Town of Kaukauna

TOWNSHIP OF KAUKAUNA, OUTAGAMIE COUNTY

ZONING ORDINANCE

INDEX

Section Page
1.0 Introduction ……………………………………………... 1
1.1 Authority………………………………………………… 1
1.2 Purpose………………………………………………….. 1
1.3 Intent……………………………………………………. 1
1.4 Abrogation and Greater Restrictions…………………… 1
1.5 Interpretation…………………………………………… 2
1.6 Severability…………………………………………….. 2
1.7 Title…………………………………………………….. 2
1.8 Adoption and Effective date …………………………… 2

2.0 General Provisions ……………………………………. 2
2.1 Jurisdiction ……………………………………………. 2
2.2 Compliance, Violations and Penalties………………… 2
2.3 Building Inspector powers ……………………………. 3
2.4 Town Planning Commission and Board of Appeals….. 3
2.5 Use Regulations ………………………………………. 5
2.6 Site Regulations ………………………………………. 6
2.7 Public Streets …………………………………………. 7
2.8 Sanitary Regulations ………………………………….. 7
2.9 Pet and Animal Regulations ………………………….. 8
2.10 Reduction of Joint Use ……………………………….. 8
2.11 Regulation ( Lagooning, dredging, & excavating) …… 8
2.12 Non-Conforming Uses ……………………………….. 8

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Section
3.0 Zoning Districts ………………………………………. 9
3.1 Establishment ………………………………………… 9
3.2 Zoning Map …………………………………………... 9
3.3 Agricultural …………………………………………… 10
3.4 Resource Conservation District ……………………… 12
3.5 Rural Development District …………………………. 14
3.6 Mobil Home Exception ……………………………… 15
(When not in a Mobil Home Park)
3.7 Commercial District …………………………………. 15
3.8 Light Industrial District ……………………………... 17
3.9 Heavy Industrial District ……………………………. 18

4.0 Special Exceptions ………………………………….. 19
4.1 Rezone Request ……………………………………… 20
4.2 Non-Conforming Uses, Structure and Lots ………… 21

Appendixes
Appendix A …………………………………………. 23

Appendix B …………………………………………. 24

Appendix C …………………………………………. 26

Definitions ………………………………………………………….. 27

II

TOWNSHIP OF KAUKAUNA
ZONING ORDINANCE

Section
1.0 Introduction

1.1 Authority
This Ordinance is adopted under the authority granted by Wisconsin Statutes Chapter 60,61and 62, and amendments thereto. The Town Board of Supervisors of the Town of Kaukauna, Outagamie County, Wisconsin do ordain as follows:

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

1.3 Intent
It is the general intent of this Ordinance to provide guidelines for the use of
structures, lands and waters; to regulate lot coverage, population distribution and
density, and the size and location of all structures so as to: promote the safety and
efficiency of the streets and highways; secure safety from fire, flooding, panic,
and other dangers; provide adequate light, air, sanitation and drainage; prevent
overcrowding; avoid undue population concentration; stabilize and protect
property values; further the appropriate use of land and conservation of natural
resources; preserve and promote the beauty of the Town. It is further intended to
secure safety from flooding, water pollution, contamination, and other hazards;
prevent flood damage to persons and other property and minimize expenditures
for flood relief and flood control projects; obtain the wise use, conservation,
development, and wildlife resources according to their capabilities; further
maintenance of safe and healthful water conditions; prevent and control erosion,
sedimentation and other pollution of surface and sub-surface waters; preserve
shore grown and cover and promote the natural beauty of the Town; protect fish
and animal life, including their spawning, nestling, nursing, and feeding areas.

1.4 Abrogation and Greater Restrictions
It is not intended by this Ordinance 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
laws. However, wherever this ordinance imposes greater restrictions, the
provisions of this Ordinance shall govern.


1.

Section
1.5 Interpretation
In their interpretation and application, the provisions of this Ordinance shall be
held to be minimum requirements and shall be liberally construed in favor of the
Ordinance and shall not be deemed a limitation or repeal of any other power
granted buy the Wisconsin Statutes.

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

1.7 Title
This Ordinance shall be known as, referred to, or cited as, the “Township of
Kaukauna Zoning Ordinance,” Town of Kaukauna, Outagamie County,
Wisconsin.

1.8 Adoption and Effective Date
This Ordinance shall be effective after a Township public hearing;
recommendation by the Town Zoning Advisory Committee; adoption by the
Town Board of Supervisors; review and adoption by the County Board of
Supervisors; and publication or posting as provided by law.

2.0 General Provisions

2.1 Jurisdiction
The provisions of these Ordinances shall apply to all structures and land within
the Township of Kaukauna, Outagamie County, Wisconsin.

2.2 Compliance, Violations, and Penalties
The provisions of these Ordinance shall be enforced by or under the direction of
the Town Board. Any persons, firm or corporation who violates, disobeys,
neglects, or refuses to comply with or resists the enforcement of any of the
provisions of this Ordinance shall upon conviction, forfeit not less than $10.00 or
more than $500.00 for each offence, together with the cost of prosecution, shall be
imprisoned until said forfeiture and cost are paid, but not to exceed thirty (30)
days for each violation. Each day that a violation continues to exist shall
constitute a separate offense. Compliance herewith may also be enforced by
injunction order at the suit of the Township or the owner or owners or real
estate within the district affected by the regulations of this Ordinance.

