PLANNING AND ZONING DEPARTMENT

Transcription

1 PLANNING AND ZONING DEPARTMENT PLANNING ZONING AND CODE ADMINISTRATION LAND & WATER CONSERVATION ON-SITE WASTE GROUNDWATER MANAGEMENT ECONOMIC AND BUSINESS PARK DEVELOPMENT 1462 STRONGS AVENUE, STEVENS POINT, WI PHONE: FAX: MEMORANDUM To: Portage County Towns From: Dan Bowers, Assistant Director Date: April 10, 2018 Re: Zoning Ordinance Amendments At the March 27, 2018 Portage County Planning and Zoning Committee Meeting staff was instructed to distribute proposed amendments to the Portage County Zoning Ordinances to all Towns for their information and comments. This memo describes proposed draft Zoning Ordinance amendments which are, in part, prompted by recent changes in legislation. One of those legislative changes took place in the adopted State Budget, 2017 Wisconsin Act 59, regarding short-term rentals. Section , Wisconsin Statutes, was created to place limits on the regulation of residential dwellings that are rented for certain time periods; short-term rentals. This also prompted a review of how County Zoning Ordinances viewed various types of residence related uses and campgrounds. Other Statutory authority changes took place in 2017 Wisconsin Act 67, regarding nonconforming structures, substandard lots, and variance criteria. Certain amendments are required to Portage County Zoning Ordinances as a result of these changes.(see attached draft Zoning Ordinance Amendments) Short-term Rentals / Tourist Rooming Houses Statute changes in 2017 Wisconsin Act 59, section , do not allow a County to prohibit the rental of a residential dwelling when it is rented for 7 consecutive days or longer. Portage County Zoning Ordinances currently regulate the rental of a dwelling when it is rented for less than 30 days at a time. These uses are termed tourist rooming houses. Tourist rooming houses are currently allowed as a special exception in almost all of the zoning districts where a dwelling is allowed. Statute changes would not allow the Board of Adjustment to deny a special exception application for a tourist rooming house if it is rented for 7 consecutive days or more. Statute changes also place limits on potential conditions for such tourist rooming houses. This is problematic as it sets up the Board of Adjustment for potential litigation if they attempt to regulate or prohibit such activities. A copy of the selected statute is shown below: Limits on residential dwelling rental prohibited. (1) In this section: (a) Political subdivision" means any city, village, town, or county. (b) Residential dwelling" means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. (2) (a) Subject par. (d), a political subdivision may not enact or enforce an ordinance that prohibits the rental of a residential dwelling for 7 consecutive days or longer. (b) If a political subdivision has in effect on September 23, 2017, an ordinance that is inconsistent with par. (a) or (d), the ordinance does not apply and may not be enforced. (c) Nothing in this subsection limits the authority of a political subdivision to enact an ordinance regulating the rental of a residential dwelling in a manner that is not inconsistent with the provisions of pars. (a)and (d). (d) 1

2 1. If a residential dwelling is rented for periods of more than 6 but fewer than 29 consecutive days, a political subdivision may limit the total number of days within any consecutive 365-day period that the dwelling may be rented to no fewer than 180 days. The political subdivision may not specify the period of time during which the residential dwelling may be rented, but the political subdivision may require that the maximum number of allowable rental days within a 365-day period must run consecutively. A person who rents the person's residential dwelling shall notify the clerk of the political subdivision in writing when the first rental within a 365-day period begins. 2. Any person who maintains, manages, or operates a short-term rental, as defined in s (1) (dk), for more than 10 nights each year, shall do all of the following: a. Obtain from the department of agriculture, trade and consumer protection a license as a tourist rooming house, as defined in s (15k). b. Obtain from a political subdivision a license for conducting such activities, if a political subdivision enacts an ordinance requiring such a person to obtain a license (1)(dk) Short-term rental means a residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days. Based on previous feedback from the Committee and legislative limitations staff has drafted amendments to various sections of Portage County Zoning Ordinances, section 7.1. The amendments propose to allow short-term rentals, as defined by statutes, as a permitted use in most zoning districts subject to certain standards. A zoning permit would need to be issued by staff for short-term rentals subject to the following proposed standards: (b) Occupancy of a short term rental may be limited by the private onsite wastewater treatment system. Site plan review standards in (A) (9) evaluate the following criteria: (a) Road access (b) Stormwater Control Plan and/or Construction Site Erosion Plan (c) Parking and paving (d) Landscaping and screening (e) Lighting (f) Adequacy of setback for structures and storage. Setbacks required by specific zoning districts may need to be modified based on site specific conditions. A private onsite wastewater treatment system (POWTS) is designed based on the number of bedrooms in a dwelling. Sizing calculations are typically based on two persons per bedroom. Therefore a short-term rental may be limited to a rental occupancy of two times the number of bedrooms in the dwelling. Alternative regulatory options to the drafted amendments could allow short-term rentals without conditions and without the need for a zoning permit. Or at the other end of the regulatory spectrum; short-term rentals could be broken up into two categories, short term rentals 7 days or more and short term rental 6 days or less. Short-term rentals 6 days or less could be prohibited or allowed by special exception with any number of conditions. Short-term rentals 7 days or more could be permitted as currently drafted or other variations which don t outright prohibit them. Bed and Breakfast Establishments Bed and breakfast establishments (B&B s) are much the same as tourist rooming houses with only a couple of differences. Bed and breakfast establishments are occupied by the owner at the time of the rental and may serve breakfast. Those minor distinctions put B&B s into much the same land use category as short-term rentals with much the same impacts. Therefore staff is recommending that they be treated fairly equally in the Ordinance which is why the proposed amendments delete certain provisions previously tied to B&B s and allow them as permitted uses in the same way short-term rentals are. 2

