HomeMy WebLinkAboutResolution 2014 (01)
Resolution No. 1 (2014)
RESOLUTION OF THE ST. CROIX COUNTY BOARD OF
SUPERVISORS APPROVING CREATION OF THE TOWN OF
FOREST ZONING ORDINANCE
1 WHEREAS, the Town of Forest adopted Village Powers on July 11, 1988 at a Special
2 Town meeting; and
3 WHEREAS, the Forest Town Board adopted a Comprehensive Plan per Wisconsin
4 Statutes §66.1001on December 8, 2009 and amended it on November 21, 2013; and
5 WHEREAS, on October 21, 2011, at a Special Town meeting, the Town of Forest
6 adopted a resolution authorizing the Forest Town Board to adopt a town zoning ordinance; and
7 WHEREAS, on October 9, 2013, the Town of Forest Plan Commission held a public
8 hearing on a draft town zoning ordinance and approved a resolution recommending the Forest
9 Town Board adopt the town zoning ordinance; and
10 WHEREAS, on October 15, 2013, the Forest Town Board adopted a resolution, pursuant
11 to Wis. Stat. 61.35, to enact the town zoning ordinance; and
12 WHEREAS, §60.62(3), Wisconsin Statutes states that in counties having a county zoning
13 ordinance no town zoning ordinance or amendment is effective unless approved by the county
14 board; and
15 WHEREAS, St Croix County has a zoning ordinance; and
16 WHEREAS, the Community Development Department reviewed two drafts of the
17 proposed Town of Forest Zoning Ordinance on August 6, 2013 and September 5, 2013 and
18 provided comments and recommendations to the Forest Town Plan Commission and Forest
19 Town Board for their consideration; and
20 WHEREAS, the Community Development Committee has held a public hearing on the
21 proposed Town of Forest Zoning Ordinance and recommends approval.
22 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the Town
23 of Forest Zoning Ordinance attached hereto is hereby approved.
Sponsored By: Community Development Committee on December 19, 2013
Le-gal- Fiscal- Administrative Approvals:
Legal Note: none
Fiscal Impact: None
r ML f K" 1. 44 x, on 1 1712013 41 mane Direr 12117/201T
P tar 211 &2013
St. Croix County Board of Supervisors Action:
Roll Call - Vote Requirement - Majority of Supervisors Present
RESULT: ADOPTED [14 TO 2]
MOVER: Ron Kiesler, Supervisor
SECONDER: Agnes Ring, Supervisor
AYES: Travis Schachtner, Agnes Ring, Tim Hood, Daryl Standafer, Fred Yoerg, Chris Kilber, Richard Ottino, Dave
Ostness, Roger Larson, Ron Kiesler, Andy Brinkman, David Peterson, Joe Hurtgen, Duane Russett
NAYS: Buck Malick, William Peavey
ABSENT: Tom Hawksford, Fred Horne, Brian Hurtgen
This Resolution was Adopted by the St. Croix County Board of Supervisors on January 7, 2014
Cindy Campbell, County Clerk
I
RESOLUTION NO.
TOWN OF FOREST
ADOPTING TOWN ZONING ORDINANCE AND ZONING MAP
r.
WHEREAS, in October 2011, the Town Meeting for the Town of Forest
adopted a resolution authorizing the Town Board of the Town of Forest to enact
town zoning ordinances under Wis. Stat. 61.35;
~i
WHEREAS, the Town Board referred preparation of a draft zoning
ordinance and zoning map to the Plan Commission;
WHEREAS, the Plan Commission has worked with a planning consultant
and has met and discussed the ordinance and map over thirty times over the last
year and one half.
WHEREAS, the Town Board held a properly noticed public informational
hearing on the draft zoning ordinance and map on or about July 9, 2013.
WHEREAS, St. Croix County Community Development Department has
reviewed and commented on two drafts of the zoning ordinance and the Plan
Commission has taken into consideration those comments;
i.
WHEREAS, the Plan Commission held a properly noticed public hearing
on the draft zoning ordinance and zoning map on October 9, 2013;
WHEREAS, after the public hearing the Plan Commission discussed the
public comments and modified the draft zoning ordinance and map in
consideration of some of the public comments;
i
WHEREAS, the Plan Commission recommended the draft zoning
ordinance and zoning map with its modifications to the Town Board for adoption
by the Town Board;
NOW THEREFORE, the Town Board having reviewed the draft zoning
ordinance and map recommended by the Plan Commission hereby adopts the
zoning ordinance and zoning map-as the Town Zoning Ordinance and Zoning
Map and directs the Town Clerk to.forward the adopted Town Zoning Ordinance
and Map to St. Croix County for its approval.
Passed and adopted by the Town Board of the Town of Forest this
day of October, 2013.
Jaim nker, Towr -C
Att st,
Marilyn Benson, Town Clerkt
fsc Q.,
ZONING ORDINANCE
TOWN OF FOREST,
ST. CROIX COUNTY, WISCONSIN
Reviewed by St. Croix County
August 15, 2013
September 5, 2013
Reviewed by Town Plan Commission
September 12, 2013
September 23, 2013
Revised - September 17, 2013
Revised September 27, 2013
Public Hearing Held by Plan Commission - October 9, 2013
Plan Commission Recommended Adoption- October 9, 2013
Adopted Town Board - o -T` i S i C 1
ARTICLE i INTRODUCTION
Section 1: Title 1
Section 2: Authority 1
Section 3: Purpose 1
Section 4: Intent 1
Section 5: Interpretation 2
Section 6: Abrogation and Greater Restrictions 2
Section 7: Severability 2
Section 8: Effective Date 2
Section 9: Definitions 2
ARTICLE 2 ADMINISTRATION AND ENFORCEMENT
Section 1: Zoning Administrator 17
Section 2: Date Application(s) Considered Filed with the Town 17
Section 3: Land Use Permit 18
Section 4: Plan Commission 19
Section 5: Conditional Uses 20
Section 6: Board of Appeals 24
Section 7: Variances 26
Section 8: Impact Studies and Reports 27
Section 9: Amendments 27
Section 10: Violations and Penalties 28
ARTICLE 3: ZONING DISTRICTS
Section 1: Introduction 29
Section 2, Zoning Districts 30
Section 3: District Boundaries 30
Section 4: Residential District 30
Section 5: Agricultural District 33
Section 6: Agricultural-Residential District 36
Section 7: Commercial District 37
Section 8: Conservancy District 40
Section 9: Mineral Extraction District 42
ARTICLE 4 GENERAL PROVISIONS
Section 1: Jurisdiction and Compliance 43
Section 2: District Regulations 44
Section 3: Height and Area 44
Section 4: Use Regulations 45
Section 5: Site Regulations 45
Section 6: Highway and Road Setbacks 47
Section 7: Access and Frontage 49
Section 8: Off-Street Parking 50
Section 9: Signs 51
Section 10: Maximum Residential Density 55
Section 11: Nonconforming Uses, Structures and Lots 55
ARTICLE 5 PERFORMANCE STANDARDS
Section 1: Purpose and Intent 58
Section 2: Accessory Buildings 58
Section 3: Adult Establishments.. 58
Section 4: Animal Housing and Waste Storage Structures 61
Section 5: Commercial Kennels 62
Section 6: Fences 62
Section 7: Home Occupations 63
Section 8: Junkyards/Salvage Yards, Contractor's Storage Yard, Recycling Center........... 67
Section 9: Mini-Storage/Self-Storage Facilities 67
Section 10: Mobile Homes 67
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1 ARTICLE I INTRODUCTION
2
3 SECTION 1 TITLE
4
5 The title of this ordinance is the "Town of Forest Zoning Ordinance," herein referred to
6 as "this Ordinance."
7
8 SECTION 2 AUTHORITY
9
10 The Town Board of the Town of Forest has the specific authority, powers and duties,
11 pursuant to Wis. Stats. §60.61, §60.62, §61.35 and §62.23, pursuant to the specific
12 statutory sections noted in this Ordinance and by the adoption of village powers under
13 Wis. Stats. §60.10, and by the granting of powers to zone under the above statutory
14 provisions by the electors of the Town of Forest at a legally called and noticed Special
15 Town Meeting on October 21, 2011 to zone certain areas in the Town of Forest and to
16 regulate, prohibit, and restrict construction, alteration, erection and enlargement of
17 certain structures and buildings in the Town of Forest and to regulate and control certain
18 uses, activities, businesses and operations in the Town of Forest.
19
20 SECTION 3 PURPOSE
21
22 The purpose of this Ordinance is to protect and promote the health, safety and general
23 welfare of the Town of Forest, St. Croix County, Wisconsin and its residents through the
24 establishment of minimum regulations governing use and development and providing
25 penalties for the violation of its provisions. This Ordinance shall divide the Town into
26 districts and establish regulations in regard to location, erection, construction,
27 reconstruction, alteration and use of structures and land.
28
29 SECTION 4 INTENT
30
31 It is the general intent of this Ordinance to:
32 A. Aid in implementing the adopted Town Comprehensive Plan;
33 B. Provide for compatibility of different land uses;
34 C. Promote orderly development and redevelopment;
35 D. Regulate land use, location and use of buildings, lot coverage, the size of yards
36 and other open spaces, and the density of population;
37 E. Provide adequate light, air, drainage and convenience of access to property;
38 F. Facilitate the adequate provision of public facilities and utilities;
39 G. Stabilize and protect property values;
40 H. Preserve and promote the conservation of natural resources;
41 I. Provide for the administration and enforcement of this Ordinance;
42 J. Provide penalties for the violation of this Ordinance.
43
44
45
46
October 11, 2013 DRAFT Page 1
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
47 SECTION 5 INTERPRETATION
48
49 In their interpretation and application, the provisions of this Ordinance shall be held to
50 be minimum requirements, liberally construed in favor of the Town and shall not be
51 deemed a limitation or repeal of any other powers granted by Wisconsin Statutes.
52
53 SECTION 6 ABROGATION AND GREATER RESTRICTIONS
54
55 It is not intended by this Ordinance to repeal, abrogate, annul, impair or interfere with
56 any existing easements, covenants, deed restrictions, ordinances, rules, regulations, or
57 permits previously adopted or issued pursuant to law. However, where this Ordinance
58 imposes greater restrictions, the provisions of this Ordinance shall govern.
59
60 SECTION 7 SEVERABILITY and NONLIABILITY.
61
62 (a) If any section, provision, sentence, or any part of this Ordinance is adjudged to be
63 unconstitutional, unlawful, or invalid by a court of competent jurisdiction, the remainder
64 of this Ordinance shall not be affected thereafter.
65
66 (b) If any application of this Ordinance to a particular structure, land or water is
67 adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment
68 shall not be applicable to any other structure, land or water not specifically included in
69 said judgment.
70
71 ( c ) The Town of Forest does not guarantee, warrant or represent that only those areas
72 designated as floodlands will be subject to periodic inundation and hereby asserts that
73 there is no liability on the part of the Town Board, its agencies or employees for any
74 flood damages, or structural damages that may occur as a result of reliance upon and
75 conformance with this Ordinance.
76
77 SECTION 8 EFFECTIVE DATE
78
79 This Ordinance shall take effect after a public hearing, adoption by the Town Board,
80 approval of the St. Croix County Board of Supervisors and publication or posting as
81 required by law.
82
83 SECTION 9 DEFINITIONS
84
85 A. For the purpose of administering and enforcing this ordinance, the terms or
86 words used herein shall be interpreted as follows:
87 1. Words used in the present tense include the future: in the singular include the
88 plural and in the plural include the singular.
89 2. The word "shall" is mandatory, not permissive.
90 3. All distances, unless otherwise specified shall be measured horizontally.
91 4. All definitions that refer to Wisconsin Statutes shall incorporate any revisions
92 or amendments to statutory language.
October 11, 2013 DRAFT Page 2
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
93 B. For purposes of this Ordinance, the following terms are defined as indicated
94 below:
95
96 1. Accessory Building A subordinate building or portion of the principal
97 building, the use of which is incidental to the permitted use of the principal
98 building, and located on the same lot.
99
100
101 2. Accessory Use. A use subordinate to and serving the principal use on the
102 same lot and customarily incidental thereto. It must also be subordinate in
103 area, extent and purpose to the principal building or use served.
104 Accessory uses include, but are not limited to, family day care, home
105 occupations, and seasonal roadside stands.
106
107 3. Agricultural Business. A commercial operation solely providing goods
108 and/or services to local agriculture operations, such as sale of feed, seed,
109 pesticides, fertilizer, or fuel; and sale and repair of agricultural equipment.
110
111 4. Animal Feeding Operation. A lot or facility, other than a pasture or grazing
112 area, where animals have been, are or will be stabled or confined, and will
113 be fed or maintained for a total of forty-five (45) days or more in any
114 twelve (12) month period, as defined in Wisconsin Department of Natural
115 Resources NR 243.
116
117 5. Animal Housing Structure. A temporary or permanent building or other
118 structure used to house, feed, or milk one (1) or more animal units.
119
120 6. Animal Unit. A unit of measure, as defined in Wisconsin Department of
121 Natural Resources NR 243, used to determine the total number of single
122 animal types, or combination of animal types, that are at an animal feeding
123 operation.
124
125 7. Animal Waste Storage Facility. One or more animal waste storage
126 structures used for temporary storage of animal waste or other organic
127 waste, including stationary equipment and piping used to load and unload
128 an animal waste storage structure if the equipment is specifically designed
129 for that purpose and is an integral part of the facility. It does not include
130 equipment used to apply animal waste to land or animal waste that is
131 confined within an animal housing structure.
132
133 8. Animal Waste Storage Structure. A waste storage impoundment made by
134 constructing embankments, excavating a pit or dugout, or fabricating a
135 structure. It does not include equipment used to apply waste to land. For
136 purposes of ATCP §51.12(2) and 51.14, does not include any of the
137 following:
October 11, 2013 DRAFT Page 3
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
138 a. A structure used to collect and store animal waste under a livestock
139 structure.
140 b. A waste digester consisting of a sealed structure in which animal
141 waste is subjected to managed biological decomposition.
142
143 9. Antenna Any device or equipment used for the transmission or
144 reception of electromagnetic waves, which may include an omni-
145 directional antenna (rod), a directional antenna (panel) or a parabolic
146 antenna (disc).
147
148 10. Basement. A story partly or wholly underground which, if occupied for
149 living purposes, shall be counted as a story.
150
151 11. Bed and Breakfast. A place of lodging that meets the definition and
152 standards of Wis. Stats. §254.61.
153
154 12. Best Management Practices (BMPs). Practices and industry standards
155 designed to minimize environmental damage.
156
157 13. Board of Appeals. A five (5) member board, and two (2) alternates,
158 serving three-year terms, appointed by the Town Chairman, and approved
159 by the Town Board of the Town of Forest, St. Croix County, Wisconsin,
160 pursuant to Wis. Stat. 62.23 (7)(e) 2 having the powers and duties
161 specified in Article 2, Section 6 of this Ordinance.
162
163 14. Boarding House. A building other than a hotel where meals or lodging
164 and meals are furnished for compensation for three (3) or more persons
165 not members of a family not open to transients in contradistinction to
166 hotels and restaurants.
167
168 15. Buffer. The use of land, topography, space, fences or landscape plantings
169 to screen or partially screen a property in order to reduce undesirable
170 influences, such as: sight, noise, dust, and other external effects which a
171 land use may have upon other adjacent or nearby land uses.
172
173 16. Building. A structure used, designed or intended for the protection,
174 shelter, enclosure or support of person, animals or property. When a
175 building is divided into separate parts by a division wall without openings,
176 extending from the ground up, each part shall be deemed a separate
177 building.
178
179 17. Building, Height of. The vertical distance from the base point of elevation
180 as defined in this Ordinance to the highest point of a flat roof; to the
181 decline of a mansard roof or to the average height of the highest gable of
182 a gambrel, hip or pitch roof.
183
October 11, 2013 DRAFT Page 4
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
184 18. Campground. Any parcel of land which is designated, maintained,
185 intended or used for the purpose of providing sites for non-permanent
186 overnight use by four (4) or more camping units, or which is advertised or
187 represented as a camping area.
188
189 19. Cellar. The unfinished portion of a structure located mostly below grade
190 without sufficient exits or natural lighting and ventilation to be considered
191 as livable space.
192
193 20. Certified Survey Map. A map showing division of land prepared in
194 accordance with Wis. Stats. §236.64, the St. Croix County Land Division
195 Ordinance, and the Town Subdivision Ordinance.
196
197 21. Church. A building, together with its accessory buildings and uses, where
198 persons regularly assemble for religious worship and which building,
199 together with its accessory buildings and uses, is maintained and
200 controlled by a religious body organized to sustain public worship.
201
202 22. Club. An association of persons for some common purpose, but not
203 including any groups organized primarily to render a service, which is
204 customarily carried on as a business.
205
206 23. Comprehensive Plan. A plan for guiding and shaping the growth or
207 development of a community or area which has been adopted by a
208 governmental unit and whose preparation is authorized by Wis. Stats.
209 §62.23, or §236.46.
210
211 24. Conditional Use. A use that would not be appropriate generally or without
212 restriction throughout the zoning district but would not be detrimental to the
213 public health, safety, or general welfare if appropriate conditions are
214 imposed on the use.
215
216 25. Connecting Streets. Streets of cities, townships and villages that connect
217 state trunk highways as defined in Wis. Stats. §84.92(11).
218
219 26. Contractor's Storage Yard. The outdoor portion of a lot or parcel, where a
220 construction or service contractor maintains a permanent business office,
221 that is used to store and maintain construction or service equipment and
222 other materials customarily used by the construction or service contractor.
223 If permitted to be used in this manner, the entire lot or parcel would then be
224 classified as a contractor's storage yard and will be required to conform to
225 all applicable zoning district standards and regulations.
226
227 27. Development. Any artificial change to improved or unimproved real
228 estate, including but not limited to, the construction of buildings,
229 structures, or accessory buildings; the construction of additions or
October 11, 2013 DRAFT Page 5
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
230 alterations to buildings, structures, or accessory uses; the repair of any
231 damaged structure or the improvement or renovation of any structure; the
232 placement of buildings or structures; subdivision layout and site
233 preparation; mining, dredging, filling, grading, paving, excavation or drilling
234 operations; the storage, deposition, or extraction of materials or
235 equipment; and the installation, repair or removal of public or private
236 sewage disposal systems or water supply facilities.
237
238 28. District. Parcels, areas, or sections of the Town of Forest, Wisconsin, for
239 which the regulations governing the use of land and buildings are uniform.
240
241 29. Drainage System. One or more artificial ditches, tile drains or similar
242 devices which collect surface runoff or groundwater and convey it to a
243 point of discharge.
244
245 30. Dust Free. (As applied to driveways or parking spaces.) Construction of
246 washed and packed gravel or trap rock, concrete, macadam or asphalt, so
247 that travel on the surface does not create dust.
248
249 31. Dwelling. Any building or part thereof which is designed or used
250 exclusively for residential purposes by one or more human beings either
251 permanently or transiently, not including hotels, motels, lodging houses.
252
253 32. Dwelling, Multiple-family. A building or portions thereof designed for and
254 used by more than two (2) families. Classification of a residential structure
255 shall be determined by its present or projected occupancy and design and
256 not by the characteristics of ownership and tenancy such as condominium
257 arrangements.
258
259 33. Dwelling, Single-family. A detached building designed for or occupied
260 exclusively by one (1) family.
261
262 34. Dwelling, Two-family. A detached or semi-detached building designed for
263 and occupied exclusively by two (2) families living independently of each
264 other.
265
266 35. Emergency Shelters. Public or private enclosures designed to protect
267 people from aerial, radiological, biological, or chemical warfare; fire; flood;
268 windstorm; riots; or invasions.
269
270 36. Family. A group of persons who live together in one (1) dwelling unit as a
271 single housekeeping entity.
272
273 37. Family Child Care Home. As defined in Wis. Stats. §66.1017, a dwelling
274 licensed as a child care center by the Wisconsin Department of Children
October 11, 2013 DRAFT Page 6
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
275 and Families under Wis. Stats. §48.65 where care is provided for not more
276 than eight (8) children.
277
278 38. Fence. A barrier constructed of materials other than evergreen shrubbery
279 erected for the purpose of protection, confinement, enclosure, or privacy.
280
281 39. Finished Room. A room created by covering the walls and ceiling with
282 plaster, dry wall, paneling or other similar building material, so as to block
283 from view the structural members of the wall and ceiling; trimming the doors,
284 windows and built-in cabinets with molding; and preserving the walls and trim
285 with paint, varnish or other similar material.
286
287 40. Floor Area. The area within the exterior wall lines of a building, provided that
288 the floor area of a dwelling shall not include space not usable for living
289 quarters, such as attics, basements or utility rooms, garages, breezeways,
290 unenclosed porches or terraces.