No structure or land shall hereafter be used and no structure or part thereof shall
hereafter be located, erected, moved, reconstructed, extended, enlarged,

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sec. converted, or structurally altered without a land use permit, and without full
compliance with the provisions of this Ordinance and all other applicable local,
County and State regulations.

Nothing herein contained shall require any changes in plans, construction , size,
or designated use if any building, or part thereof, for which a land use permit has
been issued before and effective date of this Ordinance.

2.3 Permit Administrator powers. The permit Administrator shall accept all
applications, issue or deny all land use permits, investigate all complaints, give
notice of violations, and enforce the provisions of this Ordinance, other than new
Residents. All violations of this Ordinance shall be reported to the Town Board,
who shall see to it that action is brought to enforce the provisions of this
ordinance.

The Town Board and their deputies shall have access to premises and structures
during reasonable hours to make those inspections as deemed necessary by him to
ensure compliance with this Ordinance.

2.4 Town Planning Commission and Board of Adjustment.
There is hereby recommended an on-going Planning Commission, to preserve,
protect, and promote the ideals set forth in this Ordinance, using the “Preserving
Local Resources” booklet as a guide.

A. Town Planning Commission
The Board shall establish and appoint a Town Planning Commission
comprised of one member of the Board of Supervisors, one member of
the Board of Appeals, and 5 Township citizens shall serve. The
Planning Commission shall at all times have seven members. The Town
Supervisor will be appointed by a two-thirds vote of the Town Board and
Elected at each annual Township meeting in April. The five citizens shall
be appointed by the Town Board upon creation of the Town Planning
Commission, to hold office; one (1) for one (1) year, two (2) for two
(2) years and two (2) for three (3) years. The terms shall be from the
succeeding May 1 and thereafter, annually during the Annual Town
meeting expired terms shall be appointed for a three year term.
The Board of Appeals shall be appointed as stated in the State Statutes
(60.65).

The functions of the Town Planning Commission shall be as specified in
Wisconsin State Statute 60.61.(3) and (4) as amended, at the enactment of
this Ordinance


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It shall be the duty of the Town Planning Commission to advise the Town
Board on all zoning and related land use matters. A copy of the application
for special exception or rezone or other variance matter, shall be provided
to the Town Planning Commission at the time of the application. The
Town Planning Commission may advise the Town Board on any such
application prior to action by the Town Board. Such action is merely
advisory and is not binding upon the Town Board.

B. Board of Appeals
(1). The Town Board shall appoint a Board of Adjustment consisting of five members. Two members from the Town Board , who shall serve for a two year term, one member from the Planning Commission, who shall serve for a one year term and two Town ship citizens, who shall serve for a three year term, 1 for a two year term and 1 for three year term. The Board of Adjustment shall be compensated as fixed by the Town Board. The Board of Adjustment may employ a secretary for the purpose of keeping records and minutes during its meeting and public hearings. The Town Board may appoint, for a staggered term of three years, two alternate members of such Board of Adjustment in addition to the five members. Annually the Town Board shall designate one of the alternates as the first alternate, and the other as the second alternate. The first alternate shall act with full power only when a member of the Board of Adjustment refuses to vote because of conflict of interest or is absent. The second alternate shall act in like manner only if the first alternate so refuses or is absent or more than one member of the board so refuses for conflict or interest or is absent.

(2) The Board of Adjustment shall function as specified in 60.65 of Wisconsin State Statutes, as amended, at the time of enactment of this Ordinance and according to any additional rules of procedure as fixed by this Ordinance or by the Board of Adjustment. The Board of a Adjustment has the power, in addition to those specified in the aforementioned statute and as otherwise enumerated in this Ordinance.

(a) To hear and decide special exceptions to terms of this Ordinance.

(b) To grant a permit for a temporary building for commerce or industry in a Residential or Agriculture district which is incidental to the residential development, but no such permit shall be granted for a period of more than one year.


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(c) To grant a permit for the erection and use of a building or premised in any location to a public service corporation or for a public utility purpose which the Board of Adjustment finds reasonably necessary for the public convenience, safety, or welfare.

(d) To grant a permit for the location of uses listed in the Light and Heavy Industrial district, when the Board of Adjustment determined that the proposed location and use will not be detrimental, hazardous or injurious to the community, nor noxious by reason of the emission smoke, dust, gas, noise or odors.

(e) After public hearing, to designate areas in the Agriculture District to be used for sanitary landfill. The boundaries of such area shall be defined and they shall be located not less than one-half mile from any residence and a reasonable distance from any Federal, State, County trunk highway or town road. The location of such public dumping grounds may be changed from time to time by the same method by which they were originally established.

2.5 Use Regulations

Only the following uses and their essential services may be allowed in any
district.

A. Permitted Uses specified for a district.

B. Accessory Uses and structure is present or under construction. Uses accessory to residential developments may not involve the conduct of any business, trade, or industry except for home and professional occupations as provided herein.