3 Other Amendments; Dwellings, Hotels, Motels Other minor amendments were made for cross referencing and grammatical purposes and to parts of the Ordinance related to dwellings, hotels, and motels. Language was added to the Multiple Family Residence District (R4) to clarify that multiple family dwellings of five or more require a special exception. This doesn t represent a regulatory change because language was already present in the Lot Area and Floor Area section of the R4 District; it simply clarifies that special exception standards apply. In the A4 District the term single family housing was changed to single family dwelling to match existing definitions. Also in the A4 District, A1 District and the A20 District language allowing migrant camps and housing for seasonal migratory workers was amended to use the statutorily defined term of migrant labor camp. In the RL District the Floor Area section was amended to mirror the A4 District which allows seasonal dwellings with a minimum of 400 square feet of floor area. The Definitions section was amended to add definitions for Dwelling, Two Family; Farm Residence; Mobile Home; Manufactured Home and Residential Dwelling. The definition for Motel was amended and the definition of Hotel was added to mirror Wisconsin Administrative Code definitions. Campgrounds and Camping Cabins Wisconsin Administrative Code ATCP 79, governing campgrounds, was revised in Amongst the changes to campground regulations was the addition of the term camping cabin. Camping cabins are allowed in campgrounds and defined as: ATCP (4) Camping cabin" means a building or other structure that is 400 square feet or less in area. A camping cabin includes a yurt, but does not include a tent, recreational vehicle, tourist rooming house, mobile home, or manufactured home. ATCP 79 also allows for mobile homes or manufactured homes in campgrounds and allows additions or attachments to camping units. Portage County allows campgrounds by special exception in most of the Agricultural and the Highway Commercial zoning districts; however, there are no standards associated with campground uses. The draft Zoning amendments incorporate the definition of a camping cabin into the Ordinance, clarify that camping cabins are only allowed in permitted campgrounds and limit the number of camping cabins to 15% of the total allowable camping unit sites. The amendment also prohibits mobile homes and manufactured homes in campgrounds and clarifies that accessory structures must meet setbacks and other applicable development regulations. Additional standards may need to be explored with regard to campground standards but Staff may bring such suggestions forward at a later date. Act 67 Changes Some Ordinance amendments are required by changes in 2017 Wisconsin Act 67 as it relates to nonconforming structures, substandard lots, and variance criteria. Nonconforming Structures Nonconforming structure allowances were made to Wisconsin Statutes. A copy of the relevant Statute is shown below: (10e) REPAIR, REBUILDING, AND MAINTENANCE OF CERTAIN NONCONFORMING STRUCTURES. (a) In this subsection: 1. Development regulations" means the part of a zoning ordinance that applies to elements including setback, height, lot coverage, and side yard. 3

4 2. Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. (b) An ordinance may not prohibit, limit based on cost, or require a variance for the repair, maintenance, renovation, rebuilding, or remodeling of a nonconforming structure or any part of a nonconforming structure. The draft amendment deletes several portions of the Nonconforming Uses and Nonconforming Structures section of the Zoning Ordinance, inconsistent with Statute, and adds two provisions: (c) A nonconforming structure or any part of a nonconforming structure may be repaired, maintained, renovated, remodeled, or rebuilt within its existing building envelope. (d) A nonconforming structure or any part of a nonconforming structure may be expanded if the expanded portion conforms with existing development regulations. Provision (d) is an optional provision for Counties, not required by Statute, but was already present in existing County Ordinances section (C) Structures Permitted Within Setback Lines. Alternative regulatory options to the drafted amendments could prohibit or limit expansion of a nonconforming structure. Substandard Lots Authority related to the regulation of substandard lots was also changed by Wisconsin Statutes. A copy of the relevant Statute is shown below: (2)(e) Notwithstanding any other law or rule, or any action or proceeding under the common law, no political subdivision may enact or enforce an ordinance or take any other action that prohibits a property owner from doing any of the following: 1. Conveying an ownership interest in a substandard lot. 2. Using a substandard lot as a building site if all of the following apply: a. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. b. The substandard lot or parcel is developed to comply with all other ordinances of the political subdivision. The draft Zoning Ordinance amendment proposes the following in order to comply with the above Statute: (B) AREA REGULATIONS. (2) Any substandard lot or parcel shown on a recorded subdivision, plat, assessor's plat or conveyance and recorded in the Office of the Register of Deeds for Portage County prior to the adoption of the Ordinance for Portage County may be used as a building site, or for any purpose permitted by this Ordinance, even though such lot or parcel does not conform to the minimum frontage or area requirements of the District which it is located; provided all of the following apply: (a) The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. (b) The substandard lot or parcel is developed to comply with all other Ordinances. Variances Wisconsin Act 67 also codified existing case law related to variances by adding the following Statute: (7)(c)3. A property owner bears the burden of proving unnecessary hardship," as that term is used in this paragraph, for an area variance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome or, for a use variance, by demonstrating that strict compliance with the zoning ordinance would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, a property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner. 4

