exit

 Yard/

Setback            All                    Minimum          10 ft.

 Height              --                     Maximum         7 ft. above existing grade

                                                                        At time of approval.

7.8       Shape and Illumination.  Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices.  Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices.  No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, driveway, or fire escape; and no sign shall be attached to a standpipe or fire escape.  No sign shall be placed so as to obstruct or interfere with traffic visibility.  No signs shall flash, oscillate, rotate or chase (running lights) except public service time and temperature signs.  However, in all cases externally illuminated signs shall be shaded, shielded or directed from surround properties and vehicular traffic.          

Section 8. Non-conforming Uses, Structures and Lots

8.1       Existing Non-conforming Uses. A lawful non-conforming structure or use shall begin as of the time it was made non-conforming by the terms of a preceding ordinance, this ordinance, or a amendment to this ordinanceThe lawful non-conforming use of a structure, land or water,  or a lawful non-conforming structure existing at the time of the adoption or amendment of this ordinance may be continued although the use does not conform with the provisions of this ordinance:

 (1) Only that portion of the land or water in actual use may be so continued and the  structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Ordinance.

 (2) Total lifetime structural repairs or alterations shall not exceed fifty (50) percent of the equalized full assessed value of the structure at the time of its becoming a non-conforming use unless it is permanently changed to conform to the use provisions of this Ordinance.

(3) Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the non-conforming use with the neighboring uses.

 (4) Alterations or additions which change the exterior dimensions of the structure, and which do not conform to this Ordinance but which do not increase the dimensional non-conformity beyond that which existed before the work commenced, are allowed provided they do not exceed the fifty (50) percent requirement.  Once the square footage or value method had been chosen it must be followed for the rest of the life of the structure.

8.2       Abolishment or Replacement. If such non-conforming use is discontinued or terminated for a period of twelve (12) months any future use of the structure, land, or water shall conform to the provisions of this Ordinance. When a non-conforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity, to the extent of more than fifty (50) percent of its assessed value as determined in Sec.8.1, it shall not be restored except so as to comply with the use provisions of this Ordinance.

(1)   A current file of all non-conforming uses shall be maintained by the Zoning Administrator listing the following: owner’s name and address; use of the structure, land, or water; and assessed value at the time of its becoming a non‑conforming use.

(2)   In applying this Section 8.2 to damaged uses or structures, lots platted according to Chapter 236 of the Wisconsin Statutes and on record in the County Register of Deeds office before the effective date of this Ordinance need not be combined, if in the determination of the Zoning Administrator, the intent of this District will be maintained at the time of construction.

 Assessed value shall be brought to 100% valuation in determining the 50% dollar value.

 8.3       Existing Non-conforming  Structures.   The lawful non-conforming structure existing at the time of the adoption or amendment of this Ordinance may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this Ordinance; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Ordinance.

8.4              Changes and Substitutions Once a non-conforming use or structure has been changed to conform, it shall not revert back to a non-conforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive non-conforming use for an existing non-conforming use, the substituted use shall lose its status as a legal non-conforming use and become subject to all the conditions required by the Board of Appeals.

8.5       Existing Principal Structures and Attached Garage(s) 30 Feet or More From Road

            R/W and 7 Feet or More From Side Lot Lines.  For purposes of determining setback requirements, existing principal structure and attached garage(s) located 30 feet or more from road right-of-way and 7 feet or more from side lot lines shall be deemed legal uses. 

            No variance is required for the setback requirements for the repair, alteration or replacement of structure located 30 feet or more from the road right-of-way and 7 feet or more from side lot lines.  For purposes of measuring the setback of existing principal structure and attached garage(s) located 30 feet or more from road right-of-way and 7 feet or more from side lot lines, the setback shall be determined by a parallel line off the road right-of-way and the side lot lines to the relevant structure wall, not including the roof, overhang or steps.

Section 9.  Performance Standards

9.1    Compliance.  This Ordinance permits specific uses in specific districts; and these performance

Standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district.  All structures, land, air and waters shall hereafter, in addition to their use, site, sanitary, floodland, and shoreland regulations, comply with the following performance standards:

(1)    Water quality protection.  No residential, commercial, industrial, or recreational use shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash or be harmful to human, animal, plant, or aquatic life.  This section shall not apply  to uses other than those enumerated in it.

 (2)    Noise.  All noise shall be so muffled or otherwise controlled as not to become

objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.

 (3)    Radioactivity and Electrical Disturbances.  No activity shall emit radioactivity or

Electrical disturbances so as to endanger the use of neighboring premises.

                                Section  10.  Board of Appeals

 10.1     Establishment. A Board of Appeals is established for the purposes of hearing appeals from actions of the Zoning Administrator or the Town Board and applications for variances from and exceptions to provisions of this Ordinance, and deciding the same.

10.2     Membership. The Board of Appeals shall consist of 5 members and two alternates appointed by the Town Chairman, subject to confirmation by the Town Board. Sec. 62.23(7)(e)(2). All members must reside within the Town of Black Wolf.  Board of appeals members shall serve staggered 3-year terms. The members of the Board shall serve at such compensation to be fixed by ordinance or, in the absence of such ordinance, shall be reimbursed their actual and reasonable expenses. They shall be removable by the Town Chairman for cause upon written charges and after public hearing. The Town Chairman shall designate one member chairman. The Board may employ a secretary.  Vacancies shall be filled for the un-expired terms of members whose terms become vacant. The Town Chairman may appoint one alternate member, who shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent.

 10.3     Organization. The Board of Appeals shall adopt rules in accordance with the provisions of this Ordinance. Meetings shall be held at the call of the Chairman and at such other times as the board may determine. The chairman, or acting chairman if there be one, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public and a record of all proceedings shall be kept, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions. All records immediately shall be filed in the office of the Board and shall be public.

 10.4     Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer of the Town of Black Wolf affected by any decision of any administrative officer of the Town. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken forthwith shall transmit to the Board all the papers constituting the record upon which the action was taken from which appeal is made.

 10.5     Automatic Stay. An appeal shall stay all legal proceedings in furtherance of the action from which appeal is made, unless the officer from whom the appeal is taken certifies to the Board that by reason of facts stated in the Certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Court of record on application, with notice to the officer from whom appeal is made, and on due cause shown.

 10.6     Hearings. The Board shall fix a reasonable time for the hearing of appeals or other matters referred to it. Public notice shall be given of all hearings. Due notice of a hearing also shall be given to the parties in interest. Upon the hearing any party may appear in person or by agent or attorney. The Board shall decide each matter within a reasonable time after its hearing.

 10.7     Powers. The Board shall have the following powers:

 (1)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance.

(2)   To hear and decide special exceptions to the terms of this Ordinance and to grant such variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of this Ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of the Ordinance shall be observed, public safety and welfare secured, and substantial justice done. Use variances shall not be granted by the Board of Appeals.

(3)   To hear and decide applications for interpretations of zoning regulations and zoning districts boundaries established under this Ordinance.

(4)   To hear and decide applications for substitution of more restrictive non-conforming uses for existing non-conforming uses where no structural alterations are to be made.

(5)   To hear and decide applications for unclassified and unspecified uses; provided, however, that such uses shall be similar in character to the principal uses permitted in the district and the Town Of Black Wolf Planning and Zoning Committee shall have made a review and recommendation on the application.

(6)   To hear and decide applications for temporary uses which do not involve the erection of a substantial structure and are compatible with neighboring uses; provided, however, that the Town Of Black Wolf Planning and Zoning Committee shall have made a review and recommendation on the application; and further provided that a temporary use permit shall be revocable, subject to conditions established by the Board, and shall be issued for a period not in excess of one year.

(7)   In exercising its powers the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have the powers of the officer from whom appeal is taken, and may issue or direct the issue of permits.

10.8     Decisions. The concurring vote of four (4) members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of any applicant, or to effect any variation in this Ordinance. The grounds of every such determination shall be stated in writing. Variances, substitutions and use permits shall expire within 18 months of their grant unless substantial work under them has been commended. A decision shall be made within 30 days after the final hearing on the matter of the hearing.

