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Resolution 2016 (29)
Resolution No. 29 (2016) ST R Q��,,w �� � UNTy RESOLUTION APPROVING 2-11-16 TEXT AMENDMENTS TO TOWN OF TROY ZONING ORDINANCE 1 WHEREAS, On February 11, 2016 the Town of Troy adopted zoning ordinance 2 amendments based on the Town of Troy Ordinance Chapter 170 Section X Changes and 3 Amendments; and 4 5 WHEREAS, in 2015 as directed by the Town of Troy Town Board the Town of Troy 6 Plan Commission prepared amendments for review and consideration by the Town Board to 7 Sections A, B, D, E, F, K, V, Y and Z of Chapter 170; and 8 9 WHEREAS, the Town of Troy Counsel summarized and presented said summary of the 10 amendments to the Town of Troy Plan Commission and Town Board; and 11 12 WHEREAS, following due advertisement announcing the public hearing as required by 13 law, the Town of Troy Plan Commission held said public hearing on February 4, 2016 regarding 14 the amendments to Chapter 170 §§ A, B, D, E, F, K, V, Y and Z by way of text addition and 15 deletion as shown on Exhibit"A" as attached hereto and incorporated herein by reference; and 16 17 WHEREAS, the Town of Troy Plan Commission amended the draft and recommended 18 for approval the amendments to the Town of Troy Chapter 170 Zoning Ordinance §§ A, B, D, E, 19 F, K, V, Y and Z as summarized by Town Counsel and incorporating the amendments made by 20 the Plan Commission on February 4, 2016; and 21 22 WHEREAS, the Town of Troy Town Board met on February 11, 2016, approved and 23 adopted all proposed amendments to Chapter 170, §§ A, B, D, E, F, K, V, Y, and Z, being part of 24 the Town Zoning Ordinance, in the form of the text additions and deletions as shown on Exhibit 25 "A" as attached hereto and incorporated herein by reference; and 26 27 WHEREAS, Section 60.62(3), Wisconsin Statutes states that in counties having a county 28 zoning ordinance no town zoning ordinance amendment is effective unless approved by the 29 county board; and 30 31 WHEREAS, St Croix County has a zoning ordinance; and 32 33 WHEREAS, the Community Development Committee has reviewed the proposed 34 amendment and recommends approval. 35 36 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the 37 amendments to the Town of Troy Zoning Ordinance described above and shown on Exhibit "A" 38 as attached hereto are hereby approved. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: None f G cotfT. Cox, CorporaffoVouitsel 31(1/2016 l obert D ist et, Finance L)k°ector -3412 016 Paf rick ThT)F)ji7 fi,COUnty Administrator trator 3/t 5/2016 03/17/16 Adopted 03/17/16 Community Development Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] Next: 5/3/2016 5:00 PM MOVER: Jill Ann Berke, Supervisor SECONDER: Shaela Leibfried, Supervisor AYES: Agnes Ring, Jill Ann Berke, Judy Achterhof, Shaela Leibfried ABSENT: Daniel Hansen Vote Confirmation. *eRing,ASSuperviisor 3/18/2016 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Ann Berke, Supervisor SECONDER: Scott Nelson, Supervisor AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Long, Bergren, Nelson, Berke, Ostness, Larson, Hansen, Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey This Resolution was Adopted by the St. Croix County Board of Supervisors on May 3, 2016 Cindy Campbell, County Clerk Resolution No. 2016 - 02 Town of Troy Town Board Amending Chapter 170, the Town's Zoning Ordinance WHEREAS, on April 7, 1959, the Annual Town Meeting of electors for the Town of Troy took action to adopt village powers and authorize the Troy Town Board to enact ordinances pursuant to what is now Wis. Stat. §§ 60.10 (2) (c) and 61.35; and WHEREAS, on January 8, 1990, a Special Town Meeting of electors for the Town of Troy took action to authorize the Town Board to enact Town zoning ordinances pursuant to what is now Wis. Stats. §60.10 (2) (h): and WHEREAS, the Town enacted Chapter 170, the Town's Zoning Ordinance on July 10, 2014, which Ordinance was then approved by the St Croix Board of Supervisors pursuant to Wis. Stats. Sec. 60.62(3); and WHEREAS, in 2015 the Town Board referred to the Town Plan Commission the task of preparing certain amendments to Chapter 170 for review and consideration by the Town Board; and WHEREAS, the Plan Commission then caused to be prepared certain amendments to Sections A, B, D, E, F, K, V, Y and Z of Chapter 170; and WHEREAS, on February 4, 2016, the Plan Commission held a public hearing, preceded by the Class II notice required by Wis. Stats 62.23(7) (d), on the said Zoning Ordinance amendments to take public comment on the proposed Zoning Ordinance amendments; and WHEREAS, following the said public hearing the Plan Commission found a typographical error and that a planned addition to Chapter F had not been included in the draft amendments before it, which omissions were corrected by action of the Plan Commission during its meeting on February 4, 2016; and WHEREAS, during its meeting on February 4, 2016, the Plan Commission then recommended that the amendments to Chapter 170 Sections A, B, D, E, F, K, V, Y and Z by way of text addition and deletion and all as shown on Exhibit "A" as attached hereto and incorporated herein by reference be approved by the Town Board, to be effective following approval by the St Croix County Board of Supervisors and publication, all as required by law. NOW THEREFORE, BE IT RESOLVED: That the Town Board of the Town of Troy hereby approves and adopts all proposed amendments to Chapter 170, Sections A, B, D, E, F, K, V, Y and Z, being part of the Town Zoning Ordinance, in the form of the text additions and deletions shown in Exhibit "A", attached hereto and incorporated herein by reference; and That following adoption by the Town Board the Town Clerk/Treasurer shall forthwith forward Exhibit "A"/the said amendments to St. Croix County for its approval, pursuant to Wis. Stats. § 60.62(3), thereafter to be published in the manner required by law to become effective in the Town. Passed and adopted by the Town Board of the Town of Troy, this 11th day of February, 2016 on a vote of d Daniel Pearson, Town Chair Attest: �J nnifer klark, Town(.Clerk/Treasurer k Summary of Main Changes Made to the Town's Ordinance by the Proposed Amendments(For 02.04.2016 Plan Commission Hearing): Section A: three definitions added/modified: Exotic Animals, Household Pets and Commercial Kennels. Household pets and commercial kennel definitions are similar to the County's. Section B: The event plan requirement, originally borrowed from the County's Zoning Ordinance, is more fully developed and moved to this Section. Event plans are required in in any zone if anticipated event attendance will exceed 300 people in 24 hours. The event plan requirement is placed in Section B as a general requirement for all districts with the purpose, requirements and procedure to obtain one now found in that Section. Event plans can now be for single events or as an annual plan for all events planned that year. Neighbor notification is an express part of the application process. After plan approval, event plans are distributed by the Town to affected emergency responders in advance of the event. Sections D, E and F: The Town Board wanted to allow for residential chicken raising in the Town as a matter of right without requiring a conditional use permit and to regulate dogs (pets) at residences in a manner that would allow more of them than at present. • The amendments base the number of dogs that can be kept as household pets (three on the smallest lots,then five,up to seven maximum)on lot size and discusses how the raising and selling of dogs can becomes a commercial kennel operation, requiring a conditional use permit. The basic operational standards for commercial kennels are in Section V. • The number of chickens allowed is likewise based in each district on lot size of the lot and whether the lot lies inside or outside of a major subdivision while deferring to local restrictive covenants. After these amendments go into effect, poultry raising will no longer be a conditional use. Sections E and F also clarify that although exotic animals are not allowed in either district, llamas, ostriches and emus kept for purposes of animal husbandry and sale do not fall into the prohibited category. • In both sections the event plan requirement has been scaled back from the original set of requirements and procedure to a reference to Section B, where that information now resides. Section K: The headings on the table describing permitted, conditional and accessory uses were off by one Section letter in the original version of the ordinance. This is corrected in the amendments. Section V: on conditional uses has been expanded to add Town standards, similar to those of the County's, for operation of a commercial kennel. There are also language changes throughout the Section that are intended to add flexibility and clarity. Section Y: adds authority to compensate members of the Board of Appeals for their service. Section Z: The Town now wishes to move to an ordinance administration model in which the Town Chair does not serve as Zoning Administrator, the model in the original Town ordinance. The amendments to this Section are intended to accomplish this change. DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 i Chapter 170 Section-A..-... Introduction and Definitions 1. Title The Title of this Chapter is the"Town of Troy Zoning Ordinance",referred to herein as the"Ordinance"or"this Chapter". 2. Authority The Town Board of the Town of Troy has general zoning authority,powers and duties pursuantto Wis.Stats.§§60.10;60.22; 61.35; 60.62;and 62.23;also pursuant to the other specific statutory authority as noted elsewhere in this Ordinance;also pursuant to the Town's assumption of village powers at its Annual Town Meeting on April 7,1959 and pursuant to the action by Town electors at a Special Town Meeting on January 8, 1990, to authorize the Town Board to enact Town zoning ordinances. 3. Purpose' The purpose of this Chapter is to promote the health,safety,prosperity and general welfare of the residents and landowners in the Town-of Troy,through the establishment and enforcement of regulations governing the use of land in the Town and by providing penalties for the violation of its provisions. To these ends,this Ordinance shall divide the Town into districts and regulate the location,construction,alteration,enlargement and use of structures and land in the Town. 4. Intent It is the general intent of this Chapter to: a) Aid in implementing the Town's Comprehensive Plan; b) Regulate the use of all structures,lands and waters; C) Provide for compatibility of land uses; d) Promote the preservation of agricultural and conservation areas within the Town. e) Provide opportunities for limited, desirable commercial development while reducing the property tax burden for residential property. f) Further the appropriate use of land and conservation of natural resources; g) Preserve and promote the beauty and rural atmosphere of the Town; h) Promote a fair,equitable and balanced application of reasonable zoning regulations for the Town and its residents. i) Regulate lot and population density so as to lessen congestion and promote the safety and efficiency of the streets and highways and protect farm land and open space uses; j) Prevent overcrowding;avoid undue population concentration; k) Facilitate the provision of public facilities and utilities; 1) Stabilize and protect property values; M) Secure safety from fire,flooding,panic and other dangers; n) Provide adequate light,air,sanitation and drainage; o) Provide for the administration and enforcement of this Chapter and to provide penalties for its violation. S. Repeal of Prior Chapter 170,Abrogation and Greater Restrictions The current Chapter 170 in this Code of Ordinances, adopted by the Town Board on March 12, 1990, and as amended thereafter,is repealed on the effective date of this Chapter. With this exception,it is not otherwise intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances,rules,regulations or permits previously adopted or issued pursuant to law. However,where this Chapter imposes greater restrictions,the provisions of this Chapter shall govern. 6. Severability If any.specific portion of this Chapter is held to be unconstitutional,unlawful or invalid by a court of competent jurisdiction, the remainder of this Chapter shall be unaffected and remain in full force and effect. DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 7. Effective Date This Chapter shall be effective after a public hearing,adoption by the Town Board and publication or posting as provided by law. 8. Interpretation The provisions of this Chapter shall be held,interpreted and applied as minimum requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or in conflict with the provisions of any other ordinances of the Town of Troy. a) For the purpose of administering and enforcing this ordinance,the terms or words used herein shall be interpreted as follows: (1) Words used in the present tense include the future: in the singular include the plural and in the plural include the singular. (2) The word"shall"is mandatory,not permissive. (3) All distances,unless otherwise specified shall be measured horizontally. (4) All definitions that refer to Wisconsin Statutes shall incorporate any fevisions or amendments to statutory language. 9. Definitions a) For the purposes of this Chapter,the following definitions shall be used: (1) Accessory'Structure. A subordinate structure,the use of which is incidental to and customarily found in connection with the principal structure or use of the property. Subject to more specific requirements and limitations contained in the specific zoning districts,accessory residential structures may include,but are not limited to, garages, carports, sheds, barns, gazebos, boathouses, swimming pools, guest houses or cottages,bunk houses and garden houses. Attached garages,attached carports and decks are considered part of a residential structure,not an accessory structure-or building. (2) Accessory Use. A use subordinate to and serving the principal use located on the same lot and customarily incidental thereto. It must also be subordinate in area, extent or purpose to the principal building or use served.Accessory uses include, but are not limited to, familydaycare, home occupations, and seasonal roadside stands. (3) Advertising Sign,Outdoor. A structural poster panel or painted sign,either free standing or attached to the outside of a building,for the purpose-of conveying information,knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located. (4) Advertising Structure, Outdoor. Anything constructed or erected,either free standing or attached to the outside of a building,for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located. (5) Agricultural Related Use. A facility,whether or not located on a farm,with at least one of the following.as a primary, and not incidental, purpose: (a) providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms; (b) storing, processing or handling raw agricultural commodities obtained directly from farms., Manufacturing and implement dealerships are excluded. (6) Agricultural Tourism. An enterprise or business that is farm-based and that combines the elements and characteristics of agriculture and tourism.Agricultural Tourism includes a wide array of farm and farm- related activities including nature based tourism, fishing, hunting, wildlife study, horseback riding, day camps,hands-on-chores,cannery tours,cooking classes,wine tasting,on-farm museums, harvest festivals, —2— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 seasonal craft sales offering predominantly locally produced craft items, barn dances, "petting" farms, weddings,overnight farm or ranch stays,guided tours, on-farm direct sales, "pick-your-own" operations, roadside stands,and farmers markets. (7) Agricultural Use. General farming including beekeeping,egg production,floriculture,forest management, domestic livestock,dairy,poultry raising,sod farming, roadside stands-selling only produce from the farm operation on the premises by members of the farm family, nurseries, greenhouses, vegetable.raising, raising of crops and other similar uses,including placing land in federal programs for commodity payments or enrolling land in the conservation reserve program under 16USC 3831 to 3836 but excluding farms operated for the disposal or reduction of garbage,sewage,rubbish or offal (8) Animal Waste. Manure, milking center waste and other organic waste generated by livestock, farm animals,or any number combination of animal units or portion thereof.It includes animal bedding,water, soil,hairfeathers and other debris that becomes intermingled with animal excreta in normal waste handling operations. (9) Animal Waste Storage Facility.One or more animal waste storage structures used for temporary storage of animal waste,including stationary equipment and piping used to load and unload an animal waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. It does not include equipment used to apply animal waste to land.or animal waste that is confined within an animal housing structure. (10) Animal Waste Storage Structure. A waste storage impoundment made by constructing embankments, excavating a pit or dugout,or fabricating a structure. It does not include equipment used to apply waste to land. For purposes of Wis.Admin.Code Ch.ATCP 51.12(2)(setbacks)and 51.14(odor),does not include any of the following: (a) A structure used to collect and store animal waste under a livestock structure (housing facility). (b) A waste digester consisting of a sealed structure in which animal waste is subjected to managed biological decomposition. (11) Antenna. Any device or.equipment used forthe transmission or reception of electromagnetic waves,which may include an omni-directional antenna(rod),a directional antenna(panel)or a parabolic antenna(disc). (12) Apartment. A portion of a residential or commercial building used as a separate dwelling unit. (13) Apartment House. See"Dwelling,Multiple." (14) Arterial Road or Street. A public street or highway that provides for rapid movement of high volumes of traffic between areas. Their function is to conduct traffic between communities and activity centers and to connect communities to major state and interstate highways. (15) Automotive Service, Repair&Towing. Repairs,incidental body and fender work,replacement of parts and . motor services, towing and steam cleaning to passenger automobiles and trucks not exceeding 12,000 pounds gross weight. (16) Awning. A hood or cover which projects from the wall of the building,which may be retracted,folded or collapsed against the face of a supporting structure. Awnings are not projecting signs. (17) Banner. Any sign of lightweight fabric or similar material that is intended to promote a business,special event,building, or district and mounted to a pole or a building. National, state or municipal flags, or the official flag of any educational institution shall not be considered a banner under this definition. —3— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (18) Basement. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story. (19) Bed and Breakfast. A place of lodging for transient guests that is the owner's personal residence,that is occupied by the owner at'the time of rental,and in which the only meal served to guests is breakfast. (20) Board of Appeals. The Town of Troy Board of Appeals. (21) Boarding House. A building other than a hotel or motel where meals or lodging and meals are served for compensation for not more than six(6)persons. (22) Building. A structure used,designed or intended for the protection,shelter,enclosure or support of person, animals or property. When a building is divided into separate parts by a division wall without openings, extending from the ground up,each part shall be deemed a separate building. (23) Building, Alterations. Any change or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one location to another. (24) Building,Height of. The vertical distance from the base point of elevation to the highest point of a flat roof, to the deckline of a mansard roof or to the average height of the highest gambrel hip or pitch roof. (25) Building,Line. Aline measured across the width of a lot at that point where the principal structure is placed in accordance with setback provisions. 96� Bu'Wing, Pri;d al See—Structure,Principal. (2726) .Buffer Space: Undeveloped area(s)in any major subdivision that cannot be further subdivided and is/are owned in common by the owners of the subdivision lots and where the primary purpose is to separate residential areas from areas being preserved for agricultural uses. Buffer spaces also serve as open space. (2 827) Camouflage Design_ A wireless communication service facility that is disguised, hidden or screened, but remains recognizable as a tower or antenna. (2928) Campground. Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. (3829) Camping Unit. Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping or travel trailer, motor home, bus,van, pick-up truck,tent or other mobile recreational vehicle. (4430) Canopy. A Canopy is a shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalks. Canopies are not projecting signs. {2231) Centerline. A line connecting the points on highways from which setback distances shall be measured,at any point on the highway. (3332) Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. (44.33) Church. A building together with its accessory buildings where people regularly assemble for religious worship and which building(s) is maintained and controlled by a religious body organized to sustain public worship. —4— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language.amending Chapter 170 Clinic. A building used by a group of physicians, chiropractors, dentists or similar professional for the medical examination or treatment of persons on an outpatient or nonboarding basis only. ' (3635) Club. An association of persons for some common purpose but not including any groups organized primarily to render a service which is customarily carried on as a business. (3736) Commercial Speech. Any sign wording, logo or other representation advertising a business, profession, commodity,service or entertainment for business purposes. (3837) Commission. The Town of Troy Plan Commission. (3038) Community Living Arrangement. The following facilities licensed or operated, or permitted under the authority of Wisconsin Statutes:Child welfare agencies under Wis. Stats.§48.60,group homes for children under Wis.Stats.§48.02(7)and community-based residential facilities under Wis. Stats. §50.01 but does not include nursing homes, general hospitals,special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including§§46.03(22),62.23(7)(i),and amendments thereto,and also the Wisconsin Administrative Code. (4839) Compliant Building location. An area on a lot where a building could be located in compliance with all applicable ordinance requirements. (4140) Concentrated Animal Feeding Operation (CAFO). An animal feeding operation with 300 animal units or more that meets the criteria set out in Wis.Admin.Code Chapter NR243. (42.41) Conditional Use. A use of land,water or building which is allowable only after review, public hearing and recommendation by the Plan Commission and after the Town Board, under conditions specified in this Chapter, has determined that the applicable conditions specified in this Chapter have been met and has created any additional site or operation—specific conditions as are necessary for public and neighborhood health,safety and welfare. (4342) Condominium. A residential, commercial or industrial building and property subject to condominium declaration as established under Wis.Stats.Chapter 703. (4443) Conservation Easement. An enforceable nonpossessory interest in real property imposing any limitation or affirmative obligation, the purposes of which include permanently protecting farmland so as to better preserve the rural character of the Town by permanently preserving scenic vistas and environmentally significant areas including'wetlands, lakes, streams and woodlots, creating and preserving open areas around significant environmental areas and agricultural areas; protecting the Town of Troy from the encroachment of neighboring cities; permanently restricting land divisions,subdivision and/or residential, commercial or industrial development; permanently retaining or protecting.natural, scenic or open space values of real property; permanently assuring the availability of real property for agricultural, forest, recreational or open space-use;permanently protecting natural resources;maintaining or enhancing air or water quality;and/or permanently preserving the historical,architectural archeological or cultural aspects of real property. (4544) . Contractor's Storage Yard. The outdoor portion of a lot or parcel,where a construction orservice contractor maintains a permanent business office,that is used to store and maintain construction or service equipment and other materials customarily used by the construction or service contractor. If used in this manner,the entire lot or parcel would then be classified as a contractor's storage yard and will be required to conform to all applicable zoning district standards and regulations. (4645) Convenience Store. A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and consumer goods,primarily for self-service by the consumer. Hot beverages, fountain type beverages and pastries may be included in the food items offered for sale. DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (446) Crops. Cultivated plants including but not limited to field crops such as corn, wheat, oats, barley, hay, potatoes and dry beans;fruits such as apples,grapes,cranberries,cherries and berries;vegetables such as tomatoes,sweet corn,carrots and squash;plants raised for culinary,medicinal or aesthetic purposes such as flowers, herbs, spices, ornamental shrubs and trees and ginseng; plants raised for energy production such as switch-grass;and plants raised for textile use,such as cotton or bamboo. f (4847) Cul-de-sac. A dead-end road with a circular turn-around at the end for vehicular use. (4948) Day Care Center. A place or home which provides care for at least four (4) and not more than eight (8) .children for less than twenty-four(24)hours a day and is licensed as provided for in Wis.Stats,Sec.48.65. (5849) Deck. An unenclosed exterior structure that has no roof or sides,but has a permeable floor. An*attached deck is part of the structure to which it is attached. An unattached deck is an accessory structure. I (550) Density The acreage-to-dwelling unit ratio used to calculate the maximum number of dwelling units allowed under the Town's Subdivision Ordinance in an area for which subdivision is planned,and based on the zoning classifications of land on July 1,1999. (5251) Department. The Department of Natural Resources. f (5252) Development. Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings structures or accessory structures;the construction of additions or alterations to buildings,structures or accessory structures;the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement;the placement of buildings or structures; subdivision layout and site preparation; mining dredging, filling, grading, paving excavation or drilling operations;the storage,deposition or extraction of materials or equipment;and the installation,repair or removal of public or private sewage disposal systems or water supply facilities. (5.453) District. Parcels or sections of the Town of Troy,for which the regulations governing the use of land and buildings are uniform. (5554) Dock Piers and Wharves. Structures extending into the waterto facilitate the launching or mooring of water craft or for fishing during the open water season. j (5555) Driveway. Any roadway providing a single, temporary or permanent point for vehicular access from a private or public Town road to a building located on public or private property.. Driveways are not field roads.(from Town Road ordinance) (5256) Dwelling Unit.'A self-contained living unit consisting of sleeping quarters, bathroom(s), and kitchen, for occupancy exclusively by one family,more than one.which may be located in our building. (5$57 Dwelling, Multiple. A building or portions thereof designed for and used bym ore than two families. Classification of a residential structure shall be determined by its present or projected occupancy and design and not by the characteristics of ownership and tenancy such as condominium arrangements. (•&958) Dwelling,One-Family. A building designed for one dwelling unit occupied exclusively by one family. (45B59) Dwelling,Two-Family(Duplex). A building owned by a single entity designed fortwo separate dwelling units each occupied exclusively by separate families. (60) Exotic•Animals. Animals not normally adapted to live and breed in a tame or domestic condition and/or that originate in or are introduced from another country and/or are not normally kept as livestock or as household pets. —6— DRAFT amendments for Plan-Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (61) Expansion. An addition to an existing structure regardless of whether the addition is vertical or horizontal or both. (62) Family. One(1)or more persons who live together in one dwelling unit as a single housekeeping entity. (63) Family Day Care Home. A dwelling licensed as a day care center by the State of Wisconsin where care is provided for not more than eight(8)children. (64) Farmette..A lot created by the subdivision of land,with the combined area of all farmettes included in the major or minor subdivision in which the lot will be located averaging not less than 11ot per 12 acres,with each lot having a minimum size of 6 acres,that cannot be further subdivided and that contain no more than one dwelling unit. (65) Farm Plan. A landowner's plan to preserve the best farmland in an existing farm for agricultural uses and purposes under a conservation easement that limits subdivision and development in such.area and that also designates other Plan areas for subdivision into lots less than 35 acres in size to be located on the less desirable farmland in the Plan area, all in conformity with the requirements of the Town's Subdivision Ordinance. ' (66) Field Road. Any roadway providing a single,temporary or permanent point for vehicular access from a private or public road to non-residential land and used solely for farm purposes,or to undeveloped,non- residential land.Field roads are not driveways. (67) Flag. Any fabric,bunting or other flexible material that contains one or more colors, patterns symbols or words. (68) Floor Area. The area within the exterior wall lines of a building,provided that the floor area of a dwelling shall not include space not usable for living quarters,such as attics,unfinished basements or utility rooms, garages,breezeways,unenclosed porches or terraces. (69) Footprint. The areas of land that is covered by a structure'at ground level,measured on a horizontal plane. The footprint of a structure includes cantilevered or pier supported horizontal expansions or similar expansions that enlarge the area of the structure without using a ground level foundation. (70) Foundation. The underlying base of a*building or other structure, including, but not limited to, pillars, footings and concrete and masonry walls. (71) Frontage. All of the property abutting on one(1)side of a street measured along the street or road between two intersecting roads or streets. (72) Garage,Private. An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to which it is accessory. (73) Garage, Service. Any commercial premises used for the storage or care of motor-driven vehicles for the general 'public or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. (74) Garden Center. A place of business where retail and wholesale products and produce are sold to the consumer. These centers,which may.include a nursery and/or greenhouses,import most of the items sold, and may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery and gardening tools. (75) Grade,Building. The ground elevation established for the'purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to.the walls of the —7— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 building if the finished grade is level. If the ground is not entirely level, the average grade shall be determined by averaging the elevation of the ground of the highest and lowest grades adjacent to the building.' (76) Greenhouse. A temporary or permanent accessory structure typically made of, but not limited to, glass, plastic or fiberglass in which plants are cultivated. Allowed as a primary structure only as a conditional use in the General Retail and Service Commercial District. (77) Group Day Care. A facility licensed as a day care center by the State Department of Children and Families under Wis.Stat. §48.65 where a person or persons provide for nine or more children. It includes preschools and nursery schools. (78) Group Home. A facility designed to fit into the community to provide living quarters and services for individuals of medical or social needs and to be staffed by qualified professionals pursuant to Wis.Stats. § 48.60, foster homes, and Wis. Stats. §§ 46.03(22) and 62.23(7)(i), community and other living arrangements. (79) Hard Surface. Commercial or industrial zoned area on which is located building footprint(s), delivery area(s),new interior service road(s),parking lot(s), unloading and loading facilities and outdoor storage. (80) Home Occupation. A business or commercial, activity conducted on property zoned for residential, agricultural-residential,exclusive agricultural or manufactured homes. Home occupations are categorized, as major or minor. (81) Hotel or Motel. A building in which lodging, with or without meals, is offered to transient guests for compensation and where there is no permanent occupancy of any unit other than by the owner or the owner's employees. (82) Household Pets. Domestic animals commonly found in residences, kept as pets and not raised for commercial resale including dogs,cats,birds and other small animals. (9283) Indoor Maintenance and Repair of Goods and Equipment. A use inside a building including repair and service of small motors,such as)awn mowers,washing machines,sewing machines,jet ski,four wheelers and small equipment such as guns,chain saws,shoes,etc. I (9384) Indoor Recreation Facility. A building used for indoor recreation,including but not limited to tennis,racquet ball,driving ranges,curling dance schools,ice arenas,shooting ranges,pool hall and health club. (8485) Institutional. A use including but not limited to government building,library and public, private or charter school. I (8586) Junk. Items, materials or products that are no longer usable as originally intended and/or though capable of being converted to another use are not actually still being used. A motor vehicle is junk for purposes of this chapter if: (a)itis not currently registered or(b)it is not capable of operation,lawful or otherwise,on public highways of Wisconsin and remains in that condition for more than 10 days after receipt of a registered or certified letter from the Town notifying the owner,occupant or custodian of the premises of the violation. An automobile licensable as an antique or special interest vehicle under Wis.Stats.§341.265, 341.266,or any part thereof is not considered junk,provided such vehicle is stored in the manner required by Wis.Stats.§341.266(4). (887) Junk Yard. An open space where junk,waste,used or second-hand materials are bought,sold,exchanged, stored,baled,packed,disassembled or handled,including,but not limited'to,scrap iron and other metals, paper, rags, rubber, tires and bottles. A "Junk Yard" also includes an auto wrecking yard, but does not include uses conducted entirely within enclosed buildings. ' —8— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (9788) Kennel, Commercial. An establishment, structure or premises open to the public and/or operated with intent of making a profit where more than a certain number offouw dogs or cats;that are-six months of age or older; are kept, that number being determined by the size of the lot on which the establishment structure or premises is located,and where said dogs,or any ofthem are bred and raised for sale;boarded, groomed and/or trained as a service. I (Eg89) Land Division. Any division of a parcel of land bythe owner orthe owner's agent,forthe purpose of transfer of ownership or building development,which creates one or more parcels or building sites of 35 acres or less. (3980) Large Footprint Commercial Structure. A commercial building,open to the public,with 50,000 square feet or more of enclosed area on the ground level. (9891) Light Industry. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts,including research,development,processing,fabrication,assembly,treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing,and which activities are conducted wholly.within an enclosed building. (9492) Livestock. Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised beef, farm-raised game birds,camelids,ratites and farm-raised fish. 1 (9293) Livestock Facility. A feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any 12-month period. It includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for the purposes ofthis Chapter,except that an operator may elect-to treat a separate species facility as a separate livestock facility. (994) Livestock Structure. A building or other structure used to house or feed livestock,to confine livestock for milking,to confine livestock for feeding other than grazing,to store livestock feed, or to collect or store waste generated at a livestock facility_. Livestock structure includes a barn, milking parlor, feed storage facility,feeding facility,animal lot or animal waste storage structure. Livestock structure does not include a pasture or-winter grazing area,a fence surrounding a pasture or winter grazing area,a livestock watering or feeding facility in a pasture or winter grazing area,or a machine shed or like facility that is not used for livestock. _ (8495 Lot. A parcel of land•(excluding outlots created by subdivisions for use as a site for one or more dwelling units,as a parcel for conveyance or as a building site of any kind. A lot may be a parcel designated in a plat or described in a conveyance recorded in the office of the Register of Deeds. Land included in the street, highway,access easement or railroad right-of-way shall not be included in computing lot size. (9§96) Lot Lines and Area. The peripheral boundaries of a lot and the total area lying within such boundaries. (9597 Lot Width. The width of a lot measured at the shortest distance between the side lot lines and the setback lines. _ (9:z98) Lot,Through. A lot having a pair of opposite lot lines along two(2)or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines. (9899) Marquee or Canopy. A roof-like structure of permanent nature which projects from the wall of a building, generally designed and constructed to provide protection from the weather. (99100) Mitigation. Action taken to minimize the adverse impacts of development.-Mitigation includes but is not limited to the installation of vegetative buffers, removal of nonconforming structures from setback areas and implementation of best management practices for erosion control and storm water management. —9— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (1018) Modification. Includes but not limited.to,any addition,alteration,rebuilding or replacement of any existing building,accessory building or accessory use. (102 ) Motor Vehicle. Any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power. (1032) Net Project Area: The area of a lot minus slope preservation zones, floodplains, road rights-of-way and wetlands. Net project area need not be contiguous. (1 043) Noncommercial Speech. Any sign wording, logo or other representation that is not commercial speech. This includes messages concerning political, religious,social, ideological,public service and informational topics. (1054) Noncomforming Lot. A legally created and recorded lot existing on the effective date of this ordinance or amendment to it and that does not comply with the area-based or spatial requirements for the zoning district in which it is located,or where the footprint of any structure on the lot does not comply with the area-based or spatial requirements for the zoning district in which it is located. (106&) Nonconforming Structure. A structure that existed lawfully on the effective date of this ordinance or amendment to it and that does not conform to spatial or area-based regulation for the zoning district in which it is located or otherwise created by this ordinance or by a later amendment such, as regulations determining setbacks,height and lot coverage. (1078) Nonconforming Use. A use of land,a dwelling or a building that existed lawfully on the effective date of this ordinance or amendment to it and that does not conform to the use restrictions for the zoning district in which it is located or as otherwise created by this ordinance or by later amendment. (1087) Nursery.Wholesale. The onsite propagation and growing of plants,shrubs,trees,or vines. Products raised onsite may be sold onsite. Retail sales of any other products are not allowed. Garden centers are not included. (1098) .Nursing Home. Any building used for the continuous'care, on a commercial or charitable basis, of persons who are physically or mentally incapable of caring for their own personal needs. (11088) Open Acres. Acreage included in residential subdivision that is dedicated and use-restricted in perpetuity by restrictive covenant or conservation easement as undeveloped acreage, adjacent to subdivision lots and/or accumulated and grouped within a subdivision, to provide walking paths, nature trails, wildlife habitat,forests,prairies,parks,farmland,farmland buffers;and other similar undeveloped uses. (1118) Open Space. Open,unoccupied areas of land,including open acres,parks,nature areas,forest,wildlife and forest management areas,playgrounds,trails,and buffer space. (1121) Ordinary High Water Mark. The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as erosion,destruction or prevention of terrestrial vegetation,predominance of aquatic vegetation or other easily recognized characteristic. (1132) Ordinary Maintenance and Repair. Any work done on a nonconforming structure that does not constitute expansion, structural alteration or reconstruction and does not involve the replacement, alteration or improvement of any portion of the structure's foundation. (1143) Outdoor Recreation Facility. A use including but not limited to athletic fields, golf courses, club house, miniature golf,batting cages,driving range,paint ball and go-kart tracks. —10— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (1154) OUtlot. A parcel of land other than a lot or block so designated on a plat or certified survey map and for which no development is intended,otherthan that which supports use of the outlot as open space or open acres. (1165) Parcel. Contiguous land under single ownership. I (1170 Parking Lot. A lot where automobiles are parked or stored temporarily but not including the wrecking of automobiles or other vehicles or storage for the purpose of repair or wrecking. (1180 Parking Space. An area of definite length,and width, exclusive of drives,aisles or entrances giving access thereto and fully accessible for the parking of permitted vehicles. (1199) Permitted Uses. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements,regulations and standards of such districts. (12039) Person. An individual, or group of individuals, corporation,partnership,association, municipality or state agency. (1219) Plan Commission. The Town of Troy Plan Commission. (122-1) Planned Unit Development(PUD). A tract of land which contains or will contain one(1) or more principal buildings,developed under single ownership or control,the development of which is unique and may be of a substantially different character than that of surrounding areas. (1230 Porch. The area of a principal structure,with a roof over it,providing access to a building. (1243) Preschool. Any building used routinely for the daytime care and education of preschool age children,other than the child's own home orthe homes of relatives or guardians,and.including all accessory buildings and play areas. (1254) Principal Use. The primary purpose for which a lot or parcel is used. (1260 Proberty Lines. The lines bounding a lot. (1279) Professional Home Offices. A home occupation conducted by doctors of medicine,chiropractors,dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists,teachers,authors,musicians or other recognized professions,and used to conduct their professions. (1280 Public Utilities. Those utilities using underground or overhead transmission lines such as electric,telephone and telegraph,and distribution and collection systems such as water,sanitary sewer and storm water. ' (129g) Public Way.Any sidewalk,street,alley,highway or other public thoroughfare. (M29) Quarrying. The removal of nonmetallic mineral aggregates, topsoil or other natural materials from the earth by excavation,stripping or any other process. (1318) Reconstruction.The replacement of all or substantially all ofthe components of a structure otherthan the foundation. (1324) Residential Property.A property where dwelling units for personal residences are allowed as the princrpal use including accessory structures and uses. (1332) Retail Sales and Services. The provision of goods and/or services such as cards or gifts, clothing, video games,lumber or building supplies,hardware,sports equipment,etc. —11— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (134-3 Road. A public way for vehicular traffic;this term includes highways.. (1354) Roadside Stand. A structure not permanently fixed to the ground,readily removable in its entirety,not fully enclosed and to be used solely for the sale of locally grown produced or created products. (136-5) Salvage Operation. Operations in which substantial numbers of automotive vehicles,other machinery or equipment or parts thereof which are no longer usable as originally intended are accumulated and stored outside of building for purposes of ultimate repair,reuse,sale or trade. (1370 School,Private. A school limited to specialized instruction such as business,art,.music,trades,handicraft, dancing or riding or a school conducted for profit. (1380 School,Public. An elementary,intermediate or secondary school that offers regular instruction capable of meeting the requirements of state compulsory education laws,operating at least five(5)days a week for a normal school year and supported by public funds, not including colleges or other institutions of higher learning. (1398-) Screening. A solid fence at least six feet high or a planted vegetative belt at least fifteen feet wide and at least six feet high. (1408-9) Self-Storage. Indoor storage of customer's items within partitioned buildings with individual access to each partitioned area. (1410) Service Contractor. Contractors engaged in providing property maintenance services including but not limited to lawn,pool and garden care;snow plowing and removal;and tree trimming and removal. (142-1) Service Statibn. Any building,structure,premises or place used for the dispensing,sale or offering for said of any motor fuel or oils,having fuel pumps and storage tanks;also where battery,tire,polishing,greasing, washing, cleaning and similar services are rendered, but not including buildings or premises where such business is incidental to the conduct of a public garage used for the repair or storage of motor vehicles. A service station may also include a convenience store which is used for the dispensing,sale or offering for sale of groceries,food,and other general retail merchandise. . (1430 Setback. The minimum horizontal distance between a structure and the road,side or rear lot lines,OHWM or bluff line. Distance is measured from the most outwardly extended portion of the structure at ground level. (1448-) Setback Lines. Lines established adjacent to highways,lot lines, lakes and streams or other places for the -purpose of defining limits within which any or certain buildings,structure or uses may not be constructed, maintained,or conducted. "Within a setback fine"means between the setback line and the highway right of way lot line,lake or stream to which the setback line is adjacent. (1454) Shelterwood Cut. Means a partial removal of mature trees leaving trees of desirable species and form to provide shade;seed source and a desirable-'seedbed for natural regeneration with the final removal of the over story after adequate regeneration is established. (146-5) Sign. A display,illustration, structure or device that directs attention to an idea, object, product, place, activity,person,institution,organization or business;; . (1476) Sign, Banner. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building at one or more edges. (1480 Sign, Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source;also,any light with one or more beams that rotate or move. —12— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (1498) Sign, Building. Any single-faced sign painted on, attached to or erected against the exterior wall of a building,structure,marquee,canopy or awning. Also including any sign placed on the interior of a.window or painted on a window such that it can be read from the outside of the building. (1509s3) Sign Component. Any element of a sign or its source of support (excluding a building), including but not limited to support structure,accessories,wiring,framing. Paint,vinyl,paper,fabric,light bulbs,.diodes,or plastic copy panels on a sign do not constitute components. • (15 14D) Sign, Freestanding. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure, including, but not limited to, a ground mounted sign,detached sign,pole sign,pylon sign or monument sign. •- -(152-1) Sign, Incidental. A sign that is no legible to a person of ordinary eyesight with vision adequate to pass a state driver's license exam standing at ground level at a location on the public right-of-way or on other private property. (153-2) Sign,Monument. A freestanding sign where the base of the sign structure is on the ground. (1542-) Sign,Off-Premise. A sign,which displays a commodity.Product,service,activity or any other person,place, thing or idea other than noncommercial speech,which is not located,found or sold on the premises upon which such sign is located. (1554) Sign, Off-Premise Directional. A sign displayed for the sole purpose of assisting wayfinding through disclosure of no more than the name of a place,its distance from the sign and one directional arrow. (156§) Sign,On-Premise. A sign which only displays a commodity, product,service,activity or any other person, place,thing or idea,which is located,found or sold on the premises upon which such sign is located,or a noncommercial speech. (1579) Sign,On-Premise Directional. A sign at the exit or entrance of a premises that has two or more driveways.. (15g7) Sign, Pornographic. Any sign that, in whole or in part, is obscene or pornographic as defined in Miller v. California and subsequent decisions,or shows specified anatomical areas or specified sexual activities. f (1598) Sign, Portable. Any sign not permanently attached to the ground or other permanent structure,or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels;signs converted to A-orT-frames;balloons used as signs;umbrellas used for advertising;and signs attached to o�painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used for transportation in the normal day-to-day operations of the business. (166 ) Sign,Projecting. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall. (1610) Sign, Property Address. A reflective red sign with white lettering that identifies the property address at a minimum and may provide limited additional information such astown name and road name. (162-1) Sign, Roof. Any sign erected and constructed wholly on and over the roof of a building,-supported by the roof structure and extending vertically above the highest portion of the roof. (1632-) Sign.Special Event. A sign that is temporary in nature and is not permanently mounted or attached to the ground or sign surface, and is used for special events, such as but not limited to, grand openings, promotions,seasonal sales,garage sales,craft sales,graduation or birthday parties,festivals or fairs. (1648) Sign,Temporary. Any sign that is used only for a limited period of time and is not permanently mounted. - —13— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (1654) Story. The vertical distance between the surface of any floor and the floor next above it,or if there is no floor above it,the space between such floor and the ceiling next above it. (166§) Story, half. A story under any roof except a flat roof,the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. (1676) Street. A public or private thoroughfare which affords the principal means of access to abutting property. j (1687) Street Line. A dividing line between a street and the abutting lot. (1699) Structural Alteration. The replacement or alteration of one or more of the structural components of any of a structure's exterior walls. (17069) Structural Component. Any part of the framework of a building or other structure. The structural _components of a building's exterior walls include the vertical studs,top and bottom plates,and window and door sills and headers. A structural component may be non-load-bearing,such as the framework of a wall at the gable end of a one-story house. Wallcoverings,such as siding on the exterior and dry wall on' the interior,are not included in the definition of"structural component." I. (1718) Structure. Any man-made object with form, shape and utility,that is constructed or otherwise erected, attached to or permanently or temporarily placed upon the ground, a riverbed,streambed or lakebed or upon another structure. The term "structure" includes swimming pools, hot tubs, patios, decks and retaining walls, but does not include landscaping or earthwork such as graded areas,filled areas,ditches, berms or earthen terraces. The term "structure"does not include small objects that are easily moved by hand,such as lawn chairs,portable grills,portable picnic tables,bird feeders,bird baths and bird houses. (1721) Structure, Principal. The primary structure on a lot utilized for the property's principal use. The term "principal structure"includes attached porches,attached decks and attached garages. (1732) Structure Principal Residential. The primary residential structure serving a single family or a platted residential lot, notwithstanding that a single family may have more than one building on the lot for that family's residential use. (1743) Subdivision. The division of land into lots, parcels or tracts by.the owner for the purpose of building development or transfer of ownership where the act of division creates one or more new lots or building sites that are 35 acres or smaller,in size. (1754) Town Board—The Town Board of the Town of Troy,St.Croix County,Wis. I' -(176-5) Town Center. A commercial Zoning District that contains elements of traditional community centers with a mixture of retail,restaurants,service providers and entertainment, planned to create a "sense of place" for Town residents and developed under P.U.D.regulations. i (1776) Townhouse. A multiple-family dwelling structure. Townhouses allow several single-entry, single-family dwelling units with common vertical walls to be constructed in one structure along a street or court. (1787) Transmission Services. Electric power lines,telephone and telegraph lines,communication towers,cables, sewage lift stations, sewer and water pipes, and other pipes, conduits and accessory structures that are used tq transport power,convey information or transport material between 2 points,other than wireless communication service facilities. (1798) Truck Service,Repair&Towing. Repairs,incidental body and fender work,replacement of parts and motor services, towing and steam cleaning to passenger automobiles and trucks equal to or exceeding 12,000 pounds gross weight. —14— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (1800 Unnecessary Hardship. Where special conditions affecting a particular property, which were not self- created,have made strict conformity with restrictions governing areas,setbacks,frontage,height or density unnecessarily burdensome or unreasonable in light of the purposes of this Ordinance. (1819) Use. The use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended,or for which it is occupied or maintained,and shall include any manner of standards of this Chapter. (1820 Use,Principal. The primary use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be"permitted"or"conditional." (1830 Variance. Authorization from the Board of Appeals for the use, construction or location of a building, structure or land in a manner that deviates from the standards required or uses authorized in this Chapter. (1840 Vehicle. Every device in,upon or by which any person or property is or maybe transported or drawn upon a street, road or highway, including any car,truck,trailer,semi-trailer;watercraft, mobile home or other motorcraft whether or not it is self-powered or remains capable of travel in its present'state. I. (1854) Wastewater Treatment System. A wastewatet treatment and disposal system serving one structure with a septic tank and soil absorption field, located on the same parcel as the structure. It also means an alternative wastewater treatment system approved by the Department of Commerce,including a'substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure, a.k.a POWTS (Private Onsite Waste Treatment System). (1865) Well. An excavated opening in the ground made by digging, boring,drilling,driving or other methods,to obtain groundwater,regardless of its intended use. (1876) Wetland. An area where water is at,near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and-which has soils indicative of wet conditions. (1887:) Yard..Open space on the same lot with a building that is unoccupied and unobstructed from the ground upward. (1896) Yard, Front. The yard extending the full width of the lot between the front lot line and the nearest part of the main building excluding uncovered steps. (19080 Yard.Rear. The yard,unoccupied except for accessory buildings,extending from the rear lot line to the rear line of the main building for the entire width of the lot,excluding such projections as are permitted in this Chapter. , (1919) Yard.Side. Ayard or open space on each side of the Principal Structure extendingfrom the side wall of the building to the side lot line and from the front yard to the rear yard. When an.accessory building is constructed on the side of the Principal Structure the setback requirements are the same for the accessory building as forthe Principal Structure. 1 —15— DR.UT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 Chapter 170 Section B General Requirements 1. Jurisdiction and Compliance a) Jurisdiction. The jurisdiction of this Chapter extends to all structures,land,water and air within the Town of Troy. Land in the Town that is located in the Lower St.Croix Riverway Rural Residential Overlay District is also under the Town Zoning jurisdiction of Chapter 171 of this Code, the Town's Lower St. Croix Riverway Zoning Ordinance. Chapter 171 creates a zoning overlay district more specifically designed to implement zoning regulations in the area of the Town located in the overlay district. The Official Zoning Map for the Town shows the underlying zoning categories in the overlay district;and to the extent that Chapter 171 creates more extensive,restrictive,or different zoning regulations,the terms,conditions and requirements of Chapter.171 are intended to take priority,and'remain in full force and effect in the Lower St.Croix Riverway Rural Residential Overlay District in the Town. b) Compliance. No structure or land shall hereafter be used, no land use shall be substantially changed, and no structure or part thereof in the Town shall hereafter be located,erected,moved,reconstructed,extended,enlarged, converted or structurally altered without full compliance with the provisions of this Chapter and all other applicable 'Town, regulations, specifically including Chapter 171 of this Code of Ordinances. State and St. Croix County regulations also affect and regulate land use in the Town and in the Riverway Overlay District. 