5 Portage County Zoning Ordinances do not allow for use variances but changes were made to sections 7.1 and 7.7 in the draft amendments for consistency purposes and to comply with Statutes: and (D)(3)(c) (3) The hardship is due to special conditions unique to the property, rather than considerations personal to the property owner; (4) Granting the variance would not be detrimental to surrounding landowners; (5) Hardship is not created by any person having interest in the property; (6) A property owner bears the burden of proving unnecessary hardship by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome; (7) The request represents the minimum relief necessary to relieve unnecessary burdens. The Planning and Zoning Committee will hold a public hearing on the proposed Ordinance amendments at its regular meeting in June. We anticipate that this meeting will take place on June 26, 2018 but will notify Towns prior to the public hearing date. Staff is also scheduled to discuss these changes at the Portage County Towns Association meeting on May 21, Comments on the proposed Ordinance amendments should be provided in writing to the Planning and Zoning Department prior to the public hearing date in June. If you have any comments, or need any additional information, please do not hesitate to contact me. 5

6 7.1 PORTAGE COUNTY ZONING ORDINANCE SECTION I - DISTRICT AND DISTRICT MAPS For the purpose of promoting the public health, safety and general welfare and determining, establishing, regulating and restricting the areas within the County outside the limits of incorporated cities and villages, within which agriculture, forestry, industry, trades, business, recreation and residential uses may be conducted, to establish districts of such number, shape and area, to adopt such regulations for each such district as the County Board has determined to be necessary in order to carry out the purposes of this Ordinance, in accordance with the provisions of Sections 59.69, , , , , , 87.30, and of the Wisconsin Statutes, including within the following towns: Alban, Almond, Amherst, Belmont, Buena Vista, Carson, Dewey, Eau Pleine, Hull, Lanark, Linwood, New Hope, Plover, Sharon and Stockton are hereby divided into 18 use districts, namely: Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section R2 Single Family Residence District R4 Multiple Family Residence District R1 Rural and Urban Fringe Residence District R3 One and Two Family Residence District R5 Waterfront Residence District A4 General Agricultural District CON Conservancy District REC Recreational District A1 Exclusive Agricultural District A2 Agricultural Transition District A3 Low Density Agricultural District A20 Primary Agricultural District RL Rural Limited District C2 Marina District C3 Commercial District C4 Highway Commercial District C1 Neighborhood Commercial District Planned Development District IND Industrial District SINGLE FAMILY RESIDENCE DISTRICT (R2) (1) Single family dwellings, defined for purposes of this subsection only, as detached buildings being a minimum width of 20 feet designed for and occupied exclusively by one family. (4) Accessory buildings, including private garages and buildings clearly incidental to the residential use of the property, provided, however, that no accessory building may be used as a separate dwelling unit. Calculation of square footage of accessory buildings for each site will include the TOTAL of all detached garage space and similar detached structures. This calculation will be measured based on outside dimensions. (e) The design and color of the accessory structure shall compliment complement the residence. Draft