C. Special Exceptions and their accessory uses may be permitted in specified districts after review, public hearing, and approval by the Board of Adjustment in accordance with procedures and standards established in Section 4.0 of this Ordinance.

D. Uses Not Specified in this Ordinance may by permitted by the Town Board after the Town Planning Commission has made a review and written recommendation and provided that such uses are similar in character to the permitted uses in the district.



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E. Temporary Uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Town Board of Adjustment provided such uses ate treated as Special Exceptions in the “ Rural Development District.”

2.6 Site Regulations
All lots shall front on a public street or other officially approved way; all principle structures shall be located on a lot; and only one principal structure shall be located, erected, or moved onto a lot for residential use.

A All lots Created for Residential Use shall have a minimum lot size of one acre (1) of useable land, except as otherwise provided in section 3.3 of this Ordinance.

B. Every Split or Division of Land in the Town ship of Kaukauna shall require a certified survey map and a copy of such survey map shall be filed with the Town Clerk and recorded in the office of the Outagamie County Registered of Deeds.

C. A Subdivision is created when the division of a lot, parcel or tract of land creates more than four new parcels from the parent parcel. Due to being under County Subdivision rules all regulations shall apply to Outagamie County Subdivision Ordinance.

D. With and Area of all lots shall be as follows: The width of all lots shall
not be less than one hundred and fifty (150) feet with the exception of a lot
on a cul-de-sac shall not be less than seventy five (75) feet frontage with rear lot minimum of 150 ft. The area of all such lots shall not be less than one (1) acre of useable land per single family dwelling unit to be constructed on the lot. The side and rear yard of all lots shall not be less than twenty (20) feet in width. Set backs for unattached accessory building in the rural development district shall not be less than seven (7) feet from side and rear lot lines, but only if adequate vehicle access to the rear yard is provided.

E. Setback Lines Established. For the purpose of this chapter, all highways in Outagamie County outside the limits of incorporated cities and Villages are divided into Class “A” highways and Class “B” highways.

(1) All State, Federal and County highways are hereby designated as Class “A” highways.


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(2) The setback for Class “A” highways shall not be less than fifty-five (55) feet from the highway right-of-way line or forty-five (45) from a service road right-of-way line, provided the service road runs parallel and is adjacent to the Class “A” highway.

(3) All highways not classified as Class “A” highways, except streets in platted subdivisions, are hereby designated as Class “B” highways.


(4) The setback for Class “B” highways shall not be less than sixty-five (65) feet from the center line of the highway or thirty-two (32) feet from the right-of-way line, whichever is greater.

(5) The setback for streets in platted subdivisions shall be as specified for the district in which the street is located.

(6) Where the locations of two or more highways of different classifications are coincidental, the greater setback shall apply.

2.7 Public Streets
All lots not of public record as of the effective date of this Ordinance shall abut upon a public street or other officially approved way. No Land Use Permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width, and no Land Use Permit shall be issued for a lot which abuts a street which is not built to Town specifications and officially deeded to and accepted by the Town Board.

All improvement costs necessary to bring proposed streets to Town specifications shall be borne entirely by the land developer.

All dead end streets shall end in a cul-de-sac and said cul-de-sac shall have a minimum roadway radius of fifty (50) feet. No dead end street shall exceed one thousand (1000) feet in length.

2.8 Sanitary Regulations
No private water supply or sewage disposal system or parts thereof shall be located, installed, moved reconstructed, extended, enlarged, converted, substantially altered or their use changed without a Sanitary Permit and without full compliance with the County Sanitary Ordinance.

A. No Land Use Permit shall be issued until a safe and adequate water supply and sewage disposal system is assured and a sanitary permit is issued.

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B. Holding Tanks and Mound Type sewage absorption systems are allowed in the Town as approved by County Sanitary Ordinance.

C. Disposition of Waste Material in the Town is restricted by the “Ordinance Regulating Disposition of Wastes Material,” contained in this Ordinance as Appendix A.

2.9 Pet and Animal Regulation

A. Household Pets shall be permitted in all zoning districts; provided that not more than four dogs are kept on any one premises, and provided further that no animal, fowl, or pets are bred or reared on such premises for commercial purposes or sold therefore. Not withstanding the foregoing, however, offspring of permitted household pets may be kept and sold from the premises for a period of up to eight (8) months. A dog license must be applied for in the Town of Kaukauna for each dog owned and shall be applied for from the Town Treasure. Proof of shots is required to apply for a dog license.

B. All Animals Other Than Household Pets shall be permitted only in the Agricultural and Conservation Districts.

2.10 Reduction or Joint Use
No lot, yard, parking area, building are, sanitary sewage disposal area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this ordinance. No part of any lot, yard, parking area, sanitary sewage disposal area, or other space required for a structure or use shall be used to meet the requirements for any other structure or use.

2.11 Regulation
Regulation of lagoons, dredging and excavation is necessary to protect the citizens of the Town of Kaukauna.

A. Land Use Permits and Special Exception Permits
A land use permit shall be required for all lagoons, dredging, or excavation within the Township.

B. Extraction Operations and Land reclamation
At the time of site operation and discontinuation or abandonment at a horizontal to vertical slope of 3:1 or flatter must be stabilized to prevent erosion. The top of the slope should be ten (10) feet from the property line.