291
292 41. Frontage. All property abutting on one (1) side of a street or road measured
293 along the street or road.
294
295 42. Frontage, Reversed. When the rear lot line of a corner lot coincides with part
296 or all of the side lot line of another lot in the same block, reverse frontage
297 exists.
298
299 43. Game Management or Fur Farm. A commercial operation raising and
300 harvesting wild game and fur producing animals for meat and/or fur.
301
302 44. Garage, Private. An accessory building or space used for storage only of not
303 more than three (3) private motor-driven vehicles.
304
305 45. Garden Center. A place of business where retail and wholesale products and
306 produce are sold. These centers, which may include a nursery and/or
307 greenhouses, import most of the items sold, and may include plants, nursery
308 products and stock, power equipment and machinery, and gardening tools.
309
310 46. Grade. The elevation or level of the street closest to the sign to which
311 reference is made, measured at the street's centerline.
312 47. Home Occupation. Any business or profession which is clearly secondary to
313 the principal use of the premises as a dwelling and is conducted only by
314 members of a family residing in the dwelling.
315
316 48. Home Occupation, Mayor. A home occupation authorized in Article 5, Section
317 6(D) of this Ordinance as a conditional use by the Town Board.
318
319 49. Home Occupation, Minor. A home occupation authorized in Article 5, Section
320 6(E) of this Ordinance.
October 11, 2013 DRAFT Page 7
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
321
322 50. Household Pets. Animals commonly found in residence as pets, such as
323 dogs, cats, birds and other small animals, provided that they are not raised or
324 reared for commercial resale.
325 51. Hotel or Motel. A building or group of buildings containing rooms which are
326 offered for compensation for the temporary accommodations of transients and
327 where there is no permanent occupancy of any unit except by the owner, his
328 agent, or employees.
329
330 52. Indoor Recreational Facility. A building used for used for indoor recreation,
331 including but not limited to, tennis, racquet ball, driving ranges, curling, dance
332 schools, ice arenas, shooting ranges, pool hall, and health club.
333
334 53. Industrial Uses. These include light industrial and heavy industrial uses.
335 Light industrial uses involve wholesale activities, warehouses, and other
336 industrial uses that have little impact on the surrounding area, minimal impact
337 on traffic and are conducted wholly indoors and without significant noise,
338 odor, dust, and glare, and do not negatively impact land, water, and air.
339 Heavy industrial uses include uses such as manufacturing, assembling,
340 fabrication, processing, bulk handling, storage, trucking, mining, and other
341 uses which, because of their physical and operational characteristics, are
342 likely to have a higher negative impact on the surrounding area due to traffic,
343 noise, pollution, vibration, light, dust, fumes, odors, pesticides, herbicides or
344 other hazardous materials, fire or explosion hazards, physical appearance,
345 negative visual and/or aesthetic impact, or other undesirable conditions or
346 characteristics relating to such uses.
347
348 54. Institutional. A use including but not limited to government building, library,
349 and public, private, or charter schools.
350
351 55. Junkyard/Salvage Yard. An open area where waste or scrap materials are
352 bought, sold, exchanged, stored, baled, disassembled or handled for
353 commercial or non-commercial purposes including, but not limited to, scrap
354 iron and other metals, paper, rags, rubber tires and bottles.
355
356 56. Kennel, Commercial. An establishment, structure, or premises where five (5)
357 or more adult dogs or cats, six (6) months of age or older, are bred and raised
358 for sale, boarded, groomed and/or trained as a service.
359
360 57. Licensing Authority. The Town of Forest.
361
362 58. Livestock. Bovine animals, equine animals, goats, sheep, swine, farm-raised
363 deer, farm-raised game birds, camelids, ratites, and farm-raised fish.
364
365
October 11, 2013 DRAFT Page 8
DRAFT Zoning Ordinance Town of Forest, St Cron County, Wisconsin
366 59. Livestock Facility. A feedlot, dairy farm or other operation where livestock
367 are or will be fed, confined, maintained or stabled for a total of forty-five
368 (45) days or more in any twelve-month (12) period. It includes all of the
369 tax parcels of land on which the facility is located, but does not include a
370 pasture or winter grazing area. Related livestock facilities are collectively
371 treated as a single livestock facility for purposes of this Ordinance, except
372 that an operator may elect to treat a separate species facility as a
373 separate livestock facility.
374
375 60. Livestock Structure. A building or other structure used to house or feed
376 livestock for milking, to confine livestock for feeding or grazing, to store
377 livestock feed, or to collect or store waste generated at the livestock
378 facility. Livestock structures include a barn, milking parlor, feed storage
379 facility, feeding facility, animal lot or animal waste storage structure.
380 Livestock structure does not include a pasture or winter grazing area, a
381 livestock watering or feeding facility in a pasture or winter grazing area, or
382 a machine shed or like facility this is not used for livestock.
383
384 61. Living Space. That portion of a dwelling occupied by the residence for
385 normal daily living functions, to include, but not limited to, all space on the
386 main level of a dwelling, any upper level rooms that have been finished for
387 daily use, and any lower level rooms that have been finished for daily use,
388 but not including any room used for a furnace, water heater or similar
389 mechanical device, unless they occupy a minor portion of such room and
390 the remainder of the room has been finished for daily use.
391
392 62. Lodging House. A building other than a hotel or motel where lodging only
393 is provided for compensation.
394
395 63. Lot. A parcel of land occupied or designed to provide space necessary for
396 one main building and its accessory buildings or uses, including the open
397 spaces required by this Ordinance and abutting on a public street or other
398 official approved means of access. A lot may be a parcel designated in a
399 plat or certified survey map or described in a conveyance recorded in the
400 office on the Register of Deeds, or any part of a large parcel when such
401 part complies with the requirements of this Ordinance as to width the area
402 for the district in which it is located. No land included in any street,
403 highway, access easement or railroad right-of-way shall be included in
404 computing lot area.
405
406 64. Lot, Corner. A lot located at the intersection of two (2) streets, any two (2)
407 corners of which have an angle of one hundred twenty (120°) degrees or
408 less. If bounded by a curved street in which case the chord within the
409 limits of the lot line forms and angle of one hundred twenty (120°) degrees
410 or less.
411
October 11, 2013 DRAFT Page 9
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
412 65. Lot, Interior. A lot other than a corner lot.
413
414 66. Lot, Residential. A lot containing, or with the ability of containing, a single-
415 family or two-family residence in compliance with the maximum residential
416 density requirements contained in Article 4, Section 10 of this Ordinance
417 in the Agricultural and Agricultural-Residential Districts.
418
419 67. Lot, Sewered. A lot served by a public or shared septic system.
420
421 68. Lot, Unsewered. A lot served by a private on-site septic system.
422
423 69. Lot Line. The line bounding a lot as herein described.
424
425 70. Lot Width. The horizontal distance between the side lot lines of a lot
426 measured within the lot boundary and at the minimum required front
427 setback line.
428
429 71. Manufactured Home. As defined in Wis. Stats. §101.91(2), a structure
430 that is designed to be used as a dwelling with or without a permanent
431 foundation and that is certified by the federal department of housing and
432 urban development as complying with the standards established under 42
433 USC 5401 to 5425. .
434
435 72. Manufactured or Mobile Home Park. An area or premises on which is
436 provided the required space for the accommodation of mobile homes,
437 together with necessary accessory buildings, driveways, walks, screening
438 and other required adjuncts.
439
440 73. Mobile Home. As defined in Wis. Stats. §101.91(10), a vehicle
441 manufactured or assembled before June 15, 1976, designed to be towed
442 as a single unit or in sections upon a highway by a motor vehicle and
443 equipped and used, or intended to be used, primarily for human
444 habitation, with walls of rigid uncollapsible construction, which has an
445 overall length in excess of forty-five (45) feet. "Mobile home" includes the
446 mobile home structure, its plumbing, heating, air conditioning and
447 electrical systems, and all appliances and all other equipment carrying a
448 manufacturer's warranty.
449
450 74. Mobile Recreational Vehicle or Travel Trailer. A vehicle which is built on a
451 single chassis, four hundred (400) square feet or less when measured at
452 the largest horizontal projection, designed to be self-propelled, carried or
453 permanently towable by a licensed, light-duty vehicle, is licensed for
454 highway use if registration is required and is designed primarily not for use
455 a permanent dwelling, but as temporary living quarters for recreational,
456 camping, travel or seasonal use. Manufactured or mobile homes that are
457 towed or carried onto a parcel of land, but do not remain capable of being
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
458 towed or carried and are temporarily placed, including park mobile homes,
459 do not fall under this definition.
460
461 75. Nonconforming Lot. A lot that existed lawfully before this Ordinance was
462 enacted or amended, but that does not contain sufficient area and/or width
463 to meet the requirements in this Ordinance.
464
465 76. Nonconforming Structure. A dwelling or building that existed lawfully
466 before this Ordinance was enacted or amended, but that does not comply
467 with one (1) or more of the dimensional regulations in this Ordinance,
468 including setback, height, lot coverage, side yard, and other similar type
469 regulations.
470
471 77. Nonconforming Use. A use of land, a dwelling, or a building that existed
472 lawfully before this Ordinance was adopted or amended, but that does not
473 comply with the use regulations of this Ordinance.
474
475 78. Non-residential Child Care Center. A non-residential, non-dwelling facility
476 licensed as a child care center by the State Department of Health and
477 Social Services under Wis. Stats. §48.65 where a person or persons
478 provide group day care for nine (9) or more children.
479
480 79. Nursery, Wholesale. The onsite propagation and growing of plants,
481 shrubs, trees, or vines. Products raised onsite may be sold onsite. Retail
482 sales of any other products are not allowed. Garden Centers are not
483 included.
484
485 80. Ordinary High Water Mark: The point on the bank or shore up to which
486 the presence and action of surface water is so continuous as to leave a
487 distinctive mark such as erosion, destruction or prevention of terrestrial
488 vegetation, predominance of aquatic vegetation or other easily recognized
489 characteristic.
490 81. Outdoor Recreational Facility. A use including but not limited to athletic
491 fields, golf courses, club house, miniature golf, batting cages, driving
492 range, paintball, and go-kart tracks.
493
494 82.Outlot. A lot remnant or parcel of land with a plat remaining after platting,
495 which is intended for open space use, for which no development is
496 intended other than that which is accessory to the open space use. An
497 outlot may not be developed for any use or structure that requires a
498 private, on-site wastewater treatment system.
499
500 83. Parcel. Contiguous land under single-entity ownership and having a
501 parcel identification number registered with St. Croix County.
502
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
503 84. Parking Lot. A lot where automobiles are parked or stored temporarily but
504 not including the wrecking of automobiles or other vehicles or storage for
505 the purpose of repair or wrecking.
506
507 85. Permitted Use. A use which may be lawfully established in a particular
508 district or districts, provided it complies with all requirements, regulations
509 and performance standards, if any, of such districts.
510
511 86. Person. An individual, or group of individuals, corporation, partnership,
512 association, municipality, or state agency.
513
514 87. Plan Commission. The Town of Forest Plan Commission.
515
516 88. Principal Structure. The main building or other structure on a lot that is
517 utilized for the property's principal use. Principle structure includes
518 attached garages and porches.
519
520 89. Principal Use. The primary purpose for which a lot or parcel is used.
521
522 90. Professional Office. The office of a doctor of medicine or dentistry,
523 practitioner, minister, architect, landscape architect, professional engineer,
524 lawyer, author, musician or other recognized profession.
525
526 91. Property Boundary Line. The line between parcels of land that touch each
527 other or parcels of land that are separated only by a river, stream or
528 transportation or utility right-of-way.
529
530 92. Public Utilities. Those utilities using underground or overhead
531 transmission lines such as electric, telephone and telegraph, and
532 distribution and collection systems such as water, sanitary and storm
533 sewer.
534
535 93. Recycling Center. A facility where recyclable materials are collected,
536 stored, flattened, crushed or bundled prior to shipment to others who will
537 use those materials to manufacture new products. The recyclable
538 materials will be separated at the source and shall be clean and nuisance
539 free. Hazardous waste shall not be received.
540
541 94. Quarrying: The removal of mineral aggregates, topsoil or other natural
542 materials from the earth by excavating, stripping or any other mining
543 process.
544
545 95. Retail Sales and Services. The provision of goods and/or services such
546 as cards or gifts, clothing, video games, lumber or building supplies,
547 hardware, sports equipment, etc.
548
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
549 96. Roadside Stand. A structure having a ground area of not more than three
550 hundred (300) square feet, not permanently fixed to the ground, readily
551 movable in its entirety, not fully enclosed and to be used solely for the sale
552 for farm products produced on the premises or adjoining premises.
553
554 97. Screening. Screening is a solid fence, six (6) feet high or a planting belt
555 not less than fifteen (15) feet wide and not less than six (6) feet high.
556
557 98. Service Station. Any building, structure or premises or other place used
558 for the dispensing, sale or offering for sale of any motor fuel or oils, having
559 fuel pumps and storage tanks; also where battery, tire and similar services
560 are provided.
561
562 99. Setback. The minimum horizontal distance between a structure and the
563 street or lot line.
564
565 100. Setback Lines. Lines established adjacent to highways, lot lines, lakes,
566 and streams or other places for the purpose of defining limits within
567 which any or certain buildings, structures or uses may not be
568 constructed, maintained or carried on, except as shown herein. "Within
569 a setback line" means between the setback line and the highway, lot
570 line, lake or stream to which the setback line is adjacent.
571
572 101. Sign. A display, illustration, structure, or device that directs attention to
573 an idea, object, product, place, activity, person, institution, organization,
574 or business.
575
576 102. Sign, Banner. Any sign of lightweight fabric or similar material that is
577 permanently mounted to a pole or a building at one or more edges.
578
579 103. Sign, Building. Any single-faced sign painted on, attached to or erected
580 against the wall of a building, structure, marquee, canopy or awning.
581 Also including any sign placed on the interior of a window or painted on
582 a window such that it can be read from the outside of the building.
583
584 104. Sign, Double-faced. A sign with two (2) faces back-to-back or with an
585 interior angle of less than one hundred eighty (180) degrees (also known
586 as V-signs).
587
588 105. Sign, Freestanding. A sign principally supported by one or more
589 columns, poles, or braces placed in or upon the ground.
590
591 106. Sign, Monument. A freestanding sign where the base of the sign
592 structure is on the ground.
593
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
594 107. Sign, Off-premise. A sign whose message content does not bear any
595 relationship to the activities conducted on the premises on which it is
596 located.
597
598 108. Sign, On-premise. A sign whose message content bears a direct
599 relationship to the activities conducted on the premises on which it is
600 located.
601
602 109. Sign, Pornographic: Any sign that, is determined to be, in whole or in
603 part, obscene or pornographic under Miller v. California, 413 U.S. 15,
604 93 S.Ct. 2607 (1973), and subsequent court decisions, construing the
605 definition of "pornographic," that apply in Wisconsin.
606
607 110. Sign, Portable. Any sign not permanently attached to the ground or
608 other permanent structure, or a sign designed to be transported,
609 including, but not limited to, signs designed to be transported by means
610 of wheels; signs converted to A- or T-frame; balloons used a signs;
611 umbrellas used for advertising; and signs attached to or painted on
612 vehicles parked and visible from the public right-of-way, unless said
613 vehicle is used for transportation in the normal day-to-day operations of
614 the business.
615
616 111. Sign, Projecting. Any sign affixed to a building or wall in such a manner
617 that its leading edge extends more than six (6) inches beyond the
618 surface of such building or wall.
619
620 112. Sign, Roof. Any sign erected and constructed wholly on and over the
621 roof of a building, supported by the roof structure and extending
622 vertically above the highest portion of the roof.
623
624 113. Sign Temporary. A sign intended to display either commercial or non-
625 commercial messages of a transitory or temporary nature.
626
627 114. Sign Structure. Any structure designed for the support of a sign.
628
629 115. Solid Waste Processing or Transfer. A facility for the collection,
630 processing, or temporary storage of solid waste prior to offsite disposal,
631 not to exceed one (1) year.
632
633 116. Space. A plot of ground within a mobile home park, designed for the
634 accommodation of one mobile home unit.
635
636 117. Sport Shooting Range. An outdoor area, public or private, designed and
637 operated for the practice of weapons used in hunting, skeet shooting,
638 and similar sport shooting.
639
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
640 118. Story. The vertical distance between the surface of any floor and the
641 floor next above it, or if there be no floor above it, the space between
642 such floor and the ceiling next above it.
643
644 119. Story, Half. A story under any roof except a flat roof, the wall plats of
645 which on a least two (2) opposite exterior walls are not more than two (2)
646 feet above the floor of such story.
647
648 120. Street. A public or private thoroughfare which affords a primary means
649 of access to abutting property.
650
651 121. Street Line. A dividing line between a street and the abutting lot.
652
653 122. Structure. Any man-made object with form, shape and utility, that is
654 constructed or otherwise erected, attached to or permanently or
655 temporarily placed, either upon the ground, a river bed, stream bed, lake
656 bed, or upon another structure. Structure includes swimming pools, hot
657 tubs, patios, decks, and retaining walls, but does not include landscaping
658 or earthwork such as graded areas, filled areas, ditches, berms, or
659 earthen terraces. Structure does not include small objects that are
660 easily movable by hand, such as lawn chairs, portable grills, portable
661 picnic tables, bird feeders, birdhouses, and birdbaths. Structure does
662 not include a property line fence(s).
663
664 123. Structural Alteration. Any change in the supporting members of a
665 structure, such as bearing walls, columns, purlins, rafters, beams or
666 girders, footing and piles.
667
668 124. Subdivision. A subdivision is a division of a lot, parcel or tract of land by
669 the owner thereof or their agents for the purpose of transfer of ownership
670 or building development where the act of division creates one or more
671 new lots, parcels or tracts, if the lots, parcels or tracts are twenty (20)
672 acres or smaller in area.
673
674 125. Temporary Structure. A moveable structure not designed for human
675 occupancy which may be used for the storage or housing of goods or
676 chattels.
677
678 126. Town. The Town of Forest, St. Croix County, Wisconsin.
679
680 127. Town Board. The Town Board of the Town of Forest, St. Croix County,
681 Wisconsin.
682
683 128. Transmission Services. Electric power lines, telephone lines,
684 communication towers, cables, sewage lift stations, sewer and water
685 pipes, and other pipes, conduits and accessory buildings that are used
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
686 to transport power, convey information or transport material between two
687 (2) points, other than wireless communication service facilities.
688
689 129. Unnecessary Hardship. Where special conditions affecting a particular
690 property, which were not self-created, have made strict conformity with
691 restrictions governing areas, setbacks, frontage, height or density
692 unnecessarily burdensome or unreasonable in light of the purposes of
693 this Ordinance.
694
695 130. Use. The purpose for which land or premises or a building thereon is
696 designated, arranged or intended, or which it is or may be occupied or
697 maintained.
698
699 131. Variance. Authorization by the Board of Appeals for the construction,
700 modification, or maintenance of a building or structure in a manner that
701 deviates from dimensional standards contained in this Ordinance.
702
703 132. Wetland. An area where water is at, near, or above the land surface
704 long enough to be capable of supporting aquatic or hydrophytic
705 vegetation and which has soils indicative of wet conditions.
706
707 133. Wis. Stats. Wisconsin Statutes, including successor provisions of cited
708 statutes.
709
710 134. Yard. An open space on the same lot with a building, unoccupied and
711 unobstructed from the ground upward, except as otherwise provided
712 herein. The front and rear yards extend the full width of the lot.
713
714 135. Yard, Front. A yard extending the full width of the lot between the front
715 lot line and the nearest part of the principal building, excluding
716 uncovered steps.
717
718 136. Yard, Rear. An open space, unoccupied except for accessory buildings
719 extending from the rear lot line to the rear line of the principal building for
720 the entire width of the lot line, excluding such projections as are
721 permitted herein.
722
723 137. Yard, Side. A yard or open space on each side of the principal building
724 extending from the side wall of the building to the side lot line and from
725 the front yard to the rear yard. When an accessory building is
726 constructed as part of the principal building or constructed on one side of
727 the principal building, the side yard requirements shall be the same for
728 the accessory building as required for the principal building.
729
730
731
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DRAFT Zoning Ordinance Town of Forest, St Croix County„ Wisconsin
732 ARTICLE 2 ADMINISTRATION AND ENFORCEMENT
733
734 SECTION 1 ZONING ADMINISTRATOR
735
736 A. There is hereby created the office of Town Zoning Administrator, herein referred
737 to as "Zoning Administrator." Appointment of this office shall be made by the
738 Town Board.
739 B. The duty of the Zoning Administrator shall be to interpret, administer, and enforce
740 this Ordinance and shall further:
741 1. Advise applicants for permits as to the provisions of this Ordinance and
742 assist them in preparing applications.
743 2. Issue permits as provided in this Ordinance.