7 (10) Short-term rentals. (b) Occupancy of a short term rental may be limited by the private onsite wastewater treatment system. (11) Bed and breakfast establishment. (b) Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system. (3) Bed and breakfast establishments which meet the following requirements: (a) Up to four rooms may be rented out in the Single Family Residence, Rural and Urban Fringe Residence, One and Two Family Residence, Multiple Family Residence, Waterfront Residence, General Agricultural, Agricultural Transition, Low Density Agricultural, Commercial, Recreational and Neighborhood Commercial Districts. The Board of Adjustment should determine the total number of rooms to be permitted based on the size of the structure, site constraints, neighborhood setting and input from the public during the public hearing. (b) The owner of the bed and breakfast shall be the proprietor of the establishment and shall occupy the property as their main residence at the time of room rental. (c) All residences proposed for bed and breakfast establishments shall maintain their residential appearance and nature. No alterations shall be made to such structures that will give them the appearance of being commercial establishments. No residential structures proposed for bed and breakfast shall be expanded in square footage to accommodate such proposals or development. (d) Off-street (on-site) parking area shall be provided in conformance with the County Zoning Ordinance at the ratio of two spaces for the residence owner, plus one space for each room available for rent as part of the bed and breakfast operation. County staff and the Board of Adjustment shall pay particular attention to how parking arrangements are proposed on-site, with the policy in mind that residential properties are intended to continue to look like residential properties and entire rear yards are not to be turned into parking lots for purposes of accommodating a bed and breakfast establishment. In most cases this policy will help determine how many rental rooms can be aesthetically accommodated on a particular property. Site plans shall detail the landscaping and screening purposed to buffer these parking areas from adjacent residential uses. (e) Developers proposing bed and breakfast establishments shall submit a detailed set of site and building plans showing site layout, parking, landscaping, interior and exterior renovations or improvements, location, size, and design of signage, etc. for review and approval by the Portage County Board of Adjustment. (f) One nonilluminated sign may be erected on the property of the bed and breakfast. Such sign shall not exceed 6 square feet in area, shall meet all other County Zoning and Sign Ordinance requirements, and shall receive Board of Adjustment review and approval. Indirect illumination of the sign is permitted. (g) Meals served at the bed and breakfast shall consist of breakfast only, and shall be served only to residents and overnight guests of the bed and breakfast. No cooking shall be allowed in the guestrooms and no alcoholic beverages shall be served by the proprietor. (h) No bed and breakfast operation shall be established on any parcel of land that does not meet the lot and area requirements of the County Zoning Ordinance for the Zoning District in which the proposal is located. Draft

8 (i) Prior to approval of a bed and breakfast, an inspection of the premises and structure shall be made by the Portage County Environmental Health staff and local fire department. Such agencies and departments shall make available to staff a report indicating any code deficiencies or recommendations of these agencies concerning hazards/improvements that should be addressed prior to approving these establishments as bed and breakfast operations. All bed and breakfast establishments shall comply with all provisions of Wisconsin Administrative Code HSS 197. (4)(3) Schools, churches and cemeteries. (5) Tourist rooming houses. (D) HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS. (1) Height. Except as otherwise provided in this Ordinance, no building shall exceed a height of 35 feet. See Paragraph (C). (2) Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of not less than 720 square feet. See Subsection "Floor Area". (3) Lot Area. Minimum lot area in this District for newly created lots shall be 20,000 square feet, exclusive of road right-of-way. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as the minimum lot area is non-conservancy Zoned. (4) Lot Width. Minimum lot width shall be 100 feet at the building line. (5) Side Yards. There shall be a 10 foot minimum setback from each side yard. (6) Rear Yard. There shall be a 25 foot minimum setback from the rear yard. (7) Setback Lines. See Subsection and (D)(6). (8) Off-Street Parking. See Paragraph (E) MULTIPLE FAMILY RESIDENCE DISTRICT (R4) (B) USE. The following uses are permitted: (1) Any use permitted in the Single Family Residence District. (2) Multiple family dwellings; four or less. (3) Lodging and boarding houses. (1) Any use listed as a special exception in the Single Family Residence District. (2) Mobile home parks, when each such park shall have been approved in writing by the Board of Adjustment, after public hearing. In addition, such mobile home parks shall meet the following requirements; (3) Multiple family dwellings; five or more. (D) HEIGHT, YARDS, AREA AND OTHER REQUIREMENTS. (1) Height. Except as otherwise provided in this Ordinance, no building shall exceed a height of 35 feet. See Paragraph (C). (2) Lot Area and Floor Area. The lot area, lot width and floor area requirements for buildings used in whole or in part for dwelling purposes which are hereafter erected, moved or structurally altered shall provide a lot area and floor area as required by the following table: Draft

9 No. of Families Lot Area Floor Area (see ) 1 20,000 square feet 550 square feet 2 (on 2 floors) 20,000 square feet 1,100 square feet 2 (on 1 floor) 20,000 square feet 1,200 square feet 3 24,000 square feet 1,500 square feet 4 28,000 square feet 1,900 square feet Each additional lot and floor area to be determined by the Board of Adjustment, family over four with the Board of Adjustment to consider as guidelines, 4,000 square feet of additional lot area and 400 square feet additional floor area for each additional family over four, unless other factors, such as soil, flow of underground water, neighboring developments, etc. make greater or lesser areas for each such family more reasonable, provided that when the regulations of the appropriate Wisconsin Administrative Code, require a larger lot area than any of the above, such regulations shall govern for both platted and unplatted areas and lots. Lot area shall exclude road right-of-way. (3) Lot Width. The minimum lot width shall be 100 feet at the building line. (4) Side Yards. There shall be a 10 foot minimum setback from each side yard. (5) Rear Yard. There shall be a 25 foot minimum setback from the rear yard. (6) Setback Lines. See Subsection and (D)(6). (7) Off-Street Parking. See Paragraph (E) RURAL AND URBAN FRINGE RESIDENCE DISTRICT (R1) (1) Any use permitted in the R2 Single Family Residence District. (1) Any use listed as a special exception in the Single Family Residence District ONE AND TWO FAMILY RESIDENCE DISTRICT (R3) (1) Any use permitted in the R2 Single Family Residence District. (2) Two family dwellings. (1) Any use listed as a special exception in the Single Family Residential Zoning District WATERFRONT RESIDENCE DISTRICT (R5) (1) Any use permitted in the R2 Single Family Residence District. (1) Any use listed as a special exception in the Single Family Residence District. Draft