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2.12 Non-Conforming Uses of Structures and Land
The lawful use of land and buildings existing at the time of the adoption of this Ordinance, although such use does not conform the provisions hereof, may be continued, but if such non-conforming use is discontinued, any future use of the said premises shall be in conformity with the provisions of this Ordinance. Such use may be extended throughout the building but no additions or structural alterations to such building shall be permitted unless the use thereof is changed to a conforming use. The non-conforming use of a building or premises may be changed to another non-conforming use of the same or a more restrictive classification. Whenever a non-conforming use of a building or premises has been changed to a more restrictive use, such use shall not thereafter be changed to a less restrictive use.
A. Whenever Changes Occur in district boundaries or regulations, any then existing non-conforming use in such changed district may be continued or changed to a use permitted in the same district as that in which the existing use is permitted, provided that all other regulations governing the new use are complied with.

3.0 Zoning Districts

3.1 Establishment
For the purpose of this Ordinance, the Township of Kaukauna, Outagamie County, State of Wisconsin, outside the limits of incorporated villages and cities is hereby divided into the following six zoning districts, namely:

A. Exclusive Agricultural Land District.
B. Resource Conservation District.
C. Rural Development District.
D. Commercial District.
E. Light Industrial District.
F. Heavy Industrial District.

The boundaries of these six districts are hereby established as shown on maps entitled “Kaukauna Zoning Maps, Township of Kaukauna, Outagamie County, Wisconsin” which accompanies and is a part of this Ordinance. All notations, references and other information shown upon the said zoning map shall be as
much a part of this Ordinance as if the matter and things set forth by the said map
were fully described herein.

The Resource Conservation District shall be an overlay District over the districts. The Zoning maps shall indicate the underlying zoning of the Resource Conservation overlay where appropriate.

9.

3.2 Zoning Map
The official copy of the Kaukauna Zoning Maps shall be adopted as part of this
Ordinance and shall be available to the public through the Town Clerk. The Town
Planning Commission shall from time to time update the Town of Kaukauna
Zoning Maps as necessary to reflect changes in zoning district boundaries brought
about by rezoning proceedings.

3.3 Exclusive Agricultural Lands District
the purpose of this district is to: (1) preserve, maintain and enhance productive agricultural lands for food and fiber production; and (2) preserve productive farms by preventing land use conflicts between incompatible uses.

A. Lands Included Within the District shall be those which meet the following criteria: where sixty percent (60%0 or more of a single contiguous ownership of thirty-five (35) acres or more in size is mapped prime farmland, and the prime farmland consists of thirty-five (35) or more contiguous acres, then the entire ownership shall be considered prime farmland and be contained in the Agricultural Land District.

B. Prime Farmland is defined as all lands covered by Class I, II, and III soils as rated by the U.S. Department of Agriculture, Soil Conservation Service. As a matter of policy, it is hereby that the highest and best use of these lands is agriculture. The agricultural value of this land is to be maintained by the protecting of these from the intrusion of urban uses through local planning and zoning

C. Permitted Uses
1. Dairying
2. Floriculture (cultivations of ornamental flowering plants)
3. Grazing
4. Livestock rising
5. Feedlots
6. Poultry rising
7. Plant nurseries and orchards
8. Raising of grain, grass, mint, seed crops
9. Raising of tree fruit, nuts and berries
10. Sod Farming
11. Vegetable rising
12. Viticulture
13. Forests and game management
14. Nature trails and walks
15. Greenhouses

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16. One roadside stand per farm, or not more than three hundred square feet, used solely for the sale of products on the premises or adjoining premises
17. Facilities used in processing of agricultural products including creameries, cheese factories, canneries, sawmills, and alcohol manufacturing.
18. Drainage
19. Flood overflow, movement of water, and stream bank protection.
20. Wilderness and wildlife preservations areas.

D. Agriculturally Related Residences. The only residences allowed as a permitted use is one (1) single family residence or mobile home which is to be occupied by a person who, or a family at least one member of which, earns a substantial part of his or her livelihood from farm operations on the farm parcel. Two additional single family residences may be allowed as a Special Exception (conditional use) provided it is to be occupied by a person who, or a family at least one member who earns a substantial part of his or her livelihood from farm operations on the farm parcel or a Parent/Child or owner/ operator of the farm. They would still have to comply with Outagamie County Subdivision Ordinance regulations.

E. Pre-existing Residences located in areas subject to zoning under this section which do not conform to this paragraph may be continued in residential use or shall not be subject to any limitations imposed or authorized under section 59.97(10). Such pre-existing residences may be altered, repaired or rebuilt if destroyed but are subject to setback, height and other dimensional requirements.

F. Special Exceptions

1. Stables
2. Cemeteries and Crematories
3. Hospitals
4. Colleges and Universities
5. Apiaries
6. Fish Farms
7. Fur Farms
8. Utilities [as provided for the S.S. 91.75(4)]
9. Pea Vineries
10. Temporary housing for seasonal farm labor. Temporary housing is not to be occupied in excess of one hundred eighty (180) days per year
11. Religious uses such as churches, schools and cemeteries.
12. Hatching, raising, fattening or butchering of fowl.