744 3. Keep records of all permits issued, inspections made, work approved,
745 legal nonconforming uses, conditional uses and/or variances granted by
746 the Town Board or Board of Appeals and other official actions.
747 4. Determine questions of the exact location of district boundaries.
748 a. Wherever there is a dispute over the exact boundary of a district,
749 the Zoning Administrator shall decide the matter.
750 b. The person contesting the matter shall be given reasonable
751 opportunity to present his/her case to the Zoning Administrator and
752 to submit his/her own technical evidence, if he/she so desires.
753 c. The Board of Appeals may review decisions of the Zoning
754 Administrator as an appeal.
755 5. Make on-site investigations related to the enforcement of this Ordinance
756 and other Town Ordinances.
757 6. Have access to any structure or premises for the purpose of performing
758 his/her duties in reviewing permit applications or relating to enforcement of
759 this Ordinance. This power shall be exercised at a reasonable hour and
760 after a twenty-four (24) hour notice.
761 7. Make a recommendation to the Town Board regarding approval or denial
762 of a land use permit , as provided in Section 3 of this Article.
763
764 SECTION 2 DATE APPLICATION(S) CONSIDERED FILED WITH THE TOWN
765
766 For purposes of computing deadlines under this ordinance, an application for any
767 Plan Commission or Town Board action under this chapter (Land Use Permit,
768 Conditional use Permit, Variance ) shall be deemed to have been validly filed with the
769 Town when a written application, signed by the applicant and property owner or an
770 authorized representative and accompanied by the applicable Town application and all
771 required materials and fees, have been personally delivered to the Town Clerk, and the
772 application has been acknowledged by the Plan Commission or Town Board, whichever
773 is applicable, at its regular monthly meeting following the delivery of materials to the
774 designated Town personnel. At the time an application is delivered to the Clerk, the
775 applicant shall also provide all information and written materials required to allow the
776 Town Clerk to notify all landowners as required in this Ordinance of what Conditional
777 use Permit activity is being proposed.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
778
779 SECTION 3 LAND USE PERMIT
780
781 A. No construction, reconstruction, alteration or addition to any structure or change
782 or new use of land shall commence before a land use permit, building permit or
783 any other permit, which may be required by this or any other ordinance, has been
784 issued.
785 B. The following activities do not require a land use permit, provided they comply
786 with the existing standards for the applicable zoning district and do not increase
787 the square footage or height of the structure:
788 1. Exterior maintenance and renovation, including asphalt/concrete paving,
789 roofing, siding, and windows.
790 2. Interior maintenance and renovation.
791 3. Reconstruction of an existing deck.
792 C. Applications for land use permits shall be submitted to the Town Clerk and
793 forwarded to the Zoning Administrator for further review.
794 D. The Zoning Administrator shall review the application to determine:
795 1. That the parcel was created in compliance with Town and County
796 ordinances;
797 2. That the proposed land use is a "permitted use" or that a conditional use
798 permit has been approved;
799 3. Compliance with all applicable setback and highway access regulations,
800 or an attached variance, granted by the Board of Appeals,
801 4. If a copy of a St. Croix County Sanitary Permit is attached;
802 5. If a copy of a St. Croix County Land Use Permit (required whenever the
803 parcel in question is subject to any other applicable County Ordinance ) is
804 attached;
805 6. Inclusion of a rural address/fire number;
806 7. Inclusion of applicable fee(s).
807 8. If all applicable requirements are deemed to be satisfied, the Zoning
808 Administrator may recommend that the Town Board approve the land use
809 permit. .
810 E. All applications shall contain the following information:
811 1. Name, address, phone numbers and email addresses s of the applicant
812 and the owner of the property.
813 2. Legal description of the property, volume and page of the records of the
814 St. Croix County Register of Deeds at which is located the recorded legal
815 description of the parcel in the form of a plat or survey map, deed or
816 similar instrument and type of proposed use. Where the Zoning
817 Administrator has any doubt as to the location of the project in relation to
818 any boundary, he/she may require the applicant to provide a certified
819 survey map (CSM).
820 3. A sketch of the dimensions of the lot and location of any buildings from the
821 lot lines, centerline of abutting watercourse and water marks at the day of
822 the sketch.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
823 4. Where a private water or sewage system is to be installed, the approved
824 St. Croix County Sanitary Permit application shall be submitted.
825 5. When the application concerns land subject to floodplain zoning, the plans
826 shall include detailed information on the elevation of the lot and the
827 location of existing or proposed fill or storage materials. This shall be in
828 addition to that required above.
829 6. Applications which are found to involve slopes in excess of twelve (12%)
830 percent, by the Zoning Administrator on the basis of slope indications on
831 the application, sketch or observations made in the course of field
832 inspection, shall be approved only if the proposed construction is in
833 compliance with erosion control conditions set in the course of subdivision
834 review under the Town Subdivision Ordinance or in the case of properties
835 not subject to such conditions, if the project is deemed not to threaten
836 serious erosion or sedimentation problems. The Zoning Administrator
837 may recommend reasonable erosion prevention conditions to be attached
838 to a land use permit approved for issuance. Any such conditions must be
839 consistent with applicable state construction site erosion control
840 standards.
841 7. Land use or conditional use permits issued on the basis of approved plans
842 and applications authorize only the use, arrangement and construction set
843 forth in such approved plans and applications and no other use,
844 arrangement or construction. Use arrangement or construction at
845 variance with that authorized shall be deemed a violation of this
846 Ordinance.
847 F. Expiration of Permits.
848 1. Land use permits and amendments shall expire twenty-four (24) months
849 from the date of issuance, where no action has been taken to accomplish
850 such changes or commence building activity.
851 2. The Town Board may extend such permit for a period of ninety (90) days
852 for justifiable cause, if application is made to the Town at least thirty (30)
853 days before the expiration of said permit..
854 G. Land use and building permits issued without compliance with this Ordinance
855 shall have no legal effect.
856 H. Procedures in case of violations.
857 1. In the case of a violation of this Ordinance, the Zoning Administrator shall
858 notify the person responsible for such violation, including the nature of the
859 violation and ordering the action necessary to correct it.
860 2. The Zoning Administrator shall also report all violations to the Plan
861 Commission and Town Board.
862 I. Fees. Whenever an applicant files an application for any permit, the applicant
863 shall pay a fee in accordance with a schedule that shall be adopted and
864 amended from time to time, as necessary by the Town Board.
865
866 SECTION 4 PLAN COMMISSION
867
868 Refer to Town Plan Commission Ordinance 01-02, as amended.
October 11, 2013 DRAFT Page 19
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
869
870 SECTION 5 CONDITIONAL USES
871
872 Certain uses and situations which, because of their unique characteristics, cannot be
873 properly classified as unrestricted permitted uses in any particular district(s), without
874 consideration, in each case, of the impact of those uses upon neighboring land or public
875 facilities, and of the public need for the particular use of a particular location. Such uses
876 may be necessary or desirable to be allowed in a particular district provided that due
877 consideration is given to location, development and operation of such uses. These
878 uses are classified as conditional uses.
879 A. Authority and Requirements.
880 1. The Town Board hereby authorizes the Zoning Administrator to issue a
881 conditional use permit after review, public hearing, and approval from the
882 Town Board provided that such conditional uses and involved structure(s)
883 are found to be in accordance with the purpose and intent of this
884 Ordinance and are further found not to be hazardous, harmful, offensive or
885 otherwise adverse to the environment, the neighborhood, or the
886 community.
887 2. Town Board action, and the resulting conditional use permit, shall specify
888 the period of time for which the permit is effective, if specified, the name of
889 permittee, the location and legal description of the affected premises.
890 3. Prior to the granting of a conditional use permit, the Town Board and Plan
891 Commission shall make findings based upon the evidence presented that
892 the standards herein prescribed are being complied with.
893 4. Conditions such as landscaping, architectural design, type of construction,
894 construction commencement and completion dates, sureties, lighting,
895 fencing, planting screens, operation control, hours of operation, improved
896 traffic circulation, deed restrictions, highway access restrictions, increased
897 yards or parking requirements may be required by the Town Board upon
898 its finding that these are necessary to fulfill the purpose and intent of this
899 Ordinance.
900 5. Compliance with all other provisions of this Ordinance, such as lot width
901 and area, yards, height, parking, loading, traffic, highway access and
902 performance standards shall be required of all conditional uses.
903 6. Compliance with any applicable Federal, State, and County regulations
904 shall be required.
905 B. General Procedure- In addition to the provisions of this Ordinance, applications
906 for a conditional use permits shall be processed in this manner:
907 1. Applications. Application for any use listed in this Ordinance as requiring
908 a conditional use permit may be allowed only upon application to the Town
909 Board on forms furnished by the Zoning Administrator or Town Clerk.
910 Conditional use permit applications can include single parcels of land or
911 groupings of contiguous parcels.
912 a. The Town Board may require such additional information that may
913 be necessary to determine and provide for an enforcement of this
914 Ordinance, including a plan showing contours and soil types;
October 11, 2013 DRAFT Page 20
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
915 Ordinary High Water Mark and groundwater conditions; bedrock,
916 vegetative cover, specifications for areas of proposed filling,
917 grading, and lagooning; location of buildings, parking areas, traffic
918 access, driveways, walkways, open spaces and landscaping; plans
919 of buildings, sewage disposal facilities, water supply systems and
920 arrangements of operations.
921 b. The applicant for a conditional use permit shall be responsible for
922 any professional review fees, including without limitation
923 engineering and legal fees, the Town incurs in its consideration
924 and action on the application.
925 i. These fees shall be payable whether or not the application
926 for conditional use is approved.
927 ii. The Town Board may require the applicant to submit funds
928 at the time of submission of such application of an escrow
929 account to cover any anticipated fees.
930 iii. The amount of such required escrow shall be determined at
931 the sole discretion of the Town Board, based on a good faith
932 estimate of fees and costs likely to be incurred.
933 iv. If at any time monies in the escrow account are insufficient
934 to pay expenses incurred by the Town for professional fees,
935 the applicant shall deposit any required additional amounts
936 within fifteen (15) days of written demand by the Town Clerk
937 or the consideration and/or approval of the application for
938 conditional use permit may delayed and/or denied.
939 v. Any funds remaining in the escrow account will be returned
940 to the applicant when construction is complete and the site is
941 stabilized.
942 2. Referral to Plan Commission, Notice and Hearing.
943 a. The Conditional Use Permit application shall be referred to the Plan
944 Commission for its review and recommendation.
945 b. Before making a recommendation to the Town Board on an
946 application for conditional use permit, the Plan Commission shall
947 hold a public hearing with Class 2 Notice provided.
948 c. At least ten (10) days prior to the public hearing, a notice of time,
949 place and purpose of such public hearing shall also be sent to the
950 applicant, the members of the Town Board, and the owners of
951 record of property in whole or part situated within one (1) mile of the
952 boundaries of the applicant's properties One mile shall be
953 measured in every direction. All costs associated with providing the
954 required notice are to be paid for by the applicant.
955 d. The Plan Commission shall report its recommended action to the
956 Town Board within sixty (60) days after a matter has been referred
957 to it, after which the Town Board shall take formal action.
958 3. Determination. The conditions of approval or reasons for denial shall be
959 stated in writing by the Town Board and made a permanent part of the
960 minutes.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
961 4. Recording. When a conditional use permit is approved, an appropriate
962 record shall be made of the land use and structures permitted and such
963 approval shall apply solely to the structures, use and property so
964 described. The Town Board may require this document to be recorded
965 against the property with the Register of Deeds for St. Croix County
966 5. Termination. Where a conditional use does not comply with the conditions
967 of the original approval, the conditional use permit may be terminated by
968 action of the Town Board preceded by a public hearing and notice to
969 affected parties.
970 6. Town Board Action.
971 a. The Town Board shall act on an application in the manner
972 described above within sixty (60) days of receiving the
973 recommendation from the Plan Commission, except that where
974 additional information is required by the Town Board in (B)(1)(a)
975 above.
976 b. The Board shall render a written decision within ten (10) days of its
977 decision stating a reason or reasons for the action and provide it to
978 the applicant.
979 C. General Standards. Approval of a conditional use permit by the Town Board
980 shall only be granted subject to the following provisions:
981 1. No conditional use shall violate the spirit or general intent of this
982 Ordinance.
983 2. No conditional use shall violate the spirit or general intent of the most
984 recently adopted Town Comprehensive Plan.
985 3. No conditional use shall be allowed which would constitute a fire hazard or
986 be contrary to the public health, safety, morals, comfort or general welfare.
987 4. No conditional use shall be allowed which would impair or diminish the
988 uses, value and/or enjoyment of adjoining property or other property in the
989 district.
990 5. No conditional use shall be allowed that would constitute a nuisance by
991 reason of noise, dust, smoke, odor, or other similar factors.
992 6. No conditional use shall impede the normal and orderly development and
993 improvement of the surrounding property for uses permitted in the district.
994 7. No conditional use shall be allowed unless adequate utilities, access
995 roads, drainage and other necessary site improvements have been or are
996 being provided.
997 8. No conditional use shall be allowed unless adequate measures have been
998 or will be taken to ingress and egress so designed as to minimize traffic
999 congestion on public streets.
1000 9. No conditional use shall violate floodplain regulations governing the site.
1001 10. No conditional use shall be allowed unless adequate measures have been
1002 or will be taken to prevent and control water pollution, including
1003 sedimentation, erosion and runoff.
1004 11. The Town Board shall also apply standards set forth in other Articles of
1005 this Ordinance, which apply to particular classes of conditional uses.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1006 D. Application of Standards. When applying the above standards to any new
1007 construction of a building or an addition to an existing building, the Town Board
1008 and Plan Commission shall bear in mind the statement of purpose for the zoning
1009 district such that the proposed building or addition at its location does not defeat
1010 the purposes and objectives of the zoning district.
1011 E. Conditions. The Town Board may make the granting of a request for a
1012 conditional use contingent upon such express conditions as it considers
1013 necessary to fulfill the purpose and intent of this Ordinance. In all cases in which
1014 conditional uses are granted, the Town shall require such evidence and
1015 guarantees as it may deem necessary as proof that the conditions stipulated in
1016 connection therewith are being and will be complied with. These conditions may
1017 include, but are not limited to, specifications of:
1018 1. Period of time in which all or part of the use may be permitted.
1019 2. Increased setbacks and yard dimensions.
1020 3. Specified sewage disposal and water supply facilities.
1021 4. Landscaping and planting screens.
1022 5. Operation control.
1023 6. Sureties.
1024 7. Deed restrictions.
1025 8. Location of other structures or signs.
1026 9. Location and amount of parking facilities.
1027 10. Type of construction.
1028 11. Construction commencement and completion dates.
1029 12. Lighting.
1030 13. Fencing.
1031 14. Hours of operation.
1032 15. Traffic circulation.
1033 16.Access restrictions.
1034 17. Suitability of slopes and soils.
1035 18. Any other requirements necessary to fulfill the purpose and intent of this
1036 Ordinance.
1037 F. Alteration of Conditional use. No alteration or expansion of a use permitted by
1038 conditional use permit shall be permitted unless a new conditional use permit is
1039 approved by the Town Board, upon recommendation of the Plan Commission,
1040 pursuant to the procedures required in this Section.
1041 G. Expiration of a Conditional use Permit.
1042 1. Where a conditional use application has been approved or conditionally
1043 approved, such approval shall become null and void twenty-four (24)
1044 months after the date of the approval unless the use is commenced,
1045 construction is underway or the current owner possesses a valid building
1046 permit under which construction is commenced within six (6) months of
1047 the date of issuance and which shall not be renewed unless construction
1048 has commenced.
1049 2. Approximately forty-five (45) days prior to the expiration of such permit,
1050 the Zoning Administrator or Town Clerk shall make best efforts to notify
1051 the holder by certified mail of such revocation. Failure to provide such
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1052 notice shall not preclude the Town from enforcing the expiration date
1053 provided in this Ordinance.
1054 3. The Town Board may extend such permit for a period of ninety (90) days
1055 for justifiable cause, if application is made to the Town at least thirty (30)
1056 days before the expiration of said permit.
1057
1058 SECTION 6 BOARD OF APPEALS
1059
1060 A. Authorization and Composition.
1061 1. The Town Chair exercising village powers under Wis. Stats. §60.10(2)(c),
1062 shall appoint under authority of Wis. Stats. §61.35 and §62.23, a Board of
1063 Appeals consisting of five (5) regular members and two (2) alternates, who
1064 shall vote only in the absence of regular members or when a member
1065 refuses to vote because of a conflict of interest. Members shall serve for
1066 terms of three years, except those first appointed shall serve staggered
1067 terms as follows: one member for one year, two members for two years
1068 and two members for three years.
1069 2. All appointments shall be subject to confirmation by the Town Board.
1070 3. The Town Chair shall designate one member as Chairperson.
1071 B. Procedural Rules.
1072 1. The Board of Appeals shall select its own vice chair and meet at the call of
1073 the chair, vice chair or at such other times as the Board of Appeals may
1074 determine, at a fixed time and place.
1075 2. All meetings of the Board of Appeals shall be open to the public, except as
1076 otherwise provided by Wisconsin law.
1077 3. The Board of Appeals shall keep minutes of its proceedings showing the
1078 vote of each member upon each question, or if absent or failing to vote,
1079 indicating such fact, and shall keep records of its examinations and other
1080 official actions, all of which shall be immediately filed in the office of the
1081 Zoning Administrator and the Town Clerk as a public record.
1082 4. In the case of all appeals, the Board of Appeals shall solicit and weigh
1083 information and comments from the Town Board, Plan Commission and
1084 Zoning Administrator.
1085 5. If a quorum is present, the Board of Appeals may take action by a majority
1086 vote of the members present.
1087 C. Powers. In addition to the powers enumerated in this Ordinance, the Board of
1088 Appeals shall have the following powers:
1089 1. Adopt such rules as it considers desirable for the conduct of business,
1090 subject to the provisions of this Section and relevant State Statutes.
1091 2. Hear and decide appeals where it is alleged there is an error in any order,
1092 requirement, decision or determination made by the Zoning Administrator,
1093 Town Board or other Town administrative official(s) in the enforcement or
1094 administration of this Ordinance.
1095 a. Town Board decision regarding a Land Use Permit shall be
1096 considered an administrative decision and appealable to the Board
1097 of Appeals.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1098 b. Town Board decision on a Conditional Use Permit application shall
1099 be considered legislative and not appealable to the Board of
1100 Appeals, but directly appealable to St. Croix County Circuit Court.
1101 c. All appeals to the Board of Appeals shall be governed by Article 2,
1102 Section 6(D) of this Ordinance.
1103 3. Grant variances subject to Article 2, Section 7.
1104 4. If, after hearing the evidence, the Board of Appeals makes a finding that
1105 there was an error, the Board of Appeals may order the error corrected.
1106 D. Procedures.
1107 1. Appeals from Actions of Administrative Officials.
1108 a. Appeals to the Board of Appeals may be taken by any person
1109 aggrieved or by the officer, department, board, commission or
1110 committee of the Town affected by the decision of the Zoning
1111 Administrator or the Town Board, with respect to its decision on a
1112 Land Use Permit application.
1113 b. Such appeal shall be taken within thirty (30) days, as provided by
1114 the rules of the Board of Appeals, by filing with the officer from
1115 whom the appeal is taken and with the Board of Appeals a notice of
1116 appeal specifying the grounds thereof.
1117 c. The officer from whom the appeal is taken shall immediately
1118 transmit to the Board of Appeals all the papers constituting the
1119 record upon which the action appealed from was taken.
1120 2. Stay Appeals from Administrative Actions.
1121 a. An appeal shall stay all legal proceedings in furtherance of the
1122 action appealed from, unless the officer from whom the appeal is
1123 taken certifies to the Board of Appeals, after notice of appeal shall
1124 have been filed with him/her, that by reason of facts stated in the
1125 certificate a stay would in his/her opinion, cause imminent peril to
1126 life and property.
1127 b. In such cases, proceedings shall not be stayed otherwise than by a
1128 restraining order from the Board of Appeals or a court of law.
1129 3. Hearing.
1130 a. Upon the filing with the Board of Appeals of an appeal from a
1131 decision of the Zoning Administrator or Town Board, an appeal
1132 from a determination on an application for a land use permit, or
1133 other matters within its powers as set forth above, the Board of
1134 Appeals shall hold a public hearing.
1135 b. The Board of Appeals shall fix a reasonable time for the hearing
1136 and publish a Class 2 notice under Wis. Stats. §985, as well as
1137 providing notice by mail to all the parties in interest, including
1138 adjacent landowners.
1139 c. When the matter concerns shoreland or floodplain regulations, the
1140 Board of Appeals shall submit to the St. Croix County Zoning
1141 Administrator, a copy of the notice and application for the proposed
1142 variance sufficiently in advance so that the County will receive at
1143 least ten (10) days notice of the hearing.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1144 d. At the hearing, any party may appear in person or by agent or
1145 attorney and present written and oral evidence for the record.