2, Use,How Described and Allowed a) Permitted Uses. Permitted uses are uses that are expressly allowed by this Chapter in specific zoning districts shown on the Official Zoning Map. Permitted uses are not conditional uses. b) Accessory Uses. Accessory uses and specified accessory structures are permitted in any district only after the principal structure to which they are accessory has come into existence or is under construction. C) Conditional Uses. (1). Conditional uses are not inherently incompatible with permitted uses but could create special problems and hazards if allowed without the imposition of conditions by the Town. A permit is required under this Chapter to engage in a conditional use. Conditional use permits require application,review,public hearing and recommendation by the Plan Commission and approval by the Town Board in accordance with Section V.of this Chapter. Conditional uses are not permitted uses. (2) When a conditional use becomes a permitted use by Town action, as by amending this Chapter, the conditional use permit terminates. The establishment of new or different conditional uses) for such property with or without a conditional use permit requires review, public hearing and recommendation by the Plan Commission and approval by the Town Board in accordance with Section V. (3) If such a conditional use is discontinued, abandon or terminated for a twelve (12) month period, the conditional use permit becomes null and void. 3. Reduction or Joint Use No lot, yard, parking area, setback, building area, open space requirement, or other space shall be reduced In area or dimension so as not to meet the provisions of this Code. 4. Site Regulations a) Site Suitability. Noland shall be used or structure erected where the land is held unsuitable for such use or structure by the Town by reason of flooding,concentrated runoff,inadequate drainage,adverse soil or rock formation,slope, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health,safety, prosperity,aesthetics and general welfare of this community.The Plan Commission,in applying the i DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 provisions of the Section,shall in writing recite the particular facts upon which it bases its conclusion that any land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he/she desires.Thereafter,the Plan Commission may affirm, modify,or withdraw its determination of unsuitability when making its recommendation to the Town Board. b) Road Frontage. All lots and parcels shall'abut upon a public road or other officially approved means of access to a public road. C) Principal Structures, Principal Residential Structures. There shall be no more than one (1) principal structure located, erected or moved onto any lot of record. Principal residential structures on platted, residential lots on which a single-family resides may have more than one building on the lot for that family's residential use where all requirements of this Chapter and other applicable regulations, particularly including those concerning waste treatment and water,are also met. Where additional principal residential structures are permitted the Town Board, taking into consideration the recommendation of the Plan Commission,may impose restrictions or requirements in addition to those generally required by district regulations, including requiring a PUD, enhanced yard, landscaping or parking requirements and establishing minimum separation distance from principal structures on adjoining lots. 5. Event Plans. Event plans are'reguired for permitted and conditional uses in all zones when events or activities are planned for,or expected to,have more than 300 people in attendance duringa 24 hour period unlessthe event or activity being planned has previously been specifically authorized and adequately_planned for in a conditional use permit affecting the subject property. Town review and approval of event plans protects the health,safety and welfare of Town residents and event attendees,volunteers and staff by requiring an adequate level of advance planning and by allowing for adequate notification of the planned event to area residents and to emergency and protective services that serve the area. No event or activity for which'an event plan is required shall be held in the Town unless the property owner has first presented an event plan for approval,verified that the event will be held in conformity with the plan and obtained Town approval of the event plan. a) The property-owner shall prepare and submit an event plan to the Town for review and response. The event pian shall be distributed to affected area emergency and protective services by the Town once approved, and must be ready for distribution at least 30 days prior to the date of the planned event or activity. To this end,it is suggested that event plan applications be submitted to the Town at least 90 days prior to the planned event, as the event or activity cannot be held iftjmelV notice of it cannot be provided to area emergency responders byway of an approved event plan. b) Event plans will usually be submitted for individual planned events or activities. Event plans can also be submitted on an annual basis when more than one event or activity is planned for the same location•so long as each such planned event or activity has a full and separate event plan presented for it within the annual event plan approval request. Annual event plans shall be submitted for Town approval every year. c) Event plans shall be submitted bV the property owner to the Zoning Administrator,who is authorized to review and approve them on behalf of the Town. In situations where the Zoning Administrator is unable to conclude from the event plan and other materials submitted that it is readily apparent that ail requirements of this sub-section will be met and that the health, safety and welfare of Town residents, event attendees, staff and volunteers can be adequately protected by the property owner when the event plan is implemented,the event plan can be amended and re-submitted to the Zoning Administrator. The Zoning Administrator can also refer event plans to the Plan Commission, which is then authorized to hold a public hearing concerning it, and which shall review and make recommendations on the event plan to the Town Board,which ultimately takes action concerning it. A property owner can also request that the Plan Commission review an event plan,hold a public hearing concerning it and make recommendations to the Town Board and that the Town Board then take final action on an event plan application instead of the Zoning Administrator. d) The Zoning Administrator, Plan Commission and Town Board are authorized to request additional information as part of event plan review and to approve, approve with conditions or reject event plan proposals. The decision- making standards for the Plan Commission and the Town Board are the same as for the Zoning Administrator. Event —2— DRAFT amendments for Plan Commission•public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 plans may be revised and additional materials submitted during Zoning Administrator Plan Commission or Town Board review. The Town will also consider the prior success or failure of the property owner to protect the health safety and welfare of Town residents,event attendees,staff and volunteers at events and to conduct past events in conformity with previously approved event plans when considering event plan approval requests. e) Event plans shall be submitted on forms provided by the Town and shall provide all information and supplemental material necessary to adequately address each of the following topics: (1) Date and hours of the event,such hours to be no earlier than 7:00 a.m.and no later than 11:00 p.m.the same day. (2) A site plan showing the specific location of the event,on the property and in relationship to public access showing adequate parking, points of public road ingress and egress, addressing whether an ingress and egress permit is required by the appropriate road jurisdiction and showing the location.of all tempora barricades,fencing and access/exterior signs. (3) The name and address of the owners, operators and sponsors of all food booths and food trucks, with property owner verification'that all food vendors at the event shall comply with ali'food sanitation and health requirements of the State of'Wisconsin and St.Croix County. (4) Whether application will be made for any, temporary license to sell wine or fermented malt beverages during the event,and if so by what organization. (5) The quantity, capacity and location of trash and recycling receptacles, portable toilets and sources of potable water,all of which shall be more than adequate forthe expected number of guests volunteers and staff. O The names and addresses of all owners of and residents on the property on which the event is proposed to occur plus all property owners and residents within 300 feet of the property line, with verification of how and when the applicant property owner has notified all adjoining owners arid.residents of the proposed event and provided them with contact information for the Zoning Administrator in the event that those given notice have questions,concerns or want to register support or opposition in advance of Town action on the event plan. (7) The company name,address and details on any private security measures that will be in place during the event. (8) When live music or motorized sport of any kind will be conducted,played or broadcast out of doors on the premises during the event, the event plan shall state the hours during which such activity will occur, whetherthe musicwill be amplified and shall verifVthat no event-related sound will be audible beyond the property line after 11:00 p.m.on the day of the event. (9) Proof of adequate event liability insurance coverage in the form of insurance binder or certificate, naming the Town as additional insured. (10) Identification and discussion of all other anticipated public safety issues known to the property owner and how the owner proposes to manage each issue. f)" . After approval the Town shall distribute the event plan to the area fire department, emergency medical service provider,St.Croix County Sheriff's Department Dispatch and any local law enforcement agency serving the area of the_ev_e_nt, at least 30 days prior to the occurrence of the approved event or, in the case of annual permits on an annual basis. . g) Given the finite public resources available to protect the health, safety and welfare of Town residents, event attendees,staff and volunteers,the maximum number of event attendees for which an event plan will be considered for approval is 3,500. h) An event plan application fee shall be paid to the Town by the property owner when the event plan is presented to the Town and in the amount set from time to time bV the Town Board, The fee shall be set in an amount that —3— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 recovers the Town's initial cost of administrative review and processing When the event plan requires staff extra attention"or Plan Commission and Town Board review will be undertaken the Town may also require an additional deposit to defray the costs of additional review and processing notices and conduct of public'hearings additional technical and professional services and any court reporter services deemed necessary by the Town as a condition of continuing the event approval process. i) Event plans are not required for the conduct of public general or special elections or primaries in the Town —4— ' DRAFT amendments for flan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 Chapter 170 Section D Traditional Residential District(TR-RES) 1. Purpose The purpose of the Traditional Residential District is to provide forthe orderly continuation of the platted area of high density residential development,established and zoned residential by action of St. Croix County prior to the effective date of this Chapter. This district is intended to include only that platted subdivision zoned Residential by St.Croix County prior to the effective date of this Chapter,shown on the Town's Official Zoning Map. Other areas of high density residential development platted by St.Croix County before the effective date of this Chapter and zoned Ag. Residential by the County shall remain in the Ag.Residential zone underthis Chapter,with any area and spatial nonconformities preserved and protected under Section U of this Chapter and to the extent consistent with Chapter 17.1 in situations involving land in the Lower St.Croix River Overlay District. Where there is inconsistency Chapter 171 will control. 2. Permitted Uses a) Permitted Uses. (1) One single-family residence (2) Poultry raising without male birds,and when no more than ten(10)'birds are housed on lots in major subdivisions that are smaller than 2.5 acres and no more than twenty(20)birds are housed on lots in maior subdivisions 2.5 acres or more in size. Five(5)birds per acre are allowed on lots and parcels not in a major subdivisions. Male birds are permitted in such lots or parcels when the property owner demonstrates Io the Zoning Administrator that all owners of contiguous property do not.object. Restrictive covenants may prohibit or otherwise limit poultry raising or other permitted uses. b) Permitted Accessory Structures. (1) Private garages and carports,gazebos and swimming pools. (2) Tool and storage sheds incidental to residential use (3) Other structures clearly incidental to the residential use of the property. c) Dogs as Household Pets. Lots or parcels under five (5)acres in size may have no•more than three (3) dogs over six(6) months of age as household pets. Lots or parcels that are five(5)acres to twenty(20) acres in size may have no more than five(5)dogs over six(6)months of age as household pets. Lots and parcels.greater than twenty(20)acres in size may have no more than seven (7)dogs over six(6) months of age as household pets. Greater dog populations and dog populations that are not household pets are regulated as Commercial Kennels. 3. Conditional Uses a) Major home occupations. I b) Duplexes. f• 'C) Pault-1.-a•,-Ing fer nen ....,imer ial p s(as a G ebla..vn,F as-pcts)pets)and. re esters. 4. Area,Setback and Height Requirements - a) Minimum Lot Area (1) one acre 'b) Minimum Setback. (1) Front Yard: Forty(40). (2) Side Yard: Fifteen(15)feet from property boundary to the building line. (3) Rear Yard: Twenty-five(25)feet from property boundary to the building line of the principal residential structure and five(5)feet from any accessory building. n)a�Maximum Height 35 feet 4e�Any future subdivision of previously platted lots after the effective date of this Chapter shall comply with the Town's Subdivision Ordinance and treated under that Ordinance as though the property had been zoned Ag-Residential. DRAFT amendments for Plan Commission public hearing 02.04.2016,and as modified by Plan Commission(this page only), Showing strikeouts and insertions of language amending Chapter 170 Chapter 170 Section E Agricultural Residential District(AG-RES) 1. Purpose The Agricultural Residential District is intended to provide for the maintenance,preservation and enhancement of agricultural and rural residential lands and include lands that: a) Historically were used for crop or related agricultural activity but not included in the Exclusive Agricultural District because generally better suited for small farm units and other similar small scale agricultural related activities;or b) Include areas where exclusive agricultural uses would not be warranted because mixed uses in existence prior to the effective date of this Chapter would not be compatible if such exclusive agricultural and non-agricultural uses are allowed in close proximity;or c) Include scattered rural residential sites within agricultural areas that, because of parcel size and other limiting physical characteristics,are not suitable for exclusive agricultural uses;or d) include areas-zoned Agricultural Residential and Agricultural District Two(Ag-2)by St. Croix County on the effective date of this Chapter. Area zoned Agricultural Residential of Ag-2 by St.Croix County on that date and not of size or use to qualify as a permitted use under this Chapter shall be treated as nonconforming. Landowners with such nonconforming use rights can also apply for a conditional use permit where available under the terms of this Chapter. 2. Permitted Uses a) Parcels 20 acres or larger. (1) Permitted Uses: (a) A single-family principal residential structure (b) Dairy farming (c) Livestock raising excluding commercial feed lots or fur farms (d) Grazing or pasturing of livestock (e) Horse paddocks (f) Poultry raising,exEludin,e^mmercial egg PFedU^*'^^limited to 100 birds when the parcel is in a major subdivision. (g) Apiculture(beekeeping) (h) Orchards (i) Sod farming (j) Plan nurseries,Wholesale (k) Raising of crops (1) Aquaculture (Fn) AgFiGUIWFal Tourism,for— e days eF 24 nonconseGutive days(as could be parking,eight three day weekends)in any 12 maMh peFied. Agrie-ultul.rall Te-u-Fism activities may also Heme QGGUPatl9RS. FOF all suGh aGtivaties that aFe planRed foF bF expeaed to have an attendance of More than 100 people In a 24 hour peried,an event plan that provides for adequate,on site preposed days and hGuF5 of operatiGn,an ingress and egress peFmit from the apprepriate read jurisdiction,adequate sanitation measures,signage,Sellid-vi-a-ste Management and other ppblie safety issues shall be filed in the effiee ef the Town Clerk,for advanee Feview and aPPFOval by the Zoning action on any sueh appliGaVOR WheFe the application fails to make It Feadi'Y appaFent that the he@I and safety of the attendees and of the public will be adequately IaFeteeted. AfteF Feceiving Town appFeval the applicant shall provide the same information and evidenee Of T9W19 appFeval to the , year. DRAFT AMENDMENTS FOR PLAN COMMISSION PUBLIC HEARING ON 02-04-2016,and as modified by Plan Commission(this page only)(changes highlighted throughout) Chapter 170 Section E Agricultural Residential District(AG-RES) 1. Purpose The Agricultural Residential District is intended to provide for the maintenance, preservation and enhancement of agricultural and rural residential lands and include lands that: a) Historically were used for crop or related agricultural activity but not included in the Exclusive Agricultural District because generally better suited for small farm units and other similar small scale agricultural related activities;or b) Include areas where exclusive agricultural uses would not be warranted because mixed uses in existence prior to the effective date of this Chapter would not be compatible if such exclusive agricultural and non- agricultural uses are allowed in close proximity;or c) Include scattered rural residential sites within agricultural areas that, because of parcel size and other limiting physical characteristics,are not suitable for exclusive agricultural uses;or d) Include areas-zoned Agricultural Residential and Agricultural District Two(Ag-2)by St.Croix County on the effective date of this Chapter. Area zoned Agricultural Residential of Ag-2 by St.Croix County on that date and not of size or use to qualify as a permitted use under this Chapter shall be treated as nonconforming. Landowners with such nonconforming use rights can also apply for a conditional use permit where available under the terms of this Chapter. 2. Permitted Uses a) Parcels 20 acres or larger. (1) Permitted Uses: (a) A single-family principal residential structure (b) Dairy farming (c) Livestock raising excluding commercial feed lots or fur farms (d) Grazing or pasturing of livestock (e) Horse paddocks (f) Poultry raising,limited to 100 birds when the parcel is in a major subdivision (g) Apiculture(beekeeping) (h) Orchards (i) Sod farming (j) Plant nurseries,Wholesale (k) Raising of crops (1) Aquaculture (m)Agricultural Tourism, up to 130 consecutive days or 24 nonconsecutive days (as could be eight three-day weekends) in any 12 month period. Agricultural Tourism activities may also be Home Occupations (n) Event plans are required under certain circumstances. See Section B. (2) Permitted Accessory Structures: (a) General farm buildings(barns,silos,sheds,chicken coops,and storage bins) (b) Private garages and carports,gazebos,swimming pools,stables,and greenhouses. b) Parcels 5 acres to less than 20 acres in size. 1 DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeduts and insertions of language amending Chapter 170 (m)Agricultural Tourism,for up to 130 consecutive days or 24 nonconsecutive days(as could be eight three- ..day weekends)in any 12 month period. Agricultural Tourism activities may also be Home Occupations (n) Event plans are required under certain circumstances. See Section B. (2) Permitted Accessory Structures: (a) General farm buildings(barns,silos,sheds,chicken coops and storage bins) (b) Private garages and carports,gazebos,swimming pools,stables,and greenhouses. b) Parcels 5 acres to less than 20 acres in size. •(1) Permitted Uses: (a)A single-family principal residential structure (b)Livestock raising,excluding commercial feed lots or fur farms (c) Grazing or pasturing of livestock (d)Horse paddocks (e)Poultry raising exsludin g Gemmc Gial egg produalen and excluding reGst^ s excluding male birds,and limited to 20 birds when the lot 6r parcel is a major subdivision. 5 birds per acre are allowed on lots and parcels not in a major subdivision. Male birds are permitted in such lots or parcels when the property owner demonstrates to the Zoning Administrator that all owners of contiguous property do not object. (f) Apiculture(beekeeping) (g) Orchards (h)Plant nurseries,Wholesale (i) Raising of crops 0) Aquaculture (k)Agricultural Tourism, for up to 130 consecutive days or 24 non-consecutive days(as could be eight three-day weekends)in any 12 month period. Agricultural Tourism activities may also Home Occupations. FaF 4such activities that are planned for er expeGted to h@ve @1:1 of Fnare th@R 199 peeple in a 24 heur peFl9d,an'event plan that pFevides for adequate,an site parldmg, p4:Gposed days ef oper@tien, an inginess and. egress permit ffom,the ^t^ ad b Administrator may refeF }� Zoning LLservieipg fire aetion on any sych application where the appliemien falls to make it FeadNy app@pent that t4e4eaft4:� and safety of the attendees and of the pubiiG will be 2dequatpely pinAeteeted. Aftel: rpeeivi-n-9 Town approval the applicant shall provide the same information and evidence of Town approval to the , department, activities,emergene . t least 30 days prior to the start of any such agricultuml touri5rn @etlyity,and in eveFy @IendaFye@r. (I) Event plans are required under certain circumstances. See Section B. . (2) Permitted Accessory Structures: (a) General farm building(barns,silos,sheds,chicken coops and storage bins) (b) Private garages and carports,'gazebos,swimming pools and greenhouses C) Parcels less than 5 acres.in size. (1) Permitted Uses: (a) Single-family principal residential structure (b) Poultry raising,excluding male birds,and limited to 10 birds on lots smaller than 2.5 acres and up to 20 birds on lots 2.5 acres or more in size,when the lot or parcel is in a maiorsubdivision. 5 birds per acre are allowed on lots and parcels not in a major subdivision. Male birds are permitted in such lots or parcels when the property owner demonstrates to the Zoning Administrator that all owners of contiguous propertV do not object. L) Event plans are required under certain circumstances. See Section B. —2— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (2) Permitted Accessory Structures: (a) Private garages and carports,gazebos,swimming pools,and greenhouses (b) Tool,chicken coops and storage sheds incidental to residential use d) Restrictive covenants may prohibit or limit poultry raising or other uses permitted by this ordinance. 