11.
13. Commercial raising, propagation, boarding or butchering of animals such as foxes, goats, mink, pigs, rabbits, and cattle.
14. Highway storage garages, gravel pits and quarries, schools, parks and campgrounds, public buildings.
15. Two single family dwelling in excess of one per farm operation for occupation by a person who, or a family at least one member of which earns substantial part of his or her livelihood from farm operation on the farm parcel, or a parent of the operator of the farm.
16. Telecommunications Towers
17. Farm machinery
18. Child or senior care.

G. Minimum
Lot:
1. The minimum lot size to establish a residence or a farm operation is thirty-five acres (35), except as provided in 2 through 4 below.
2. The minimum lot size to establish a separate parcel for an additional residence for persons earning a substantial part of their livelihood from the farm operations or parents of children of the farm operator shall be one (1) acre.
3. Where an additional residence for persons specified in 2 above are located on a farm without creating a separate parcel, the residence shall be at least forty (40) feet from other residences.
4. The minimum lot size for farm residences or structures which existed prior to the adoption of this ordinance and which are separated from a larger parcel through farm consolidated shall be
one (1) acre.

H. Height:
1. The maximum of height of a farm dwelling shall be thirty-five (35) feet.

2. The maximum height of other structures shall be two times their distance from the nearest lot line.

I. Yards:
1. The maximum side yard and setback for farm dwellings shall be as specified by the Town of Kaukauna Ordinances for residential development. (sec 2.6).
2. The minimum rear yard for farm accessory structures shall be
twenty-five (25) feet from the nearest lot line. Side yards shall be fifty (50) feet from the nearest lot line.

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3. Highway setbacks for farm dwellings and structures shall be as specified in sec 2.6 of the Township of Kaukauna Zoning Ordinance.
J. Minimum Lot Size, Height and Yard requirements for Special Exceptions:
1. The minimum lot, size, height and yard requirements for special exception uses shall be the same as specified for permitted uses by the Township of Kaukauna Zoning Ordinance.

3.4 Resources Conservation District
A. The Purpose of the district is to preserve, protect, enhance, and restore all significant woodlands, streams, lakes, wetlands, related scenic areas, sub marginal farm lands, and abandoned mineral extraction lands within the Township. Regulation of these areas will serve to control erosion and sedimentation; and will promote and maintain the natural beauty of the Township, while seeking to assure the preservation and protection of areas of significant topography, natural watersheds, ground and surface water, potential recreation sites, wildlife habitat, and other natural resource characteristics that contribute to the environmental quality of the Town.

B Lands Included within the Wetlands District consists of those lands in the Township of Kaukauna which are mapped as floodway or floodplain areas on the U.S. Department of Housing and Urban Development’s Flood Boundary and Floodway Maps which are on file in the office of the Outagamie County Zoning Administration Office. In addition to these lands, the Wetlands District also includes wetlands as delineated by type according to categories developed in the U.S. Fish and Wildlife Service’s Circular 39 and mapped by East Central Wisconsin Regional Planning Commission.

C. The Resource Conservation District is and overlay over the Prime Agricultural Land District and the other districts. Where the Resource Conservation District overlays the Rural Development, Commercial, Light Industrial, or Heavy Industrial District, only the Resource Conservation District permitted uses, exceptions and requirements apply. Where the Resource Conservation District overlays the Prime Agricultural Land District, the most restrictive provisions of either of these two districts apply.

D. Permitted Uses
The following uses are permitted in this district provided that such uses are conducted in accordance with acceptable conservation standards and such use would not substantially disturb or impair the natural fauna, flora water courses, water regimen or topography.

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1. Farming and related agricultural uses in accordance with the S.C.S. Conservation Standards
2. Boat Landing Sites
3. Fish Hatcheries
4. Flood overflow and movement of water
5. Forest and Game management
6. Hunting and fishing clubs
7. Navigation
8. Park and Recreation areas
9. Stream bank protection
10. Swimming beaches
11. Wilderness areas and wildlife preservation and refuges
12. Hiking and Nature trails
13. Wild crop harvesting

E. Special Exceptions
1. Building and structures when related to permitted uses
2. Drainage
3. Impoundment
4. Telecommunication Towers.

3.5 Rural Development District
The Purpose of the Rural Development District is to designate those areas where unsewaged home sites could be developed on a scattered basis.

A. Permitted Uses. No building or premises shall be used and no building shall hereafter be erected or structurally altered, unless for one or more of the following uses:

1. Single Family Dwellings
2. Churches, schools, colleges, libraries, museums, hospitals, and community buildings
3. General farming and truck gardening, except farms operated for the disposal or reduction of garbage, sewage, rubbish or offal and fur farms.
4. Nurseries and greenhouses.
5. Parks, playgrounds, golf courses and private clubs, except those whose principal activity is a service customarily carried on as a business.
6. Telephone offices, telephone, telegraph, television and power transmissions lines and substations.
7. Accessory buildings.


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8. Uses customarily incident to the above permitted uses when located on the same lot and not including the conduct of business, including the office of a physician, lawyer, architect, engineer, surgeon, dentist, musician or similar profession, when situated with the dwelling provided that no name plate exceeding one square foot in area shall be permitted.
9. Home occupations not involving the conduct of business on the premises.
10. Signs pertaining to the lease, hire or sale of the premises, not more than two square feet in area.