10.9     Appeals. Any person aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer of the Town of Black Wolf may present to a Court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board of Appeals.

                                             Section 11. Changes and Amendments

11.1     Authority. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Town Board may adopt by Ordinance, changes in the district boundaries, and may amend, change or supplement the regulations established by this Ordinance or amendments thereto. All such changes or amendments shall be adopted according to the procedures established under Section 62.23 (7) of the Wisconsin Statutes, upon review and recommendation by the Town Of Black Wolf Planning and Zoning Committee.

11.2     Protest. In case of a protest against any such change or amendment, duly signed and acknowledged by the owners of 20% or more either of the areas of land included in such proposed change or amendment, or by the owners of 20% or more of the area of land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of three‑fourths (3/4) of the members of the Town Board voting on the proposed change or amendment.

11.3     Standards for Rezoning in A‑l Agri‑Business District. In accordance with Wisconsin Statutes 91.77 (l) and (3), decisions on petitions for rezoning areas zoned A‑l "Agri‑Business District" shall be based on findings which consider the following:

(1)   Adequate public facilities to serve the development are present or will be provided;

(2)   Provision of these facilities will not be an unreasonable burden to local government;

(3)   The land is suitable for development, and

(4)   Development will not cause unreasonable air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas.

11.4     Severability.  If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 

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CHAPTER 20 SUBDIVISION AND PLATTING

 INTRODUCTION                                                                                      Page

20.01   Authority                                                                                              1

20.02   Title                                                                                                      1

20.03   Purpose and Intent                                                                             1

20.04   Abrogation and Greater Restriction                                                 1

 GENERAL PROVISIONS

20.05   Jurisdiction                                                                                          2

20.06   Combining Lots                                                                                  2

20.07   Combining Description                                                                      2

20.08   Compliance                                                                                         3

20.09   Land Suitability                                                                                   4

20.10   Variances                                                                                            4

20.00   Violations                                                                                             5

20.12   Penalties                                                                                              5

 MINOR LAND DIVISIONS

20.14   Submittal                                                                                              6

20.15   Fee                                                                                                       7

20.16   Review and Approval                                                                         7

 MAJOR LAND DIVISIONS

20.17   General                                                                                                8

20.18   Preliminary Consultation                                                                    8

20.19   Fee                                                                                                       8

20.20   Preliminary Plat Submittal                                                                  8

20.21   Preliminary Plat Requirements                                                          8

20.22   Street Plans and Profiles                                                                  10

20.23   Testing                                                                                                10

20.24   Covenants                                                                                           11

20.25   Affidavit                                                                                               11

20.26   Preliminary Plat Review and Approval                                            11

20.27   Fee                                                                                                      11

20.28   Final Plat Submittal                                                                            11

20.29   General Requirements                                                                       11

20.30   Surveying and Monumenting                                                              12

20.31   Certificates                                                                                           12

20.32   Final Plat Review and Approval                                                         12

20.33   Recordation                                                                                          12

 CONDOMINIUM PLATS

 20.34   General                                                                                                12

20.35   Preliminary Consultation                                                                     12

MINOR CONDOMINIUM PLATS

20.36   Submittal                                                                                              13

20.37   Fee                                                                                                        13

20.38   Review and Approval                                                                          13

 MAJOR CONDOMINIUM PLAT

20.39   Preliminary Plat Submittal                                                                  14

20.40   Fee                                                                                                       14

20.41   Preliminary Plat Requirements                                                         14

20.42   Preliminary Plat Review and Approval                                            14

20.43   Surveying                                                                                            14

20.44   Certificates                                                                                         15

20.45   Fee                                                                                                      15

20.46   Final Plat Review and Approval                                                       15

20.47   Recordation                                                                                        15

20.48   Modifications                                                                                      15

 REPLAT

20.49   Replat                                                                                                  15

 DESIGN STANDARDS

20.50   Street Arrangement                                                                           15

20.51   Street Design Standards                                                                   17

20.52   Ingress and Egress on Limited Access Highways                         18

20.53   Limited Access Highway and Railroad Right-of-Way                    19

20.54   Blocks                                                                                                  19

20.55   Utility Easements                                                                                20

20.56   Lots                                                                                                       20

20.57   Building Setback Lines                                                                      21

20.58   Surface Water Drainage                                                                    21

 DEDICATIONS AND IMPROVEMENTS

20.59   Surface Water Drainage Restrictions                                                22

20.60   Dedication and Reservations of Land                                                23

20.61   Improvements                                                                                        23

20.62   Plans                                                                                                       24

20.63   Inspection                                                                                               24

20.64   Public Sanitary Sewerage and Private Sewage Disposal               24

DEFINITIONS

20.65   Definitions

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                                                         SUBDIVISION AND PLATTING

 INTRODUCTION

 20.01   AUTHORITY.  The provisions of this chapter are adopted by the Town of Black Wolf  pursuant to the authority granted by Sections 59. 971 (3) , 114. 135, 114. 136, 114. 26 (2) 144.26(8), 236.45 and 703, Wisconsin Statutes.

 20.02   TITLE.  This chapter shall be known as, referred to or cited as the "Land Division Ordinance", Town of Black Wolf.

 20.03   PURPOSE AND INTENT.  The purpose of this chapter is to regulate and control the division of land within the areas of the Town of Black Wolf to:

 (1)   Promote the public health, safety and general welfare.

 (2)   Further the orderly layout and use of land.

 (3)   Prevent the overcrowding of land.

 (4)   Lessen congestion in the streets and highways.

 (5)   Provide for adequate light and air.

 (6)   Facilitate adequate provisions for water, sewerage and other public requirements.

 (7)   Provide for proper ingress and egress.

 (8)   Promote proper monumenting of subdivided land and conveyancing by accurate legal description.

 

20.04        ABROGATION AND GREATER RESTRICTIONS.

 (1)   It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law.  However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(2)   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Town of Black Wolf and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

GENERAL PROVISIONS

20.05   JURISDICTION.  The jurisdiction of this chapter shall include all lands within the Town of Black Wolf.  However, in no instance shall the provisions of this chapter apply to:

(1)   Transfers of interest in land by will or pursuant to court order.

(2)   Leases for a term not to exceed 10 years, mortgages or easements.

(3)   Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the resultant lots are not reduced below the minimum size required by these regulations, the Town of Black Wolf Zoning Ordinance or other applicable laws or ordinances.  For the purpose of this section, an additional lot is deemed to be created if the parcel being sold or created is not combined with the adjoining parcel by means of a new legal description in accordance with Section 20.07.

 20.06   COMBINING LOTS.  Lots shall be combined into one parcel according to s. 20.07 when one or more of the following occurs:

             (1)   The requirements of  s. 20.05(3) are not met.

 (2)   A use, structure, or structural addition that occupies more than one lot under the same ownership.

 (3)   Existing substandard lots on record platted according to Ch. 236 Wis.  Stats. when, in the determination of the Zoning Administrator, the intent of the district will not be maintained at the time of construction.

 20.07      COMBINING DESCRIPTION.  Land described in s. 20.06 shall be combined into one parcel by Certified Survey Maps.  The Certified Survey Map shall be submitted to the Town of Black Wolf Zoning Administrator (or designee).  The Certified Survey Map shall be prepared according to Ch. 236 Wisconsin Statutes and shall show clearly on its’ face the following:

 1.                  Whole Parent Parcel(s) must be shown on CSM when combining or

Dividing parcel(s).

a.                   All existing buildings.

b.                  Setbacks.

c.                   Water courses.

d.                  Drainage ditches.

e.                   Setbacks to structures to adjacent property and other features

pertinent to division of property should be shown.

f.                    D.O.T. approval when parcel is abutting a State of Wisconsin

Highway or Federal Highway.

g.                   Acreage to right-of-way spelled out.

h.                   Location of access to road.

i.                     Names of roads, streets, highways, etc.

 2.                  Prior CSM Number (if applies)

                         a.                   Put at top.