10 GENERAL AGRICULTURAL DISTRICT (A4) (1) Single Family housingdwelling, provided that the creation of five or more residential lots within a 5 year period shall be reviewed by the Planning and Zoning Committee. Single width manufactured homes and/or mobile homes 20 feet wide or less, whether for replacement of an existing dwelling or a new placement, shall not be greater than ten years old unless approved in writing by the Town Board. (11) Home occupations and professional offices as specified in Subsection (B)(6) and (7) and (8). (18) Second farm residence located anywhere on the parent parcel does not require a lot split. (20) Short-term rental. (b) Occupancy of a short term rental may be limited by the private onsite wastewater treatment system. (21) Bed and breakfast establishment. (b) Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system. (5) Migrant labor camps which meet the standards of local and state codes. (6) Mobile home parks, under the provisions established for mobile home parks in Subsection (18) Bed and breakfast establishments as per (C)(3). Reserved for future use. (20) Campgrounds. subject to the following standards: (a) No more than 15% of the allowable camping unit sites shall be occupied as a camping cabin. (b) Mobile homes and manufactured homes are prohibited. (c) Accessory structures such as decks, patios, and storage buildings shall meet all applicable development regulations. (d) Additional standards may be imposed by the Board of Adjustment. (29) Tourist Rooming House. (30)(29) Commercial recreational establishment. (31)(30) Agricultural event centers. (D) HEIGHT, YARDS, AREA, AND OTHER REQUIREMENTS. (1) Height. Except as otherwise provided in this Ordinance, no building shall exceed a height of 35 feet. See Paragraph (C). (2) Lot Area. Minimum lot area in this District for newly created lots shall be two acres, inclusive of road right-of-way. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as the minimum lot area is non-conservancy Zoned. (3) Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows: (a) If occupied or to be occupied for six months or longer in any one calendar year (year-round occupancy), the floor area shall not be less than 720 square feet. Draft

11 (b) If occupied or to be occupied for less than six months in any one calendar year (seasonal occupancy), the floor area shall not be less than 400 square feet. See Subsection , "Floor Area". (4) Lot Width. Minimum lot width shall be 200 feet at the building line. (5) Side Yards. There shall be a 10 foot minimum setback from each side yard. (6) Rear Yard. There shall be a 25 foot minimum setback from the rear yard. (7) Setback Lines. See Subsection and (D)(6). (8) Off-Street Parking. See Subparagraph (E) RECREATIONAL DISTRICT (REC) (A) INTENT. This District is intended to provide for a combination of residential and recreational development of a seasonal and year-round nature. It is the County's policy to no longer utilize the Recreational District for new development and it has been retained in this Ordinance only to accommodate older, preexisting uses remaining with this District. (1) Any uses allowed in the R2 Single Family Residence District. (2) Seasonal Single Family Dwelling EXCLUSIVE AGRICULTURAL DISTRICT (A1) (21) Agriculturally related residences. (a) The only residences allowed as permitted uses are those which are to be occupied by a person who, or a family at least one member of which, earns a majority of his or her livelihood from the farm operation. No lot split shall be required for a second farm residence located anywhere on any operating farm subject to setback, height, and other dimensional requirements. Permitted residences shall also include those of parents or children of the farm family whether such parents or children are engaged in farming or not. Such residences shall be located on a separate parcel which meets the minimum lot area width requirement of the general Agricultural District. (b) Preexisting. Those residences preexisting on the effective date of this section may be continued in residential use and shall not be considered nonconforming uses per 59.69(10) of the Wisconsin State Statutes. Such preexisting residences may be altered, repaired or rebuilt, but are subject to the setback, height and other dimensional requirements. Such residences may be occupied by any person for farm or nonfarm residential purposes, provided that the dwelling remain in single family residential use. (24) Home occupations and professional offices as specified in (B)(6) and (7) and (8). (27) Single family residences on preexisting parcels less than 20 acres. (29) Short-term rental. (b) Occupancy of a short term rental may be limited by the private onsite wastewater treatment system. (30) Bed and breakfast establishment. (b) Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system. Draft