1146 4. Decision.
1147 a. The Board of Appeals shall make a decision based on such appeal
1148 within sixty (60) days following the public hearing on the matter.
1149 b. In passing upon an appeal the Board of Appeals may, so long as
1150 such action is in conformity with the provisions of this Ordinance,
1151 reverse or affirm, wholly or in part, or modify the order, requirement,
1152 decision or determination appealed from and it shall make its
1153 decision in writing setting forth the findings of fact and the reasons
1154 for its decision.
1155 c. A copy of all decisions granting variances affecting. any provision of
1156 the shoreland or floodplain regulations shall be forwarded to St.
1157 Croix County within ten (10) days of such action.
1158
1159 SECTION 7 VARIANCES
1160
1161 A. Authority. The Board of Appeals has the authority to grant variances from the
1162 strict terms of this Ordinance, where owing to special conditions, a literal
1163 enforcement of this Ordinance will result in practical difficulty or unnecessary
1164 hardship, so that the spirit of the ordinance shall be observed, public safety and
1165 welfare secured and substantial justice done.
1166 B. The granting of a variance shall not:
1167 1. Permit, extend or increase any use prohibited in the zoning district
1168 2. Be contrary to the public interest.
1169 3. Be granted for hardship based solely on an economic gain or loss.
1170 4. Be granted for a hardship which is self-created.
1171 5, Damage the rights or property values of other persons in the area.
1172 6. Allow actions without the appropriate amendments to this Ordinance or its
1173 associated map(s).
1174 7. Allow any alteration of a historic structure, including its use, which would
1175 preclude its continued designation as an historic structure. An historic
1176 structure is a structure listed on the national register of historic places in
1177 Wisconsin or the state register of historic places.
1178 8. Permit a lower degree of flood protection than the flood protection
1179 elevation (a point two (2) feet above the regional flood level) for the area
1180 or permit standards lower than those required by State law or St. Croix
1181 County ordinances.
1182 C. Conditions.
1183 1. In granting a variance, the Board of Appeals may prescribe appropriate
1184 conditions and safeguards which are in uniformity with the purposes of this
1185 Ordinance.
1186 2. Violations of such conditions and safeguards, when made part of the
1187 terms under which the variance is granted, shall be deemed a violation of
1188 this Ordinance.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1189 3. Variances granted shall expire twenty-four (24) months from the date of
1190 issuance, where no such activity has been taken to accomplish
1191 construction.
1192 D. Notice. At least ten (10) days prior to the public hearing, a notice of time, place
1193 and purpose of such public hearing shall also be sent to the applicant, the
1194 members of the Board of Appeals, and the owners of record of property in whole
1195 or part situated within one (1) mile measured in all directions of the boundaries of
1196 the applicant's properties . All costs associated with providing the required notice
1197 are to be paid for by the applicant(s).
1198
1199 SECTION 8 IMPACT STUDIES AND REPORTS
1200
1201 In the administration of this Ordinance, the various boards and commissions which are
1202 assigned decision-making responsibilities hereunder may need additional, possibly
1203 expert, information regarding the impact of the proposed use, rezoning, variance, etc.
1204 The Town may retain professional consultants to review the application materials
1205 submitted by an applicant, including but not limited to engineers, planners, attorneys,
1206 environmental specialists, and other consultants with skills relevant to the application.
1207 The applicant shall be responsible for all costs incurred by the Town in reviewing the
1208 application.
1209
1210 SECTION 9 AMENDMENTS
1211
1212 A. Whenever the public necessity, convenience, general welfare or good zoning
1213 practice requires, the Town may, by ordinance, change the district boundaries
1214 established by this Chapter and the Zoning Map incorporated herein, or amend,
1215 change or supplement the text of the regulations established by this Chapter or
1216 amendments thereto. Such change or amendment shall be subject to the review
1217 and approval of the Town Board.
1218 B. Initiation and Petitions for Amendments to the Zoning Ordinance.
1219 1. An amendment to the text of this Ordinance or to the zoning district
1220 boundaries and map(s) may be initiated by the Town Board or by a
1221 petition of one (1) or more owners of property within the area proposed to
1222 be changed.
1223 2. Petitions for any change to the district boundaries and map(s) or
1224 amendments to the text of this Ordinance shall be submitted on forms
1225 supplied by the Zoning Administrator, addressed to the Plan Commission
1226 and Town Board, and shall:
1227 a. Include a full description of the lot(s) or parcel (s) to be rezoned or
1228 the portions of the text of regulations to be amended;
1229 b. Specify the proposed use or change;
1230 c. List the reasons justifying the proposed amendment;
1231 d. List the names and mailing addresses of all owners or occupants of
1232 land within one (1) mile, measured in all directions, of any land
1233 whose district or use will be changed, if the petition for amendment
1234 were approved; and
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1235 e. Be accompanied by a fee to cover the cost of the hearing, and cost
1236 of reviewing the application.
1237 3. The Plan Commission shall hold a public hearing, after Class 2 public
1238 notice as required in Wis. Stat. §62.23(7)(d), and review all proposed
1239 amendments and shall recommend, in writing to the Town Board, that the
1240 petition be approved as requested, modified or denied.
1241 4. At least ten (10) days prior to the public hearing for petitions for change to
1242 the district boundaries and map, the Town shall send a notice of time,
1243 place and purpose of such public hearing to all owners of record property
1244 within one mile of applicant's property in all directions. All costs
1245 associated with providing the required notice are to be paid for by the
1246 applicant.
1247 5. The Town Board shall then review the recommendation of the Plan
1248 Commission and make its determination.
1249 6. Any amendment shall be consistent with the Town's Comprehensive Plan,
1250 or any amendment thereto as provided in Wis. Stat. Section 66.1001.
1251 7. Any amendment to the Town Zoning Ordinance shall be subject to County
1252 Board approval, as provided by Wisconsin Statutes.
1253 C. Protest.
1254 1. In the event of a protest against amendment to the zoning ordinance
1255 pursuant to Wis. Stat. 62.23(7)(d)(2m), duly signed and acknowledged by
1256 the owners of twenty percent (20%0) or more, either of the areas of the
1257 land included in such proposed change, or by the owners of twenty
1258 percent (20%) or more of the land immediately adjacent extending one
1259 hundred (100) feet therefrom, or by owners of twenty percent (20%) or
1260 more of the land directly opposite thereto extending one hundred (100)
1261 feet from the street frontage of such opposite land, such changes or
1262 amendments shall not become effective except by the favorable vote of
1263 three-fourths (3/4) of the Town Board members voting on the matter.
1264
1265 SECTION 10 VIOLATIONS AND PENALTIES
1266
1267 A. Violations. No person shall fail to comply with any standard of this Ordinance or
1268 with any condition or qualification placed upon the issuance of a permit, approval
1269 or variance granted in due course of this Ordinance.
1270 B. Remedial Action.
1271 1. The Zoning Administrator is responsible for inspecting and investigating
1272 compliance of land use activities in compliance with this Ordinance.
1273 2. If upon such inspection or investigation the Zoning Administrator becomes
1274 aware of a condition, which he/she concludes is or is likely to become a
1275 violation, the parties in violation shall be notified and informed in writing of
1276 the appropriate action required to comply with this Ordinance and the time
1277 frame, not to exceed 30 days, within which to comply.
1278 3. Whenever an order of the Zoning Administrator has not been complied
1279 with the Town Board may institute appropriate legal action or proceedings
1280 to enforce the ordinance, including imposition of fines, injunctive or other
October 11, 2013 DRAFT Page 28
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1281 equitable relief, and all remedies available to the Town under Wisconsin
1282 law.
1283 C. Penalties.
1284 1. Where a conditional use or a variance has been approved subject to
1285 specified conditions and where such conditions are not complied with, the
1286 Town Board, Plan Commission or the Board of Appeals, as applicable,
1287 shall conduct a hearing similar to those followed in considering the
1288 granting of a conditional use or variance.
1289 2. Finding of non-compliance with the conditions originally imposed shall be
1290 grounds for revocation of the conditional use permit.
1291 3. The Town Board may, upon the recommendation of the Plan Commission
1292 or Board of Appeals, order an assessor's plat pursuant to Wis. Stats.
1293 §70.27, whenever the conditions specified in that Ordinance are found to
1294 be present.
1295 4. The Zoning Administrator, Plan Commission, Town Board, or Board of
1296 Appeals may require creation and recording of correction instruments
1297 correcting errors in distances, angles, directions, bearings, chords, block
1298 or lot numbers, street names or other details of a recorded map or plat at
1299 the expense of the subdivider or affected property owners.
1300 5. No provision of this Ordinance shall be construed to bar action to enjoin or
1301 abate the use or occupancy of any land or structure as a nuisance under
1302 the laws of Wisconsin.
1303 6. The owner of any building, structure, lot or parcel of property, or any
1304 portion thereof, where any condition in violation of this ordinance exists or
1305 shall be created, and who has failed to bring the property into compliance
1306 with the ordinance, shall be subject to forfeitures for each violation of the
1307 ordinance in the amount no less than $50.00 and no more than $1,500.00.
1308 Each day each violation exists shall be considered a separate offence and
1309 shall be subject to the forfeiture provided herein.
1310
1311 ARTICLE 3 ZONING DISTRICTS
1312
1313 SECTION 1 INTRODUCTION
1314
1315 A. This Article contains the general zoning provisions and indicates what uses may
1316 be made of property, the permissible lot size, height of buildings and dimensions
1317 of required yards and open space.
1318 B. The Town is divided into six (6) zoning districts; each with its own set of
1319 regulations.
1320 C. The locations of the zoning districts are shown on the official Town of Forest
1321 Zoning Map available at the Town Hall.
1322 D. Within most districts there are established "permitted uses" and "conditional
1323 uses."
1324 1. Permitted uses are those which are allowed in that district provided that
1325 the property owner obtains a land use permit by showing that the
October 11, 2013 DRAFT Page 29
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1326 proposed use is listed as a permitted use and complies with all applicable
1327 regulations.
1328 2. Conditional uses are those that are allowed only after the Plan
1329 Commission reviews the proposed use and holds a public hearing and the
1330 Town Board decides whether to approve, based on certain conditions
1331 being met and compliance with the regulations contained in this
1332 Ordinance.
1333 E. The fact that a use is shown as a permitted use does not always mean that
1334 project may proceed. The St. Croix County Animal Waste Management,
1335 Shoreland, Sanitary, Floodplain, Riverway, Subdivision Ordinances, and other
1336 Articles of this Ordinance may result in a permitted use not being allowed to
1337 proceed, depending on the manner in which those provisions apply to the
1338 property in question.
1339
1340 SECTION 2 ZONING DISTRICTS
1341
1342 For the purposes of this Ordinance, the Town of Forest is hereby divided into the
1343 following six (6) zoning districts:
1344 A. Residential
1345 B. Agricultural
1346 C. Agricultural-Residential
1347 D. Commercial
1348 E. Conservancy
1349 F. Mineral Extraction
1350
1351 SECTION 3 DISTRICT BOUNDARIES
1352
1353 A. The district boundaries contained in Article 3, Section 2 are shown on the official
1354 Town of Forest Zoning Map available for review at the Town Hall.
1355 B. Whenever possible, the boundaries shall be construed to follow U.S. Public Land
1356 Survey lines; lot or property lines; or centerlines of streets, highways, easements,
1357 and railroad right-of-way.
1358 C. No building shall be erected or premises used for any purpose unless in
1359 compliance with the provisions established for the district in which the building or
1360 premises are located.
1361
1362 SECTION 4 RESIDENTIAL DISTRICT
1363
1364 The Residential District is created to establish and protect the essential characteristics
1365 of areas within which predominantly residential and small-scale agricultural use should
1366 occur, along with certain community and recreational uses to serve the residents of the
1367 district.
1368 A. Permitted Uses. The following uses of land are permitted in the Residential
1369 District:
1370 1. Accessory buildings, in compliance with Article 5, Section 2.
1371 2. Cemeteries.
October 11, 2013 DRAFT Page 30
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1372 3. Churches.
1373 4. Gardening and nurseries for propagation of plants and trees only.
1374 5. Minor home occupations, in compliance with Article 5, Section 7.
1375 6. Public parks and playgrounds, including swimming pools, golf courses,
1376 tennis courts and picnic grounds. Such uses shall contain sufficient yard
1377 area to provide a buffer space and adequate parking facilities according to
1378 the following guidelines:
1379 a. No yard shall be less than twenty-five (25) feet, except that no yard
1380 need be provided adjacent to the fairways and greens of golf
1381 courses.
1382 b. Each yard shall be increased for the following:
1383 i. Swimming pools larger than forty (40) feet by sixty (60) feet,
1384 one (1) foot additional yard for each two (2) feet of width or
1385 length of the pool in the direction of the additional width or
1386 length.
1387 ii. Picnic grounds having seating arrangements for more than
1388 forty (40) persons, ten (10) feet of additional width on every
1389 yard for each additional ten (10) persons or fraction thereof
1390 which such picnic ground is designated for or equipped to
1391 accommodate.
1392 c. Any such yard which abuts on a public street or highway may be
1393 reduced by half (.5) the width of such a street or highway, but in no
1394 case to less than fifteen (15) feet.
1395 d. Each yard shall be left in its natural condition and the natural
1396 vegetation of the area, including grasses, flowers, shrubs and trees,
1397 except no noxious plants, trees, or weeds shall be allowed to grow
1398 and develop, or other vegetation of equivalent density shall be
1399 planted therein, so as to provide a natural screen between the park
1400 or playground and the neighboring residential areas, and so that
1401 such yards be, so far as possible, unused and unusable for the
1402 general purposes of such parks and playgrounds.
1403 e. The above regulations shall be mandatory as applied to any park or
1404 playground established by the Town of Forest.
1405 7. Public and private schools.
1406 8. Single-family dwellings.
1407 9. Swimming pools, above or below ground, with proper fencing.
1408 10. Telephone and power distribution poles, lines and necessary
1409 appurtenance equipment and structures, such as transformers, unit
1410 substations and related equipment housing, but no service garage or
1411 storage yards.
1412 11. Trails, motorized and non-motorized.
1413 B. Conditional uses. The following uses may be allowed as a conditional use in the
1414 Residential District pursuant to the procedures and standards in Article 2, Section
1415 5 and other applicable standards in this Ordinance.
1416 1. Bed and breakfast or boarding house.
1417 2. Major home occupations, in compliance with Article 5, Section 7.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1418 3. Microwave relay structures, electric power transformers.
1419 4. Multiple-family dwellings of two (2) or more units, provided that:
1420 a. They are located adjacent to, and are connected to the existing or
1421 improved Forest Public Sewer System.
1422 b. An additional three thousand (3,000) square feet of minimum lot
1423 area shall be required for each dwelling unit in excess of two (2).
1424 c. Conditions listed in Article 3, Section (B)(2)(a),(b) and (c).
1425 d. Adequate utilities, access roads, drainage and other necessary site
1426 improvements have been provided.
1427 e. The Town Board may require a bond or other security to assure
1428 completion of agreed improvements.
1429 5. Two-family dwellings.
1430 6. Wells, water storage tanks and water distribution systems for central water
1431 systems, and central septic servicing more than one (1) property.
1432 C. Lot Area. Buildings or other parts of buildings hereafter erected or structurally
1433 altered for single or two-family dwelling purposes shall provide the following lot
1434 area:
1435 1. Forest Sanitary District:
1436 a. Minimum thirty thousand (30,000) square feet.
1437 b. Maximum one (1) acre.
1438 2. Unsewered Lots: Minimum one (1) acre.
1439 3. The proportion of depth in relation to width shall comply with the Town of
1440 Forest Subdivision Ordinance.
1441 D. Height.
1442 1. No building shall be more than two and one-half (2.5) stories or thirty-five
1443 (35) feet in height, whichever is greater, with height measurements
1444 commencing at the grade level of the highest existing topography.
1445 2. Residential buildings may be increased in height by not more than ten (10)
1446 feet or one (1) story when all yards and other required open spaces are
1447 increased by one (1) foot for each foot in height by which such building
1448 exceeds the normal height limit of the district.
1449 E. Yards.
1450 1. Front yard/Highway setback. The provisions of Article 4, Section 6 shall
1451 apply, including corner lots.
1452 2. Side Yard.
1453 a. There shall be a side yard on each side of the building.
1454 b. The aggregate width of the side yards for the principal building shall
1455 not be less than twenty-five (25) feet and no single side yard shall
1456 be less than ten (10) feet wide.
1457 c. The minimum permitted side yard for an accessory building in a
1458 residence district shall be five (5) feet, provided it is detached from
1459 the principal building. When an accessory building is attached or
1460 connected to the principal building they shall be considered to be
1461 as one and the conditions in (a) above shall apply.
1462 d. For lots less than eighty (80) feet wide and of record as such at the
1463 date of the passage of this Chapter, the aggregate width of the side
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1464 yards shall be equivalent to three (3) inches for each foot of the lot
1465 width and no single side yard shall be less than forty (40%) percent
1466 of the aggregate width. The buildable width of any lot shall not be
1467 reduced to less than twenty-four (24) feet.
1468 3. Rear Yard.
1469 a. There shall be a rear yard of the principal building not less than
1470 twenty-five (25) feet in depth.
1471 b. Accessory buildings shall be provided with minimum rear yard of
1472 not less than five (5) feet.
1473
1474 SECTION 5 AGRICULTURAL DISTRICT
1475
1476 The Agricultural District is created to establish and protect areas within which
1477 agricultural uses may exist and prosper free from future intrusion from future high
1478 density residential development and other urban land uses. It is intended to avoid the
1479 operational conflicts which occur when farm and non-farm residential uses become
1480 interspersed and to reduce the adverse pressures upon farm livelihood.
1481 A. Permitted Uses. The following uses are permitted in the Agricultural District:
1482 1. Accessory buildings, including, but not limited to, grain bins/dryers, silos,
1483 and barns in compliance with Article 5, Section 2.
1484 2. Agricultural uses including beekeeping; egg production; floriculture; fish or
1485 fur farming; forest management; grazing; orchards; poultry raising; raising
1486 of grain, grass, mint and seed crops; raising of trees, fruits, nuts and
1487 berries; sod farming; placing land in federal programs in return for
1488 payments in kind or money; vegetable raising; and wholesale plant
1489 greenhouses and nurseries.
1490 3. Dairying and livestock facilities with fewer than five hundred (500) animal
1491 units, together with associated livestock structures, in compliance with the
1492 following standards:
1493 a. Article 5, Section 4 of this Ordinance.
1494 b. Wisconsin Administrative Code Chapter ATCP 51, Livestock
1495 Facility Siting.
1496 c. Wisconsin Administrative Code Chapter NR 243, Animal Feeding
1497 Operations.
1498 d. Wisconsin Administrative Code Chapter NR 151, Runoff
1499 Management.
1500 e. Natural Resources Conservation Service (NRCS) Conservation
1501 Practice Standard Code 590, Nutrient Management.
1502 f. St. Croix County Code of Ordinances Chapter 11, Animal Waste
1503 Storage Facilities.
1504 4. Minor home occupations, in compliance with Article 5, Section 7.
1505 5. Single-family dwellings.
1506 6. Operations where horses, bison, farm-raised deer, or camelids are owned,
1507 boarded, bred or offered for sale on at least five (5) acres, where no more
1508 than one animals unit may be kept for each acre available for grazing,
1509 feed production and waste disposal up to two hundred (200) animals and
October 11, 2013 DRAFT Page 33
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1510 provided that any building used to house, feed, confine or show animals,
1511 store feed, or collect or store waste generated shall not be located within
1512 one hundred (100) feet of any property boundary line of a residential lot
1513 other than that of the owner or lessee of such building containing such
1514 animals.
1515 7. Roadside stands, selling only produce grown on the parcel and operated
1516 by the family only with signs advertising only products produced on the
1517 farm.
1518 8. Swimming pools, above or below ground, with proper fencing.
1519 9. Telephone and power distribution poles, lines and necessary
1520 appurtenance equipment and structures, such as transformers, unit
1521 substations and related equipment storage buildings, but not outdoor
1522 storage yards.
1523 B. Conditional Uses. The following uses may be allowed as a conditional use in the
1524 Agricultural District pursuant to the procedures and standards in Article 2,
1525 Section 5 and other applicable standards in this Ordinance.
1526 1. Agricultural supply businesses and warehouses such as farm machinery
1527 dealers and seed, fertilizer and chemical dealers, and industries which
1528 process agricultural products largely produced on nearby farms, provided
1529 that no buildings shall be located within one hundred (100) feet of any
1530 property boundary line of a residential lot other than that of the owner or
1531 lessee of such building containing such uses.
1532 2. Cemeteries.
