Home PageOrdinances

TOWN OF POUND ORDINANCE 2012-003

 

Ordinance to Adopt By Reference Revised Format of Code of Ordinances and Stand\Alone Ordinances

 

State of Wisconsin

Town of Pound, Marinette County

 

The Town of Pound by this ordinance adopts the Town of Pound Code of Ordinances and Stand/Alone Ordinances in a single document format that will be available for public analysis at the Town of Pound Hall, at the Coleman Public Library, and on the Town of Pound Web Site for two weeks commencing Friday, October 12, 2012, said time period culminating at the end of the day on Friday, October 26, 2012. If there are no legal challenges to the document, it will take effect beginning Monday, October 29, 2012.

                                                                                                        

There are no changes to the Code of Ordinances adopted by the Town of Pound and approved by Marinette County and the State of Wisconsin, which took effect on September 9, 2005, and has been subsequently amended after plan commission recommendations, public hearings, board, county, and state approval. There are also no changes to any other previously adopted Town of Pound Ordinances. They are, however, now published in a single document.  Should it be found that there are any other Town of Pound ordinances that have been legally adopted and published, it is agreed that they will either be added to this document or removed by following proper legal format including public hearing(s).

 

            This ordinance shall be effective upon publication or posting by the town clerk as required, pursuant to s. 60.80, Wis. Stat.

 

            Adopted this 9th day of October, 2012.

 

By the Town Board of the Town of Pound, Marinette County, Wisconsin:

 

_________________________

Jerry Heroux, Town Chairperson

 

Attest:

 

_________________________

Tammy Kasal, Town Clerk

 

 

 

Code of General Ordinances

of the

Town of Pound

Marinette County, Wisconsin

 

 

 

 

Published by Authority of the Board of Supervisors

Town of Pound, Marinette County, Wisconsin

 

Adopted August 25, 2005 with Effective Date of September 9, 2005

 

Revised February 14, 2012

 

 

 

 

 

 

Prepared by

Bay-Lake Regional Planning Commission

211 North Broadway, Suite 211

Green Bay, Wisconsin 54303-2757

 

 


 

 

 

 

 

 

CODE OF GENERAL ORDINANCES

OF THE

TOWN OF POUND

MARINETTE COUNTY, WISCONSIN

 

 

 

 

 

CHAPTER 1: GENERAL PROVISIONS

 

 



TABLE OF CONTENTS

 

Chapter 1:. GENERAL PROVISIONS. 1-1

1.0100         construction and effect of ordinances. 1-1

1.0200         authority.. 1-1

1.0300         title.. 1-1

1.0400         amendments. 1-1

1.0500         rules of construction.. 1-1

1.0501     Wisconsin State Statutes. 1-1

1.0502     Gender, Singular and Plural 1-1

1.0503     Person. 1-1

1.0504     Acts or Agents. 1-1

1.0505     Numbering of Sections. 1-2

1.0506     Number Additions. 1-2

1.0600         conflicT and separability.. 1-2

1.0601     Conflict of Provisions. 1-2

1.0602     Separability of Code Provisions. 1-2

1.0700         affect on GENERAL ORDINANCES. 1-2

1.0800         EFFECT OF REPEALS. 1-2

1.0900         EFFECTIVE DATE.. 1-3

1.1000         Copies on file.. 1-3

1.1100         PENALTIES. 1-3

1.1200         keeping code current; revisor’s amendments. 1-3

1.1300         reserved.. 1-3

1.1400         reserved.. 1-3

1.1500         reserved.. 1-3

1.1600         issuance of citations. 1-4

1.1700         Authority.. 1-4

1.1800         citation content. 1-4

1.1801     The citation shall contain the following: 1-4

1.1802     Schedule of Deposits. 1-5

1.1900         issuance of citations. 1-5

1.2000         procedure.. 1-5

1.2100         nonexlusivity.. 1-5

1.2101     Severability. 1-5

1.2200         effective date.. 1-6

 

 

 


Chapter 1:              GENERAL PROVISIONS

1.0100                     construction and effect of ordinances

1.0200                     authority

This code of general ordinances is adopted under the authority granted by Section 66.0103 of the Wisconsin State Statutes.

1.0300                     title

This municipal code of general ordinances shall be known, cited, and referenced to as the Code of General Ordinances of the Town of Pound, Marinette County, Wisconsin.

1.0400                     amendments

Any additions or amendments to this code are incorporated in this code so that a reference to the Code of General Ordinances of the Town of Pound, Marinette County, Wisconsin includes such additions and amendments.