B. Special Exceptions. The following uses, when the location of each use shall have been approved by the Board of Adjustment, shall be a permitted special exceptions. Such approval shall be consistent with the general purpose and intent of this chapter and shall be based upon the desirability or understandability for the proposed location from the standpoint of public interest because of such factors as, without limitation because of enumeration, smoke, dust, noxious or toxic gases and odors, noise, vibration, heavy vehicular traffic and increased traffic on public streets, such uses shall also be required to meet the specific conditions attached below.
1. A combination residence and professional office of a doctor, dentist, chiropractor, professional engineer, architect or similar profession provided:
a. No more than one principal and one assistant employed on the premises, and,
b. Off-street parking shall be provided for at least five cars. Such parking area shall be shielded from view of adjoining residences by a decorative fence at least five feet high, and
c. One sign no more than four square feet in area may be permitted indicating the name and nature of the profession only. Such sign shall be attached to the building or shall comply with set-back regulations specified in Highway Setback Lines.
2 Two family residences.
3. Manufactured and/ or Mobil home.
4. Telecommunication Towers.




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3.6 Mobile Home Exception when not in a Mobile Home Park
A. Single Mobile Homes may be parked in any district for a period not exceeding thirty (30) days without securing a permit from the Town Board provided that the location of such mobile home shall comply with the regulations for accessory buildings in that district. Single trailers parked for longer than thirty (30) days shall be considered a residence, and the owner thereof shall apply for a permit from the Town Board and comply with all the other regulations set out in this chapter.
B. Under no circumstances, unless the owner of the mobile home owns the land on which the mobile home is located, may a mobile home be occupied as a residence for a period of more than ninety (90) days, without securing an extension of time from the Town Clerk, who will only issue such extension subject to the approval and conditions as determined by the Town Board.
C. Mobile and/or manufactured homes must meet manufacture housing codes after 1976.

3.7 Commercial District
A. uses In the Commercial District no building or premises shall be used, and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following specified uses:
1. All uses permitted in the Single Family Residence District.
2. Two-family residences
3. Retail business and service establishments providing:
a. There shall be no manufacture, compounding or treatment of products other than that which is clearly incidental and essential to a retail store or business and where all such products are sold at retail on the premises.
b. Such uses, operations or products shall not be objectionable due odor, dust, smoke, vibrations or other similar causes.
4. A temporary structure only on approval of the Town Board and a time element shall be placed on such structure for removal or completion
5. Contractor’s storage yards employing not more than five persons.
6. Motor vehicle sales, service and repairs provided that no entrance or exit from such establishment shall be located within two hundred feet (200’) of an entrance to or exit from a public or a private school, park, playground, public library, church, hospital, home for children, or the aged or other similar public or semi-public institution.


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7. Billboards and signs providing such structures, regardless of size, comply with setback regulations.
8. Clinic
9 Special Exceptions
The following uses when the location thereof has been approved in writing by the Board of Appeals and such approval shall be consistent with the general purpose and intent of this chapter and shall be based upon such evidence as may be presented at the public hearing tending to show the desirability or undesirability of specific proposed use from the stand point of the public interest, because of such factors as, without limitation because of enumeration, dust, noise, glare, odor, vibration and increased traffic on the public streets:
a. Animal hospital, pet shop, veterinary.
b. Auction house, provided that there is sufficient off-street parking.
c. Automobile sales room, garage, service station and storage yard for vehicles, equipment or sales supplies, including used car lots, but not including automobile wrecking yards and truck yards.
d. Dance hall, skating rink and commercial recreational center
e. Go-Kart and other similar race tracks.
f. Taverns, beer depots, liquor stores.
g. Wholesaler, distributor.
h. Tourist camps when such camps provide not less than 3,800 square feet of lot area for each cabin, trailer, tent, or house car, provided however, that no person other than the owner shall occupy any tourist camp for more than ninety (90) days in any one year.
i. Telecommunication Towers.


B. Height and Area
1 Height. Buildings hereafter erected or structurally altered shall exceed neither four stories nor fifty (50) feet in height.






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2. Setback. Shall not be less than twenty-five (25) from all roads, alleys, and service roads except for U.S. Highway “41” and all
class “A” Highways which shall require a setback of fifty-five (55)
feet from the highway right-of-way line unless such highways are provided with service roads, in which case the set back shall be twenty-five (25) feet from the service road right-of-way line, otherwise as provided in Highway Setback Lines. Set backs for on premise signs shall not be less than five (5) feet from the road right of way and seventy five (75) feet from an intersection and no less than ten (10) feet from the ground in Commercial and Light Industrial District. Bill Board signs shall refer to the Bill Board Ordinance.
3. Rear Yard. There shall be a rear yard of not less than twenty-five (25) feet.
4. Side Yard. For buildings or parts of buildings hereafter erected or structurally altered for residential use, the side yard regulations of the Rural Development District shall apply. In all other cases a side yard of five feet is required unless adequate vehicle access to the rear yard is provided and is approved by the Town Board, in which case the Town Board may eliminate the side yard requirement.
5. Lot Area. For building or parts of buildings hereafter erected, moved or structurally altered for residential purposes, the lot area requirements of the Rural Development shall apply, otherwise there shall be no minimum lot area for this district.