1533 3. Churches.
1534 4. Commercial kennels, in compliance with Article 5, Section 5.
1535 5. Communication, or similar towers, shall be in compliance with applicable
1536 state laws and town and county ordinances.
1537 6. Dairying and livestock facilities with greater than five hundred (500) animal
1538 units, together with associated livestock structures, in compliance with the
1539 following standards:
1540 a. Article 5, Section 4 of this Ordinance.
1541 b. Wisconsin Administrative Code Chapter ATCP 51, Livestock
1542 Facility Siting.
1543 c. Wisconsin Administrative Code Chapter NR 243, Animal Feeding
1544 Operations.
1545 d. Wisconsin Administrative Code Chapter NR 151, Runoff
1546 Management.
1547 e. Natural Resources Conservation Service (MRCS) Conservation
1548 Practice Standard Code 590, Nutrient Management.
1549 f. St. Croix County Code of Ordinances Chapter 11, Animal Waste
1550 Storage Facilities.
1551 7. Electrical generating facilities designed for nominal operation at capacity
1552 of less than 750 kilowatts, telephone, power transmission lines, poles and
1553 lines, including transformers, substations, relay stations, equipment
1554 housings and other similar necessary appurtenant facilities; natural gas
1555 substations; radio and television stations and transmission towers and
October 11, 2013 DRAFT Page 34
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1556 microwave radio relay towers; methane digesters, provided that such
1557 facilities are found to be necessary and to be located so as to avoid
1558 unreasonable interference with other uses permitted or existing in the
1559 district, and in compliance with all applicable Town ordinances and other
1560 conditions placed on the conditional use permit.
1561 8. Governmental uses, such as police and fire stations, town halls, libraries,
1562 highway storage garages, solid waste disposal and sewage treatment
1563 plants, schools, public parks and campgrounds, public recreational use,
1564 airports and landing strips.
1565 9. Hot mix plants and non-metallic mineral extraction operations, under one
1566 (1) acre, engaged in public highway-related projects provided that such
1567 operations are of a temporary nature not exceeding one hundred twenty
1568 (120) days of operation.
1569 10. Junkyard/salvage yard, contractor's storage yard, recycling center, in
1570 compliance with Article 5, Section 8.
1571 11. Licensed game management farms, as set forth in Wis. Stats. §29.
1572 12. Limited commercial recreational activities which are found to be
1573 subordinate to the primary agricultural use of the property, which are
1574 compatible with the agricultural use on that and surrounding properties,
1575 and which are not likely to attract other related uses.
1576 13. Major home occupations, in compliance with Article 5, Section 7.
1577 14. Public stables, including offering horses for hire to the general public for
1578 the purposes of riding, driving and/or hay or sleigh ride either with or
1579 without guides or supervision.
1580 15. Private stables, including private training, boarding, breeding and/or
1581 equitation farms, stables and tack shops operated in conjunction with
1582 private stables.
1583 16. Sawmills, provided that no buildings shall be located within five hundred
1584 (500) feet of any property boundary line of a residential lot other than that
1585 of the owner or lessee of such building containing such uses.
1586 17. Slaughterhouses, provided that no buildings shall be located within two
1587 hundred (200) feet of any boundary of a residential lot other than that of
1588 the owner or lessee of such building containing such uses.
1589 18. Sport shooting ranges, in compliance with Wis. Stats. §895.527, provided
1590 that firearm discharge areas and accessory buildings shall not be located
1591 within one thousand (1,000) feet of any boundary of a parcel used for
1592 residential purposes other than that of the owner or lessee or such
1593 building or use.
1594 C. Lot Area.
1595 1. Minimum two and a half acres (2.5) acres.
1596 2. Maximum five (5) acres for a residential lot, as defined in Article 1, Section
1597 9(B)(67) of this Ordinance, created in compliance with the Town of Forest
1598 Subdivision Ordinance. There is no maximum for non-residential lots.
1599 3. The proportion of depth to width for such a lot shall comply with the Town
1600 of Forest Subdivision Ordinance.
October 11, 2013 DRAFT Page 35
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1601 D. Maximum Residential Density: Four (4) dwelling units per forty (40) acres, in
1602 compliance with Article 4, Section 10 of this Ordinance.
1603 E. Height. The provisions of Article 3, Section 4(D) of this Ordinance shall apply to
1604 all buildings for human habitation.
1605 F. Yards.
1606 1. Front yard/Highway setbacks. The provisions of Article 4, Section 6 of this
1607 Ordinance shall apply, including corner lots.
1608 2. Side Yard. There shall be a side yard on each side of any building,
1609 structure or improvement not less than twenty-five (25) feet.
1610 3. Rear Yard. There shall be a rear yard of not less than twenty-five (25) feet
1611 in depth from any building, structure or improvement.
1612 4. Animal housing structures and animal waste storage structures must
1613 comply with the provisions of Article 5, Section 4 of this Ordinance.
1614
1615 SECTION 6 AGRICULTURAL-RESIDENTIAL DISTRICT
1616
1617 The Agricultural-Residential District is created to establish areas in which agricultural
1618 uses, limited commercial, institutional, and residential uses may be located. This district
1619 is intended to include areas in which exclusivity of agriculture use on an area-wide basis
1620 is not warranted because of such factors as the existence of mixed uses prior to the
1621 date this district was established and located, demonstrated or expected ability of farm
1622 and selected non-farm uses to exist in close proximity without undue conflict or a
1623 determination that the area is in a state of transition to urban-residential character.
1624 A. Permitted Uses. The following uses are permitted in the Agricultural-Residential
1625 District: Any permitted use in the Agricultural District.
1626 B. Conditional Uses. The following uses may be allowed as a conditional use in the
1627 Agricultural-Residential District pursuant to the procedures and standards in
1628 Article 2, Section 5 and other applicable standards in this Ordinance.
1629 1. Agricultural supply businesses and warehouses, as in Article 3, Section
1630 5(B)(1).
1631 2. Bed and breakfast or boarding house.
1632 3. Cemeteries.
1633 4. Churches.
1634 5. Commercial kennels, in compliance with Article 5, Section 5.
1635 6. Governmental uses, as in Article 3, Section 5 (B)(8). .
1636 7. Hot mix plants, as in Article 3, Section 5(B)(9).
1637 8. Junkyard/salvage yard, contractor's storage yard, recycling center, in
1638 compliance with Article 5, Section 8.
1639 9. Licensed game management, as in Article 3, Section 5(B)(11).
1640 10. Limited commercial recreational activities, as in Article 3, Section 5(B)(12).
1641 11. Major home occupations, in compliance with Article 5, Section 7.
1642 12. Mobile home parks, in compliance with Article 5, Section 10.
1643 13. Public parks and playgrounds, including swimming pools, golf courses,
1644 tennis courts and picnic grounds, as in Article 3, Section 4(A)(6).
1645 14. Public and private schools.
1646 15. Public stables, as in Article3, Section 5(B)(15).
October 11, 2013 DRAFT Page 36
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1647 16. Private stables, as in Article 3, Section 5(B)(16).
1648 17. Two-family dwellings.
1649 18. Wells, water storage tanks and water distribution systems for central water
1650 systems, and central septic systems servicing more than one property.
1651 C. Lot Area.
1652 1. Minimum five (5) acres.
1653 2. The proportion of depth to width for such a lot shall be in compliance with
1654 the Town of Forest Subdivision Ordinance.
1655 D. Maximum Residential Density: Eight (8) dwelling units per (forty) 40 acres, in
1656 compliance with Article 4, Section 10 of this Ordinance.
1657 E. Height. The provisions of Article 3, Section 4(D) of this Ordinance shall apply to
1658 all buildings for human habitation.
1659 F. Yards.
1660 1. Front yard/Highway setbacks. The provisions of Article 4, Section 6 shall
1661 apply.
1662 2. Side Yard. The provisions of Article 3, Section 5(F)(2) shall apply.
1663 3. Rear Yard. The provision of Article 3, Section 5(F)(3) shall apply.
1664 4. Animal housing structures and animal waste storage structures must
1665 comply with the provisions of Article 5, Section 4.
1666
1667 SECTION 7 COMMERCIAL DISTRICT
1668
1669 The Commercial District is created to establish and protect locations in which a variety
1670 of compatible commercial uses can be located. Within this district, residential and
1671 industrial development are not permitted in the interest of furthering the livelihood of the
1672 permitted commercial uses and protecting uses from the effects of incompatibility. In
1673 creating this commercial zoning classification, it is the intent that the Hamlet of Forest or
1674 the area along State Highway 64, as shown on the Future Land Use Map in the Town's
1675 Comprehensive Plan dated December 2009, are the appropriate areas for locating
1676 future higher intensity commercial uses in the Town, subject to completion of rezoning
1677 or other required procedures.
1678 A. Permitted Uses. The following uses are permitted in the Commercial District:
1679 1. Agricultural supply businesses, including service.
1680 2. Automotive and recreational vehicle sales and accessory stores, including
1681 service, tires, and automotive parts.
1682 3. Bakeries.
1683 4. Banks and financial institutions.
1684 5. Barber, hair salon or beauty shops.
1685 6. Business and professional offices and clinics.
1686 7. Cabinet/fixture assembly shop with retail showroom.
1687 8. Clothing and dry good stores.
1688 9. Drug stores and pharmacies.
1689 10. Electrical, household appliance, radio, television and computer sales and
1690 service.
1691 11. Equipment rental.
1692 12. Gift, variety stores and antique shops.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1693 13. Greenhouse, when primary use is the direct selling of retail goods and
1694 items to the public.
1695 14. Grocery stores, supermarkets, and other food product stores.
1696 15. Hardware, home improvement, and paint stores.
1697 16. Health and athletic clubs.
1698 17. Liquor stores, off-sale only.
1699 18. Mini-storage/self-storage facilities in compliance with Article 5, Section 9.
1700 19. Mortuaries and funeral homes.
1701 20. Non-residential childcare facility.
1702 21. Office equipment and office supply stores.
1703 22. Private clubs and fraternities.
1704 23. Restaurants, including drive-in food service, and drinking establishments.
1705 24. Service stations.
1706 25. Sporting goods and athletic shops.
1707 26. Storage in connection with any of the permitted uses, when clearly
1708 incidental to the conduct of the retail business on the premises.
1709 27. Telephone and power distribution poles, lines and necessary
1710 appurtenance equipment and structures, such as transformers, unit
1711 substations and related equipment storage buildings, but not outdoor
1712 storage yards.
1713 28. Veterinary clinics.
1714 B. Conditional Uses. The following uses may be allowed as a conditional use in the
1715 Commercial District pursuant to the procedures and standards in Article 2,
1716 Section 5 and other applicable standards in this Ordinance.
1717 1. Accessory buildings, in compliance with Article 5, Section 2.
1718 2. Permitted uses with aggregate structure area over fifteen thousand
1719 (15,000) square feet.
1720 3. Uses not listed. Any other commercial use in the Commercial District not
1721 listed as a permitted use.
1722 a. A use not specifically identified as a permitted use or a conditional
1723 use may still be permitted as a conditional use if sufficiently similar
1724 in nature and impact to a permitted use or a conditional use.
1725 b. An applicant shall submit all proofs or verification they he/she
1726 believes shows that the proposed use is similar to another
1727 permitted use or conditional use and could be allowed.
1728 c. The Zoning Administrator shall initially determine if the proposed
1729 use is similar to another permitted use or conditional use in the
1730 Commercial District and could be allowed. The Plan Commission
1731 will review the request and recommend action to the Town Board.
1732 d. If the Town Board determines that the proposed use could be
1733 allowed, an application for a conditional use permit shall be
1734 submitted by the applicant to the Plan Commission for review and
1735 recommendation.
1736 e. If the Town Board determines that the proposed use should not be
1737 allowed, then the proposed use shall be denied and the applicant
1738 notified in writing.
October 11, 2013 DRAFT Page 38
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1739 f. Uses regulated by the State of Wisconsin and exempt from local
1740 control, are permitted subject to state regulations.
1741 C. General Standards. The following standards shall apply to all permitted and
1742 conditional uses in the Commercial District:
1743 1. Minimum road right-of-way shall be sixty-six (66) feet unless the right-of-
1744 way pre-exists adoption of this Chapter. In this case, the Town Board, in
1745 its discretion, may authorize a reduced minimum right-of-way based on
1746 the criteria listed in (12) below.
1747 2. Minimum pavement width shall be twenty-four (24) feet.
1748 3. Minimum turn radiuses shall be sufficient to handle the size of vehicles
1749 likely to use the site.
1750 4. All utilities, including electric, cable television, telephone, gas, water and
1751 storm and sanitary sewers, except electrical power lines exceeding 1,200
1752 volts, shall be underground.
1753 5. Waterfront setback lines shall be governed by the provisions of the St.
1754 Croix County Shoreland Zoning Ordinance.
1755 6. Sanitary restrictions shall be regulated pursuant to the St. Croix County
1756 Sanitary Ordinance.
1757 7. Specification of plantings and landscape area.
1758 a. Every effort should be made to protect and retain existing trees,
1759 shrubbery and grasses not located in rights-of-ways, drainage
1760 ways, vision triangles, and the like.
1761 b. Plantings shall be required in road setback areas and will be
1762 reviewed by the Town and County or State, depending on the
1763 roadway jurisdiction, to insure appropriate visibility.
1764 c. A minimum of at least fifteen (15%) percent of the area within the
1765 property lines of each lot shall be devoted to landscape purposes.
1766 8. Any commercial lot that abuts or is across from a residential area shall
1767 have perimeter landscape screening that will substantially screen parking
1768 areas and headlights from vehicles.
1769 9. All lighting must be the minimal amount needed for safety and security
1770 and downward directed and shielded away from neighboring properties to
1771 prevent glare.
1772 _10. The Town Board may require cross easements where commercial lots are
1773 adjacent to allow linking of parking areas.
1774 11. Road standards for commercial development may be increased by the
1775 Town Board. An increase of these standards will be based on relevant
1776 information such as Town plans, driveway widths, speed limit, number and
1777 types of vehicles using the road, parking availability, sound engineering
1778 judgment, and any other pertinent information.
1779 12. Wastewater and water systems shall be sufficient to service the proposed
1780 uses.
1781 13. Site plans and facility plans shall be submitted to the Zoning Administrator.
1782 D. Lot Area. Minimum one (1) acre.
1783 E. Lot Frontage. Minimum one hundred and fifty (150) feet.
October 11, 2013 DRAFT Page 39
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1784 F. Height. No building shall be more than two and one-half (2.5) stories or thirty-five
1785 (35) feet in height, whichever is greater, with height measurements commencing
1786 at the grade level of the highest existing topography.
1787 G. Yards.
1788 1. Front yard/Highway setback. The provisions of Article 4, Section 6 shall
1789 apply.
1790 2. Side yard.
1791 a. Minimum of twenty (25) feet.
1792 b. The side yard setback for a main building on a commercial lot that
1793 abuts a residential property shall be fifty (50) feet.
1794 c. The minimum permitted side yard for an accessory building shall be
1795 ten (10) feet, provided it is detached from the main building.
1796 d. The side yard for an accessory building on a commercial lot that
1797 abuts a residential property shall be twenty (20) feet.
1798 e. When an accessory building is attached or connected to the main
1799 building, they shall be considered to be as one and the conditions
1800 in par. (a) above shall apply.
1801 f. A detached accessory building shall be separated from other
1802 buildings by a minimum of ten (10) feet, measured from the edge of
1803 roof overhang.
1804 3. Rear yard.
1805 a. Minimum of twenty (25) feet.
1806 b. The rear yard for a main building on a commercial lot that abuts a
1807 residential property shall be fifty (50) feet.
1808 c. The minimum permitted rear yard for an accessory building shall be
1809 ten (10) feet, provided it is detached from the main building.
1810 d. The side yard for an accessory building on a commercial lot that
1811 abuts a residential property shall be twenty (20) feet.
1812 e. When an accessory building is attached or connected to the main
1813 building, they shall be considered as one and the conditions in 3(a)
1814 above shall apply.
1815 f. A detached accessory building shall be separated from other
1816 buildings by a minimum of ten (10) feet, measured from the edge of
1817 roof overhang.
1818
1819 SECTION 8 CONSERVANCY DISTRICT
1820
1821 The Conservancy District is created to protect and preserve the natural state of certain
1822 areas such as low land swamps, marshes, wetlands, stream beds, slopes, bluffs,
1823 wooded areas, water areas and other areas of aesthetic value for the benefit of this and
1824 future generations. The regulations are intended not only to preserve and protect open
1825 space and water areas consistent with the intent and purpose of this Ordinance, but
1826 also to protect the Town from costs and consequences which may be incurred when
1827 unsuitable development occurs in such areas. In this district, no building shall hereafter
1828 be erected, moved or structurally altered except to be used in conjunction with permitted
1829 uses.
October 11, 2013 DRAFT Page 40
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1830 A. Permitted Uses. The following uses are permitted in the Conservancy District.
1831 1. Forest management.
1832 2. Forest reserves, wilderness and wildlife preservation areas.
1833 3. Grazing.
1834 4. Harvesting of any wild crops such as marsh hay, ferns, wild rice, berries,
1835 tree fruits and tree seeds.
1836 5. Hiking trails or bridal paths.
1837 6. Hunting, fishing, and trapping.
1838 7. Public and private parks, picnic areas and similar uses, as in Section -
1839 4(A)(7) of this Article.
1840 8. Soil and water conservation practices and stream bank protection,
1841 provided that such uses do not involve structures, fill, soil or peat removal,
1842 or disruption of the natural flow of any water course or altering the natural
1843 topography.
1844 B. Conditional uses. The following uses may be allowed as a conditional use in the
1845 Conservancy District pursuant to the procedures and standards in Article 2,
1846 Section 5 and any other applicable standards in this Ordinance.
1847 1. Accessory uses, such as non-habitable park and recreation shelters,
1848 buildings used solely in conjunction with the raising of waterfowl, minnows
1849 and other similar animals, fowl or fish, and structures used by public or
1850 semi-public agencies or groups for research in or the rehabilitation of
1851 natural resources.
1852 2. Fish hatcheries, raising of minnows, waterfowl and other similar animals,
1853 fowl or fish.
1854 3. Licensed game management, asset forth in Wis. Stats. Ch. 29.
1855 4. Piers, docks, boathouses.
1856 5. Ponds.
1857 6. Public and private campgrounds and accessory buildings.
1858 7. Removal of top soil or peat.
1859 8. Sport shooting ranges, in compliance with Wis. Stats. §895.527, as in
1860 Section 5(B)(19) of this Article.
1861 9. Structures and fill accessory to permitted principal uses.
1862 10. Telephone and power transmission lines.
1863 C. Lot area. Minimum one (1) acre.
1864 D. Height. No building shall be more than two and one-half (2.5) stories or thirty-five
1865 (35) feet in height, whichever is greater, with height measurements commencing
1866 at the grade level of the highest existing topography.
1867 E. Yards. Any use involving a structure shall provide front and rear yards of at least
1868 fifty (50) feet in depth and side yards of at least fifty (50) feet in width each.
1869 F. Other requirements.
1870 1. Highway setback lines shall be in conformance with Article 4, Section 6.
1871 2. Waterfront setback lines shall be governed by the provisions of the St.
1872 Croix County Shoreland Zoning Ordinance.
1873 3. Sanitary restrictions shall be regulated pursuant to the St. Croix County
1874 Sanitary Ordinance.
1875
October 11, 2013 DRAFT Page 41
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1876 SECTION 9 MINERAL EXTRACTION DISTRICT
1877
1878 The Mineral Extraction District is created to provide for orderly, economic and safe
1879 removal and processing of mineral aggregates, to protect mineral extraction operations
1880 against problems caused by intrusion of incompatible land uses, and to allow for
1881 protection of mineral deposits.
1882 A. Permitted uses. The following uses are permitted in the Mineral Extraction
1883 District:
1884 1. Limited, short-term mineral extractions which:
1885 a. Will be commenced and completed within a one (1) year period
1886 from the date of land use and non-metallic mineral extraction
1887 permits being issued.
1888 b. Disturb less than one (1) acre on a parcel over the life of the
1889 operation.
1890 c. Does not include any blasting or drilling.
1891 2. Non-structural agricultural uses to include, but not limited to, forestry,
1892 grazing and crop production.
1893 3. Pre-existing mineral extraction operations involving the excavation,
1894 removal and/or processing of minerals which were in active use and
1895 having a reclamation plan on file prior to the effective date of this
1896 Ordinance.
1897 4. Telephone and power distribution poles, lines and necessary
1898 appurtenance equipment and structures, such as transformers, unit
1899 substations and related equipment storage buildings.
1900 B. Conditional uses. The following uses may be allowed as a conditional use in the
1901 Mineral Extraction District pursuant to the procedures and standards in Article 2,
1902 Section 5 and other applicable standards in this Ordinance and other applicable
1903 Town or County ordinances.
1904 1. Non-metallic mineral extraction operations, not otherwise exempted in (C)
1905 below.