12 (1) Non-farm residences created as the result of farm consolidation. (2) Housing for farm laborers not permitted in the principal use section. (3) Housing for seasonal or migratory farm workers. Migrant labor camps which meet the standards of local and state codes. (16) One residence per 35 acres except as provided in (B)(21)(a) AGRICULTURAL TRANSITION DISTRICT (A2) (1) Any use allowed in the A4 General Agricultural District. (1) Any use listed as a special exception in the A4 General Agricultural District LOW DENSITY AGRICULTURAL DISTRICT (A3) (1) Any use allowed in the A4 General Agricultural District. (1) Any uses listed as special exception in the A4 General Agricultural District PRIMARY AGRICULTURAL DISTRICT (A20) (1) Agriculturally related residences. (a) Residences occupied by a person who, or a family where at least one member of which, earns a majority of his or her livelihood from the farm operation the residence is located on. No lot split shall be required for a second farm residence located anywhere on any operating farm subject to setback, height, and other dimensional requirements. (b) Single width manufactured homes and/or mobile homes 20 feet wide or less shall not be greater than ten years old unless approved by the Town Board. (2) Non-Agriculturally related residences, provided that; (a) Each application includes a scaled drawing indicating the location of the proposed dwelling to the surrounding farms; (b) The dwelling is sited on that portion of the lot which separates it as much as possible from adjacent farming, including minimizing the length of property lines shared by the residential lot and actively farmed lands; (c) The dwelling and its lot are located on the least productive farmland wherever practical; Draft

13 (d) The dwelling is sited on the smallest practical area to satisfy the requirements of this Ordinance and on-site sewage disposal regulations. (e) Single width manufactured homes and/or mobile homes 20 feet wide or less shall not be greater than ten years old unless approved by the Town Board. (3) Preexisting residences. Those residences preexisting on the effective date of this section may be continued in residential use and shall not be considered nonconforming uses per 59.69(10) of the Wisconsin State Statutes. Such preexisting residences may be altered, repaired or rebuilt, but are subject to the setback, height and other dimensional requirements. Such residences may be occupied by any person for farm or nonfarm residential purposes, provided that the dwelling remain in single family residential use. (27) Home occupations and professional offices as specified in (B)(6) and (7) and (8). (30) Short-term rental. (b) Occupancy of a short term rental may be limited by the private onsite wastewater treatment system. (31) Bed and breakfast establishment. (b) Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system. (1) Non-farm residences created as the result of farm consolidation, where lot density is greater than allowed by (D)(3). (2) Housing for farm laborers not permitted in the principal use section. (3) Housing for seasonal or migratory farm workers. Migrant labor camps which meet the standards of local and state codes RURAL LIMITED DISTRICT (RL) (11) Single-family dwellings, defined for purposes of this subsection only, as detached buildings being a minimum width of 20 feet designed for and occupied exclusively by one family, provided the creation of five or more residential lots within a 5 year period shall be reviewed by the Planning and Zoning Committee. (18) Campers Camping units(see General Provisions and Exceptions Sections (13), (16), and (17). (20) Short-term rental. (b) Occupancy of a short term rental may be limited by the private onsite wastewater treatment system. (21) Bed and breakfast establishment. (b) Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system. (7) Single width manufactured homes and/or mobile homes less than 20 feet wide and less than 10 years of age unless approved in writing by the Town Board. Draft

14 (D) HEIGHT, YARDS, AREAS, AND OTHER REQUIREMENTS. (1) Height. Except as otherwise provided in this Ordinance, no building shall exceed a height of 35 feet. See Paragraph (C). (2) Lot Area. There is no minimum district size due to possible application of this District as a buffer to land features independent of lot lines. The minimum lot area will reflect Town policy as stated in the Town Comprehensive Plan when a clear and expressly stated minimum lot area has been established for the Zoning District specifically associated with the Natural Areas Limited land use category. The default minimum for Towns not having a stated minimum lot area for this District shall be 10 acres, inclusive of right-of-way. (a) The alternate Town minimum lot area must be the same as one of the accepted Portage County Zoning District minimum lot areas of 2, 5, 10, 20, or 35 acres. Land in the Conservancy Zoning District can be utilized in the creation of a new lot as long as two acres is non-conservancy Zoned. (b) The Lot Averaging Option of the Portage County Subdivision Ordinance, if authorized for use by the Town Board governing the land in question, may allow for the creation of a smaller lot size, provided the provisions of Section 7.4 Portage County Subdivision Ordinance are followed. (3) Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a minimum floor area of not less than 720 square feet. See Subsection , Floor Area. (3) Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows: (a) If occupied or to be occupied for six months or longer in any one calendar year (year-round occupancy), the floor area shall not be less than 720 square feet. (b) If occupied or to be occupied for less than six months in any one calendar year (seasonal occupancy), the floor area shall not be less than 400 square feet. See Subsection , "Floor Area". (4) Lot Width. Minimum lot width shall be 200 feet at the building line. (5) Side Yard. There shall be a 25 foot minimum side setback from each side yard. (6) Rear Yard. There shall be a 25 foot minimum setback from the rear yard. (7) Setback Lines. See Subparagraph and (D)(6). (8) Off-Street Parking. See Subparagraph (E) MARINA DISTRICT (C2) (A) INTENT. This District is intended to provide for a limited range of water oriented commercial activities. It is the County's policy to no longer utilize the Marina District for new development and it has been retained in this Ordinance only to accommodate older, preexisting uses remaining within this District. (B) USES. In the Marina District, no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this Ordinance, except for one or more of the following uses: (7) Residences of owners or operators when attached to one of the above permitted uses COMMERCIAL DISTRICT (C3) Draft