 3.                  Tax Parcel Number

                         a.                   Put in a box

  b.                  On proper parcel or pointing to proper parcel.

 4.                  Existing parcel boundaries that fall within new parcel(s) shall be identified

With dashes (---) or periods (…).

 5.                  Date of Map With a Graphic Scale.

 6.                  Other Pages

                         a.                   Surveyor’s Certificate, recorded survey description, surveyor

signature and date.

                         b.                  Owner(s) Certificate of Approval, signature(s) and date with

Notary Public’s signature, date and commission expiration date.

                         c.                   Town of Black Wolf Treasurer’s Certificate of Approval,

Signature and date verifying that there are no unpaid taxes or special assessments in accordance with 236.21(3).

                         d.                  Town of Black Wolf Board Certificate of Approval, Town Chairman’s signature and date after Board approval.

             Certified Survey Map after approval of all required authorities shall be recorded in the Winnebago County Register of Deeds Office.

 20.08   COMPLIANCE. Division of land located within the jurisdictional limits of these regulations which results in a land division, replat or condominium plat as defined herein shall not be entitled to recording and/or improvements to the land unless it is in compliance with all the requirements of this chapter and:

 (1)   Duly approved Town of Black Wolf Zoning, Town of Black Wolf Sanitary District and Private Sewage System Ordinances.

 (1)   County Access Control Ordinance.

 (2)   Applicable local ordinances.

 (3)   Provisions of Chapter 236, Wisconsin Statutes. 

(4)   Provisions of the Winnebago County Land Records Ordinance as enumerated in Section 8.05 of the Winnebago County Code.

 20.09   LAND SUITABILITY.  No land shall be divided which is held unsuitable for any proposed use by the Town of Black Wolf Planning Committee (hereafter referred to as committee) for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.  The Committee in applying the provisions of this chapter shall in writing, cite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the applicant an opportunity to present evidence regarding such suitability at a public hearing.  Thereafter, the Committee may affirm, modify or withdraw its determination of unsuitability.

 20.10   VARIANCES.

             (1)   In any particular case where it can be shown that by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause practical difficulty by exceptional and undue hardship, the Committee may relax such requirement to the extent deemed just and proper so as to relieve such difficulty or hardship, provided such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the Town of Black Wolf. 

(2)   The Committee at its discretion, if it determines it necessary for the public good, may conduct a public hearing to permit parties of interest to comment on the variance request.

(3)   If a hearing is determined necessary, the applicant shall be responsible for payment of a hearing fee as established by the Town of Black Wolf Town Board.  The Committee shall then fix a reasonable time and place for the hearing.  Notice of the time and place of such hearing shall be given by publication as a Class 1 notice, under Ch. 985.  A copy of such notice shall be mailed to all property owners within 300 feet of the subject site as listed on official tax property rolls as of the date of application. The aforementioned property owners shall be notified by first class mail with an Affidavit of Mailing at least 10 days prior to the date of such hearing. 

(4)   A majority vote of the entire membership of the Committee shall be required to grant any modification to these regulations and any modification thus granted shall be entered in the minutes of the Committee setting forth the reasons which, in the opinion of the Committee, justified the modification.

 20.11   VIOLATIONS.  No person shall build upon, divide, convey, record or monument any land in violation of this chapter or the Wisconsin Statutes.  No permit shall be issued authorizing the building on or improvement of any subdivision, replat or condominium plat within the jurisdiction of this chapter and not of record as of April 15, 1969, until the provisions and requirements of this chapter have been fully met.  The Town of Black Wolf may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.

 20.12    PENALTIES.

             (1)   Recordation improperly made shall be subject to the provisions of Sec. 236.30, Wisconsin Statutes.

 (2)   Conveyance of lots in unrecorded plats shall be subject to the provisions of Sec. 236.31, Wisconsin Statutes.

 (3)   Monuments disturbed or not placed shall be subject to the provisions of Sec. 236.32, Wisconsin Statutes.

 (4)   Assessor's plat may be ordered by the Town of Black Wolf when a subdivision is created by successive divisions as provided in Sec. 236.31(2), Wisconsin Statutes. 

(5)   Any person failing to comply with the provision of this chapter shall be subject to a penalty as provided by  Section 2.13 of the Town of Black Wolf Zoning Ordinance.

20.13   APPEALS.  Any person aggrieved by an objection to a plat or failure to approve a plat may appeal there from as provided in Sections 236.13(5) and 62.23(7), Wisconsin Statutes.

MINOR LAND DIVISIONS

20.14      SUBMITTAL.  Creation of a Minor Land Division shall be by certified survey

Map.  The certified survey map shall be submitted to the Town of Black Wolf Zoning Administrator (or designee).  The certified survey map shall be prepared according to 236.34, Wisconsin Statues, and shall show clearly on it face the following: 

1.                  Whole Parent Parcel(s) must be shown on CSM when combining or dividing parcel(s).

a.                   All existing buildings.

b.                  Setbacks

c.                   Water courses.

d.                  Drainage ditches

e.                   Setbacks to structures to adjacent property and other features

pertinent to division of property should be shown.

f.                    D.O.T. approval when parcel is abutting a State of Wisconsin

Highway or Federal Highway.

g.                   Acreage to right-of-way spelled out.

h.                   Location of access to road.

i.                     Names of roads, streets, highways, etc.

         2.                  Prior CSM Number (if applies)

                        a.                   Put at top.

         3.                  Tax Parcel Number

                        a.                   Put in a box.

b.                  On proper parcel or pointing to proper parcel.

         4.                  Existing parcel boundaries that fall within new parcel(s) shall be Identified with dashes (---) or periods (…).

         5.                  Date of Map With a Graphic Scale.

         6.                  Other Pages

                       a.                   Surveyor’s Certificate, recorded survey description, surveyor signature and date.

b.                  Owner(s) Certificate of Approval, signature(s) and date with

Notary Public’s signature, date and commission expiration date.

c.                   Town of Black Wolf Treasurer’s Certificate of Approval,

signature and date verifying that there are no unpaid taxes or special assessments in accordance with 236.21(3).

d.                  Town of Black Wolf Board Certificate of Approval, Town Chairman’s signature and date after Board approval.

             Certified Survey Map after approval of all required authorities shall be recorded In Winnebago County Register of Deeds Office.

20.15   FEE.  An application fee as set forth by the Town of Black Wolf Town Board shall be paid in full at the time of application.

20.16   REVIEW AND APPROVAL.

             (1)   The Town of Black Wolf Zoning Administrator shall not approve a Certified Survey Map without the review and approval of the Town of Black Wolf Town Board. 

(2)   The Town of Black Wolf Town Board shall, within sixty (60 ) days of the date of submission unless mutually extended by both parties, review the application and map against the applicable standards of this ordinance, and approve, approve conditionally, or reject the application and map based upon a determination of conformity or non-conformity with the standards.

MAJOR LAND DIVISIONS 

20.17  GENERAL.  The application shall be filed with the Town of Black Wolf Zoning Administrator  unless otherwise stated.  The following procedures shall apply to both The Town of Black Wolf and State subdivisions, as defined in Section 20.65 (27) (1) and (2). 

20.18   PRELIMINARY CONSULTATION.  Prior to submitting an application for approval of a preliminary plat for Town of Black Wolf or State subdivisions the applicant shall consult with the Town of Black Wolf Zoning Administrator to become informed of the purpose and objectives of these regulations. 

In order to facilitate the consultation the applicant shall provide a plat plan drawn to reasonable scale depicting the general lot layout, exterior property boundary, roadways, known easements and unique natural features. 

20.19   FEE.  An application fee as set forth by the Town of Black Wolf Town Board Fee schedule shall be paid in full at the time of submittal of the preliminary plat. 

20.20   PRELIMINARY PLAT SUBMITTAL.  The Applicant shall prepare a preliminary plat in accordance with this chapter. 

SUBDIVISION, TOWN OF BLACK WOLF - The following shall apply:

         (a)    The applicant shall provide the Town of Black Wolf Zoning Administrator ten copies of the preliminary plat, and two copies to the adjoining city or village, if in their extraterritorial plat approval jurisdiction. 