1906 2. Metallic mineral extraction operation.
1907 C. Exempt Activities. The following activities are exempt from the permits required
1908 by this Ordinance; provisions of the St. Croix County Shoreland Zoning
1909 Ordinance may apply.
1910 1. Excavations or grading by a person solely for domestic use at his/her
1911 residence or farm where no sale of the excavated material takes place.
1912 2. Excavation or grading conducted for highway construction purposes within
1913 the highway or railroad right-of-way, excavation or grading done within the
1914 boundary of an airport or other transportation or other transportation
1915 facility or for highway safety in or adjacent to the visions clearance
1916 triangle.
1917 3. Non-metallic mineral extraction operation for Town, County or State
1918 highway construction with limited purpose and duration.
1919 a. The duration of the exemption shall be specific to the length of the
1920 construction project.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1921 b. Such sites may also provide material for non-transportation projects
1922 during the construction project.
1923 c. The site is fully reclaimed.
1924 4. Preparing a construction site for a project which has been issued a
1925 building and land use permit and/or is consistent with applicable zoning
1926 ordinances.
1927 5. Restoring land following a flood or natural disaster.
1928 6. Excavations for building purposes for a project which has been issued a
1929 building and land use permit and/or is consistent with applicable zoning
1930 ordinances.
1931 7. Any activities conducted at a solid or hazardous waste disposal site
1932 required to prepare, operate or close a solid waste disposal facility under
1933 Wis. Stats. §289 or §291. This Section applies to activities related to solid
1934 or hazardous waste disposal which are conducted at a non-metallic
1935 mineral extraction operation separate from the solid or hazardous waste
1936 disposal facility, such as activities to obtain non-metallic materials to be
1937 used for lining, capping, covering, or constructing berms, dikes, or roads.
1938 D. Lot Area.
1939 1. Non-structural agricultural uses. The lot area shall conform to the
1940 standards set forth in Article 3, Section 5(C)(2).
1941 2. Mineral extraction operations. No minimum lot area.
1942 E. Height. No building shall be more than one hundred (100) feet in height, with
1943 height measurements commencing at the grade level of the highest existing
1944 topography.
1945 F. Yards.
1946 1. Extractive operations shall be set back a minimum of one hundred (100)
1947 feet from the public right-of-way and all property lines.
1948 2. Accessory uses such as offices, parking areas and stockpiles shall be
1949 setback a minimum of fifty (50) feet for the public right-of-way and all
1950 property lines.
1951
1952 ARTICLE 4 GENERAL PROVISIONS
1953
1954 SECTION 1 JURISDICTION AND COMPLIANCE
1955
1956 A. Jurisdiction. The jurisdiction of this Ordinance shall include all lands within the
1957 Town of Forest, St. Croix County, Wisconsin.
1958 B. Compliance. No structure or land shall hereafter be used and no structure or
1959 part thereof shall hereafter be located, erected, moved, reconstructed, extended,
1960 enlarged, converted, structurally altered without full compliance with the
1961 provisions of this Ordinance and all other applicable Town, county and state
1962 regulations.
1963
1964
1965
1966
October 11, 2013 DRAFT Page 43
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
1967 SECTION 2 DISTRICT REGULATIONS
1968
1969 Except as otherwise provided, the use and height of buildings hereafter erected,
1970 converted, enlarged or structurally altered and the use of any land shall be in
1971 compliance with the regulations established herein for the district in which such building
1972 or land is located.
1973
1974 SECTION 3 HEIGHT AND AREA
1975
1976 A. No part of a yard or other open space provided about any buildings for the
1977 purpose of complying with the provisions of this Ordinance shall be included as a
1978 part of a yard or other open space required for another building.
1979 B. Every single family dwelling hereafter erected in the Town of Forest shall provide
1980 no less than six hundred (600) square feet of floor area, except that this provision
1981 shall not apply to summer cottages, hunting or fishing cabins that are used
1982 seasonally and not as permanent residences. The basement can be included if it
1983 has an entrance directly accessible to the outside, or at least one (1) window that
1984 is not over four (4) feet above the basement floor.
1985 C. The regulations contained throughout this Ordinance relating to building or
1986 structure height and the size of yards and other open spaces shall be subject to
1987 the following exceptions:
1988 1. Church, schools and other public or quasi-public may be erected to a
1989 height not exceeding sixty (60) feet or five (5) stories, provided the front,
1990 side and rear yards required in the district in which such a building or
1991 structure is to be located are each increased at least one (1) foot for each
1992 additional foot of height above the height limit otherwise established in the
1993 district.
1994 2. Chimneys, cooling towers, church steeples or spires, tanks, water towers,
1995 masts or aerials, farm silos, grain storage structures, barns or other farm
1996 structures and necessary mechanical accessories are hereby exempted
1997 from the height regulations in this Chapter and may be erected in
1998 accordance with other regulations or ordinances of the Town of Forest, St.
1999 Croix County or of other jurisdictions, such as the Federal Aviation
2000 Administration.
2001 3. Facilities subject to (1) and (2) above require a land use permit to be
2002 issued by the Zoning Administrator after the approval of the Town Board.
2003 Before issuing the permit, the Zoning Administrator or Town Board shall
2004 investigate and determine whether any such facility, which is to exceed
2005 thirty-five (35) feet in height above ground level, will create or may create
2006 any fire protection problems.
2007 a. In considering a request for a permit, the Town Board may invite
2008 appropriate officials of fire or other public safety officials to appear
2009 and offer recommendations.
2010 b. The Town Board may attach such conditions as it deems
2011 reasonable and necessary, based upon advice of fire and public
2012 safety officials, to the granting of the permit.
October 11, 2013 DRAFT Page 44
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2013
2014 SECTION 4 USE REGULATIONS
2015
2016 The following use regulations and restrictions shall apply:
2017 A. Permitted Uses. Only those permitted uses specified for a district, their essential
2018 services and the following shall be permitted in that district.
2019 B. Unclassified or Unspecified Uses. Unclassified or unspecified uses may be
2020 permitted as conditional uses by the Town Board provided that such uses are
2021 similar in character to the permitted uses permitted in the district.
2022 C. Conditional uses. Provisions applicable to conditional uses generally:
2023 1. Conditional uses and their accessory uses are considered as conditional
2024 uses requiring for their authorization, Plan Commission review and
2025 recommendation to the Town Board, public hearing, and approval by the
2026 Town Board in accordance with Article 2, Section 5 of this Ordinance
2027 except those existent at time of adoption of this Ordinance.
2028 2. Those existing uses which are classified as "conditional uses" for the
2029 district(s) in which they are located at the time of adoption of this
2030 Ordinance require no action by the Town Board to continue as valid
2031 conditional uses.
2032 3. Proposed change of a permitted use in a district to a conditional use shall
2033 require application, Plan Commission review and recommendation, public
2034 hearing and approval of the Town Board in accordance with Article 2,
2035 Section 5 of this Ordinance.
2036 4. Conditional use uses, when replaced by permitted use(s), shall terminate.
2037 In such cases(s), the reestablishment of any previous conditional use, or
2038 establishment of new conditional use shall require application, Plan
2039 Commission review and recommendation, public hearing and approval of
2040 the Town Board in accordance with Article 2, Section 5 of this Ordinance.
2041 5. Conditional use uses authorized by the Town Board shall not be subject to
2042 substitution with other conditional use uses, either regular or limited,
2043 whether similar in type or not, without application, Plan Commission
2044 review and recommendation, public hearing, and Town Board approval in
2045 accordance with Article 2, Section 5 of this Ordinance.
2046
2047 SECTION 5 SITE REGULATIONS
2048
2049 A. Site Suitability.
2050 1. No land shall be used or structure erected where the land is held
2051 unsuitable for such use or structure by the Town Board by reason for any
2052 of the following:
2053 a. Flooding, as noted on official FEMA floodplain maps.
2054 b. Concentrated runoff.
2055 c. Inadequate drainage.
2056 d. Adverse soil or rock formation.
October 11, 2013 DRAFT Page 45
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2057 e. Unfavorable topography, generally defined as slopes over twenty-
2058 five percent (25%), but may be less depending on the
2059 characteristics of the particular property.
2060 f. Inadequate water supply or sewage disposal capabilities.
2061 g. Inadequate ingress or egress.
2062 h. Low percolation rate or bearing strength.
2063 i. Erosion susceptibility.
2064 j. Any other feature likely to be harmful to the health, safety,
2065 prosperity, aesthetics and general welfare of the Town.
2066 2. In applying the provisions of this Section, the Town Board shall in writing
2067 recite the particular facts upon which it bases its conclusions that the land
2068 is not suitable for certain uses. The applicant shall have the opportunity to
2069 present evidence contesting such unsuitability if he/she so desires.
2070 Thereafter, the Town Board may affirm, modify, or withdraw its
2071 determination of unsuitability.
2072 B. Principal Structures.
2073 1. Only one (1) principal structure shall be located, erected, or moved onto a
2074 lot.
2075 2. The Town Board may permit, as a conditional use, more than one (1)
2076 principal structure in any district where such structure is permitted as a
2077 conditional use in that district and more than one (1) such structure is
2078 needed for the orderly development of the parcel.
2079 3. Where additional structures are permitted, the Town Board may impose
2080 additional yard requirements, landscaping requirements or parking
2081 requirements, or require a minimum separation distance between principal
2082 structures.
2083 C. Decks. For the purposes of this Section, decks, whether attached to the building
2084 or not, shall be considered a part of the building or structure. A deck that is not
2085 directly accessible from the principal structure shall be considered an accessory
2086 structure.
2087 D. Pre-existing Lots. Where a lot has an area less than the minimum number of
2088 finished square feet per family required for the district in which it is located and
2089 was of record as such at the time of the passage of this Ordinance, such a lot
2090 may be occupied by one (1) family subject to setback, rear yard and side yard
2091 setbacks for the district.
2092 E. Open Yards. Every part of the required yard shall be open to the sky
2093 unobstructed, except for accessory buildings in a rear yard and the ordinary
2094 projection of sills, belt courses, cornices and ornamental features projecting not
2095 more than twenty (20) inches.
2096 F. Erosion Control and Storm water Management.
2097 1. All erosion control and storm water management must be in compliance
2098 and meet all permitting requirements of the following as applicable:
2099 a. St. Croix County Shoreland Zoning Ordinance.
2100 b. Chapter NR 151, Wisconsin Department of Natural Resources.
2101 c. Chapter NR 216, Wisconsin Department of Natural Resources.
October 11, 2013 DRAFT Page 46
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2102 d. Wisconsin Construction Site Erosion and Sediment Control
2103 Standards.
2104 2. Copies of the above permit applications and supporting documentation
2105 submitted per the requirements of this Section shall be provided to the
2106 Town Clerk.
2107 3. No land disturbance shall occur until proof of compliance with the
2108 requirements of this Section is submitted to the Town Clerk. Acceptable
2109 proof shall be an approved letter or permit provided by the regulatory
2110 agency.
2111
2112 SECTION 6 HIGHWAY AND ROAD SETBACKS
2113
2114 A. Purpose. The purpose of this Section is to promote the public safety, welfare
2115 and convenience on public roads by establishing setbacks from road rights-of-
2116 way.
2117 B. Jurisdiction.
2118 1. The jurisdiction of this Section shall include lands abutting all arterials,
2119 major collectors, minor collectors, and local roads.
2120 2. The functional/jurisdictional classification of existing roads is shown on the
2121 Functional Classification map available for review at the Town Hall.
2122 3. Where a road is located on a town boundary, this Section does not apply
2123 on the portion of the road located outside of the Town of Forest.
2124 4. The Zoning Administrator will require approval from the Wisconsin
2125 Department of Transportation for setbacks, roads connection and
2126 driveway access to state and federal highways and on land that is
2127 adjoining state and federal highways. The Wisconsin Department of
2128 Transportation may require additional standards not identified in this
2129 Section.
2130 5. The Zoning Administrator will require approval from the St. Croix County
2131 Highway Department for setbacks, roadway connection and driveway
2132 access to county highways and on land that is adjoining county highways.
2133 The County Highway Commissioner may require additional standards not
2134 identified in this Section.
2135 C. Compliance.
2136 1. No structure or part thereof shall be located between the setback lines
2137 established by this Section and the road right-of-way, except as provided
2138 in (D) below.
2139 2. No structure or part thereof shall be located in the vision clearance
2140 triangle, as in Section F of this Article.
2141 3. The provisions of Article 4, Section 7 shall apply.
2142 4. Structures and signs that may be permitted adjacent to state and federal
2143 highways also require permits from the Wisconsin Department of
2144 Transportation.
2145 5. All distances unless otherwise indicated shall be measured horizontally.
2146 6. No building, structure, sign, or part thereof, except those complying with
2147 the above regulations, which exists within the setback lines on the
October 11, 2013 DRAFT Page 47
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2148 effective date of this Ordinance or any amendment thereto shall be altered
2149 or enlarged. When such a building, structure, sign, or thereof, is damaged
2150 by violent wind, vandalism, fire„ flood, ice, snow, mold, or infestation, it
2151 may be restored or rebuilt in the same location within such setback lines,
2152 but cannot be enlarged or expanded unless it complies with the provisions
2153 of this Ordinance, or unless enlarging the structure is necessary to comply
2154 with applicable state or federal requirements.
2155 D. Structures Permitted Within Setback Lines. If the Zoning Administrator, in
2156 conjunction with the Town Board and St. Croix County Highway Department,
2157 determines that the road's line of sight is not impaired, then structures and signs
2158 may be placed between the setback line and the right-of-way on all highways and
2159 roads as follows:
2160 1. Frontage or service roads constructed according to plans as approved by
2161 the jurisdiction having authority over the road or highway.
2162 2. Landscaping, retaining walls and utility structures that do not obstruct the
2163 fine of sight.
2164 3. Non-permanent structures less than thirty-five (35) square feet.
2165 4. Open fences.
2166 5. Parking lots located a minimum of twenty (20) feet from the established
2167 highway or road right-of-way.
2168 6. Signs, in compliance with Article 4, Section 9.
2169 7. Telecommunication and power transmission poles and lines and
2170 microwave radio relay structures, together with all appurtenances thereto
2171 that are readily removable as a unit, including public utility equipment
2172 housing or structures.
2173 8. Wells and septic tanks and other similar structures.
2174 E. Setback Requirements. Road setbacks shall meet the following requirements:
2175
Road Classification Setback from Edge of
Right-of-Way
Principal/Minor Arterial 50 feet
Major Collector 50 feet
Minor Collector 50 feet
Local Road 50 feet
2176
2177 F. Vision Clearance Triangles.
2178 1. In each quadrant of every uncontrolled or yield-controlled public highway
2179 or road intersection there shall be a vision clearance triangle bounded by
2180 the highway or road edge of roadway and a line connecting points on the
2181 highway edge of roadway.
2182 2. No building, fence, structure, vegetation or any other object preventing a
2183 line of sight may be placed within a vision clearance triangle.
2184 3. The vision clearance triangle for an intersection may be expanded by the
2185 Town Board to fit site conditions with the approval of the Wisconsin
2186 Department of Transportation or the St. Croix County Highway
2187 Department.
October 11, 2013 DRAFT Page 48
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2188 Vision clearance triangles shall meet the following standards:
2189
60 MPH or 55 MPH 50 or 45 40 MPH or
greater MPH less
Major Intersecting 600 feet 500 feet 400 feet 300 feet
Hi hwa /Road*
Minor Intersecting 175 feet 160 feet 150 feet 120 feet
Highwa /Road**
2190 `Through traffic, which does not stop at the intersection.
2191 "Controlled traffic, which stops at the intersection.
2192
2193 SECTION 7 ACCESS AND FRONTAGE
2194
2195 A. Access.
2196 1. All accesses serving three (3) or more lots or parcels shall be dedicated
2197 public roads.
2198 2. Any private road existing prior to the effective date of this Ordinance that
2199 had served two or more lots or parcels shall be dedicated in its entirety if
2200 any additional lots or parcels will take access from the private road.
2201 3. Spacing.
2202 a. There shall be a minimum of two hundred (200) feet between the
2203 centerlines of driveways and/or between the driveway and an
2204 intersecting road.
2205 b. Spacing distance may be altered by the Town Board for an
2206 individual driveway on a previously platted lot or to fit site conditions
2207 and engineering standards, with approval from the Wisconsin
2208 Department of Transportation or the St. Croix County Highway
2209 Department if located on a road under their jurisdiction.
2210 c. Agricultural field driveways are exempt from the spacing
2211 requirements, but must be complaint with the Town's driveway
2212 ordinance.
2213 B. Frontage. All lots or parcels shall have a minimum of sixty-six (66) feet of road
2214 frontage, except a lot or parcel on a cul-de-sac shall have a minimum of thirty-
2215 three (33) feet of road frontage.
2216 C. Driveways. All driveway accesses installed, altered, changed, replaced or
2217 extended after the effective date of this Chapter shall meet the requirements of
2218 the Town of Forest Driveway Ordinance and the following requirements:
2219 1. Driveway access to all roads under state or federal jurisdiction must be
2220 approved by the Wisconsin Department of Transportation
2221 2. Driveway access to all roads under county jurisdiction must be approved
2222 by the St. Croix County Highway Department.
2223
2224
2225
2226
2227
October 11, 2013 DRAFT Page 49
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2228 SECTION 8 OFF-STREET PARKING
2229
2230 A. General Standards.
2231 1. In the Commercial District, whenever a lot abuts upon a public or private
2232 alley, sufficient loading space shall be provided on the lot or adjacent
2233 thereto in connection with any business use so that the alley shall at all
2234 times be free and unobstructed to the passage of traffic.
2235 2. One (1) off-street parking space shall be twenty feet by ten feet (20' x 10')
2236 in area, exclusive of adequate ingress and egress driveways to connect
2237 with a public thoroughfare. A single stall in any garage may replace any
2238 single required parking space.
2239 3. No building for which off-street parking space is required may be added
2240 to, structurally altered or converted in use so as to encroach upon or
2241 reduce the parking space below the required minimum.
2242 4. All parking spaces shall be graded and drained so as to prevent the
2243 accumulation of surface water.
2244 5_ Parking lots containing five (5) or more parking spaces which are located
2245 in the Residential or Agricultural-Residential Districts or adjacent to
2246 residential lots, shall be screened along the side of such lots that abut the
2247 lots lines of residential lots by a solid wall, fence or evergreen planting of
2248 equivalent opacity, or other equally effective means, built or maintained at
2249 a minimum height of four (4) feet. If parking lots so located are lighted, the
2250 lights shall be shielded as to prevent undesirable glare or illumination of
2251 adjoining residential property.
2252 B. Number of Spaces Required. The following minimum number of off-street
2253 parking spaces shall be provided and maintained by ownership, easement and/or
2254 lease for and during the life of the respective uses hereinafter set forth:
2255
Use Minimum Spaces Required
Bowling alleys Five 5 s aces for each alley
Buildings combining business and One (1) space for each three hundred
residential use (300) square feet of area devoted to
business use + one (1) per family,
which accommodations are provided
on the remises
Dwelling, single family Two 2 spaces per dwelling
Dwelling, multi-family Two (2) spaces per family for which
accommodations are provided in the
building + one (1) more space per
building
Establishments offering curb service to Five (5) spaces for each person
customers who remain in their vehicles employed to serve such customers
Funeral homes and mortuaries One (1) space for each fifty (50) feet of
space devoted to parlors
Mini-storage/self-storage facilities One (1) space for each one hundred
100 stora a units and two 2 spaces
October 11, 2013 DRAFT Page 50
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
for the live-in manager or office worker
Motels, lodging houses and dormitories One 1 space for each uestroom
Public and private parks and One (1) space for each four (4)
playgrounds persons designed to be accommodated
Restaurants, taverns and similar places One (1) space for each fifty (50) feet of
for eating and for refreshments, except floor space devoted to the use of the
curb service establishments patrons
Retail or local business places, banks, One (1) space for each two hundred
offices and professional offices and (200) square feet ground floor area +
personal service shops one (1) additional space for each five
hundred (500) square feet of upper
floor area
Roadside stands Five (5) spaces at the place of
business off the right-of-way of the
highway
Service stations Shall provide parking for all vehicles
used directly in the conduct of the
business + two (2) spaces for each gas
pump + three (3) spaces for each
tease rack
Theaters, churches, auditoriums,
lodges or fraternity halls and similar One (1) space for each seven (7) seats
laces of public assemblage
2256
2257 C. Uses Not Named. Any use not specifically named shall be assigned to the most
2258 appropriate classification by the Zoning Administrator subject to review by the
2259 Plan Commission and Town Board or appeal to the Board of Appeals.
2260 D. Handicapped Parking Requirements. In addition to any other requirements
2261 relating to parking spaces contained in this Section, the provisions contained in
2262 §101.13, §346.503 and §346.56, Wis. Stats., and any Wisconsin Administrative
2263 Code sections adopted pursuant thereto are hereby adopted by reference and
2264 made applicable to all parking facilities whenever constructed.