15 (A) INTENT. It is the intent of this District to provide appropriate areas for medium-scale commercial uses, which serve a community wide area. This District is not intended to be applied in immediate proximity to existing or planned concentrations of single family residential development, where land use conflicts are likely to occur. This District is not intended to be applied where access would be provided via roadways designated as "local" roads on the Portage County Functional Classification Rural System Map. (B) USE. In the Commercial District, no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this Ordinance, except for one or more of the following uses: (2) Residences of owners or operators when attached to one of the permitted uses listed below. (3) Any use permitted in the Marina District. (20) Hotel, motel. (7) Bed and breakfast establishments as per (C)(2) HIGHWAY COMMERCIAL DISTRICT (C4) (A) INTENT. It is the intent of this District to provide appropriate areas for large scale commercial uses, which serve a county-wide or larger regional area. Such uses shall be those generating large traffic volumes and/or requiring visibility and convenient access to major highways. This District is not intended to be applied where access would be provided via roadways designated as minor collectors or local roads on the Portage County Functional Classification Rural System Map. Furthermore, this District is not intended to be applied in close proximity to existing or planned concentrations of single family residential development, where land use conflicts are likely to occur. (8) Hotels and motels. (15) Single family residences provided said residence is an accessory use subsequent to a permitted use of this zone and provided that such residence is a physical part of the permitted use structure. (3) Mobile home parks. (6) Transient trailer parks and Ccampgrounds. subject to the following standards: (a) No more than 15% of the allowable camping unit sites shall be occupied as a camping cabin. (b) Mobile homes and manufactured homes are prohibited. (c) Accessory structures such as decks, patios, and storage buildings shall meet all applicable development regulations. (d) Additional standards may be imposed by the Board of Adjustment NEIGHBORHOOD COMMERCIAL DISTRICT (C1) (A) INTENT. It is the intent of this District to provide appropriate areas for small scale commercial uses, which serve a limited, neighborhood area. Land use and aesthetic compatibility of such businesses with existing or planned residential development, on adjacent lands, shall be emphasized. Draft

16 (12) Single family dwellings, not including residences less than 20 feet wide. (19) Short-term rental. (b) Occupancy of a short term rental may be limited by the private onsite wastewater treatment system. (20) Bed and breakfast establishment. (b) Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system. (8) Bed and breakfast establishment as per (C)(2). (9)(8) Schools, churches and cemeteries. (10)(9) Ponds and/or excavations incidental to uses in this District exceeding 10,000 sq. ft. of total area. Excavated materials must remain on the property unless a plan for their removal is approved by the Planning and Zoning Staff BUILDINGS, AREA, HEIGHT, YARDS, AND PARKING (A) BUILDINGS AND USES. (4) Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one residence building on one lot, except during the construction or moving in of a replacement residence, or as required by section 703 of the Wisconsin Statues regulating condominiums or any successor State Statutes. Under no circumstances shall both residences be occupied at one time. The old residence shall be removed within 30 days of occupancy of the replacement home or time period at the discretion of the Planning and Zoning Department. (6) Nonconforming uses. and nonconforming structures. (a) The existing lawful use of a building or premises at the time of the enactment of this Ordinance or any amendment thereto may be continued although such use does not conform with the provisions of this Ordinance for the District in which it is located, but no building or premises containing a nonconforming use shall be enlarged or extended, unless otherwise approved in writing by the Board of Adjustment after a public hearing. (b) If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall thereafter be changed to a less restricted use. A nonconforming use shall not be changed to another nonconforming use of the same classification unless and until a permit therefore shall first have been secured from the Board of Adjustment. (c)(b) If the nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulations for the District in which it is located. (d) When a building containing a nonconforming use is damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50% of its current market value, it shall not be restored Draft