(b)   Fee.  In addition to the standard application fee indicated in Section 20.19, a consultation fee is required as set forth by the Town of Black Wolf Town Board fee schedule.

 SUBDIVISION, STATE - In addition to the requirements of Section 20.20(l)(a), it shall be the responsibility of the applicant to submit the original drawing of preliminary plats to the head of the State Planning Function in accordance with Section 236.12(6), Wisconsin Statutes. 

20.21   PRELIMINARY PLAT REQUIREMENTS.  A preliminary plat shall be based upon a survey by a registered land surveyor and the plat prepared on reproducible material at a scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

            (1)   Title under which the proposed subdivision is to be recorded.

(1)   Legal description and general location of proposed subdivision and relative location to a nearby municipality. 

(2)   Date, scale and north arrow.

(3)   Names and addresses of the owner, subdivider and land surveyor preparing the plat. 

(4)   Entire area contiguous to the proposed plat owned or controlled by the applicant shall be included on the preliminary plat even though only a portion of such area is proposed for immediate development.  The Committee may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and undue hardship would result from strict application thereof. 

(5)   Approximate length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the U. S. Public Land Survey and the total acreage encompassed thereby. 

(6)   Contours at vertical intervals of not more than two feet where the slope of the ground surface is less than 10% and of not more than five feet where the slope of the surface is 10% or more.  Elevations shall be marked on such contours based on mean sea level datum or, where in the judgment of the Committee, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used. 

(7)   Water elevations of adjoining lakes and streams at the date of survey, ordinary high water elevation, and designated floodplains, wetlands, and surface water drainage ways regulated under the authority of the Winnebago County Town/County Zoning Ordinance and Sections 20.58 and 20.59 of this ordinance. 

(8)   Location right-of-way width and names of all existing and proposed streets, alleys or other public ways, easements, railroads and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto. 

(9)   Location and names of any adjacent subdivisions, parks, schools, and cemeteries and owners of record of abutting unplatted lands. 

(10)Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established centerline elevations, all to the datum used for the contours. 

(11)Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drainpipes, the location of manholes, catch-basins, hydrants, power and telephone poles and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto.  If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by their directions and distance from the tract, size and invert elevations. 

(12)Locations of all existing property boundary lines, structures, drives, streams and water courses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant features within the tract being subdivided or immediately adjacent thereto. 

(13)Dimensions of all lots, together with proposed lot and block numbers. 

(14)Location and dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainage ways or other public use, or which are to he used for group housing, shopping centers, church sites or other nonpublic uses not requiring loting. 

(15)Approximate radii of all curves. 

(16)Existing zoning and proposed use on an adjacent to the proposed subdivision. 

(17)Corporate limit lines. 

(18)Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access. 

(19)Any proposed lake and stream improvement or relocation and proposed filling, grading, lagooning and dredging and the notice of application for the State Department of Natural Resources approval, when applicable. 

(20)Seasonally wet areas. 

20.22   STREET PLANS AND PROFILES. The applicant shall provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, when requested by the Town of Black Wolf Zoning Administrator, and all elevations, plans and profiles shall meet the approval of the Administrator. 

20.23   TESTING.  The Town of Black Wolf Zoning Administrator may require that borings and soundings to be made in designated areas to ascertain subsurface soil, rock and water conditions including the depth to bedrock and the depth to groundwater table.  All subdivisions not served by public sanitary sewer service, shall comply with the provisions of Chapter D. I.L.H.R. 85, Wisconsin Administrative Code.  All appropriate data shall be submitted with the preliminary plat. 

20.24   COVENANTS.  The Committee may require submission of a draft of protective covenants whereby the applicant intends to regulate land use in the proposed subdivision and otherwise protect the proposed development. 

20.25   AFFIDAVIT.  The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct representation of all existing land divisions and features and that he has fully complied with the provisions of this chapter. 

20.26   PRELIMINARY PLAT REVIEW AND APPROVAL.  In order to facilitate public comment, the Committee shall notify all property owners within 300 feet of the subject site a meeting agenda concerning the subject site utilizing first class mail with an affidavit of mailing at least five days prior to the date of such meeting.  The Committee shall conduct a meeting to review the Plat for conformance with this chapter and all other ordinances, rules, and regulations which affect the Plat.  At this meeting the Committee shall permit the public to comment on the proposed plat.  The Committee shall either approve, approve conditionally, or reject the Preliminary Plat within ninety (90) days of submittal, as provided in Sec. 236.11, Wisconsin Statutes. 

20.27   FEE.  An application fee as set forth by the Town of Black Wolf Town Board fee schedule shall be paid in full at the time of submittal of the final plat. 

20.28   FINAL PLAT SUBMITTAL.  The applicant shall prepare a final plat in accordance with the Chapter. 

(1)   SUBDIVISION, TOWN OF BLACK WOLF - the applicant shall provide the Town of Black Wolf Zoning Administrator ten copies of the final plat, and two copies to the adjoining city or village clerk, if the plat is located within the extraterritorial plat approval jurisdiction of the adjoining city or village and they exercise their extraterritorial plat approval authority. 

(2)   SUBDIVISION, STATE - In addition to the requirements of Section 20.28(i), it shall be the responsibility of the applicant to submit the original drawing of final plats to the head of the State Planning Function, in accordance with Section 236.12(6), Wisconsin Statutes. 

20.29   GENERAL REQUIREMENTS.  A final plat prepared by a registered land surveyor shall be required for all subdivisions.  It shall comply in all respects with the requirements of Sec. 236.20, Wisconsin Statutes.  The final plat shall show correctly on its face, in addition to the information required by Sec. 236.20, Wisconsin Statutes, all lands reserved for future public acquisition or reserved for the common use of property owners within the plat.  If common property is located within the plat, then provisions for its use and maintenance must also be provided with the plat. 

20.30   SURVEYING AND MONUMENTING.  All final plats shall meet all the surveying and monumenting requirements of Sec. 236.15, Wisconsin Statutes. 

20.31   CERTIFICATES.  All final plats shall provide all the certificates required by Sec. 236.21, Wisconsin Statutes, and in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter and shall provide a certificate for Town of Black Wolf Planning and Zoning Committee approval. 

20.32   FINAL PLAT REVIEW AND APPROVAL. (1) The Committee shall examine the final plat as to its conformance with the approved preliminary plat, any condition of approval of the preliminary plat, this chapter and all ordinances, rules, regulations and adopted regional and Town of Black Wolf comprehensive plans or adopted plan components which may affect the plat. 

(1)   The Committee, in accordance with Sec. 236.11, Wisconsin Statutes, shall, within 60 days of the date of filing of the final plat with the Town of Black Wolf Town Board approval, approve conditionally or reject the plat, unless the time is extended by agreement with the applicant. 

(2)   If the plat is approved, the Committee shall not inscribe its approval on the face of the original final plat until the head of the State Planning Function has certified no objections to the plat. 

20.33   RECORDATION.  After the final plat has been approved by the Committee, the Town of Black Wolf Town Board and any other approving agencies, the subdivider shall record the plat with the County Register of Deeds in accordance with Sec. 236.25, Wisconsin Statutes. 

CONDOMINIUM PLATS 

20.34   GENERAL.  It is the intent of this section to regulate condominiums as it is related to zoning and for the division of land for the purpose of establishing a condominium plat. 

20.35   PRELIMINARY CONSULTATION.  Prior to submitting an application for approval of a preliminary plat the applicant shall consult with the Town of Black Wolf Zoning Administrator to become informed of the purpose and objectives of these regulations.

In order to facilitate the consultation the applicant shall provide a plat plan drawn to reasonable scale depicting the general lot layout, exterior property boundary, roadways, known easements and unique natural features. 

MINOR CONDOMINIUM PLATS 

20.36      SUBMITTAL.  Creation of a minor condominium plat shall be according to Wisconsin State Statutes.  A certified survey map shall be submitted to the Town of Black Wolf Zoning Administrator.  Plat shall be prepared according to 703.01 through 703.12 of Chapter 703 WI State Statutes, and the plat shall show clearly on its face the following: 

(1)               All existing buildings, water courses, drainage ditches and other features pertinent. 