2265
2266 SECTION 9 SIGNS.
2267
2268 A. Purpose. The purpose of this Section is to establish minimum standards to
2269 regulate, administer and enforce signage standards in the Town to protect the
2270 safety and welfare of the public and the natural scenic beauty of roadsides,
2271 promote aesthetics, and maintain property values.
2272 B. Applicability. This Section applies to all signs in all zoning districts, including
2273 permanent, temporary, on-premise and off-premise signs, unless otherwise
2274 provided in this Section.
2275 C. Sign Permit.
2276 1. No sign shall be erected, constructed, altered, enlarged, rebuilt or
2277 relocated without a sign permit, except as otherwise provided in this
2278 Section.
October 11, 2013 DRAFT Page 51
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2279 2. The sign shall meet all other requirements of other applicable codes and
2280 ordinances of the Town of Forest.
2281 3. A completed sign permit application form must be submitted to the Town
2282 Clerk, with the appropriate fee as included in the Town Fee Schedule.
2283 4. The Zoning Administrator shall deny, approve with conditions, or approve
2284 without conditions within thirty (30) days of receiving a completed
2285 application.
2286 5. In the case of a denial or approval with conditions, the Zoning
2287 Administrator shall prepare a written decision stating the findings and
2288 reasons for the action.
2289 6. An appeal from the denial or approval with conditions of a sign permit can
2290 be brought before the Board of Appeals.
2291 D. Sign Permit Exemptions. The following types of signs do not require a permit,
2292 but must comply with all other provisions of this section, including size,
2293 placement, installation, maintenance, etc.
2294 1. Government signs erected by or on behalf of a government body for the
2295 purpose of carrying out an official duty or responsibility, including but not
2296 limited to posting legal notices, identifying public property and indicating
2297 public use.
2298 2. Signs that are traffic control devices and are permitted or allowed by the
2299 Wisconsin Manual on Uniform Traffic Control Devices published by the
2300 Wisconsin Department of Transportation.
2301 3. Interior signs located completely within a building and not visible from
2302 outside the building.
2303 4. Temporary free standing signs three (3) square feet or less.
2304 5. Memorial signs, tablets, names of buildings and date of erection when cut
2305 into masonry surface.
2306 6. Signs designating entrances, exits, service areas, parking areas,
2307 restrooms and other such signs relating to functional operation of the
2308 building or premises.
2309 7. Signs not exceeding ten (10) square feet in area and containing only
2310 property numbers, post box numbers or names of occupants of premises.
2311 8. Flags or insignia of any government, except when displayed in connection
2312 with commercial promotion.
2313 9. Political message signs during an election campaign, as defined in Wis.
2314 Stats. §12.04(1, and subject to the Town's authority to regulate size,
2315 shape and placement for the public safety.
2316 10. Window signs.
2317 11. Posters and banners, provided that they shall not be posted or displayed
2318 for longer than thirty (30) days.
2319 12. Real estate signs not to exceed ten (10) square feet in area which
2320 advertise the sale, rental, or lease of the premises upon which the sign is
2321 located, provided they be removed within thirty (30) days of the sale,
2322 rental, or lease of the property.
2323 13. No trespassing or no dumping signs.
October 11, 2013 DRAFT Page 52
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2324 E. Prohibited Signs. The following signs shall be prohibited within the Town of
2325 Forest:
2326 1. Signs that fail to satisfy the requirements of this Section.
2327 2. Signs that emit any odor, noise or visible matter other than light.
2328 3. Moving or flashing signs, except those giving public service information
2329 such as time, date, temperature, weather or similar information.
2330 4. Abandoned signs in disrepair with no permit on file with the Town and no
2331 contact information on the sign, as determined by the Town Board.
2332 5. Signs within the public right-of-way, except for traffic control, parking and
2333 directional signs.
2334 6. Signs painted directly on a building, fence, tree, stone or similar object,
2335 except those on windows.
2336 7. Off-premise signs, except in the Commercial District.
2337 8. Pornographic signs.
2338 9. Signs on utility poles.
2339 10.A vehicle used as a sign or as the base for a sign where the primary
2340 purpose of the vehicle in that location is its use as a sign.
2341 F. Placement and Dimensional Standards.
2342 1. Signs shall not be placed on any property without the properly owner's
2343 written consent.
2344 2. All signs shall be mounted in one (1) of the following manners:
2345 a. Flat against a building or wall
2346 b. Back to back in pairs so that the back of the sign will be screened
2347 from public view.
2348 c. In clusters in an arrangement which will screen the back of the
2349 signs from public view.
2350 3. Signs shall be setback the following minimum distances:
2351 a. Ten (10) feet from any right-of-way
2352 b. Twenty (20) feet from all side and rear yard lot lines.
2353 c. Seventy-five (75) feet from any Residential District, unless the sign
2354 is completely screened from the residential property.
2355 d. Signs over one hundred (100) square feet: five hundred (500) feet
2356 from any pre-existing residence or Residential District.
2357 4. Freestanding signs shall be separated from other structures by a minimum
2358 of ten (10) feet, measured from edge of roof overhang to the sign.
2359 5. The maximum height of any freestanding sign shall be twenty (20) feet
2360 above the average elevation at the site of the sign.
2361 G. Construction and Maintenance.
2362 1. All signs, supports and accessories and construction shall meet applicable
2363 State of Wisconsin building codes and the Uniform Sign Code and the
2364 Uniform Building Code as published by the International Conference of
2365 Building Officials.
2366 2. All signs, including supports and attachments, shall be properly
2367 maintained and have an appearance that is neat and clean and kept free
2368 of rubbish and weeds.
October 11, 2013 DRAFT Page 53
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2369 3. All ground sign structures shall be self-supporting structures and
2370 permanently attached to sufficient foundations.
2371 4. All signs using electric power shall have a cut-off switch on the outside of
2372 the sign and electrical service to ground signs shall be concealed
2373 wherever possible.
2374 5. Illuminated signs shall be diffused or indirect so as not to direct rays of
2375 lighting onto any public road.
2376 6. Signs not meeting the standards of this Section may be removed by the
2377 Town.
2378 H. Portable Signs.
2379 1. A sign permit is required for a portable sign.
2380 2. Permits shall be issued for a period not to exceed thirty (30) days in any
2381 calendar year.
2382 3. Any sign remaining on the premises for more than thirty (30) days in any
2383 calendar year shall be deemed to be a permanent sign and shall meet all
2384 the requirements for a permanent sign.
2385 4. No portable sign shall exceed thirty-two (32) square feet and no portable
2386 sign shall be over seven (7) feet in height from grade level.
2387 5. All portable signs shall have a minimum setback from the property line of
2388 fifteen (15) feet or an additional setback as deemed necessary.
2389 I. Nonconforming Signs.
2390 1. Any sign located within the Town of Forest prior to the date of adoption of
2391 this Ordinance hereafter which does not conform to the provisions of this
2392 Section is considered a nonconforming sign and is permitted.
2393 2. A sign loses its nonconforming status if one (1) of the following occurs:
2394 a. The sign is relocated.
2395 b. The sign fails to comply with the Town requirements regarding
2396 maintenance and repair.
2397 c. The sign is abandoned.
2398 d. On the date of occurrence of any of the above, the sign shall be
2399 immediately brought into compliance with this Section and new
2400 permit secured therefore or the sign shall be removed.
2401 3. Nothing in this Section shall relieve the owner or user of a legal
2402 nonconforming sign or the owner of the property on which the sign is
2403 located from the provisions of this Section regarding safety, maintenance
2404 and repair of signs.
2405 J. Violations.
2406 1. Any person, firm or corporation who begins, erects or completes
2407 construction of any sign controlled by this Section prior to receiving a sign
2408 permit shall pay a penalty of double the amount of the sign permit fee.
2409 2. Written notice will be provided to the sign owner and property owner for
2410 any sign found to be in violation of the provisions of this Section.
2411 3. The Town may remove any non-compliant signs at the expense of the
2412 sign owner after proper notice and inaction by the sign owner or property
2413 owner to bring the sign into compliance.
2414
October 11, 2013 DRAFT Page 54
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2415 SECTION 10 MAXIMUM RESIDENTIAL DENSITY
2416
2417 A. Purpose. Maximum residential densities are established in order to allow greater
2418 flexibility to create additional residential lots in certain districts while preserving
2419 productive agricultural land and open space in the Town.
2420 B. Applicability.
2421 1. The standards in this Section shall apply to the creation of residential lots
2422 in the Agricultural and Agricultural-Residential Districts.
2423 2. No lot or building site shall be created which does not meet the
2424 appropriate zoning district's minimum lot area requirements of this
2425 Ordinance.
2426 3. No parcel shall be created which does not allow at least one (1) residential
2427 lot under the maximum density calculation unless such parcel is
2428 permanently deed restricted to a non-residential use. Any such use must
2429 comply with this Zoning Ordinance.
2430 4. Parcels of land existing on the effective date of this Ordinance shall not be
2431 subdivided into residential lots which exceed the allowable number of lots
2432 per forty (40) acres or portions thereof for the Agricultural and Agricultural-
2433 Residential Districts.
2434 C. Calculation.
2435 1. The allowable number of residential lots shall be calculated by multiplying
2436 the acreage of the parcel by the maximum residential density per forty (40)
2437 acres.
2438 2. Any fractional lot resulting from the calculation in (1) above of this Section
2439 which is at least .75 or higher shall be rounded up to the next whole
2440 number.
2441 3. Any existing residence on a parcel to be subdivided shall count against
2442 the maximum residential density allowed, except for those allowed in
2443 Article 3, Section 5(6)(16) of this Ordinance.
2444 D. Official Density Map.
2445 1. Allowable residential density will be recorded on a map kept on file in the
2446 Forest Town Hall.
2447 2. The number of residential lots created and the available number of lots
2448 remaining under the corresponding zoning district shall be noted on the
2449 map.
2450
2451 SECTION 11 NONCONFORMING USES, STRUCTURES AND LOTS
2452
2453 A. Applicability.
2454 1. Within the Town of Forest, there may be existing uses of land and
2455 structures that lawfully existed prior to the enactment, or amendments
2456 thereto, of this Ordinance which do not conform to the regulations herein.
2457 2. Such nonconforming conditions may continue subject to the regulations
2458 contained in this Section.
2459 B. Nonconforming Uses.
2460 1. Continuance.
October 11, 2013 DRAFT Page 55
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2461 a. Any nonconforming use lawfully existing upon the effective date of
2462 this Ordinance, or any amendment thereof, may be continued at the
2463 size and in a manner of operation existing upon such date, except
2464 as specified in this Section.
2465 b. Only that portion of the land in actual use may be so continued.
2466 c. Uses or adjuncts thereof which are or become nuisances shall not
2467 be entitled to continue as nonconforming uses.
2468 2. Modification and Maintenance.
2469 a. No nonconforming use shall be expanded, enlarged or extended in
2470 any way which increases its nonconformity, unless the use is
2471 changed to a permitted use in the district in which it is located.
2472 b. No nonconforming use shall be changed into another
2473 nonconforming use.
2474 c. The total structural repairs or alterations to a nonconforming use's
2475 building, premises, structure or fixture shall not during its life
2476 exceed fifty (50%) percent of the assessed value of the building,
2477 premises, structure or fixture unless permanently changed to a
2478 conforming use.
2479 3. Discontinuance. When any nonconforming use is discontinued for a
2480 period of twelve (12) consecutive months, or is changed into a conforming
2481 use, any future use of the building, premises, structure, or fixture shall
2482 conform to the provisions of this Ordinance.
2483 C. Nonconforming Structures.
2484 1. Continuance. Any nonconforming structure lawfully existing upon the
2485 effective date of this Ordinance, and amendments thereof, may be
2486 continued at the size and in a manner of operation existing upon such
2487 date, except as specified in this Section.
2488 2. Modification.
2489 a. Any nonconforming structure lawfully existing upon the effective
2490 date of this Ordinance, and amendments thereof, may be extended,
2491 enlarged, reconstructed, moved, or structurally altered provided
2492 that said extension, enlargement, reconstruction, movement, or
2493 alteration complies with the zoning and building requirements of the
2494 specific zoning district.
2495 b. The nonconforming feature of a lawful nonconforming structure
2496 shall not be allowed to increase its nonconformity by being
2497 extended, enlarged, reconstructed, moved, or structurally altered
2498 except under one (1) or more of the following conditions:
2499 i. When required to do so by law.
2500 ii. When required to comply with state or federal requirements.
2501 iii. To comply with provisions of this Ordinance.
2502 iv. With approval of a variance by the Board of Appeals.
2503 c. When any lawful nonconforming structure is any district is modified
2504 so as to be in conformance with provisions of this Ordinance, any
2505 future modifications of that structure shall be in conformance with
2506 the provisions of this Ordinance.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2507
2508 3. Maintenance.
2509 a. Ordinary maintenance repairs, including repairs reasonably
2510 necessary to prevent the deterioration of a structure, and
2511 remodeling of a nonconforming structure are permitted, as well as
2512 necessary nonstructural repairs and alterations which do not
2513 extend, enlarge, or intensify the nonconforming structure.
2514 b. Ordinary maintenance repairs and remodeling include the following:
2515 i. Internal and external painting.
2516 ii. Decorating.
2517 iii. Paneling.
2518 iv. Installation of heating, electricity, plumbing (including
2519 fixtures) or insulation.
2520 v. Replacement of doors, windows, and other non-structural
2521 components.
2522 4. Restoration of Damaged Structures.
2523 a. A damaged or destroyed nonconforming structure may be restored
2524 to the size, location, and use that it had immediately before the
2525 damage or destruction occurred, without any limits on the costs of
2526 repair, reconstruction, or improvement if all the following apply:
2527 i. The nonconforming structure was damaged or destroyed on
2528 or after March 2, 2006.
2529 ii. The damage or destruction was caused by violent wind,
2530 vandalism, fire, flood, ice, snow, mold, or infestation.
2531 b. Any nonconforming structure to be restored, for which (4)(a) above
2532 applies, shall allow for the size of the structure to be larger than the
2533 size it was immediately before the damage or destruction if
2534 necessary for the structure to comply with applicable state or
2535 federal requirements.
2536 5. Unsafe Structures. Nothing in this Ordinance shall preclude the Building
2537 Inspector or any other Town official from initiating remedial or enforcement
2538 actions when a lawful nonconforming structure is declared unsafe or
2539 presents a danger to the public health, safety, or welfare or is violation of
2540 any applicable Town ordinances.
2541 D. Nonconforming Lots.
2542 1. Contiguous nonconforming lots under common ownership shall be
2543 combined prior to the issuance of any zoning permit contained in this
2544 Ordinance.
2545 2. A nonconforming lot may be used for any use permitted in the zoning
2546 district in which the lot is located but shall not be a building site, unless a
2547 variance is granted by the Board of Appeals.
2548
2549
2550
2551
2552
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2553 ARTICLE 5 PERFORMANCE STANDARDS
2554
2555 SECTION 1 PURPOSE AND INTENT
2556
2557 The purpose of this section establishing performance standards is to encourage a high
2558 standard of development. The standards are intended to prevent and eliminate those
2559 conditions that cause blight and potential hazardous and nuisance-like effects and to
2560 assure that neighboring land uses are compatible. All development after the effective
2561 date of this Ordinance shall be required to meet these standards and may apply to
2562 existing development where so stated.
2563
2564 SECTION 2 ACCESSORY BUILDINGS
2565
2566 A. Required Permits. A land use permit and building permit are required for all
2567 accessory buildings.
2568 B. Performance Standards. Accessory buildings must comply with the following
2569 standards in all districts.
2570 1. No accessory building shall be used as a separate dwelling unit.
2571 2. All accessory buildings are to be used for personal or agricultural use only.
2572 No commercial use or commercially-related use is allowed in these
2573 structures except by conditional use permit.
2574 3. An accessory building shall not exceed thirty-five (35) feet in height, as
2575 measured from the finished grade to the roof peak.
2576 4. The permitted size of accessory buildings are as follows:
2577
Total square footage Number of allowed
Lot Area of accessory
buildings accessory buildings
Less than 1 acre 1,200 1
1 acre - 5 acres 2,500 2
5 acres - 10 acres 5,000 3
10 acres 20 acres 10,000 4
Greater than 20 acres Unlimited* Unlimited*
2578 *provided they are agricultural buildings, if not the standards for 10-20
2579 acre lot area is applied
2580
2581 SECTION 3 ADULT ESTABLISHMENTS
2582
2583 A. Purpose. To create an overlay zoning district whereby adult establishments are
2584 sufficiently separated from each other and from conflicting uses so as to
2585 minimize the negative secondary effects of adult uses on other properties in the
2586 Town.
2587 B. Definitions.
2588 1. Adult Bookstore. An establishment which, as its substantial course of
2589 conduct, presents adult entertainment for observation by patrons therein,
2590 or which, as part of its substantial course of conduct, offers for sale, rent,
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2591 trade, lease, inspection or viewing books, films, videocassettes,
2592 magazines or other such media, which are distinguished or characterized
2593 by their emphasis on matters depicting, describing or relating to specific
2594 anatomical areas or specified sexual activities.
2595 2. Adult Cabaret. A nightclub, dance hall, bar, restaurant or similar
2596 commercial establishment that regularly features:
2597 a. Persons who appear in a state of nudity or semi-nudity; or
2598 b. Live performances that are characterized by specified sexual
2599 activities; or
2600 c. Films, motion pictures, videocassettes, slides or other photographic
2601 reproductions that are characterized by the depiction or description
2602 of specified sexual activities or nudity.
2603 3. Adult Entertainment. Any exhibition of any motion picture, live
2604 performance, display or dance of any type which has as a significant or
2605 substantial portion of such performance, or is distinguished or
2606 characterized by an emphasis on any actual or simulated performance of
2607 specified sexual activities or exhibition and viewing of specified anatomical
2608 areas.
2609 4. Adult Establishment. Includes adult bookstores, adult motion-picture
2610 theaters, adult novelty stores, and further means any premises to which
2611 public patrons or members are invited or admitted that is substantially
2612 devoted to the purveyance, demonstration or display of specified sexual
2613 activities or specified anatomical areas.
2614 5. Adult Motion-Picture Theater. Any establishment for the presentation of
2615 motion pictures that as its dominant theme, or distinguished or
2616 characterized by an emphasis on, matters depicting, describing or relating
2617 to specified sexual activities or specified anatomical areas for observation
2618 by patrons therein.
2619 6. Adult Novelty Store. Any establishment which as its substantial course of
2620 conduct offers for sale, rent, trade, lease, inspection or viewing any adult
2621 novelty items, sex toys, sexual gratification appliances, or other similar
2622 products, excluding contraceptives or similar products of medical value,
2623 that are distinguished or characterized by their emphasis on matters
2624 depicting, describing or relating to specified sexual activities or specified
2625 anatomical areas.
2626 7. Sexually-Oriented Business. An adult bookstore, adult establishment,
2627 adult motion-picture theater, adult novelty store, adult cabaret, a business
2628 featuring adult entertainment or other business classified as an adult
2629 establishment.
2630 8. Specified Anatomical Areas:
2631 a. Less than completely and opaquely covered human genitals or
2632 pubic region.
2633 b. Human male genitals in a discernibly turgid state, even if opaquely
2634 covered.
2635 c. Less than completely and opaquely covered nipples or areolas of
2636 the human female breast.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2637 9. Specified Sexual Activities. Simulate or actual
2638 a. Showing of human genitals in a state of sexual stimulation or
2639 arousal; or
2640 b. Acts of masturbation, sexual intercourse, sodomy, bestiality,
2641 necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or
2642 c. Fondling or erotic touching of human genitals, pubic region,
2643 buttocks or female breasts.
2644 10. Substantial. Forty (40%) percent or more of a business stock-in-trade,
2645 display space, floor space or retail sales in any one month. Upon
2646 reasonable belief that an entity is in excess of the forty-percent threshold,
2647 that entity shall provide all necessary records, receipts and documentation
2648 to the Town upon request. Failure to do so shall result in a presumption
2649 that the entity is operating in excess of the threshold.
2650 11. The above definitions are not intended to imply that the described
2651 activities are lawful under state or federal law. Any adult establishment
2652 and/or any sexually oriented business must comply with all applicable
2653 county, state and federal laws or regulations, in addition to the
2654 requirements of this ordinance.
2655 C. Location.
2656 1. No adult establishment shall be located:
2657 a. Within any zoning district other than the Commercial District.
2658 b. Within 1,320 feet of an existing adult establishment.