3.8 Light Industrial District
A. Uses. In the Light Industrial District no premises shall be used and no building shall be erected or structurally altered, unless otherwise provided in this chapter except for one or more of the following uses:
1. All uses permitted in the Commercial District.
2. Printing and Publishing.
3. Paper products manufacturing except for manufacture of paper.
4. Repair, service and assembly of vehicles.
5. Storage and warehousing, except the storage of old iron, bottles, rags or junk, or so called automobile wrecking garage or business of wrecking and parking automobile wrecks on the premises or in garages.
6. Bottling works and non-alcoholic beverage manufacture.
7. Food processing and packing.
8. Contractor’s storage yards.
9. Fuel and material yards.
10. Wood products manufacture and repair.

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11. Office, home appliance and sporting goods manufacture.
12. Wholesale business.
13. Leather goods manufacture.
14. Manufacture of products from woven goods.
15. Cleaning, dyeing, pressing and laundry establishments.
16. Laboratories.
17. Jewelry and cosmetic manufacture.
18. Telecommunication Towers.
19. Enameling and painting.
20. Sheet metal works and tinsmith.
21. Ice plant.
22. Warehousing.
23. Bakeries.
24. Any kind of processing or treatment which is clearly incidental to
the conduct of a wholesale business conducted on the premises.
25. Power Plant.

B. Automotive Salvage yards. No automotive selvage on the property.

C. Height and Area For buildings or parts of buildings hereafter erected,
moved or structurally altered, the height and area requirements shall be the
same as for the Commercial District.

D. Noise Ordinance: See attached sheet. This ordinance is new.


3.9 Heavy Industrial District.
A. Permitted. In the Heavy Industrial District a building or premises may be
used for any use except the following:
1. Residential, educational and institutional uses.
2. Uses which are hazardous and uses which are noxious by reason of
the emission of smoke, dust, gas, odors, or noise, unless the
location of such use has been approved by the Board of
Adjustment after a Public hearing.
3. Wrecking or storage yard, unless it shall be fenced in by a tight
board fence or equal, at least eight (8) feet high and such fence
shall comply with the setback regulations. The location shall be
approved by the Board of Appeals after a public hearing.
4. Telecommunication Towers shall be permitted.

B. Height and Area. Same as Commercial District.
1. Side and Rear Yards. Same as Commercial District
2. Setback. Same as Commercial District.

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4.0 Special Exception:
A. Application for Special Exception permits shall be made in triplicate with
one (1) copy to the Board of Adjustment, one(1) copy to the Town Clerk,
and one (1) copy filed with the Planning Commission, and shall include the
following where pertinent and necessary for proper review by the Board of
Adjustment.

1. Name and Address of the applicant, owner of the site, architect,
professional engineer, contractor, and all opposite and abutting
property owners on record.
2. Description of the subject site; by lot, block, and recordable
subdivision or by metes and bounds; address of the subject site;
type of structure; proposed operation or use of the structure or site;
number of employees; and the zoning district within which the
subject site lies.
3. Plat of Survey Prepared by a land surveyor registered in Wisconsin or other map drawn to scale showing the location of property boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures existing and proposed easements, streets and other public ways; off- street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat if survey shall show the location, elevation and use of any abutting lands and their structures within forty (40) feet of the subject site; soil mapping unit lines; mean and historic high water lines, on or within forty (40) feet of the subject premises, and existing and proposed landscaping.
4. Any Additional Information may be required by the Board of Appeals which is pertinent and necessary for proper review.
5. Fee Receipt Fees shall be set by the Town Board.

B. Review and Approval. The Board of Adjustment shall review the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway location, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the efforts of the proposed use, structure, operation, and improvement upon flood damage protection, water quality, shore land cover, natural beauty and wildlife habitat, and shall hold a public hearing after publishing a Class 2 notice thereof under Chapter 985, Wisconsin Statutes. The Board of Appeals may issue a special exception permit after review and public hearing, provided that such special exception and structures are in accordance with the purpose and intent of this Ordinance and are found to be not hazardous, harmful, offensive or otherwise not adverse to the environmental quality, water quality, shore land cover or property values in the Township.
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1. Condition such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal systems, higher performance standards , street dedication, certified survey maps, flood proofing, ground cover, diversions, setting basins, terraces, steam bank protection, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or additional parking may be required by the Board of Appeals upon finding that these are necessary to fulfill the purpose and intent of this Ordinance, the State Water Resources Act of 1965, and to meet the provisions of the Wisconsin and Outagamie County Floodplain and Shore land Management Programs.
2. Compliance with all other provisions of this ordinance, such as lot, width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.
3. Existing Uses all uses existing at the effective date of this Ordinance which would be classified as conditional uses in the particular zoning distract concerned if they were to be established after the effective date of this ordinance, are hereby declared to be conforming special exceptions to the extend of the existing operation only. Any addition, alteration, extension or other proposed change in the existing operation shall be subject to the special exception procedures as if such use were being established anew.