3. Conditional;Uses a) Parcels 20 acres or larger. (1) Conditional use permit required under Section V: (a) Contractor's storage yard. Any such yard shall be so placed or screened by planting as not to be visible at any time during the year from any public highway or any residential building other than that of the owner of such yard,his agent,or employee. (b) Commercial kennels_,located not less than three hundred(990)feet from @11 property lines and So from any potable water supply,and when all @nimals are housed indoors from 9:00 p.m.to 6:00 . daily,when no more than two animals six menths or older are kept in any when Re mere y than two animals qix months or older are outside at any time and when ba*suppression deviees are used an all dogs six months o GkIer when outside (e) C-Gmrnerc-!@!kennels,located not less than three hundred(300)feet from all property lines @Rd 59 feet frorn any potable water supply-,and when all animals are housed indoors from 9:00 P.M.to 6!00 .use . daily,when no mere than two animals six months or older are kept in any enGlesure,when no more than two animals six menths oF older are outside at any time and when bark suppresgion deviGes are A on degs six rnenths n older,when eut& Jn W 4d4 Quarrying or gravel pits, subject to the provisions of the St. Croix County Nonmetallic Mining Ordinance. {e}(d) Dams,power plants,flowage areas,telephone,telegraph,cable television and power transmission towers, poles and lines, including transformers, substations, relay stations, equipment housing and othersimilar necessary appurtenant facilities,radio relay towers;provided that such facilities are found to be necessary and are located to avoid unreasonable interference with other uses permitted or existing in the district. See requirements of Section T. ff}(e) Agricultural Tourism activities for more than 130 consecutive days or 24 nonconsecutive days(as could be eight three-day weekend)in any 12 month period.Agricultural Tourism activities may also be Home Occupations. than 100 people in a 24 hour period,event planning meeting 211 requirements of subsec-tions 1a)(1)(m) of this Section shall be Part Of any GGndit!Gn@l use permit requirements. (g3(f) Temporary establishment and operation of a portable asphalt hot mix plant for the production of material used in the construction or maintenance of public roads and limited in time by contract to a specific project duration. {+ Jg) Temporary establishment and operation of a portable ready-mix concrete plant forthe production of material used in the construction or maintenance of public roads and limited in time by contract to a specific project duration. k4L( Bed and breakfast establishment as defined in Wis.Stats.§254.61(1). 4)ftGolf course and uses incidental to a golf course,including a clubhouse/restaurant facility serving food and beverage. kl�4r;) Major Home occupations. See requirements of Section R. —3— DRAFT.'amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter-170 k4 k) Recreational vehicle and boat storage. km4jI-One roadside stand•operated seasonally, where the majority of the items for sale are grown, produced,or created on the premises or in the Town of Troy,and which does not exceed three hundred (300)square feet in area. (n) Keeping of exetie'ahim-als- k�4(m) Horse boarding or training facilities. (�Lnj_Non-profit religious, community service, recreational and educational retreat facilities uses, structures and accessory structures. (o) Event plans are-required under certain circumstances. See Section B. b) Parcels 5 acres to less than 20 acres'in size. (1) Conditional use permit required under Section V: (a) Contractor's storage yard. Any such yard shall be so placed or screened by planting as not to be visible from any public highway or any residential building other than that of the ownerof such yard,his agent, or employee. (b) Commercial Kennels fF6M @ny patable water supply,and when all @�IMal_q Rre 1991-1-5ed indE)E)FS fFBM 9-90 P.M.tE)6:00 . in An"PnP.111.,;l1re,when Re mer-e d@11y,-when no Mare than two @nim@ls six menths er elder are kept ------ devices e (c) Dams, power-plants, flowage areas, .telephone, telegraph, cable television, cellular and power transmission towers, poles and lines, including transformers, substations, relay stations, equipment housing and other similar necessary appurtenant facilities, radio relay towers, provided that such facilities are found,to be necessary and to be located as to avoid unreasonable interference with other uses permitted or existing in the district. See requirements of Section T. (d) Temporary establishment and operation of a portable asphalt hot mix plant for the production of material used in the construction or maintenance of public roads and limited in time by contract to a specific project duration. (e) Temporary establishment and operation of a portable ready-mix concrete plant for the production of material to be used in the construction or maintenance of public roads and limited in time by contract. to a specific p roject.d u ration. (f) Bed and breakfast establishment as defined in Wis.Stats. §254.61(1). (g) Major home occupations. See requirements of Section R. (h) Recreational vehicle and boat storage. (i) One roadside stand operated seasonally,where the majority of the items for sale are grown,produced or created on the premises or in the Town of Troy,and which does not exceed 300 square feet in area. Keeping.,f ex -4— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language'amending Chapter 170 . Horse boarding or training facilities. C {})(k) Non-profit religious,community service,recreational and educational retreat facilities,uses,structures and accessory structures. (1) Agricultural tourism activities for more than 130 consecutive days or 24 nonconsecutive days(as could be eight three-day weekend)in any 12 month period.Agricultural Tourism activities may also be Home ` Occupations.aAJ -be-"rt ef any eanditional use permit (m) Event plans are required under certain circumstances. See Section B. C) Parcels less than 5 acres in size. (1) Conditional use permit required under Section V: (a) Home occupations. See requirements of Section R. (b) Bed and breakfast establishment as defined in Wis.Stats.§254.61(1). ' (e) D I+ _._. g, -.._t ding.-,.Y.,., ereial egg p Fed uctien,and exel ding FE)Ostems kQ c) One roadside standoperated seasonally where the majority of the items for sale are grown, produced or created on the premises or in the Town of Troy,and which does not exceed 300 square feet in area. I (d) Event plans are required under certain circumstances. See Section B. 4. Area,Setback,and Height Requirements -The intent of these requirements is to be consistent with and subject to all applicable provisions of Chapter 135,the Town Subdivision Ordinance,specifically including Sec.135-6 dealing with subdivision design standards and Sec.135-7 dealing with density ratio, minimum lot size and other development standards. In the event of.any inconsistency,the requirements of Chapter 135 shall prevail. a) Parcels 20 acres or larger. (1) Minimum Setback:- (a) etback:-(a) Front Yard: 150 feet from right-of-wayto building line or 170 feet from paved road surface,whichever is greater. (b) Side Yard: 50 feet from property boundary to the building line. (c) Rear Yard: 50 feet from property boundary to the building line. (2) Maximum Height: (a) Principal residence and accessory building except silos,45 feet (b) .Silos,85 feet b) Parcels 5 acres to less than 20 acres in size. (1) Minimum Setback: (a) Front Yard: 150 feet from right-of-way to building line or 170 feet from paved road surface,whichever is greater. (b) Side Yard: 50 feet from property boundary to the building line. (c) Rear Yard: 50 feet from property boundary to the building line. (2) Maximum Height: (a) Principal residence and accessory building except silos: 45 feet _5_ DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (b) Silos: 85 feet C) Parcels between 2.5 acres and 5 acres in size. (1) Minimum Setback: (a) Front Yard: 150 feet from right-of-way to building line or 170 feet from paved road surface,whichever is greater. (b) Side Yard: 50 feet from property boundary to the building line. (c) Rear Yard: 50 feet from property boundary to the building line. (2) Maximum Height: 45 feet. d) Parcels less than 2.5 acres in size. (1) Minimum Setback: (a) Front Yard: 75 feet from right-of-way to building line or 95 feet from paved road surface,whichever is greater. (b) Side Yard: 25 feet from property boundary to the building line. (c) Rear Yard: 25 feet from property boundary to the building line. (2) Maximum Height: 45 feet 5. Limitation on Animals and Animal Units a) Animal Units. The keeping and raising of livestock and nvn+is animals for^^r: business including poultry for show, breeding or other purposes is generally permitted,but is limited in terms of"animal units". "Animal units"are defined and calculated under the provisions of Wis.Admin.Code Chapter NR§243.05. Domestic animals not specifically listed there are permitted based upon one thousand (1000) total pounds of animals being equivalent to one animal unit. The following regulations apply to all animal units, ept household pets: (1) No animal units may be kept on lots or parcels in a major subdivision unless provided for in the plat and/or the restrictive covenants affecting the plat. (2) On parcels and lots not in a major subdivision, one animal unit is allowed per acre of land available and suitable for animal waste utilization,consistent with NRCS,590 Nutrient Management Conservation Practice Standard. b) Livestock facilities of all sizes are also subject to all applicable requirements of Wis.Admin. Code Chapters NR 243 (Animal Feeding Operations), NR 151(Run Off Management,ATCP 51(Livestock Facility Siting),St. Croix County Code of Ordinances Chapter 11 (Animal Waste Storage Facilities) and Natural Resources Conservation Service (NRCS) Conservation Practices Standard Code 590,on Nutrient Management. c) Lets or parcels three (3) @Gres in size or largeF may have up to fouF(4) dogs ever six (6) months ef age. Deg populatiens greateF than this on lots of this size are regulated as Gemmerelal Kennels. Lots or pareels less than three(3)aeres in size m-ay have L. p to two (2)degs eveF f, (4)month of age. Dogs as Household Pets. Lots or parcels under 5 acres in size may have no more than 3 dogs over 6 months of age as household pets. Lots or parcels that are 5 acres to 20 acres in size may have no more than 5 dogs over 6 months of age as household pets. Lots and parcels greater than 20 acres in size may have no more than 7 dogs over 6 months of age as household pets. Greater dog populations,and dog populations that are not household pets,are regulated as Commercial Kennels. d) Exotic Animals.. Geneinally, Tthe raising and housing of exotic animals is not permitted in the Agricultural Residential District. An exotiG animal is generally considered to be Rin—nnimia;1I riet,normally adapted to We and breed in a tame eendition, intradueed from anotheic eeuRtFy er net normally kept as a househeld pet er faFm animal. However-,,.main animals,inGluding but net limited to Llamas,ostriches and emus kept for purposes of husbandry and sale; are not considered to be exotic animals -6- DRAFT amendments for Flan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 its un der this Secti,, and are instead treated as livestock and as animal units under all applicable provisions of Wisconsin Statutes and the Administrative Code. —7— i DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 Chapter 170 Section F Exclusive Agricultural District(AG) 1, Purpose The Exclusive Agricultural District is created to establish and protect areas within which agricultural uses may exist and prosper,free from future conflict with residential development and other urban land uses, and to avoid the operational conflicts which can occur when farm and nonfarm residential uses become too interspersed. The Exclusive Agricultural District includes all areas that had been zoned Agricultural by St.Croix County.on the effective date of this Chapter,and as shown on the Town's Official Zoning Map. Areas zoned Agricultural by St.Croix County on that date and not of a size or use to qualify as a permitted use under this Chapter shall be treated as nonconforming. Landowners with such nonconforming rights can.also apply for a conditional use permit where available under the terms of this Chapter. The Exclusive Ag District is not a farmland preservation zoning district as defined by Wis.Stats.§91.01(18). 2. Permitted Uses a) Permitted Uses (1) General farming, including beekeeping, egg production, floriculture, dairy, forest management, roadside stands selling only produce from the farm operation on the premises by members of the farm family, aquaculture, sod farming, livestock, poultry raising, nurseries, greenhouses, vegetable raising, raising of crops,grass,and other similar uses,including placing land in federal programs for commodity payments or enrolling land in the conservation reserve program under 16 U.S.C. §3831 to 3836, but excluding farms operated for the disposal or reduction or garbage, sewage, rubbish or offal; subject to the following restrictions: (a) No new, non-replacement livestock facilities, structures and other buildings for the housing of livestock or poultry for which a building permit is issued after the effective date of this Chapter shall be located within 100 feet of any property line or public right of way if said building will have fewer than 1,000 animal units. If the said livestock facility,structure or other building will have 1,000 animal units or more,it shall be set back 200 feet from any property line and 150 feet from a public road right of way. (b) No general agricultural farming operations shall have facilities containing more animal units than permitted under Subsection 5 of this Section. (2) Properly constructed and permitted concentrated animal feeding operations, livestock facilities and waste storage facilities or structures,subject to all applicable state and county requirements. (3) Agricultural Related Uses. (4) Agricultural Tourism, for up to 130 consecutive days or 24 nonconsecutive days, (as could be eight three- day weekends)in any twelve month period. When such activities^ planned f.,.- expected to draw attendance of more than 1:00 people in a 24 hour periad, event planning meeting all Fequirement Sectlen is requiFed,in adv Agricultural Tourism activities may also be Home Occupations. (5) Event plans are required in certain circumstances. See Section B. II ()(6) A single-family principal residential structure occupied by any of the following: (a) An owner of the parcel on which the dwelling is located. (b) A person who,or a family at least one adult member of which,currently earns the majority of his or her gross income from conducting the farm operations on the parcel. (c) A parent or child of an owner of the parcel who conducts the majority of the farm operations on the parcel. DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (d) A parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel. k*J ) Single-family residential dwellings and related farm structures existing on the-effective date of this Chapter and remaining after farm consolidation may be separated from the original farm parcel as part of a farm consolidation,provided that the parcel and improvements conform with all applicable Town regulations. b) Permitted Accessory Structures (1) General farm buildings including barns, silos, sheds and storage bins and properly permitted livestock facilities,waste storage facilities and structures. (2) A barn, silo, shed or storage structure used solely for farming shall be permitted before a single-family residential dwelling is constructed. (3) Private garages and carports,gazebos,swimming pools,and greenhouses. (4) One roadside stand operated seasonally where the majority of items for sale are grown, produced or created on the premises or in the Town of Troy,and that does not exceed three hundred(300)square feet in area. 3. Conditional Uses. (a) Licensed game management or fur farms governed by Wisconsin Statutes Chapter 29 and similar specialized operations. (b) Electrical generating facilities designed for nominal operation at a capacity of less than 12,000 kilowatts,telephone, telegraph and power transmission towers, poles and lines, including transformers, substations, relay stations, equipment housings and other similar necessary appurtenant facilities, natural gas transmission facilities,cellular, radio and television transmission towers and microwave radio relay towers,provided that such facilities are found to be necessary and are so located as to avoid unreasonable interference with other uses permitted or existing in the district. See requirements of Section T. (c) Agricultural Tourism activities for more than 130 consecutive days or 24 nonconsecutive days (as if in eight three day weekends)in anytwelve month period. When sueh activitiesaFe ,f GF r ,+ ++,,.,a.,.,,.,, ef mere than 1:00 people in a 24 hour period,event planning meet;Rg all*requiremeRts 9f SeGtiGR&2,a)(1)(m)and E. 1b)(1)(lo of this Chapter n b part f 11th ...i .,,;+- e Agricultural Tourism activities may also be Home Occupations. (d) Communication,wind power or similar towers,not including silos or elevators. See requirements of Section T. (e)• Home occupations. See requirements of Section R. {g)(fiL_Horse boarding or training facilities. (g) ' One roadside stand,operated seasonally,where the majority of the items for sale are grown,produced or created on the premises or locally,as in the Town of Troy,and that is larger than three hundred(300)square feet in area but does not exceed three thousand(3,000)square feet in area. (h) Commercial Kennels. (14}(i) Event plans are required in certain circumstances. See Section B. 4. Area,Setback,and Height Requirements a) Minimum Lot Area 35 acres b) Minimum Setback (1) Front Yard: One hundred(100)feet from right-of-way to building line. (2) Side Yard: Fifty(50)feet from property boundary to building line. (3) Rear Yard: Fifty(50)feet from property boundary to building line. (4) Livestock facilities,structures and other buildings for the housing of livestock or poultry are separately and additionally subject to the setback requirements of Subsection 2 of this Section —2— DRAFT amendments for Plan Commission public hearing 02.04.2016,and as modified by Plan Commission(this page only), Showing strikeouts and insertions of language amending Chapter 170 C) Maximum Height (1) Principal residence and accessory buildings except silos—Forty-five(45)feet. (2) Silos—Eighty-five(85)feet. 5. Limitations on Animal Units a) The keeping and raising of livestock for agri-business,show, breeding or other purposes is permitted but limited in terms of "animals units". Where concentrated animal feeding operations, livestock facilities and waste storage facilities or structures are not involved,such activity is limited to one animal unit for each one(1)acre of contiguous lot or parcel area suitable for animal waste utilization,consistent with.NRCS 590 Nutrient Management Conservation Practice Standard. "Animal units"are defined and calculated under the provisions of Wis.Admin.Code Chapter NR § 243.05. Animals not specifically mentioned there shall be permitted based upon one thousand (1,000) total pounds of animals being equivalent to one animal unit. b) Concentrated animal feeding operations, livestock facilities and waste storage facilities are also subject to all applicable standards under the following regulations as enforced by State,County and Town,and as amended from time to time,including but not limited to: (1) Wis.Stats. §93.90 and Wis.Admin.Code Chapter ATCP 51,on Livestock Facility Siting. (2) Wis.Stats.Chapter 92,Soil and Water Conservation and Animal Waste Management_ (3) Wis.Admin.Code Chapter NR 243,Animal Feeding Operations. (4) Wis.Admin.Code Chapter NR 151,Runoff Management. (5) St.Croix County Code of Ordinances Chapter 11,Animal Waste Storage Facilities. (6) USDA Natural Resources Conservation Service(NRCS)Conservation Practice Standard Code 590: Nutrient Management Conservation Practice Standard. C) Exotic Animals. The raising and housing of exotic animals is not permitted in the Exclusive Agricultural District. A44 exetie anknal is generally eensideFed to be an animal not normally adapted to live and bFeed in a tame condition , ^dudiRg but Ret limited to 11-lamas, ostriches and emus kept for purposes of animals husbandry and sale-are not considered to be exotic animals,.. deF this SeAiGR. Exotic-,nim and are instead-treated as animal units under all applicable provisions of Wisconsin Statutes and the Administrative Code. 6. Dogs as Household Pets. Lots or parcels under five(5)acres in size may have no more than three(3)dogs over