17 except in conformity with the regulations of the District in which it is located. A one-time addition not to exceed 50% of its current market value at time of becoming nonconforming shall be allowed. (e) The total structural repairs or alterations in any nonconforming use shall not during its life exceed 50% of the current market value at the time of its becoming a nonconforming use unless permanently changed to a conforming use, unless otherwise approved in writing by the Board of Adjustment after a public hearing. (f) The Board of Adjustment, after investigation and public hearing, may authorize the change of a nonconforming use to another of the same classification provided that the Board shall find that the proposed change of use will be no more harmful to the character of the neighborhood than the existing nonconforming use. (c) A nonconforming structure or any part of a nonconforming structure may be repaired, maintained, renovated, remodeled, or rebuilt within its existing building envelope. (d) A nonconforming structure or any part of a nonconforming structure may be expanded if the expanded portion conforms with existing development regulations. (9) All commercial development, in any zoning district, is subject to site plan review by Portage County Planning and Zoning Department staff prior to issuance of a Zoning Permit. Site plan review shall include the following: (a) Road access (b) Stormwater Control Plan and/or Construction Site Erosion Plan (c) Parking and paving (d) Landscaping and screening (e) Lighting (f) Adequacy of setback for structures and storage. Setbacks required by specific zoning districts may need to be modified based on site specific conditions. Commercial structures 100 feet tall or greater shall be set back from the nearest property and/or right-of-way line a distance equal to the height of the structure. (g) An approved Stormwater Control Plan from the WI-DNR must be on file prior to issuance of a Zoning Permit if the development is equal to or larger than one (1) acre. (11) In the Residential District, all residences shall be at least 20 feet wide at the time of its original construction/manufacture. The combining of two residences, each constructed as separate units shall not be permitted. (12) Semi-trailers, mobile homes, travel trailers, campers, automobiles, motor vehicles, etc. cannot be used for any use other than its intended use when it was new. These items may not be used as storage buildings or for storage. (13) Camping units may be stored or parked indefinitely, provided they are stored on the site of the owner s residence. Camping unit(s) cannot be occupied and/or used for storage, and can only be used in an approved location as determined by the Planning and Zoning Department pursuant to (16) and (17) below. (14) No person shall keep, maintain, or have in their possession or under their control or sell or convey within any Residential Zoning District, any farm, dangerous or wild animal; except where explicitly allowed by this Ordinance. (15) Any conservation project(s) and/or practice which have plans and/or permits, approved and/or supervised by the Land and Water Conservation Department Division and/or the Natural Resource Conservation Service, provided that substantive shoreland, floodplain, and wetland concerns are Draft

18 addressed, will not require a special exception approval. A Portage County Zoning Permit will be required before the start of these projects. (16) Temporary use of camping unit(s) 20 days or less in one calendar year. (a) Only two camping unit(s) per parcel. (1) The Town can allow more than two camping units per site for a period of no longer than 4 days. The Portage County Health and Human Services Department and Town shall be notified 3 days prior to the use of the camping unit(s). (b) Sewage must be disposed of properly in accordance with the Portage County Code of Ordinances and any other requirements of the Portage County On-Site Waste Specialist. (c) Camping unit(s) may only be used in Agricultural, Conservancy and/or Rural Limited Zoning Districts except provided by (d) below. (d) Camping unit(s) may be used on a Residentially zoned lot if it has a residence. (e) Camping unit(s) shall be for private use only. (17) Use of camping unit(s) on vacant land for more than 20 days in a calendar year may be allowed, provided the following requirements are met. (a) An annual Portage County Zoning Permit is required. (b) Sewage must be disposed of properly in accordance with the Portage County Code of Ordinances and any other requirements of the Portage County On-Site Waste Specialist. (c) Camping unit(s) may only be used in Agricultural, Conservancy and/or Rural Limited Zoning Districts. (d) Camping unit(s) shall only be used seasonally (less than six months in a calendar year). (e) Only two camping units per parcel shall be allowed unless more are granted permission by the Town in which they are located. A letter from the Town indicating the temporary use of more than two camping units on a parcel must be on file with the Planning and Zoning Department before the camping units are used. (f) Camping unit(s) must be located a minimum of 100 feet from a neighboring residence. (g) The Planning and Zoning Department shall be granted permission from the landowner and owner of the camping unit(s) to conduct yearly on-site inspections with reasonable notice to the landowner and owner of the camping unit(s). (h) Camping unit(s) will be for private use only. (i) Camping unit(s) may be permitted in the R1, R2, R3, and R5 Residence Zoning Districts while a single family home is under construction. (B) AREA REGULATIONS. (1) No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this Ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the District in which a building or premises is located. (2) Any substandard lot or parcel shown on a recorded subdivision, plat, assessor's plat or conveyance and recorded in the Office of the Register of Deeds for Portage County prior to the adoption of the Ordinance for Portage County may be used as a building site, or for any purpose permitted by this Ordinance, even though such lot or parcel does not conform to the minimum frontage or area requirements of the District which it is located; provided all of the following apply:, however, that no multiple family dwelling, or residential unit in combination with some other use, shall be erected, structurally altered or converted in use on any lot having a width of less than 50 feet, except by special permit from the Board of Adjustment and also by meeting the requirements of the appropriate Wisconsin Administrative Code, unless served by public sewer. Draft