(2)               Location of access to public road. 

(3)               Date of the map with a graphic scale. 

(4)               Name and address of the person for whom the survey was made. 

(5)               An owner’s certificate and approval signature of the Town of Black Wolf

Board and Treasurer’s certificate in accordance with Chapter 236.21(3)

Wisconsin Statutes, shall be the only approvals required for recording unless additional approvals are necessary for dedication purposes.           

20.37   FEE.  An application fee as set forth by the Town of Black Wolf Town Board fee schedule shall be paid in full at the time of application. 

20.38   REVIEW AND APPROVAL.  

(1)   The Committee shall, within sixty (60) days of the date of submission unless mutually extended by both parties, review the application and map against the applicable standards of this ordinance, and approve, approve conditionally or reject the application and map based upon a determination of conformity or non-conformity with the standards. 

(2)   The Town of Black Wolf Town Board shall not approve a certified survey map without the review of The Committee.  Such approval shall be within 60 days of date of submission unless mutually extended by both parties. 

MAJOR CONDOMINIUM PLAT 

20.39   PRELIMINARY PLAT SUBMITTAL 

(1)   The applicant shall prepare a preliminary plat in accordance with this chapter.  The applicant shall provide the Town of Black Wolf Zoning Administrator ten copies of the preliminary plat, and two copies to the adjoining city or village, if in the extraterritorial plat approval jurisdiction. 

(2)   In addition, condominium plats which will be developed according to Sec. 3.8 of The Town of Black Wolf Zoning Ordinance for planned unit development, shall submit application for the conditional use permit (s. 4.0) simultaneously with the preliminary plat. 

20.40   FEE

(1)   An application fee as set forth by the Town of Black Wolf Town Board fee schedule shall be paid in full at the time of submittal of the preliminary plat.  The conditional use permit fee is exempt with this application. 

20.41   PRELIMINARY PLAT REQUIREMENTS.  Refer to the provisions of Sections 20.21 through 20.25 of this chapter. 

20.42   PRELIMINARY PLAT REVIEW AND APPROVAL.  

(1)   In order to facilitate public comment, the Town of Black Wolf Town Clerk shall notify all property owners within 300 feet and all property owners of adjacent and opposite frontage of the subject site with a meeting agenda concerning the subject site utilizing first class mail with an affidavit of mailing at least five days prior to the date of such meeting.  The Committee shall conduct a meeting to review the Plat for conformance with this chapter and all other ordinances, rules, regulations which affect the Plat.  At this meeting the Committee shall permit the public to comment on the proposed plat.  The Committee shall either approve, approve conditionally, or reject the Preliminary Plat within ninety (90) days of submittal. 

(2)   Exception.  Condominium plats which are developed according to Sec. 3.8 for planned unit developments, shall adhere to the review and approval procedures in Sec. 4.0 for conditional use permits. 

20.43   SURVEYING.  All final plats shall meet all the surveying requirements of Sec. 703.11 Wisconsin  Statutes. 

20.44   CERTIFICATES.  All final plats shall provide the surveyor's certificate required by Sec. 703.11(4) Wisconsin Statutes, and in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter and shall provide a certificate for the Town of Black Wolf Town Board approval. 

20.45   FEE.  

(1)   An application fee as set forth by the Town of Black Wolf Town Board fee schedule shall be paid in full at the time of submittal of the preliminary plat.  The conditional use permit fee is exempt with this application. 

20.46   FINAL PLAT REVIEW AND APPROVAL.  

(1)   The Committee shall examine the final plat as to its conformance with the approved preliminary plat, any condition of approval of the preliminary plat, this chapter and all ordinances, rules, regulations which may affect the plat. 

(2)   The Committee shall, within 60 days of the date of filing of the final plat with the Town of Black Wolf Zoning Administrator approval, approve conditionally or reject the plat, unless the time is extended by agreement with the applicant. 

20.47   RECORDATION.  After the final plat has been approved by the Committee, the Town of Black Wolf Town Board and any other approving agencies, the applicant shall record the plat with the County Register of Deeds in accordance with Sec. 703.11 Wisconsin Statutes. 

20.48   MODIFICATIONS.  Modifications to either a condominium plat or declaration shall require review and approval by the Committee and Town of Black Wolf Town Board.  If the Committee and Town of Black Wolf Town Board determines the modification to substantially modify the original approval, it may require resubmittal for review and approval as if it were a new submittal according to the provisions of this section. 

REPLAT 

20.49   REPLAT.  Any replat of a recorded subdivision or part thereof shall be done in accordance with Chapter 236, Wisconsin Statutes. 

DESIGN STANDARDS 

20.50   STREET ARRANGEMENT. The applicant shall dedicate land for and improve streets as provided herein. 

(1)   Streets shall conform to any applicable official map ordinance in effect.  In areas for which an official map has not been completed, the street layout shall recognize the functional classification of various street types and shall be developed and located in proper relation to existing and proposed streets, with due regard to topographical conditions, natural features, utilities, land uses and public convenience and safety. 

(2)   All land divisions shall be designed so as to provide each lot with satisfactory access to a public street as provided herein. 

(3)   The following conditions shall apply for street arrangement in all proposed land divisions: 

(a)    Arterial Streets.  Arterial streets shall be arranged so as to provide ready access to centers of employment, high density residential areas, centers of government activity, community shopping areas, community recreation and points beyond the boundaries of the community.  They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect. 

(b)   Collector Streets.  Collector streets shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic or the major street and highway system and shall be properly related to special traffic generators such as schools, churches and shopping centers and other concentrations of population; and to the major streets into which they feed. 

(c)    Minor Streets.  Minor streets shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems and to require the minimum street area necessary to provide safe and convenient access to abutting property. 

(d)   Street Intersections. 

1.      Streets shall intersect each other as nearly as possible at right angles and not more than two streets shall intersect at one point unless approved by the Committee. 

2.      The number of intersections along major streets and highways shall be held to a minimum.  Wherever practicable the distance between such intersections should not be less than 1,200 feet.

1.      Street jogs with centerline offsets of less than 125 feet shall not be approved. 

e)      Proposed Streets.  Proposed streets shall extend to the boundary lines of the tract being divided, unless prevented by topography or other physical conditions or unless, in the opinion of the Committee and Town of Black Wolf Town Board, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of adjacent land tracts.  Such streets shall terminate with a temporary turnaround of 120 feet right-of-way diameter and a roadway of not less than 90 feet in diameter. 

f)        Arterial Street and Highway Protection.  Whenever the proposed land division contains or is adjacent to a major street or highway, adequate protection of residential properties is required.  Adequate protection is met by limiting access and separating through and local traffic and shall be provided by reversed frontage, with screen planting contained in a non-access reservation along the rear property line or by the use of frontage streets. 

g)      Reserve Strips.  Reserve strips controlling access to streets or alleys shall be prohibited except where their control is definitely placed with the Town of Black Wolf. 

h)      Alleys.  Alleys may be require in commercial and industrial districts to provide for off-street loading and service access, but shall not be approved in residential districts unless required by unusual topography or other exceptional conditions.  Dead-end alleys shall not be approved and alleys shall not connect to a Federal, State or County Trunk Highway. 

i)        Street Names.  Street names shall not be duplicated or be similar to existing street names and existing street names shall be projected or continued wherever is possible. 

20.51   STREET DESIGN STANDARDS

(1)   The minimum right-of-way of all proposed streets shall be as specified on any applicable street plan officially adopted by the Town of Black Wolf or, if no width is specified, the minimum right-of-way width shall be as required by local town boards. 

(2)   Minimum roadway width and surface width of all new land division roads shall comply with the Town Road Standards contained in 86.26, Wisconsin Statutes, unless locally adopted town road standards require greater width. 