six months of age as household pets. Lots or parcels that are 5 acres to 20 acres in size may have no more than five(5)dogs over six(6)months of age as household pets. Lots and parcels greater than 20 acres in size may have no more than seven (7) dogs over six (6) months of age as household pets. Greater dog populations, and dog populations that are not household pets, are regulated as Commercial Kennels. DRAFT AMENDMENT FOR PLAN COMMISSION PUBLIC HEARING ON 02-04-2016 and as modified by Plan Commission(this page only) 4. Area,Setback,and Height Requirements a) Minimum Lot Area 35 acres b) Minimum Setback (1) Front Yard: One hundred(100)feet from right-of-way to building line. (2) Side Yard: Fifty(50)feet from property boundary to building line, (3) Rear Yard: Fifty(50)feet from property boundary to building line. (4) Livestock facilities, structures and other buildings for the housing of livestock or poultry are separately and additionally subject to the setback requirements of Subsection 2 of this Section C) Maximum Height (1) Principal residence and accessory buildings except silos—Forty-five(45)feet. (2) Silos—Eighty-five(85)feet. S. Limitations on Animal Units a) The keeping and raising of livestock for business,show,breeding or other purposes is permitted but limited in terms of "animal units". Where concentrated animal feeding operations,livestock facilities and waste storage facilities or structures are not involved, such activity is limited to one animal unit for each one (1) acre of contiguous lot or.parcel area suitable for animal waste utilization, consistent with NRCS 590 Nutrient Management Conservation Practice Standard. "Animal units"are defined and calculated under the provisions of Wis.Admin.Code Chapter NR§ 243.05. Animals not specifically mentioned there shall be permitted based upon one thousand (1,000)total pounds of animals being equivalent to one animal unit. b) Concentrated animal feeding operations, livestock facilities and waste storage facilities are also subject to all applicable standards under the following regulations as enforced by State, County and Town,and as amended from time to time,including but not limited to: (1) Wis.Stats. §93.90 and Wis.Admin.Code Chapter ATCP 51,on Livestock Facility Siting. (2) Wis.Stats. Chapter 92,Soil and Water Conservation and Animal Waste Management. (3) Wis.Admin.Code Chapter NR 243,Animal Feeding Operations. (4) Wis.Admin.Code Chapter NR 151,Runoff Management. (5) St.Croix County Code of Ordinances Chapter 11,Animal Waste Storage Facilities. (6) USDA Natural Resources Conservation Service (NRCS) Conservation Practice Standard Code 590: Nutrient Management Conservation Practice Standard. C) Exotic Animals. The raising and housing of exotic animals is not permitted in the Exclusive Agricultural District. Llamas,ostriches and emus kept for purposes of animal husbandry and sale are not considered to be exotic animals and are instead are treated as livestock and as animal units under all applicable provisions of Wisconsin Statutes and the Administrative Code. 6. Dogs as Household Pets. Lots or parcels under five(5)acres in size may have no more than three(3)dogs over six(6)months of age as household pets. Lots or parcels that are 5 acres to 20 acres in size may have no more than five(5) dogs over six(6)months of age as household pets. Lots and parcels greater than 20 acres in size may have no more than seven(7)dogs over six(6)months of age as household pets. Greater dog populations, and dog populations that are not household pets,are regulated as Commercial Kennels. 3 DRAFT amendments for Plan Commission public hearing 02.04.2016 Showing strikeouts and insertions of language amending Chapter 170 TABLE FROM CHAPTER 170—SECTION K Town of Troy Table 1-Commercial Zoning District Summary Office Park- General Retail Town Center Limited Medical Clinic and Service Proposed Use 170 170 170 170' Section LJ Section MK Section N_L Section OM (COM-OP/MC) (COM-GR/S) (COM-TC) (COM-LTD) P=PERMITTED/C=CONDITIONAL/A=ACCESSORY USES Accountants P P P A All Forms of Small Shop Retail and Everyday Services P P Animal Food Stores P P Automobile and Truck Repair P Automobile Body Shops P B&Bs P Bakeries P P Bars P P P Boat and Marine Sales C C Branch Banks P P Churches C Clinics P C C Clothing and Other Discount Retailers P C Contractor Storage Yards C Day Care C C Delis A P P Delis and Fast Food/Eat-in Providers A P P Dentists P P P Dry Cleaning P P Entertainment P P Farm and Home Equipment Repair C Fast Food Drive Thru P Garden Stores C C Government Services P P DRAFT amendments for Plan Commission public hearing on 02.04.2016 Showing strikeouts and insertions of language amending Chapter 170 TABLE IS FROM CHAPTER 170--SECTION K Town of Troy Table 1-Commercial Zoning District Summary Office Park- General Retail Town Center .Limited Medical Clinic and Service Proposed Use 170 170 170 170 Section LJ Section MK Section NL Section OM (COM-OP/MC) (COM-GR/S) (COM-TC) (COM-LTD) P=PERMITTED/C=CONDITIONAL I A=ACCESSORY USES Heliports C Home Product P P. Hotels A C Indoor and Outdoor Recreational Venues P C Indoor Farm Supply A Indoor Garden Center A Indoor Recreational Facilities P P Indoor Seasonal Boat Storage A Laboratories P Landscaping Contractors and General Warehousing(Where Such Use Involves the Outdoor Storage of Vehicles,Equipment,or Material) C P Large Footprint Grocery P Law and Other Professional Services P P C Law Practices P P C Lifestyle Centers P C Limited Propane or Other fuel Storage Facilities Where Fuel is Held for C Delivery and Sale Liquor Stores P P Medical and Technical Research Facilities(Including Limited Clean Room C Assembly Operations) Medical Equipment Sales A Medical Specialties P P C Mortuaries Providing On-Site Cremation C Mortuary Not Providing On-Site Cremation A Motels A —2— DRAFT amendments for Plan Commission public hearing 02.04.2016 Showing strikeouts and insertions of language amending Chapter 170 TABLE FROM CHAPTER 170—SECTION K Town of Troy Table 1—Commercial Zoning District Summary Office Park- General Retail Town Center Limited Medical Clinic and Service Proposed Use 170 170 170 170 Section LJ Section MIS Section N_L Section OM (COM-OP/MC) (COM-GR/S) (COM-TC) (COM-LTD) P=PERMITTED/C=CONDITIONAL/A=ACCESSORY' USES Multiple Occupancy Medical Clinics and Office Buildings Providing P Facilities for Doctors Multiplex Movie Theaters P New and Used Vehicle Sales C C Nursing Homes C C Office A P A A Office Supply and Other Retail and Service Support Located Within an A Office Park or Larger Scale Medical or Office Facility Opticians P P P Outdoor Boat or Recreational Vehicle Storage C Outdoor Farm Feed and Supply Stores C C Outdoor Garden Centers C C Outdoor Recreational Facilities C C Outdoor Retail and Food Kiosks P P Pharmacies A P C Post Office Annex P P Professional Services P P P Restaurants P P Retail Fuel Sales and Delivery Facilities C Single Office Service Providers(Including Medical Providers and P P Attorneys) Single Screen Movie Theaters P P Small Day Care Facilities P P. Small Grocery P P Small Hard Stores P P —3— DRAFT amendments for Plan Commission public hearing on 02.04.2016 Showing strikeouts and insertions of language amending Chapter 170 TABLE IS FROM CHAPTER 170--SECTION K Town of Troy Table I—Commercial Zoning District Summary Office Park- General Retail. Town Center Limited Medical Clinic and Service Proposed Use 170 170 170 170 Section L3 Section MIS Section N_L Section OM (COM-OP/MC) (COM-GR/S) (COM-TC) (COM-LTD) P=PERMITTED/C-CONDITIONAL/A=ACCESSORY USES Small Office and Governmental Services P P Small Office Medical P P Small Specialty Food Stores P P Smaller Service and Retail Providers P P Specialty Grocery Stores P P Strip Shopping Centers C Temporary or Seasonal Sales or Services C C Temporary Seasonal Sales Such as Christmas Trees C C Uses Typically Found on Main Streets in Small Town America A Veterinarian Clinics C C Vision Sales A P P Warehouses for Commercial and Individual Use A —4— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 Chapter 170 Section V Conditional Uses 1. Purpose. This Chapter is premised upon the division of the Town into zoning districts where the use of land and buildings, and the location of buildings and structures in relation to the land for that use are mutually compatible and substantially uniform. However,there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any district because it is necessary to take into account the impact of the proposed use upon neighboring land or public facilities, and the public benefit of locating particular kinds of uses in specified zoning districts. Such uses, nevertheless, may be necessary or desirable to be'allowed in a particular district where not otherwise permitted when due consideration is first given to location,development and operation of such uses and their compatibility with permitted uses in a particular zoning district. Such uses are classified as conditional uses. A conditional use is one where a use of land, lot or building that is not expressly authorized in this Chapter'can be allowed after review, public hearing, recommendation by the Plan Commission,specific approval by the Town Board by issuance of a conditional use permit and subject to such site and neighborhood-specific conditions as are developed during that process. 2. Authority of the Plan Commission and Town Board;Requirements.. a) The Town Board may issue a conditional, use permit after review, public hearing, recommendation of the Plan Commission and approval by Town Board,when such conditional use and involved structure(s)..are found to be compatible with the purpose and intent of this Chapter and further found to be.not incompatible, hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community in-which the conditional 'use will take place. All conditional use permits shall specifically describe the permitted use and specify the period of time for which the permit is effective and any events, such as transfer of title'to the permitted premises, change in the type of business being conducted or death of the business operator,that would cause the permit to be terminated by the Town. b) Conditional use permit requirements including but not limited to landscaping, architectural •design, type of construction, construction commencement and completion dates, sureties,- lighting,-fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yard or parking requirements may be required by the Plan Commission and Town Board where appropriate or necessary to fulfill the purpose and intent of this Chapter. C) Compliance with all applicable provisions of this Chapter and all other provisions of the Town Code of Ordinances including but*not limited to lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall'be required of all permitted conditional uses. 3. Initiation of Conditional Use Permit Application. Any person or entity with full ownership rights,a tenant with the owner's.consent,•orthe purchaser under a signed purchase agreement for the land at issue may file a conditional use permit application. 4. Application for Conditional Use Permit. a) Conditional use permit application materials shall be prepared and submitted inconformity with current Town requirements, available in.written form from the Town Clerk, describing the . information required and general application deadline requirements. DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 b) The application shall be accompanied by any required application fee established by the Town Board,a scaled site plan showing the location,size and shape of the lot(s)involved and of any proposed structures or planned modification modifications to existing structures,the existing and proposed use of each structure and lot,and include a written statement from the applicant with adequate evidence to show how the proposed conditional use shall meet and be consistent with the standards set forth in this Chapter. c) A conditional use permit application shall not be deemed to have been validly submitted to'the Town.until the complete written application,signed by the applicant(s)and accompanied by all applicable required materials,has been personally delivered to the Town Clerk with sufficient copies of all'application materials to be delivered to the Town Attorney,Town Engineer and owners of land entitled to notice,and until receipt of the application has been acknowledged by the Plan Commission at its next regular monthly meeting following delivery of the complete application materials. The applicant is responsible for providing all such materials inconformity with all applicable requirements as established from time to time by the Town,and at the applicant's expense. d) The Town Board,Town Plan Commission,the Town Attorney or Town Engineer can require such other information as maybe necessary for processing an application and for the enforcement of 'this Section,including without limitation because of enumeration a site plan showing contours and soil types;highwater mark and groundwater conditions;bedrock,vegetative cover, specifications for areas of proposed filling,grading,and lagooning;location of buildings,parking areas,traffic access,driveways,walkways,open spaces and landscaping;plans of buildings, sewage disposal facilities,water supply systems and specifics of proposed operations. I e) Application fees shall be paid to the Town of Troy to defray the cost of review and processing,- official notification and posting and conduct of the public hearing..Costs incurred by the Town in obtaining legal,planning,engineering,publication,and notice requirements,and other technical and professional advice and any court reporter services in connection with review of the application and preparation of conditions to be imposed on such uses shall be paid by the applicant. When required by the Town a pre-payment deposit or other required guarantee covering such costs shall accompany the-application or be provided during the application process as a condition of continuing with the process. S. Site Review In making its recommendation,the Plan Commission shall review and evaluate each application,shall visit the proposed site and may request assistance from any source which can provide technical assistance. The Commission shall review and consider the site,existing and proposed structures,architectural plans, neighboring uses,parking areas,driveway locations,highway access,traffic generation and circulation, slopes,soils,.drainage,sewerage and water systems and the proposed operation/use. 6. Notice of Hearing on Application. Notice of the time,place and purpose of such a hearing shall be given by publication of a Class 2 Notice in the official Town newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, Plan Commission members, and the owners of record as listed in the office of the Town Treasurer who own property located in whole or in part within three hundred (300)feet of the boundaries of the properties affected,with notice to be mailed at least twenty(20)days prior to the date of the public hearing. The Plan Commission shall provide its report and recommendation to the Town Board within sixty(60)days after the public hearing,after which the Town Board shall take formal action on the'permit application. —2— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 7. Hearing on Application Requests for conditional use permits shall be first directed to the Plan Commission for its review and recommendation to the Town Board.After receipt of all required fees,deposits,application,and all related materials,the Plan Commission.shall hold a public hearing on each application for a conditional use at a time and place set by the Commission. A record of the proceedings shall be preserved. S. Standards for Conditional Use Permit. a) Standards. No conditional use permit shall be recommended by the Plan Commission or approved by the Town Board unless based upon findings that all of the following conditions are present: (1) That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the, public health, safety or general welfare of Town residents or the general public. (2) That the uses, values•and enjoyment of other property in the neighborhood for permitted purposes shall in no foreseeable manner be substantially impaired by the establishment,maintenance or operation of the conditional use,and that the proposed use is sufficiently compatible with the current use of adjacent land. (3.) That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. (4), That adequate utilities,access roads;drainage and other necessary site improvements have been ^r are being pmy de presently exist or will be undertaken and developed within a reasonable time,as determined by the Town.: (5) That adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public streets within a reasonable time, as determined by the Town. (6) That the conditional use shall conform to all applicable regulations of the district in which it is located and all applicable state and county regulations. This may include compliance with requirements affecting land in the Lower St. Croix Riverway Overlay , District. (7) That the proposed use does not violate St. Croix County•shoreland or flood plain regulations governing the site. (8) That adequate measures have been or will betaken-to prevent and control water pollution,including sedimentation,erosion and runoff. (9) Land in the Traditional Commercial District is eligible for a conditional use permit for ' similar commercial uses that are compatible with the uses to which the property is being put on the effective date of this Chapter. (10) Conditional Use permits for commercial kennels shalt meet all of the following requirements: (a) All kennel structures and runs shall be located at least 300 feet from all property lines and 50 feet from any potable water supply. —3— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (b) All kennel structures housing animals shall be soundproofed so that no audible animal noise can be heard at the property line. {c) Outside pens, runs, kennel structures and parking areas shall be screened by landscaping or other means to be reasonably obscured from view at adjoining property lines. (d) Animal waste shall be continuously managed and disposed of in a manner that leaves no perceptible odor at adjoining property lines. (e), No more than two animals six months or older shall be outside at any time unless'the terms of the conditional use permit provide otherwise. (fl No more than two animals six months or older shall be kept in a single enclosure. (g) Bark suppression devices shall be used on all dogs six months or older when outside,unless the terms'of the conditional use permit provide otherwise. (h) All animals shall be housed indoors from 9:00 p.m.to 6:00 a.m.daily, (i} Commercial kennels shall not be located in maior subdivisions. b) Architectural Treatment. Proposed architectural treatment should be in general harmony with surrounding uses and the landscape. To this end,the use of certain general types of exterior construction materials,architectural treatment or landscaping may be required. C) Application of Standards. When applying standards for conditional uses to any proposed building construction or addition, the Plan Commission and Town Board shall also apply the statement of purpose for the zoning district in which the conditional use is being proposed,so that the proposed building,addition and use proposed for the location does not conflict with or contradict the purposes and objectives of the zoning district. d) Additional Considerations. When considering an application for a conditional use permit the Plan Commission and Town Board shall also evaluate the effect of the proposed use upon: (1) The maintenance of safe and healthful conditions on the site for which application has been made and at properties whose owners are to receive notice under this Section. (2) Existing topographic and drainage features and vegetative cover on the site. (3) The location of the site with respect to floodplains and floodways of rivers and streams. (4) The erosion potential of the site based upon degree and direction of slope,soil type and vegetative cover. (5) The location of the site with respect to existing or future access roads. (6) The need of the proposed use for a shoreland location. (7) The compatibility of the proposed use with uses on adjacent land. —4— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 (8) The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems serving the site. 9. Conditions and Guarantees. a) Conditions. Priorto making recommendation on any conditional use permit application,the Plan Commission may consider and recommend conditions and restrictions upon the establishment, location,construction,maintenance and operation of the conditional use as it deems necessary or appropriate to promote and-protect the public health, safety and general welfare of the community, and to secure compliance with site-specific requirements and with the standards and requirements-of this Section. In all cases in which conditional use permits are issued,the Town Board shall require such evidence and guarantees as it deems necessary as assurance that. the conditions being required will be met on a'continuous basis. 