2659 c. Within 1,320 feet of any lot with a residential dwelling.
2660 d. Within 2,640 feet of any preexisting school, daycare, church, or
2661 public recreational facility.
2662 e. Within 1,320 feet of any preexisting establishment licensed to sell
2663 or dispense fermented malt beverages of intoxicating liquor.
2664 2. For purposes of this section, distances are to be measured in straight line,
2665 without regard to intervening structures or objects, from the property line
2666 of the adult establishment, to the nearest property line of another adult
2667 establishment, dwelling, school, church, daycare or establishment selling
2668 or dispensing fermented malt beverages of intoxicating liquor.
2669 D. Hours of Operation.
2670 1. No adult establishment shall be open between the hours of 2:00 a.m. and
2671 8:00 a.m., Monday through Friday, between the hours of 2:00 a.m. and
2672 12:00 noon on Saturdays, or on Sundays.
2673 2. All adult establishments shall be open to inspection at all reasonable times
2674 by the St. Croix County's Sheriff's Department and the code enforcement
2675 officer.
2676 E. Regulation of Sexually-Oriented Business.
2677 1. The sale, use or consumption of alcoholic beverages on the premises of a
2678 sexually-oriented business is prohibited.
2679 2. It shall be unlawful to allow a person who is younger than eighteen (18)
2680 years of age to enter or be on the premises of a sexually-oriented
2681 business at any time the sexually-oriented business is open for business.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2682 3. It shall be the duty of the operator of each sexually-oriented business to
2683 ensure that an attendant is stationed at each public entrance to the
2684 sexually-oriented business at all times during such sexually-oriented
2685 businesses' regular business hours. It shall be the duty of the attendant to
2686 prohibit any person under the age of eighteen (18) years from entering the
2687 sexually-oriented business. It shall be presumed that an attendant knew a
2688 person was under the age of eighteen (18) unless such attendant asked
2689 for and was furnished:
2690 a. A valid operator's, commercial operator's or chauffer's driver's
2691 license; or
2692 b. Personal identification card issued by a state agency reflecting that
2693 such person is eighteen (18) years of age or older.
2694 4. No person shall cause another to commit a violation of this Section, not
2695 shall any person permit such violation to occur on any premises under
2696 his/her control, tenancy, management or ownership.
2697 F. Violations and Penalties.
2698 1. Violation of the use provisions of this Section is declared to be a public
2699 nuisance, and shall be subject to abatement procedures.
2700 2. Any person, partnership or corporation who violates any of the provisions
2701 of this Section shall be subject to a forfeiture of not less than $200 and not
2702 more than $500 per violation. A separate. offense and violation shall be
2703 deemed committed on each day which a violation occurs or continues.
2704
2705 SECTION 4 ANIMAL HOUSING AND ANIMAL WASTE STORAGE STRUCTURES
2706
2707 A. The following structure setbacks apply to animal housing structures containing
2708 one (1) or more animal units and animal waste storage structures located in any
2709 zoning district.
2710 1. Animal Housing Structures.
2711 a. Less than five hundred (500) animal units: Minimum one hundred
2712 (100) feet from any property line or public right-of-way.
2713 b. Greater than five hundred (500) animal units: Minimum two
2714 hundred (200) feet from any property line or public right-of-way.
2715 2. Animal Waste Storage Structures.
2716 a. Less than five hundred (500) animal units: Minimum one hundred
2717 (100) feet from any property line or public right-of-way.
2718 b. Greater than five hundred (500) animal units: Minimum three
2719 hundred and fifty (350) feet from any property line or public right-of-
2720 way.
2721 c. Exceptions:
2722 i. Equipment and piping used to transport animal waste from
2723 an animal housing structure to an animal waste storage
2724 structure.
2725 ii. The animal storage structure existed prior to the adoption of
2726 this Ordinance.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2727 iii. The animal waste storage structure is a single new structure
2728 constructed no closer to the relevant property line or public
2729 right-of-way than an existing animal waste storage structure
2730 that existed on the same parcel prior to the adoption of this
2731 Ordinance, provided that the new structure is no larger than
2732 the existing structure and is located within fifty (50) feet of
2733 the existing structure and is cannot be located closer to the
2734 property line.
2735
2736 SECTION 5 COMMERCIAL KENNELS
2737
2738 A. Required License and Permit. A conditional use permit is required for
2739 commercial kennels in the Agricultural and Agricultural-Residential Districts and
2740 must comply with all rules and regulations of Federal, State, County and local
2741 agencies.
2742 B. Performance Standards. Commercial kennels must comply with the following
2743 standards in all districts.
2744 1. Any outdoor structures used for the confinement, care or breeding of
2745 animals shall be setback a minimum of three hundred (300) feet from any
2746 property line.
2747 2. Kennel structures shall provide soundproofing so that animal noise cannot
2748 be heard beyond the owner's lot lines.
2749 3. Kennel structures shall be located at least fifty (50) feet from any potable
2750 water supply well
2751 4. Animals shall be housed indoors from 9:00 p.m, to 6:00 a.m.
2752 5. Parking areas, outside pens and runs, and kennel structures shall be
2753 screened by landscaping or other suitable means when visible from
2754 adjoining properties.
2755 6. Wastewater and water systems shall be sufficient to service the proposed
2756 use.
2757 7. The Town Board may place additional conditions on commercial kennels
2758 in order to eliminate any perceived or reported issues regarding noise and
2759 animal waste odors from the operation.
2760
2761 SECTION 6 FENCES
2762
2763 A. Required Permits. A building permit is required for non-agricultural fences in all
2764 zoning districts and must comply with all rules and regulations of Federal, State,
2765 County and local agencies.
2766 B. Performance Standards. Fences on non-agricultural properties must comply with
2767 the following regulations:
2768 1. The finished side of the fence, not showing the structural supports, shall
2769 face the abutting property.
2770 2. No fence shall be constructed on public rights-of-way.
October 11, 2013 DRAFT Page 62
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2771 3. Fences shall not impede the vision of the roadway from a driveway
2772 providing access to the road, and shall be in compliance with Article 4,
2773 Section 6(F)(e) of this Ordinance.
2774 4. Fences shall not exceed six (6) feet in height.
2775 5. Fences may be constructed along the lot line.
2776 a. The property owner constructing the fence is solely responsible for
2777 ensuring that the fence is located on their property.
2778 b. The Town may request additional information in order to determine
2779 if the proposed location of the fence is in compliance.
2780 6. All fences shall be maintained and kept safe and in a state of good repair.
2781 7. Barbed wire fences are not allowed in the Residential District, except may
2782 be allowed along property lines bordering the Residential, Agricultural, and
2783 Agricultural-Residential zoning districts.
2784
2785 SECTION 7 HOME OCCUPATIONS
2786
2787 A. Purpose. The purpose of this Section is to:
2788 1. Protect residential and agricultural areas from adverse impacts of activities
2789 associated with home occupations;
2790 2. Permit residents of the Town of Forest an opportunity to conduct a
2791 business at their place of residence;
2792 3. Establish criteria and develop standards for home occupations conducted
2793 in dwelling units and accessory buildings in the following districts:
2794 Residential, Agricultural, and Agricultural-Residential.
2795 B. Intent. The intent of this Section is to provide for certain types of restricted
2796 occupational uses within the Residential, Agricultural, and Agricultural-
2797 Residential districts which:
2798 1. Are incidental to the use of the premises as a residence or farm;
2799 2. Are compatible with residential and agricultural uses;
2800 3. Are limited in extent; and
2801 4. Do not detract from the residential or agricultural character of the
2802 neighborhood.
2803 C. General Standards. The following standards shall apply to all home occupations:
2804 1. The person principally responsible for the home occupation must reside at
2805 the location of the proposed home occupation.
2806 2. All home occupations shall be clearly incidental and secondary to the use
2807 of a dwelling or accessory building for residential or agricultural purposes,
2808 and the appearance of the structure shall not be altered or the occupation
2809 within the dwelling or accessory building be conducted in such a manner
2810 which would cause the premises to differ from its residential or agricultural
2811 character by either the use of colors, materials, construction, lighting,
2812 signs, or the emission of sounds, noises, odors or vibrations.
2813 3. In no case shall any home occupation be open to the public at times
2814 earlier than 7:00 a.m. nor later than 10:00 p.m.
2815 4. A home occupation shall have adequate off-street parking spaces
2816 available to compensate for additional parking needs generated.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2817 5. There shall be no exterior storage of business equipment, materials,
2818 merchandise, inventory, vehicles or heavy equipment.
2819 6. Home occupations shall not produce noise or objectionable odors,
2820 vibrations, glare, fumes or electrical interference detectable beyond the lot
2821 line of the parcel on which the home occupation is located.
2822 7. Home occupations shall not illegally discharge any materials, fluids or
2823 gases into the sewer system or into an on-site waste disposal system nor
2824 discharge such items in violation of any applicable government code.
2825 8. Garage sales, craft sales or other similar sales are permitted without a
2826 permit provided that they meet the following standards:
2827 a. Sales last no longer than three (3) days.
2828 b. Sales are held no more than four yearly.
2829 c. Sales are conducted on the owner's property. Multiple family sales
2830 are permitted if they are held on the property of one of the
2831 participants.
2832 d. No goods purchased for resale are offered for sale.
2833 e. No consignment goods may be offered for sale.
2834 f. Directional signs may not be placed in the right-of-way.
2835 g. All directional and advertising signs shall be freestanding and
2836 removed upon completion of the sale.
2837 h. All directional and advertising signs placed on private property shall
2838 have the owner's permission.
2839 i. No directional or advertising signs may be larger than four (4) feet
2840 square.
2841 9. Signs must be in compliance with Article 4, Section 9 of this Ordinance.
2842 10. Adequate sanitary systems must be in place in compliance with the St.
2843 Croix County Sanitary Ordinance.
2844 D. Minor Home Occupations. A minor home occupation is a home occupation
2845 authorized by this Section with an approved land use permit in compliance with
2846 this Section.
2847 1. General Standards.
2848 a. Minor home occupations shall not be conducted in any building on
2849 the premises other than the principal dwelling.
2850 b. Not more than one (1) person other than a resident of the principal
2851 dwelling may be engaged or employed in a minor home occupation.
2852 c. The area set aside for the home occupation shall not exceed twenty
2853 percent (20%) of the total floor area of such residence.
2854 d. There shall not be conducted on the premises the selling of stocks
2855 of merchandise, supplies or products, provided that orders
2856 previously made by telephone or at a sales party may be filled on
2857 the premises. That is, the direct sale of products off display
2858 shelves or racks is not allowed, but a person may pick up an order
2859 placed earlier as described above.
2860 e. Parties for the purpose of selling merchandise or taking orders shall
2861 be not be held more than four (4) times each month.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2862 2. Permitted Minor Home Occupations. Permitted minor home occupations
2863 include, but are not limited to, the following:
2864 a. Accounting and bookkeeping services.
2865 b. Computer programming, data entry or other data processing
2866 services.
2867 c. Dressmaking, sewing and tailoring.
2868 d. Home cooking and preserving for sale off-site.
2869 e. Home crafts for sale off-site.
2870 f. Painting, sculpturing or writing.
2871 g. Real estate services.
2872 h. Secretarial services.
2873 i. Telephone answering or marketing.
2874 j. Tutoring.
2875 E. Major Home Occupations. A major home occupation is any proposed or existing
2876 home occupation that does not meet the standards for a minor home occupation
2877 and may only be allowed in the Residential, Agricultural, and Agricultural-
2878 Residential districts.
2879 1. General Standards.
2880 a. A major home occupation may only be authorized as a Conditional
2881 use by the Town Board following the provisions of Article 2, Section
2882 5 of this Ordinance.
2883 b. Conditional use permits for major home occupations shall not be
2884 granted when it appears to the Town Board that the proposed
2885 home occupation will constitute a fire hazard to neighboring
2886 property owners, will adversely affect neighboring property values,
2887 or will constitute a nuisance or otherwise be detrimental to the
2888 neighbors because of excessive traffic, noise, odors or other
2889 circumstances.
2890 c. In order to guarantee that a major home occupation, once
2891 authorized, will not become a nuisance to the neighbors or
2892 otherwise violate these guidelines, the Town Board may impose
2893 reasonable conditions necessary to protect the public health, safety
2894 and welfare.
2895 d. Conditional use permits for major home occupations granted by this
2896 Section shall be temporary in nature and shall be granted to a
2897 designated person who resides at the location of the home
2898 occupation. They are not transferable from person to person or
2899 from address to address.
2900 2. In addition to the specific conditions imposed by the Town Board, all major
2901 home occupations shall also meet the following standards:
2902 a. Major home occupations must be conducted within the principal
2903 dwelling or permitted accessory building.
2904 b. Major home occupations may not be located within twenty-five (25)
2905 feet from any property line, the Plan Commission or Town Board
2906 may impose greater setbacks as a condition of the conditional use
2907 permit.
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2908 c. Interior or exterior business signs shall be limited to one (1) sign not
2909 to exceed six (6) square feet that conforms to all other sign
2910 regulations otherwise provided in this Ordinance.
2911 d. No more than two (2) persons other than a resident of the principal
2912 dwelling may be employed or engaged in a major home occupation.
2913 e. The area set aside for the major home occupation shall not exceed
2914 twenty (20%) percent of the total floor area of the principal dwelling.
2915 Where an accessory building is used, the total floor area dedicated
2916 to the home occupation, including any area used in the dwelling,
2917 shall be limited to one thousand (1,000) square feet. The Town
2918 Board shall determine an appropriate maximum square footage for
2919 the specific proposed home occupation as part of its review.
2920 f. Only merchandise directly incidental to a service provided may be
2921 displayed or sold within the dwelling or structure used for a major
2922 home occupation.
2923 F. General Provisions.
2924 1. Applications. Applications for major and minor home occupations shall be
2925 filed with the Zoning Administrator with an application fee provided in the
2926 Town of Forest Fee Schedule.
2927 a. Minor home occupations require a land use permit.
2928 b. Major home occupations require a conditional use permit, in
2929 compliance with the procedures contained in Article 2, Section 5.
2930 2. Inspections.
2931 a. There may be one (1) annual inspection each year of any
2932 authorized home occupation by the Zoning Administrator or his/her
2933 designee.
2934 b. In addition, the Zoning Administrator or his/her designee shall have
2935 the right at any time, upon reasonable request, to enter and inspect
2936 the premises for safety and compliance purposes.
2937 3. Transfers. Should a home occupation permit holder (conditional use
2938 permit holder) die or move to a new location, the existing permit shall be
2939 automatically terminated, except that, in the case of death, should a
2940 surviving spouse or child residing at the same residence desire to
2941 continue the home occupation, the Town Board may authorize
2942 continuation of that permit upon written request without further hearing.
2943 4. Revocation. Conditional use permits for a major home occupation, once
2944 granted, may be revoked by the Town Board, for cause, after hearing
2945 before the Town Board. All such revocations shall be administered in
2946 accordance with Article 2, Section 5(B)(5).
2947 5. Abatement. Any nonconforming home occupation shall be discontinued or
2948 comply with all applicable provisions of this Section within one (1) year
2949 after the home occupation first became nonconforming.
2950 6. Penalties. Penalties for failure to apply for an applicable permit or failure
2951 to comply with the provisions of this Section or the conditions of such
2952 permit shall be as prescribed in the Town's Citation Ordinance.
2953
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DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2954 SECTION 8 JUNKYARDS/SALVAGE YARDS, CONTRACTOR'S STORAGE YARD,
2955 RECYCLING CENTER
2956
2957 A. Required Permits. A conditional use permit is required for all junkyards/salvage
2958 yards, contractor's storage yards, or recycling centers in the Agricultural,
2959 Agricultural-Residential, and Commercial Districts.
2960 B. Performance Standards. Junkyards/salvage yards, contractor's storage yard,
2961 and recycling centers must comply with the following standards in all districts.
2962 1. Any such use must comply with all rules and regulations of Federal, State,
2963 County and local agencies, including the Town Junkyard Ordinance.
2964 2. Landscaping shall be installed to buffer the use from adjacent residential
2965 land uses and to provide screening from public roads. A landscape plan
2966 shall be submitted to the Zoning Administrator at the time of application for
2967 a conditional use permit.
2968 3. Any processing equipment shall be enclosed within a structure.
2969 4. Exterior storage must be screened from view of all adjacent properties.
2970
2971 SECTION 9 MINI-STORAGE/SELF-STORAGE FACILITIES
2972
2973 A. Required Permits. A land use permit is required for all mini-storage/self-storage
2974 facilities in the Commercial District.
2975 B. Performance Standards. Mini-storage/self-storage facilities must comply with the
2976 following standards.
2977 1. Units are not to be used for retailing, auto repair, human habitation, or any
2978 commercial activity.
2979 2. Storage of any flammable or hazardous material is prohibited.
2980 3. No outside storage is allowed.
2981 4. On-site management is allowed provided adequate wastewater and water
2982 systems are provided.
2983 5. The facility shall be secured by either the walls of the structure and/or
2984 fencing.
2985 6. All doors on the units shall face inward and away from the street and
2986 property lines.
2987 7. Only one (1) exit and entrance are allowed except for an additional
2988 emergency exit.
2989 8. Interior drives must be wide enough to accommodate a parked car and
2990 traffic that must pass.
2991
2992 SECTION 10 MOBILE HOMES
2993
2994 A. All mobile homes located in the Town of Forest shall be subject to the Town of
2995 Forest Mobile Home Ordinance, to the extent applicable, and the following
2996 requirements:
2997
2998
October 11, 2013 DRAFT Page 67
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
2999 1. Shall be a minimum of twelve (12) feet wide and be a minimum of six
3000 hundred (600) square feet and shall be no more than fifteen years old.
3001 2. Shall be approved by a HUD certification under Standards 101.94 (as
3002 authorized in 42 US 5401) as a manufactured home.
3003 3. Shall have its hitch and all wheels and axles removed and be mounted on
3004 and anchored to, a permanent foundation that meets all requirements of
3005 the Uniform Dwelling Code.
3006 4. The area beneath the mobile home, if not a continuous foundation, must
3007 be completely enclosed with a skirting material.
3008 5. Other than in designated areas such as campgrounds, or as provided
3009 elsewhere in this Chapter, a travel trailer will not be allowed on any lot for
3010 more than fourteen (14) days within any sixty (60) consecutive days.
3011 Travel trailers may be stored by owner on his/her lot if the lot has a
3012 principal structure and if the travel trailer is not used for permanent
3013 sleeping purposes.
3014 6. All mobile homes which are abandoned, burned or otherwise destroyed or
3015 substantially damaged must be removed from the lot or site on which they
3016 are located within six (6) months after abandonment, burning, destruction
3017 or substantial damage occurred.
3018 7. All mobile homes which are equipped with internal water supplies and
3019 plumbing must have a sanitary system which is approved in accordance
3020 with Wisconsin Administrative Code SPS 383.
3021 B. Pre-built, pre-fabricated or modular homes, which shall be mounted on a
3022 continuous permanent foundation, are not considered "mobile homes" and are
3023 permitted in any district that would permit on-site construction of a home, subject
3024 to all provisions and restrictions applicable to such a home, as if it were
3025 constructed on-site.
3026 C. Temporary Occupancy Permits. Any other provisions to the contrary
3027 notwithstanding, no person shall place, occupy or use a mobile dwelling unit for
3028 residential purposes, temporary or permanent, on any parcel not having a legal
3029 and occupied principal structure other than in areas specifically zoned and
3030 approved for such occupancy. However, the owner of a parcel who holds a valid
3031 zoning and sanitary permit for construction of a principal structure may apply for
3032 and obtain approval for temporary placement and occupancy of a mobile dwelling
3033 unit during construction on condition of connecting such unit to and use of a legal
3034 sanitary system. All Town-approved applications will be contingent upon filing by
3035 the applicant of a deed restriction by which the property owner agrees to abide
3036 by all Town and County conditions and to obey time deadlines for removal of the
3037 unit unless the deadlines are extended by the Zoning Administrator. All
3038 residential occupancy of the mobile dwelling unit shall cease, and, except as
3039 provided in this Section, the mobile dwelling unit shall be removed from the
3040 property when the principal structure is capable of occupancy
3041
3042
3043
3044 This Ordinance was duly adopted by the Town Board at a properly noticed Town
October 11, 2013 DRAFT Page 68
DRAFT Zoning Ordinance Town of Forest, St Croix County, Wisconsin
3045 Board meeting held on tb r' , 2013, by a vote of in favor,
3046 opposed and not voting.
3047
3048 TOWN OF FOREST
3049
3050
3051 By:
3052 Jaim er, Town C
3053
3054 Attest:
3055
3056 By:
3057 Marilyn enson, Town Clerk
3058
3059 Approved:
3060
3061 Published:
3062
3063 Posted:
3064
October 11, 2013 DRAFT Page 69
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