(3)   Cul-de-sac streets designed to have one end permanently closed should not normally exceed 600 feet in length.  Such streets shall terminate in a circular turnaround having a minimum right-of-way radius of 60 feet and a minimum roadway radius of 45 feet. 

(4)   Street grades shall comply with town road standards contained in Sec. 86.26, Wisconsin Statutes, however, the minimum grade shall be no less than 1/2 of one percent.  Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth and general leveling of the topography. 

(5)   Radii of curvature - When a continuous street centerline deflects at any one point by more than 10 degrees, a circular curve shall be introduced having a radius of curvature on such centerline of not less than 100 feet on minor streets. 

(6)   Half streets shall be prohibited except where: 

(a)    The other half has already been dedicated. 

(b)   Its alignment is shown on an officially adopted street plan. 

20.52   INGRESS AND EGRESS ON LIMITED ACCESS HIGHWAYS.  Where a tract, lot or parcel of land abuts a County controlled limited access highway, defined in Chapter 20 of the Winnebago County General Code, access shall be provided by one of the following: 

(1)   Access control permit issued by the County Highway Department. 

(2)   Easement to use an existing access. 

(3)   Frontage road dedicated to the public having an approved access. 

(4)   Variance approved by the Winnebago County Board of  Adjustment. If access is provided by an easement to use an existing access, 20.52(2) above, then the following provisions shall apply: 

(a)    The parent parcel having an existing access shall allow access to each subsequent parcel; and 

(b)   Each subsequent parcel shall allow access to each additional subdivided parcel, not to exceed the maximum spacing requirements of Chapter 20, Winnebago County General Code. 

(c)    Setback requirements will be applicable to the zoning classification of the parcel as defined in Section 3 of the Town of Black Wolf Zoning Ordinance, and shall be measured from the edge of easement. 

(d)   Easement right-of-way shall be a minimum of 60 feet in width, and shall not include public right-of-way (overlap) within the easement width. 

20.53   LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY.  Whenever the proposed land division contains or is adjacent to a limited access highway or railroad right-of-way, the design shall provide the following treatment: 

(1)   When residential lots within the proposed land division back upon the right-of -way of an existing or proposed limited access highway or railroad, the following restriction shall be lettered on the face of the plat: "Direct vehicular access to (Name of Road) from lots abutting such road is prohibited". 

(2)   Commercial and industrial districts should provide, on each side of the limited access highway or railroad, streets approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but not less than 150 feet. 

(3)   Streets parallel to a limited access highway or railroad right-of-way, when intersecting a major street, highway or collector street which crosses such railroad or highway, shall be located at a minimum distance of 250 feet from such highway or railroad right-of-way.  Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients. 

(4)   Minor streets immediately adjacent and parallel to railroad right-of-way should be avoided. 

20.54   BLOCKS.  The widths, lengths and shapes of blocks shall be suited to the planned use of the land, zoning requirements, need f or convenient access, control and safety of street traffic and the limitations and opportunities of the topography. 

(1)   LENGTH - Blocks in residential areas should not as a general rule be less than 500 feet nor more than 1,500 feet in length unless otherwise dictated. 

(2)   WIDTH - Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic or where lots abut a lake or stream. width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning provisions for such use. 

20.55   UTILITY EASEMENTS.  All utility lines for electric power and telephone service shall be placed on mid-block easements along rear lot lines whenever carried on overhead poles, except where lots abut a lake or stream or where such location is deemed engineeringly unfeasible by the utility company involved. 

20.56   LOTS.  The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.  The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the building contemplated. 

(1)   Side lot lines should be at right angles to straight street lines or radial to curved street lines on which the lots face.  Lot lines shall follow municipal boundary lines rather than cross them. 

(2)   Double frontage and reversed frontage lots shall be prohibited, except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. 

(3)   Lot frontage. 

(a)    Unless otherwise noted in Table 1, or an applicable Town Ordinance, all newly created lots shall have a minimum frontage of 33 feet on a public street, and where applicable, a minimum frontage of 33 feet on navigable water. 

(4)   Area and dimensions of lots shall conform to the requirements of the Table 1 of this Ordinance; and in areas not served by public sewer; shall in addition conform to the requirements of the D.I.L.H.R. 85 Wisconsin Administrative Code.  Whenever a tract is subdivided into parcels with area in excess of the zoning requirements, such parcels should be arranged and dimensioned so as to allow re-division of any such parcels into normal lots in accordance with the provisions of this chapter. 

(5)   Lots shall be designed and a suitable proportion between width and depth.  Neither long narrow or wide shallow lots are normally desirable.  Normal depth shall not exceed 2 1/2 times the width nor be less than 150 feet. 

(6)   Width of lots shall conform to the requirements of Table 1.

(4)   Corner lots shall be designed with extra width to permit adequate building setback from both streets. 

(5)   Garage lots shall be established only in accordance with the intent of Section 3.10 of the Town of Black Wolf Zoning Ordinance.  Area and width requirements of Table I of this ordinance shall be followed provided that administrative authorization to modify lot area is allowed in circumstances where unique conditions exist.  In addition, the following standards shall be required of all garage lots: 

(a)    The garage lot shall be located directly across from the "house lot"; and 

(b)   The garage lot must be deed restricted by separate instrument to the house lot, said restriction to be submitted for recording at the time of submittal of the Certified Survey Map.  The restriction shall specify that it is a perpetual restriction that may only be removed by written authorization of the Town of Black Wolf Town Board at such time as the garage lot is being enlarged so as to meet other buildable lot standards. 

20.57      BUILDING SETBACK LINES.  Building setback lines shall conform to the requirements established in the Town of Black Wolf Zoning Ordinance. 

20.58   SURFACE WATER DRAINAGE.  Purpose.  The intent of this section is to

            protect property and structures from damage caused by increased surface water

            runoff due to commercial, industrial, and residential development of the land.

            Surface water runoff after development shall not exceed the peak rate/volume of

            flow at predevelopment conditions.  The 25-year storm frequency for Winnebago

            County shall be the basis to determine both preconstruction and post-construction

            surface water runoff. 

            A drainage plan shall include, but not be limited to, the following: 

(1)           Based upon the 25-year return period storm for Winnebago County. 

(2)        Include soil types, infiltration characteristics of the soil, amount of available

            detention area, type of vegetative cover, amount of impervious cover, and

            time response to runoff. 

(3)        Compatible with County and Township natural drainage ways and   

            easements. 

(1)         Identify bridges, regional drainage patterns; water boundaries; pipes,

      culverts, catch basins, waterways, ditches, detention and retention basin;

      and indicate respective size, dimensions, and grades of each. 

(2)        All drainage ways and associated structures shall lie within maintenance

easements and be so indicated on final plats. 

(3)        Direction of the surface water flow by arrows. 

(7)        Designed in accordance with the United States Department of Agriculture

            Technical Release No. 55  Urban Hydrology for Small Watersheds and

            County, City, Village or Township standards, or whichever is more restrictive. 

(8)        Indicate methods that will be used to protect downstream areas and adjacent property owners from damage caused by surface water runoff. 

(9)        A covenant shall be recorded with the final plat in the Winnebago County Register of Deeds office.  Covenant shall state: 

(a)     “Maintenance of all drainageways and associated structures within the

subdivision are the sole responsibility of the property owners of the

subdivision”, unless otherwise noted on the plan or required by the Town. 

(b)    Upon failure of the property owner(s) to perform maintenance of the

drainageways and associated structures, the Town of Black Wolf retains the right to perform maintenance and/or repairs shall be equally assessed among the property owner(s) of the subdivision with a drainage covenant. 

DEDICATIONS AND IMPROVEMENTS 

20.59   SURFACE WATER DRAINAGE RESTRICTIONS.  To the extent practical, no drainageway contained within a drainage easement shall be disturbed, except as provided in Section 20.59 (3) , in accordance with the following: 

(1)   No artificial obstruction may be constructed, planted or maintained within any man-made or natural drainage way so that such obstructions impede the natural flow of water and/or diminishes the natural aesthetic quality of the drainageway. 