10. Validity of Conditional'Use Permit. a) 'After a conditional use permit has been approved,such permitshall become null and void after twelve (12) months from the date of the approval unless the use is commenced,construction is underway and the current owner possesses a valid building permit before that time. Forty-five(45)days prior to the automatic revocation of such'permit,the Town Clerk shall notify the holder by certified mail of the approaching revocation date,though failure to do so shall not stay or invalidate the expiration of -the permit. The Town Board may extend such permit for a period of time for justifiable cause, if application is made to the Town Board at least thirty(30)days before the expiration of said permit. b) No alternation or expansion of a use permitted by conditional use permit shall be permitted unless a new conditional use permit is approved by the-Town Board upon recommendation of the Plan Commission and pursuant to the procedures and standards set out in this Section. 11. Complaints Regarding Conditional Uses. ILThe Town Board retains continuing jurisdiction over all conditional use permits for the purpose of resolving complaints made against permit holders. This includes the power to order the removal or discontinuance of unauthorized alterations to an approved conditional use,and to order the elimination, removal or discontinuance of any violation of a condition imposed,prior to or after approval,to revoke the permit or to take action for violation of any other provision of this Chapter. b) Upon written complaint specifying alleged conditional use permit violations by any citizen or Town official,the matter shall be referred to the Plan Commission for review. The Plan Commission shall review the complaint to determine whether said complaint shows to a reasonable probability that a conditional use is in violation of one or more of the standards set forth in this Section,a specific condition of approval of the conditional use permit for the premises or other requirement imposed hereunder. c) The Plan. Commission shall make findings and provide a recommendation to the Town Board. Thereafter, if the Town Board determines that the compfaint process should proceed,a hearing shall be held by the Town Board upon notice in the manner set forth in Subsection 6. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. d) The Town Board may,in order to bring the holder of the conditional use permit into compliance with the standards setforth in this Section or conditions previously imposed bytheTown Board,modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made or where the Town Board has grounds to believe that continuing conditional use permit violations will not be corrected, the Town Board may revoke the conditional use permit and direct the Town Clerk or Town Attorney to take action to seek elimination of the use. —6— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 j eej Following any such hearing,the decision of the Town Board shall be furnished to holder of the revoked conditional use permit in writing,stating the reasons for the Town Board's action. —7— 1 i DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 Chapter 170 Section Y Board of Appeals;Variances 1. Board of Appeals. A Board of Appeals is hereby established. The Board of Appeals shall consist of five members appointed by the Town Chairperson,subject to confirmation by the Town Board.Compensation for service on the Board of Appeals shall be at the rate established from time to time by action of the Town Board. Members shall serve without compensation, shall,reside within the Town of Troy, and shall be removable by the Town Chairperson for cause, upon written charges and after public hearing. Two alternate members shall be appointed by the Town Chairperson.The Board of Appeals shall appoint one of its members as Secretary of the Board,unless the Town Board shall authorize the employment of a secretary. 2. Rules. The Board of Appeals has separately adopted adopt Rules for its operation and procedure. At all times such Rules shall operate'in accordance with the provisions of this Chapter, shall regulate procedural and substantive aspects of Board operations and in that way shall serve to implement,without being part of, this Chapter and of Chapter 171,which regulates the Lower St. Croix Riverway Rural Residential Overlay District. 3. Records. The Board of Appeals shall keep minutes of its proceeding, showing the vote of each member upon each. question,or,if absent or failing to vote,indicating such fact,in the office of the Board. 4. Appeals. a) Taking of Appeals. Appeals to the Board of Appeals alleging error in administration of this Chapter may be taken by any person aggrieved,or by any officer,department,board or committee of the Town of Troy affected,by a decision of the Town Board in administering said ordinances,and shall be processed pursuant to the Rules of the Board of Appeals- b) Stay. An appeal to the Board of Appeals shall stay all legal proceedings in furtherance of the action being appealed from unless the Town Board or administrative officer whose decision-is being appealed to the Board certifies to the Board after the appeal has been filed and that,by reason of facts stated in the certificate, a stay would, in the opinion of the Town Board or administrative officer;cause imminent peril to life or property. In such case,legal proceedings shall not be stayed except by a restraining order which may be granted by a court of record on application,on notice to the Town and on due cause shown. C) Powers of Board of Appeals. (1) The Board of Appeals shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or,determination made in the enforcement of this Chapter,and to authorize upon appeal in specific cases such variance from the requirements of this Chapter as will not be contrary to the public interest and where,owing to special conditions,a literal enforcement of any provision of this Chapter would result in practical difficulty or unnecessary hardship, so that thespirit of this Chapter shall be observed,public safety and welfare secured and substantial justice done. S. Variance Standards. a) A Use Variance allows an exception to be made to the requirement of this Chapter that land be used only for such activities,purposes and uses as are specifically authorized for the zoning district DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 in which the land is-located and is available only when a property owner will have no reasonable use of the property without a use variance. b) An Area Variance is available only when strict compliance with Town regulations governing area, setbacks,frontage,height,bulk or density will unreasonably prevent an owner from using property for a permitted purpose or will render conformity with those regulations unnecessarily burdensome. 6. Variance Procedure a) Application. Avariance application shall be filed with the Town Clerk/Treasurer. Applications may be made by the owner or authorized agent of the owner of the land affected by the application. The application shall contain the following information: (1) Name and address of applicant and all abutting and opposite property owners of record. (2) Address and legal description of the property. (3) A to-scale drawing showing the boundaries and location of the property,the location and dimensions of all buildings and structures, slopes, public and private roads crossing or contiguous to.the property and the location of and distance to the nearest residences in all directions. (4) Such additional information as may be required by the Plan Commission,Town Engineer or Board of Appeals or pursuant to its Rules. (5) Fee in the amount set by the Town Board. (6) Applicants shall consult the Rules of the Board before submitting an application and shall fully comply with the Rules'requirements. b) Burden of Proof. An applicant seeking a variance has the burden of proof. (1) To show the level of practical difficulty or unnecessary hardship needed for an area variance,an applicant must show that compliance with this Chapter's requirement from . Which relief is sought either prevents the use of the land for an otherwise permitted purpose oris unnecessarily burdensome. The unnecessary hardship or practical difficulty being shown cannot be self-created,must be unique to the property and must be linked to the physical characteristics of the land for which the variance is sought. The applicant should be prepared to show what actions would be necessary to comply with the ordinance requirement from which relief is being sought. (2) To showthe level of practical difficulty or unnecessary hardship needed for a use variance, an applicant must show that no reasonable use of the property can be made without the variance. c) Hearings. Board hearings on variance applications shall be conducted in compliance with the Rules and By-Laws.of the Board. Meaningful advance notice of such hearings shall be given at least ten (10) days before the hearing to all abutting landowners and owners of non-abutting property located within 300 feet of the perimeter property lines of the parcel that is the subject of the application,by or under the direction of the Town Clerk/Treasurer. —2— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 d) Action of the Board of Appeals. Following the hearing on the application,the Board of Appeals shall determine whether the applicant has shown unnecessary hardship or practical difficulty after first reviewing the information provided to it,after examining what the zoning regulation at issue is intended to accomplish and after considering concerns related to the welfare of the public such as safety, especially in the immediate area, property values, especially in the immediate area, uniformity of appearance and uniformity of treatment. e) Findings Required. Before the Board can grant a variance it must evaluate the hardship in light of the purpose of the zoning restriction at issue and find that: (1) The applicant'has established specific unnecessary hardship or practical difficulty that will result in the absence of the granting of the variance being sought,that is unique to the property involved and that is not self-created. (2) Granting the variance is.necessary,will do substantial justice and secure public safety and welfare and is consistent with the intent and purpose of the regulations in this Chapter . from which relief is being sought.. (3) Granting the variance will not enlarge any pre-existing non-conformity with this Chapter. (4) Granting the variance will not damage the rights or property values of other persons in the area and will not interfere with or increase the cost of known plans of the Town, County,State or Federal governments in the area, absent the most unusual,extreme or compelling circumstances. (5) A request for a variance to lot-density or hard surface requirements shall be evaluated in the context of the availability of multiple density choices available with density elections, transfer of development rights and related portions ofthe Town's subdivision ordinance. (f) Conditions. The Board of Appeals shall impose such conditions and restrictions upon the premises receiving a variance as it determines to be necessary for consistency of result with the.standards and requirements herein and with special emphasis on requirements for area variances that will maintain and protect consistency with the character,appearance and parcel-based proportion of area-to-structure found in adjacent and neighborhood development and on requiring mitigating measures such as plant,fence or earth-based screening that will avoid or permanently reduce the adverse effect of the variance on present and planned adjacent and neighborhood development. 7. Review by Court of Record. Any person or persons aggrieved by any decision of the Board of Appeals or any taxpayer or any officer, . department,board or bureau of the Town may within 30 days after the filing of the'decision in the office of the Board of Appeals,commence an action seeking certiorari review and related remedies. —3— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 Chapter 170 Section Z Administration 1. General Administrative System This Chapter creates the functions of a"Zoning Administrator"to administer and enforce its requirements. Certain administration and enforcement matters under this Chapter such as the granting of permitted conditional uses,planned unit development oversight,conditional uses,changes in zoning districts and the Official Zoning Map,and amending the text of this Chapter also require review by the Plan Commission and action by the Town Board or Town Board of Appeals. 2, Zoning Administrator The Zoning Administrator is the Town official with primary responsibility for administering pr+niap� .,Hm;nirtr;,+:,,^ afflee-f^r the provisions of this Chapter. As used in this Chapter, "Zoning Administrator" refers to the Town Chair or to the Zoning Administrator selected and appointed by the Town Board t4_e Chair's design^^ The duty of the Zoning Administrator shall be to administer, interpret and enforce this .. . Chapter and to issue all permits required by this Chapter that do not require action by the Town Board or Town Board of Appeals. The Zoning Administrator shall: a) Advise applicants for permits as to the provisions of this Chapter and be available to applicants while preparing applications. b) Issue any administrative level permits now or later authorized by this Chapter. The function of processing sign permits is delegated to the Building Inspector. C) Conduct inspections of buildings,structures, and use of land to determine compliance with the terms of this Chapter. d) Maintain and update the permanent and current records of this Code,including but not limited to, the Official Zoning Map, text amendments to this Chapter, conditional use permits, variances, appeals and applications,which function is hereby delegated to the Town Clerk. e) Provide and maintain a public information function'relative to all matters arising'out of this Chapter. f) Receive,file and forward to the Plan Commission all applications for amendments to this Chapter, .which function.is hereby delegated to the Town Clerk. g) Receive,file and forward to the Plan Commission applications forall conditional use permits,which function is hereby delegated to the Town Clerk. h). Receive,file and forward to the Board of Appeals all applications for appeals,variances,or other matters on which the Board of Appeals is required to act under this Chapter,and attend all Board of Appeals meetings to provide technical assistance which function is hereby delegated to the Town Clerk,the Building Inspector and the Town Engineer. i) Initiate, direct and review from time to time a study of the provisions of this Chapter, and make periodic reports with recommendations concerning it to the Plan Commission not less than once a year. j) Make on-site investigations related to the enforcement of this Chapter and related to the enforcement of this Chapter and any related ordinances of the Town and have access to.any DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 . structure or.premises for this purpose, or in reviewing permit applications, exercised at a reasonable hour and after a twenty-four hour notice. k) Review and approve,approve with conditions or reject event plan proposals and refer event plan proposals to the Plan Commission for review and recommendation and to the Town Board forfinal action,when the event plans that fails.to make it readily apparent that the health and safety of the attendees and of the public will be adequatelV protected, or upon property owner request. k)I) Coordinate duties and responsibilities with the Building Inspector to ensure consistent and fair application of this Chapter and avoid unnecessary duplication of the specific requirements in the administration of this Chapter and the Town's Subdivision, Building and other ordinances. 4m) Coordinate with the Town Attorney regarding enforcement of this Chapter,and related legal issues. 3. Role of Specific Town Officials in Zoning Administration. a) Zoning Administrator. The r....,„ Chair, when tingas Zoning Administrator serves at the pleasure of the Town Board and—has the authority to delegate responsibility for performance of duties assigned to that position by ad;:„;s+.-ativ,, f„„,-,.,„„.. „„d,e--this Chapter on a specific or continuing basis to any of the following: Town Staff(elected,appointed or employee),the Building Inspector,grad-the Town Engineer and Town Attorney. b) Plan Commission. The Plan Commission makes reports and recommendations relating to the plan and development of the Town to the Town Board, other public officials and other interested organizations and citizens. In general,the Plan Commission has such powers as are necessary to enable it to perform its functions,promote municipal planning and as set out in Chapter 21 of the Town Code.One of its functions is to make recommendations to the Town Board.The Commission . may,in arriving at its recommendation,on occasion and of its own volition,conduct its own public hearing. C) Town Board. The Town Board has ultimate authority to make changes and amendments to the boundaries of zoning districts, and to amend the text of this Chapter, subject to County Board approval as provided by Wisconsin Statutes. The Board may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this Chapter. d) Zoning Board of Appeals. A Zoning Board of Appeals has been established to provide an appeal ' procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this Chapter. See Section Y. 4. Zoning Review for One and Two Family Residential Uses a) No building permit for a new structure,new use of land,water or air,or change in the use of land, water or air for one or two family residential use shall hereafter be issued and no structure or part thereof shall hereafter be located,erected,moved,reconstructed,extended,enlarged,converted, or structurally altered unless the application for such permit has been reviewed by the Zoning Administrator or designee and it has been verified that the proposed use of land, buildings or structures and any future proposed buildings or structures comply with all applicable provisions of this Chapter and other applicable portions of the Town Code. b) A building permit issued in conflict with the provisions of this Chapter is null and void. 5. Zoning Review for Uses Other Than One and Two Family Residential Uses a) Zoning;Use and Site Plan Approval. Applications for re-zoning and development for uses other than a one or two family residence require a site plan,development plan,review and approval by —2— DRAFT amendments for Plan Commission public Bearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 the Plan Commission and the Town Board,in accordance with all applicable requirements of this Chapter and of the Code of the Town of Troy. b) Rezoning. Applications and all required fees shall be directed to the Zoning Administrator or designee and shall include the following information: (1) Names and addresses of the applicant, owner of the site and architect, professional engineer and contractor involved. (2)_ Description of the subject site by recorded subdivision lot or by metes and bounds; address of the subject site;type of structure;existing and proposed operation,or use of the structure or site; the present zoning district within which the subject site lies; and explanation of how the proposed rezoning and development is consistent with the Town's Comprehensive Plan. (3) Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and showing such of the following as may be required by the Zoning Administrator:the location, boundaries, dimensions, uses, and size of the subject site; existing and proposed structures; existing and proposed easements, streets and other utilities; the area of all existing and proposed hard surfaces such as off-street parking, loading areas and driveways,'drainage plans and waterways and existing and proposed side and rear yards. (4) Additional information as maybe required by the Zoning Administrator,Plan Commission, Town Engineer or other Sections of this Chapter. (5) In addition an applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission, Town Board or expert consultants retained by the Town to determine whether the proposed application meets all the requirements applicable thereto. C) Adding Contiguous Land to the LECR Overlay District. (1) To amend the Official Zoning Map to add to the LECR Overlay District land fully contiguous to land in the LECR Overlay District an applicant must provide the written request of all landowners and the legal description of the land at issue. The Zoning Administrator,Plan Commission or Town Board may request additional information needed to process the request. d) Administration. (1) The Zoning Administrator shall make a preliminary review of rezoning applications and development plans before referring them, with a report of initial findings on completeness,to the Plan Commission within thirty(30)days of receipt of a completed application. The Plan Commission shall then review the application and plans and refer it to any expert consultants selected by the Zoning Administrator and/or Town Engineer to advise whether the application and plans meet all applicable requirements of the Town Code. Within sixty (60) days of its receipt of the completed application, the Plan Commission shall provide its report and recommendation to the Town Board as to whether the proposed rezoning and related development proposal should proceed. This deadline may be extended by agreement of the Plan Commission and property owner of the land in the rezoning and development plan. (2) Upon receipt of the report and recommendation from the Plan Commission,the Town Board shall review the application to determine if such rezoning application and —3— I ' DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 development plans meet all of the requirements of this Chapter and the other bpplicable provisions of the ordinances of the Town of Troy. Within forty-five(45)days of its receipt of the report and recommendation from the Plan Commission,the Town Board shall act on the application, following the notice and hearing requirements in Section X of this Chapter. e) Requirements. In acting on any rezoning application and development plan,the Town Board may address the following issues during its decision. (1) The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas and the Town's Comprehensive Plan. (2) The layout of the site with regard to entrances and exists to public streets;the arrangement and improvement of interior roadways;the location,adequacy and improvement of areas for parking and loading'and unloading,whether the traffic pattern generated by the proposed rezoning and proposed development will be developed in a manner consistent with the safety of residents and the community,and to minimize any traffic hazard created .thereby. (3) The adequacy of the proposed water supply,drainage facilities and sanitary and waste disposal. (4) The landscaping and appearance of the completed site,whether those portions of all front, rear and side yards not used for off-street parking will be attractively planted with trees, shrubs,plants,or grass lawns and whether the site be effectively screened so as not to impair the value of adjacent properties not impair the intent or purposes of this Chapter. f). Effect on Municipal Services. During a decision on rezoning and proposed development the Town Board may secure'such advice as may be deemed necessary from the Town Engineer, other municipal officials or consultants,with special attention to the effect of the proposal upon existing municipal services and utilities. Where additional or upgraded municipal facilities will be needed, the Town Board shall agree with the applicant regarding financial responsibility and payment for the development and construction of such facilities prior to taking action on a rezoning request. 