4.1 Rezone Request
A. Application for rezoning shall be made in triplicate to Town Board, with one copy furnished to the Town Planning Commission, and shall include the following where pertinent and necessary for proper review by the Town Board.
1. Name and Address of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners on record.
2. Description of the Subject Site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
3. Plat of Survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale showing the location of property boundaries, dimensions, elevations, uses and size of the flowing: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways;


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existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the locations, elevations, and use of any abutting lands and their structures within forty (40) feet of the subject site; soil mapping unit lines; mean and historic high water lines, on or within forty (40) feet of the subject premises, and existing and proposed landscaping.
4. Any Additional Information may be required by the Town Board which is pertinent and necessary for proper review.
5. Fees Receipt fees shall be set by the Town Board.

B. The Town Planning Commission shall make its recommendation to the Town Board at the public hearing. This recommendation is advisory only. If no recommendation is made4 at the public hearing, the Town Board may act without it.

If the rezone application is approved by the Town Board, a resolution shall accordingly be adopted. The applicant shall thereafter pay all filing fees and expenses required for a petition to the County Board for approval of the rezone application, the zoning ordinance and town zoning maps shall be amended accordingly effective upon the date of approval by the County Board.

4.2 Non-Conforming Structures
The lawful non-conforming use of the structure, existing at the time of the adoption or amendment of this ordinance, may be continued although the use does not conform with the provisions of this ordinance, except that:
A. Only that Portion of the Structure in actual use may be so continued and the non-conforming use may not be extended, enlarged, substituted or moved except existing commercial and industrial uses may be enlarged to fifty percent (50%) of their square footage at the time of adoption of this ordinance.
B. Repair and Alterations permitted under the provisions of this ordinance to non-conforming structures on flood lands shall be flood proofed.
C. If Such Non-Conforming Use is Discontinued or terminated for a period of twelve (12) months, any future use of a structure, land or water, shall conform to the provisions of this ordinance.
D. Once a Non-Conforming Use of Structure has been Changed or Altered so as to comply with the provisions of this ordinance, it shall not revert back to a non-conforming use or structure.
E. If such structure is destroyed or damaged to an extent of more than fifty percent (50%) of its fair market value at the time of destruction it shall not be reconstructed except in conformity with the provision of the district in which it is located.

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Exclusive Agricultural District

Exclusive Agricultural

Definition: Agricultural farmland is land best suited for producing food, forage, fiber, and oilseed crops, and also is available for these uses: The existing land use could be cropland, pastureland, rangeland, forestland, or other land but not urban built up land or water. It has the soil quality, growing season, and moister supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern farming methods.


































APPENDIX C

Adopted Dec. 13, 2004
Effective December 24, 2004

Wisconsin Uniform Dwelling Code
Town of Kaukauna, Outagamie County

Contents

1.1 Authority
1.2 Purpose
1.3 Scope
1.4 Adoption of Wisconsin Uniform Dwelling Code
1.5 Building Inspector.
1.6 Building Permit Required
1.7 Building Permit Fees
1.8 Penalties
1.9 Effective Date

1.1 Authority These regulations are adopted under the authority granted by
s. 101.65, Wisconsin Statutes.

1.2 Purpose The purpose of this ordinance is to promote the general health,
safety and welfare and to maintain required local uniformity with the
administrative and technical requirements of the Wisconsin Uniform
Dwelling Code.

1.3 Scope The scope of this ordinance includes the building structure of new
construction and any HVAC, electrical or plumbing systems and shall
comply with the Uniform Dwelling code.

1.4 Wisconsin Uniform Dwelling Code Adopted. The Wisconsin Uniform
Dwelling code, Chs. Comm 20-25 of the Wisconsin Administrative Code,
and all amendments thereto, is adopted and incorporated by reference and
shall apply to all buildings within the scope of this ordinance.

1.5 Building Inspector There is hereby created the position of Building
Inspector, who shall administer and enforce this ordinance and shall be
certified by the Division of Safety & Buildings, as specified by Wisconsin
Statutes, Section 101.66(2), in the category of Uniform Dwelling Code
Construction Inspector. Additionally, this or other assistant inspectors shall
possess the certification categories of Soil Erosion Inspector, UDC HVAC,
UDC Electrical, and UDC Plumbing.

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1.6 Building Permit Required No person shall alter, in excess of $10,000
value in any twelve month period, build, add onto or alter any building
within the scope of this ordinance without first obtaining a building permit
for such work from the building inspector. Restoration or repair of an
installation to its previous code compliant condition as determined by the
building inspector is exempted from permit requirements. Residing,
re-roofing, normal repairs to maintain the structure, finishing of interior and
exterior surfaces and installation of cabinetry shall be exempted from permit
requirements.

1.7 Building Permit Fee The building permit fees shall be determined by
resolution .

1.8 Penalties The enforcement of this section and all other laws and
ordinances relating to building shall be by means of the withholding of
building permits, imposition of forfeitures and injunctive action. Forfeitures
shall be not less than $25.00 nor more than $1,000.00 for each day of
noncompliance. Failure to obtaining a valid building permit prior
commencing any activity covered by this code will result in double fees
being assessed.

1.9 Effective Date This ordinance shall be effective upon passage and
publication as provided by law.