(2)   Lot boundaries shall be made to coincide with new and/or preexisting man-made and natural drainageways to avoid the creation of lots that can be built upon by altering such drainageways. 

(3)   Exceptions.  Surface water shall not be regarded as unduly retained or diverted if: 

(a)    The retention or diversion results from a technique, practice, or device deliberately installed as part of an approved sedimentation or storm water runoff control plan. 

(b)   The retention or diversion is not substantially different in location or degree than that experienced by the development site in its predevelopment stage, unless such retention presents a danger to health or safety. 

(c)    The retention or diversion results from the actions of natural obstructions, whereby maintenance shall be performed by the property owner as described in Sec. 20.58(11). 

(d)   The retention or diversion has been allowed or required by The Town of Black Wolf Planning Committee, and noted on the approved drainage plan. 

20.60   DEDICATION AND RESERVATIONS OF LAND.  

(1)   Whenever a tract of land to be divided embraces all or any part of a street, the adopted regional, County, and Town of Black Wolf comprehensive plans, or adopted plan components, such public way shall be made a part of the plat and either dedicated or reserved by the applicant in the locations and dimensions indicated on such plan. 

(2)   Whenever a proposed park, playground, public access, open space site or other public land, other than streets or drainageways, designated in the adopted regional County and Town of Black Wolf comprehensive plan components is embraced, all or in part, in a tract of land to be divided, such proposed public lands shall be made a part of the plat and shall either be dedicated to the public or reserved for acquisition at undeveloped land costs for a period not to exceed three years between the applicant and the public agency having jurisdiction.  If the reserved land is not acquired by such public agency within the above time limit, the land shall be released to the owner. 

20.61   IMPROVEMENTS.  

(1)   No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved by the Committee. 

(2)   Before recording the final plat with the County Register of Deeds, the applicant shall enter into a contract or other arrangement agreeable with the Town of Black Wolf agreeing to install all required public improvements and shall file with such contract a surety bond or other satisfactory security meeting the approval of the Town of Black Wolf Town Board as a guarantee that such improvements will be completed by the subdivider or his subcontractors within the time limit established by the Town of Black Wolf Town Board. 

20.62   PLANS.  The following plans and accompanying construction specifications may be required by the Town of Black Wolf Town Board before authorization of construction or installation of improvements: 

(1)   Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements. 

(2)   Installation of street signs meeting the approval of the Town of Black Wolf Town Board at all intersections. 

(3)   Sanitary sewer plans and profiles showing the locations, grade, sizes, elevations and materials or required facilities. 

(4)   Surface water drainage facilities, which may include curb and gutters, catch-basins and inlets, road ditches and open channels, as may be required to provide adequate surface drainage for the subdivision. 

20.63   INSPECTION.  The applicant prior to commencement of any work within the land division, shall make arrangements with the Town Board to provide for adequate inspection.  The Town Board shall inspect and approve all completed work prior to approval of the final plat or release of the sureties. 

20.64   PUBLIC SANITARY SEWERAGE AND PRIVATE SEWAGE DISPOSAL SYSTEMS.  In areas that have a sanitary sewer system on or near the proposed subdivision, the Town of Black Wolf Town Board and the Committee shall determine the feasibility of service and the procedures to be followed by the subdivider in joining the system.  Also the following shall apply: 

(1)   MAJOR LAND DIVISIONS and MAJOR CONDOMINIUM PLATS shall be served by a public sanitary sewage system, major holding tank on a sanitary district as part of a public sewer system, or an on-site soil absorption system in accordance with DILHR Ch. 85.  Private holding tanks are expressly prohibited. 

(2)   MINOR LAND DIVISIONS and MINOR CONDOMINIUM PLATS may be served by holding tanks provided no alternative methods are available.

20.65   DEFINITIONS.  In the construction of this chapter, the definitions contained in this section shall be observed and applied except when the context clearly indicates otherwise. 

(1)   ALLEY - A public or private right-of-way which provides secondary access to abutting properties. 

(2)   ARTERIAL STREET - A street used, or intended to be used, primarily for fast or heavy through traffic.  Arterial streets shall include freeways and expressways, as well as standard arterial streets, highways, and parkways. 

(3)   BLOCK - A group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified. 

(4)   BUILDING - A structure having a roof supported by columns or wall.  When separated by division walls from the ground up and without openings, each portion of each building shall be deemed a separate building.

(5)   COLLECTOR STREET - A street used, or intended to be used, to carry traffic from minor streets to the major system or arterial streets, including principal entrance streets to residential developments. 

(6)   COUNTY - Reference to County shall mean Winnebago County and shall include any agency, department or committee thereof. 

(7)   CUL-DE-SAC STREET - A minor street with only one outlet and having a turn around for the safe and convenient reversal of traffic movement. 

(8)   EXTRATERRITORIAL PLAT APPROVAL JURISDICTION - The unincorporated area within 1 1/2 miles of a fourth-class city or village and within 3 miles of all other cities over which cities and villages may exercise plat approval, provided they have enacted an official map ordinance or subdivision control ordinance in accordance with Sec. 236.10, Wisconsin Statutes. 

(9)   FINAL PLAT - The map of plan of a subdivision and any accompanying material as described in Sec. 20.35 of this chapter. 

(10)FRONTAGE - The length of the front property line of the lot, lots or tract of land abutting the right-of-way of a public street road or highway. 

(11)FRONTAGE STREET - A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development. 

(12)GRADE - The slope of a road, street or other public way, specified in percent. 

(13)IMPROVEMENT, PUBLIC - Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, park, parkway, public access, sidewalk, pedestrian way, planting strip, off-street parking area or other facility for which the County or Town of Black Wolf may ultimately assume the responsibility for maintenance and operation. 

(14)LAND DIVISION - The act or process of dividing land into two or more parcels. 

(15)LOT - Designated parcel tract or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit, and containing the minimum frontage, width, and area sufficient to meet building, parking, setback, open space, sanitary, or other requirements. 

(16)LOT AREA - The total square footage lying within the peripheral boundaries of a parcel of land.  In any zoning jurisdiction, the area of a lot specifically excludes: 

(a)    the right-of-way of a public or private street; 

(b)   areas of navigable water. 

(17)LOT CORNER - A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less measured on the lot side. 

(18)LOT, LEGAL - A unit of land existing under a single ownership which complies with the applicable basic district standards for the Zoning District in which such lot is situated or meets the definition of a "lot of record" of this ordinance, which is provided with the minimum frontage upon a public road, and which complies with all applicable Subdivision and Laws and ordinances. 

(19)LOT LINES - The peripheral boundaries of a parcel of land. 

(20)LOT OF RECORD - A legal lot of record shall mean a lot legally created and recorded in the Winnebago County Register of Deeds Office prior to or according to the Winnebago County Subdivision Ordinance of May 1, 1969, meeting applicable State County Zoning and Subdivision Laws and ordinances. 

(21)LOT, THROUGH - A lot which has a pair of opposite lot lines among two parallel streets and which is not a corner lot.  On a through lot both street lines shall be deemed front lot lines. 

(22)LOT, WIDTH - The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth.  On irregularly (non-perpendicular) shaped lots, the width shall be the average width of the lot computed according to ILHR 85, Wisconsin Administrative Code.  Lot width shall be measured at the street setback line applicable to the zoning district the parcel is located within.  In the shoreland jurisdiction, the lot width shall also be measured at the shore yard setback line applicable to the zoning district the parcel is located within.  At least 50% of the lot shall be greater than or equal to the required lot width. 

(23)MAJOR CONDOMINIUM PLAT - Condominiums in which land is allocated into parcels or building sites, whether the individual portions of land are defined as "units" or "limited common elements", are subject to review and approval of this Ordinance if five (5) or more Parcels or building sites of five (5) acres or smaller in size and created within any five (5) year period from a lot parcel or tract which existed on the effective date of this chapter. 