6. Certification of occupancy No lot or parcel now vacant shall be used for residential purposes,and no buildings or other structure shall be occupied or used for residential, commercial or industrial purposes until a certificate of occupancy has first been obtained by the owner from the Zoning Administrator. When the Zoning Administrator is presented with information to establish, and separately concludes, that the proposed land use and occupancy will comply in every respect with all applicable ordinances of the Town and of St.Croix County and with all laws and orders of the State of Wisconsin, he/she shall issue a certificate of occupancy therefore,within ten(10)days after application is approved. 7. Violations and Penalties a) Violations. It shall be.unlawful to use or improve any structure or land,or to use water or air in violation of any provision or requirement of this Chapter or any portion of'the Town Code. Landowners,occupants and the agents of both are responsible for compliance with all provisions of this Chapter that bear upon their area of competence and responsibility. In case of any violation,the Town Board,Plan Commission,the Zoning Administrator or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be . instituted to enjoin a violation of this Code or cause a structure to be vacated or removed. —4— DRAFT amendments for Plan Commission public hearing 02.04.2016, Showing strikeouts and insertions of language amending Chapter 170 b) Remedial Action.. Whenever an order of the Zoning Administrator has not been complied with within thirty (30) days after written notice has been mailed to the owner, resident agent or occupant of the premises,the Town Board,the Zoning Administrator or the Town Attorney may institute appropriate legal action or proceedings. C) Penalties. Any person or entity who fails to comply with the provisions•of this Code or any order of the Zoning Administrator issued in accordance with this Code or resists enforcement shall,upon conviction thereof,be likewise subject to a forfeiture and such additional penalties as provided for under Chapter 39 of the Town of Troy Code of Ordinances. Each day a violation exists or continues shall constitute a separate offense. 8. Fee Schedule Application, review and related'fees shall be established by separate resolution enacted from time to time by the Town Board for,but not limited to,the following categories of activities,functions and permits: Board of Appeals Variance-First request Board of Appeals Variance—Second request Certified Survey Map Certified Survey Map—Amended/Revised Concept Plan Conditional Use Permit Condo Development Event Plans: basic and detailed review Final Plat Final Plat—Amended/Revised Mobile Service Facility,Support Structure and Collection Permit Planned Unit Development(PUD) Preliminary Plat Preliminary Plat—Amended/revised Sign Permit Swimming Pool permit Unlisted Use Zoning Amendments Manufactured Home Community Operator Manufactured Home Community Operator transfer fee Manufactured Home Community Application fee —5— DRAFT PUBLIC HEARING Plan Commission February 4,2016 Hudson Wisconsin 54016 The public hearing regarding amendments being proposed to the text of Chapter 170,the Town's Zoning Code opened at 7:03 p.m. on Thursday, February 4, 2016, at the Troy Town Hall. The Pledge of Allegiance was recited. Dan Pearson called for comment. No one spoke. Dan Pearson called for comment. No one spoke. Dan Pearson called for comment.No one spoke. The public hearing closed at 7:05 p.m. PLAN COMMISSION MEETING Town of Troy February 4, 2016 Hudson Wisconsin 54016 Members Present: Dan Pearson, Lowell Enerson,David Wolf, Joe Radlinger, Paul Mahler, Jan Cuccia, Ray Knapp Members Absent: Staff Present: Gwen Kuchevar Recording Secretary: Amanda Randall Others present: AGENDA: 1. Call to order; 2. Approve minutes; 3. Discuss and consider Chapter 170-Zoning Ordinance revisions; 4. Building permits; 5. Committee Reports & correspondence; 6. Adjourn. 1 AGENDA: 1. Call to order; Dan Pearson called the meeting of the Troy Plan Commission to order at 7:06 p.m. 2. Approve minutes; The minutes of the January 7, 2016 Plan Commission were previously distributed. Jan Cuccia moved to approve the minutes of the January 7th,2016 Plan Commission. David Wolf seconded. Motion carried. 3. Discuss and consider draft amendments to Chapter 170-Zoning Ordinance Town Attorney Gwen Kuchevar summarized the revisions to the Ordinance. Language was clarified on allowing landowners to ask for Plan Commission and Town Board review for event plans. Event plans were reviewed as they relate to conditional uses. It was clarified that if your event isn't covered under a conditional use permit then an event plan is needed for large events. The 24 hour time period triggering a need for an event plan was discussed. Chickens and agricultural tourism time limits were also discussed. Under Exclusive Ag, dogs as pets needs to be added using same language as in other zoning districts. This will be added as Item 6 at the end of Section F. The word "in" needs to be added in Section E, 2(a)(1)(f). Jan Cuccia moved that the Plan Commission amend the draft with changes to Chapter 170, Section E,2(a)(1)(f) to add the word "in" so that the sentence reads "...limited to 100 birds when the parcel is in a major subdivision" and to add under Section F Exclusive Ag District Item 6 Dogs as Household Pets with same verbiage as in the Ag-Res district. Lowell Enerson seconded.Motion carried. Jan Cuccia moved that the Plan Commission recommend that the Town Board adopt Resolution 2016-01 Recommending for Approval Certain Amendments to Chapter 170, the Town's Zoning Ordinance, as summarized by Town Counsel and incorporating the amendments made by the Plan Commission tonight. David Wolf seconded. Motion carried. 4. Building permits; Building permits were reviewed. 6. Committee Reports & correspondence; Dan Pearson asked the Commission to start thinking about the LECR process as there's been an inquiry on rezoning. He noted a subcommittee could be formed and Cedar Corp could be involved with education. 7. Adjourn Jan Cuccia moved to adjourn the meeting of the February 4,2016 Plan Commission at 8:06 p.m. David Wolf seconded. Motion carried. 2 TOWN OF TROY 654 GLOVER ROAD REGULAR TOWN BOARD MEETING—February 11',2016 Chair,Dan Pearson convened the regular Town Board meeting on Thursday, February 11', 2016 at 7:00pm. Supervisors Jan Cuccia, Jason Kjos, and Dave Hense were present. The following people signed the attendance sheet: Bettsy Terlinden, Suzanne VanMele, Jill Berke and Ron Schock. Staff present: Robert Jones. Dan Pearson invited those present to join in the Pledge of Allegiance. A moment of silence was held to honor and remember Supervisor Sue Warren,who passed away on January 29',2016. APPROVE MINUTES—The January 14th,2016 Regular Town Board minutes were distributed to the board. D.Hense moved to approve the minutes as printed. Seconded by J. Cuccia. Motioii_carried. CITIZEN INPUT—None. PARK BOARD REPORT—Jill Berke reviewed the January Park Board report PLAN COMMISSION REPORT—Jan Cuccia reviewed the minutes frim the February 4',2016 Plan Commission meeting. PARK RANGER REPORT,HUMANE OFFICER& SHERIFF REPORT'S,-Copies of the Park Ranger, Sheriff's Department and Humane Officer reports were distributed and reviewed by the board. Ranger Ron Schock reviewed the Park Ranger activity. DISCUSS AND CONSIDER BIi><20UTE RECOMMENDATION FROM PARK BOARD TO ST. CROIX COUNTY'S BIKE/PEDESTRIAN: ACILITY �st. Croix County is asking for recommendations from the Town on modifications (if any)to the existing brktpedestri .plan. Jill Berke reviewed the map and recommended changes made by the Park Board which included(1)Extend thea"existingMA& of Coulee Trail(road)to an"existing route"for its entire length to the Town of Kinnickinic border(2)remove":proposed route"status on Towns-valley Road beginning at East Cove Road currently on mapt to "MM",retaining"existingwoe"he"from Cotilee'Trail, south to East Cove Road(3)remove Chinnock Lane as a"proposed route"(4) change Radio Road to an"e iAing route" status (5)remove Glover Road(East/West road) as a"proposed route"(6)retain"alternative unimproved local route"from Glemmont Road to Skyline Drive to Delander Drive to Muirfield Trail to Lindsay Road to St.Armes Parkway to St.Andrews Drive to South Cove Road to East Cove Road, crossing"F"(7) retain County"MM" as marked"Existing Bike Route"(8) County Road"U", extend as "proposed route"up to the Hudson town line. J. Kjos moved that we approve the proposed bike route changes as presented by the park in addition to removing Tower Road and adding Mann Lane as the recommended proposed route and authorize Jill Berke to present this to the County to include in the St. Croix County Bike&Pedestrian Facilities Plan. Seconded by J. Cuccia. DISCUSS AND CONSIDER REQUEST TO REPLACE DAMAGED MAILBOX—LON HAGEN,271 ST.ANDREWS DRIVE—This item was postponed to the March Town Board agenda at Lon Hagen's request. DISCUSS AND CONSIDER DRAFT AMENDMENTS TO CHAPTER 170,ZONING CODE—A summary of main changes made to the Town's Ordinance by the proposed amendments was provided to the board by Town Attorney, Gwen Kuchevar: Section A: three definitions added/modified: Exotic Animals, Household Pets and Commercial Kennels. Household pets and commercial kennel definitions are similar to the County's. 1 Section B: The event plan requirement, originally borrowed from the County's Zoning Ordinance, is more fully developed and moved to this Section. Event plans are required in in any zone if anticipated event attendance will exceed 300 people in 24 hours. The event plan requirement is placed in Section B as a general requirement for all districts with the purpose,requirements and procedure to obtain one now found in that Section. Event plans can now be for single events or as an annual plan for all events planned that year. Neighbor notification is an express part of the application process. After plan approval, event plans are distributed by the Town to affected emergency responders in advance of the event. Sections D, E and F: The Town Board wanted to allow for residential chicken raising in the Town as a matter of right without requiring a conditional use permit and to regulate dogs (pets) at residences in a manner that would allow more of them than at present. • The amendments base the number of dogs that can be kept as household pets (three on the smallest lots,then five, up to seven maximum)on lot size and discusses how the raising and selling of dogs can becomes a commercial kennel operation, requiring a conditional use permit. The basic operational standards fdr'commercial kennels are in Section V. • The number of chickens allowed is likewise based in each district on lot,size of the lot and whether the lot lies inside or outside of a major subdivision while deferring to local restrictive covenants. After these amendments go into effect, poultry raising will no longer be a conditional use. Sections E and F also clarify that although exotic animals are not allowed in either districts llamas, ostriches and emus kept for purposes of animal husbandry and sale do not fall into the proibted category. • In both sections the event plan requirement has been scaled back from the original setof requirements and procedure to a reference to Section B,where that informafioin now resides �r Section K: The headings on the table describing permitter, conditional an ace ssory uses were off by one Section letter in the original version of the ordinance. This is corrected in they amen in Section V: on conditional uses hasfbeen expanded to ad r Town standards, simrlar`t©those of the County's, for operation of a commercial kennel. There are also/,Xanguage bh, 4hges throughoutthat are intended to add flexibility and clarity. Section Y: adds authority to compensate members bf the Board of.AppeaIs for their service. Section Z: The Town,now yuishes to move to an"ordinance administration model in which the Town Chair does not serve as Zoning Administrator,the model,n the original Town orittariee-The4mendments to this Section are intended to accomplish this r, change. F r r 1 1 l l D. Hense moved to approve TOWN OF TROY IZESOL UTION NO. 2016-02 Town of Troy Town Board % Amending Chapter 170, The Town's Zoning Ordinance WHEREAS, on April 7, 1959, the Annual Town Meeting of electors for the Town of Troy took action to adopt village powers and authorize the Troy Town Board to enact ordinances pursuant to what is now Wis. Stat. §§60.10(2) (c)and 61.35; and WHEREAS, on January 8, 1990, a Special Town Meeting of electors for the Town of Troy took action to authorize the Town Board to enact Town zoning ordinances pursuant to what is now Wis. Stats. §60.10(2) (h): and WHEREAS, the Town enacted Chapter 170, the Town's Zoning Ordinance on July 10, 2014, which Ordinance was then approved by the St Croix Board of Supervisors pursuant to Wis. Stats. Sec. 60.62(3);and 2 WHEREAS, in 2015 the Town Board referred to the Town Plan Commission the task of preparing certain amendments to Chapter 170 for review and consideration by the Town Board; and WHEREAS, the Plan Commission then caused to be prepared certain amendments to Sections A, B, D, E, F, K, V, Yand Z of Chapter 170; and WHEREAS, on February 4, 2016, the Plan Commission held a public hearing,preceded by the Class H notice required by Wis. Stats 62.23(7) (d), on the said Zoning Ordinance amendments to take public comment on the proposed Zoning Ordinance amendments; and WHEREAS,following the said public hearing the Plan Commission found a typographical error and that a planned addition to Chapter F had not been included in the draft amendments before it, which omissions were corrected by action of the Plan Commission during its meeting on February 4, 2016; and WHEREAS, during its meeting on February 4, 2016, the Plan Commission then recommended that the amendments to Chapter 170 Sections A, B, D, E, F, K, V, Y and Z by way of text additio�and deletion and all as shown on Exhibit "A"as attached hereto and incorporated herein by reference be approved by the Town Board, to be effective following approval by the St Croix County Board of Supervisors and publication, all as required by law. � . NOW THEREFORE, BE IT RESOLVED.• f That the Town Board of the Town of Troy hereby approves and adopts all proposed amend ni"et2ts to Chapter 170, Sections A, B, D, E, F, K, V, Y and Z, being part of the Town Zoning Ordinance, in the form of t ie text additions and deletions shown in Exhibit "A", attached hereto and incorporated herein by reference; and That following adoption by the Town Board the Town ClerklTreasurer shall f r with forward Exhibit "A"Ithe said amendments to St. Croix County for its approval,pursuant to Wis. Stats 60.`62(3), thereafter tQ be published in the manner required bylaw to become effective in the Town. Seconded by J. Cuccia. Roll call vote taken: DHense—Yes,J. jas. 'Yes,Ds Pearson—Yes and J. Cuccia—Yes. Motion carried. r. DISCUSS AND CONSIDEWTHE INTERGOVERNMENTA .vAGREEMENT BETWEEN THE CITY OF HUDSON AND THE TOWN F TROYIFOR,THE TOWER ROAD PROJECT AND AUTHORIZATION FOR THE PREPARATION'OF.PLANS AND SPECIFICATIONSJ Kj-6s moved to approve the Intergovernmental Agreement between the City of Hudson and the Tovvp of Troy'�egarding the Tower Road reconstruction project as presented. Seconded by D.Hense. Roll call v46",taken: D.Hence Yes, J.Kjas _Yes,D.Pearson-Yes and J. Cuccia—Yes. Motion carried. DISCUSS AND CONSIDER:CHANGES TO OIL COLLECTION SITE AT THE RECYCLING CENTER— D.Hense recommended placing agement slab at the collection sight, along with lifting, cleaning,painting, and relabeling the current oil collection tank. The bodid Vyas izt cohsensus with the recommendation. ,n DISCUSS AND CONSIDER PARTICIPATION AGREEMENT WITH GOVERNMENT PAYMENT SERVICES,INC. —J.Kjos moved to approve the addition of Government Payment Services for credit card payments with the Town. Seconded by D.Hense. Roll call vote taken: D.Hense—Yes,J.Kjos—Yes,D.Pearson—Yes and J. Cuccia—Yes. Motion carried. DISCUSS AND CONSIDER PROCESS TO FILL TOWN BOARD SUPERVISOR#1 SEAT—The board consensus was to accept names and a short bio from interested residents to fill the position by appointment at the March Town Board meeting. MOBILE HOME COURT LICENSE—J. Cuccia moved to accept the application from Fox Enterprise/Fox Court for a mobile home license for the calendar year 2016. Seconded by J.Kjos. Motion carried. BUILDING PERMITS— 3 PERMIT# APPLICANT ADDRESS PROJECT 15-254 Nate Pachl 521 Autumn Blaze New Home 15-255 City of River Falls 681 County Road MM Electric 15-101 David Sands 562 Lundy Lane Storage Shed 15-102 Robert Thon 310 County Road F Storage Shed 15-103 Chris McDonough 8 Dry Run Road New Home 15-104 Creative Homes 727 Mount Curve Chase Alteration 15-106 Ross Wegge 203 Walnut Hill Way Alteration DRIVEWAY PERMITS— PERMIT# APPLICANT ADDRESS , 15-154 Nate Pachl 521 Autumn Blaze Trail 15-101 Chris McDonough 8 Dry Run Roado r�. CLERK/TREASURER REPORT-Copies of the bank account reconciliations,nnpact,fee summary, legal and engineering, 2016 budget summary reports were distributed and reviewed by the`board. J. Clark sig' I.-l that there is a Spring Primary Election on February 16t''in which Photo ID will be in place /` APPROVE BILLS—J.Kjos moved to approve check#26984 through check#27034 including theElan bill for a grand total of $63,146.04. Seconded by D. Hense. Roll call vote,`f ken: D.Hense :, es",k"`` jos—Yes,D.Pearson—Yes and J. Cuccia—Yes. Motion carried. CORRESPONDENCE—Correspondence was reviewediy the�oard. COMMITTEE REPORTS—J. Cuccia repofted on the newsletter thmelme along with'her recent attendance at the WTA meeting. Fire and EMS meetings were discussed and who could attend m'Sue Warren's absence. D.Pearson provided art update on Zonmg < F D.Hense moved to adjourn. Seconded by J.Koos Motion carried.`` The meeting adjourned at'9,31 pm. h y These minutes were taken at a`meetmg of the Troy Town Board on the 1 lth day of February, 2016. � Jennifer Clark, Clerk/Treasurer Dan Pearson,Town Chairman 4