(24)MAJOR LAND DIVISIONS - The creation of five (5) or more parcels or building sites of five (5) acres or smaller in size by successive divisions within a period of five (5) years.  Within the classification of MAJOR LAND DIVISION, there shall be sub-classifications of: 

(25)SUBDIVISION, TOWN OF BLACK WOLF - (Subdivisions satisfying this classification, are subject to Town of Black Wolf review, and do not require State review).  The subdivision of a lot, parcel or tract of land by the owner thereof or the owner's agent for the purpose of sale or of building development, where: 

(a)    The act of division creates five (5) or more parcel or building sites, each of which is larger than one and one-half (1 1/2) acres and which is five (5) acres or smaller in size: or 

(b)   Five (5) or more parcels or building sites of which is larger than one and one-half acres and which is five (5) acres or smaller in size and created by successive divisions within a period of five (5) years. 

(26)SUBDIVISION, STATE - (Subdivisions satisfying this classification are subject to mandatory State review under Chapter 236 of the Wisconsin Statutes in addition to Town of Black Wolf review under this Ordinance).  The division of a lot, parcel or tract of land by the owner thereof or the owner' s agent for the purpose of sale or of building development, where: 

(a)    The act of division creates five (5) or more parcels or building sites of one and one-half (1 1/2) acres each or less in area; or 

(b)   Five (5) or more parcels or building sites of one and one-half (1 1/2) acres each or less in area are created by successive divisions within a period of five (5) years. 

(28)MAJOR STREET - Arterial and collector roads primarily intended for through traffic with a secondary function for direct access. 

(29)MINOR CONDOMINIUM PLAT - Condominiums in which land is allocated into parcels or building sites, whether the individual portions of land are defined as "units" or "limited common elements", are subject to review and approval of this Ordinance if one (1) but not more than four (4) parcels or building sites of five (5) acres or smaller in size are created within any five (5) year period from a lot parcel or tract which existed on the effective date of this chapter. 

(30)MINOR LAND DIVISIONS - The creation of one (1) but not more than four (4) parcels or building sites which divide land into a parcel or parcels of five (5) acres or smaller in size.  Minor land divisions shall be created by Certified Survey Maps.  Not more than four (4) parcels may be created by means of minor land division procedures within any five (5) year period from a lot, parcel or tract which existed on the effective date of this chapter. 

(31)MINOR STREET - A street used or intended to be used primarily for access to abutting properties. 

(32)OBSTRUCTION, DRAINAGEWAY - This Ordinance refers to two different types of obstructions: 

(a)    ARTIFICIAL OBSTRUCTION - Any obstruction other than a natural obstruction that is capable of reducing the carrying capacity of a stream or drainageway or may accumulate debris and thereby reduce the carrying capacity of a stream; such as fences, dams, planted trees and shrubs, and any other obstructions instituted as a result of human activity. 

(b)   NATURAL OBSTRUCTION - Includes any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within the stream or drainageway by a non-human cause.

(33)OUTLOT - A remnant parcel of land not to be used for building purposes, so designated on the plat. 

(34)PARCEL - Lot Created by a division of land.  A parcel (s) which is owned, controlled or managed as a single entity shall be treated as a single tract, unless separated by a public road and navigable and non-navigable waters.  A parcel is created as of the date the deed, land contract, lease, etc., is recorded with the Register of Deeds Office. 

(35)PRELIMINARY PLAT - A map showing the salient features of a proposed subdivision submitted to the Town of Black Wolf Planning and Zoning Committee for purposes of preliminary consideration as described in Section 20.20 of this chapter. 

(36)PRIVATE SEWAGE SYSTEM ORDINANCE - The County Private Sewage System Ordinance which is included as Chapter  16 of this Winnebago County General Code. 

(37)PUBLIC WAY - Any public road, street highway, walkway, drainageway or part thereof. 

(38)SHORELAND JURISDICTION - The area within 1,000, of the ordinary high water mark of a navigable lake, pond or flowage; or within 300' of the ordinary high water mark of a river or stream; or to the landward side of a floodplain, whichever distance is greater. 

(39)STREET (Public) - The right-of -way of any street, road, highway, lane, etc., dedicated to the public which generally provides access to abutting properties. 

(40)STREET (Private) - The right-of -way of any private road, highway, lane, street, access easement, easement, etc., where the defined street or easement provides access to more than one parcel or principal structure. 

(41)TOWN OF BLACK WOLF PLANNING AND ZONING COMMITTEE - The Town of Black Wolf Zoning Committee, as authorized by Chapter 60 of the Wisconsin Statutes, or any other committee created by the Town of Black Wolf Town Board and authorized to plan land use. 

(42)TOWN - Reference to town shall mean The Town of Black Wolf including the Town Board, Town Clerk or any other designated Town Committee. 

(43)TRACT - A contiguous area of land which exists or has existed in single ownership. 

(44)ZONING ADMINISTRATOR - The person designated by the Town of Black Wolf to administer this chapter. 

Amended 3/18/97

Amended  3/09/98

Amended  1/16/01 

TABLE 1                     PAGE 1 

Lot Size/Area Requirements 

UNSEWERED AREA

                                                                                       Minimum        Minimum         

Zoning District  Minimum Area     Width                          Frontage        Notes

 

R-1                                          87,120 sq ft                      200’                 33’              1,2,3,6 

R-2                                          87,120 sq ft                      200’                 33'               1,2,3,6 

R-3                                          87,120 sq ft                      200’                 33’              1,2,3,6 

G-1                                          3,000   sq ft (max)             40’                   40’              1,2,6 

B-1                                          30,000  sq ft                     100’                 100’            1,2,3,6 

B-2                                          30,000  sq ft                     100’                 100’            1,2,3,6 

B-3                                          30,000  sq ft                     100’                 100’            1,2,3,6 

P-1                                          43,560  sq ft                     200’                 200’            1,2,3,6 

A-1                                          80 acres                            n/a                    300’            1,2,5 

A-2                                          10 acres                            n/a                    300’            1,2,5 

M-1                                         As necessary to meet setbacks                  33’              1,2
 

TABLE 1                     PAGE 2 

Lot Size/Area Requirements 

SEWERED AREA 

                                                                                       Minimum        Minimum         

Zoning District  Minimum Area     Width                          Frontage        Notes 

R-1                                          43,560  sq ft                     120’                 33’              1,2,6 

R-2                                          43,560  sq ft                     120’                 33’              1,2 

R-3                                          43,560  sq ft                     120’                 33'               1,2,6

                                                per dwelling unit

R-4                                          43,560  sq ft                     200’                 33’              1,2,6

                                                per dwelling unit 

R-5                                          43,560  sq ft                     120’                 33’              1,2,6

                                                per dwelling unit

                                                10 acres for development recommended

                                                20% of development area for open space 

MH-1                                      43,560  sq ft per unit         120’                 33’              1,2,6 

G-1                                          3,000  sq ft max                40’                   40’              1,2,6 

B-1                                          15,000   sq ft                    100’                 100’             1,2,6 

B-2                                          15,000   sq ft                    100’                 100’             1,2,6 

B-3                                          15,000   sq ft                    100’                 100’             1,2,6 

B-4                                          30,000   sq ft                    100’                 33’               1,2,6 

P-1                                          43,560   sq ft                    200’                 33’               1,2,6 

A-1                                          80 acres                            n/a                    300’            1,2,5,6 

A-2                                          10 acres                            n/a                    300’            1,2,5,6 

M-1                                         as necessary to meet all district                  33’              1,2

                                                regulations 

NOTES: 

Note 1:             all lot areas exclude right-of-way of public or private roads/easements 

Note 2:             lot width is measured at the setback from right-of-way 

Note 3:           minimum lot area and/or width shall be increased as needed where necessitated by requirements for a private sewage system 

Note 4:             overall development density is a maximum of two (2) dwelling units per acre 

Note 5:            access may be by direct frontage or recorded easement with note regarding permit issuance required 

Note 6:             lots in Shoreland also require minimum width at shore yard setback 

Note 7:             R-1 lot reduction in shoreland is subject to soil evaluation and sanitary system requirements 

JURISDICTION 

When lots fall in areas under both town and county jurisdiction the greater restrictions shall govern.

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