1.0500                     rules of construction

In the construction of this code of general ordinances, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the ordinance:

1.0501              Wisconsin State Statutes

The term Wis. State Stats. Wherever used in this code shall mean the Wisconsin State Statutes.

1.0502              Gender, Singular and Plural

Every word in this code and in any ordinance importing the masculine gender may extend and be applied to females as well as males, and every word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; provided that these rules of construction shall not be applied to any provisions which shall contain any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.

1.0503              Person

The word person extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic and all entities of any kind capable of being sued unless plainly inapplicable. 

1.0504              Acts or Agents

When a provision requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

1.0505              Numbering of Sections

Each section number of this code shall consist of two component parts separated by a period, the figure before the period referring to the chapter number and the figure after the period referring to the position of the section within the chapter.

1.0506              Number Additions

The decimal system shall be used for all additions or amendments to this code. When a chapter or section is to be added the new chapter or section shall be given a decimal character, when practical using the following outline:

Chapter 1

  1.0100

                  1.0101

                        A.

                            1.

                               a.

                                   (1)

                                       (a)

                                               

1.0600                     conflicT and separability

1.0601              Conflict of Provisions

If the provisions of the different Chapters of this Code conflict with or contravene each other, the provisions of each Chapter shall prevail as to all matters and questions arising out of the subject matter of such Chapter.

1.0602              Separability of Code Provisions

If any Section, Subsection sentence, clause or phrase of the Code is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other Section, Subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more Sections, Subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.

1.0700                     affect on GENERAL ORDINANCES

Any existing ordinance heretofore adopted by the Town Board which is not made part of this Code shall be unaffected by this Code of General Ordinances. Where there is a conflict between this Code and such existing ordinance, the more restrictive provisions shall apply.

1.0800                     EFFECT OF REPEALS

The repeal or amendment of any Section or provision of this Code or of any other ordinance or resolution of the Board shall not:

A.           By implication be deemed to revive any ordinance not in force or existing at the time at which such repeal or amendment takes effect.

B.            Affect any vested right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed or amended, unless the privilege of repealing such obligation or privilege has been reserved by the Town.

C.            Affect any offense committed or penalty or forfeiture incurred, previous to the time when any ordinance shall be repealed or amended, except that when any forfeiture or penalty shall have been mitigated by the provisions of any ordinance, such provisions shall apply to and control any judgement to be pronounced after such ordinance takes effect for any offense committed before that time.

D.           Affect any prosecution for any offense, or the levy of any penalty or forfeiture pending at the time when any ordinance aforesaid shall be repealed or amended, but the right of action shall continue and the offender shall be subject to the penalty as provided in such ordinances, and such prosecution shall proceed, in all respects, as if such ordinance or ordinances had not been repealed, except that all such proceedings had after the time this Code shall take effect, shall be conducted according to the provisions of this Code.

1.0900                     EFFECTIVE DATE

This Code of Ordinances shall take effect from and after passage and publication as provided in Section 60.80, and Section 66.0103 Wis. State Stats. All references thereto shall be cited by Chapter and Section number (example: Chapter 1, Section 1.0108, of the Code of General Ordinance of the Town of Pound, Marinette County, Wisconsin).

1.1000                     Copies on file

Copies of this Code of General Ordinances shall be maintained and available for inspection in the office of the Town Clerk.

1.1100                     PENALTIES

See Section 1.0116

1.1200                     keeping code current; revisor’s amendments

As each ordinance or resolution affecting the Code of General Ordinances becomes effective, the Town Clerk shall incorporate them into the Code of General Ordinances. The Town Clerk shall make no substantive changes to such ordinances and resolutions but may renumber, rearrange and edit them without first submitting them to the Town Board; and such rearranging, renumbering and editing shall not affect the validity of such ordinances and resolutions or the provisions of this Code of General Ordinances affected thereby.

1.1300                     reserved

1.1400                     reserved

1.1500                     reserved


1.1600                     issuance of citations

The Board of Supervisors of the Town of Pound does ordain as follows:

1.1700                     Authority

Pursuant to the authority of Section 66.0113 of the Wisconsin Statutes, the Town of Pound hereby elects to use the citation method of enforcement of adopted ordinances including those for which a statutory counter-part exists.

1.1800                     citation content

1.1801              The citation shall contain the following:

A.           The name and address of alleged violation

B.            Factual allegations describing the alleged violation

C.            The time and place of the offense

D.           The section of the ordinance violated

E.            A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.

F.             The time at which the alleged violator may appear

G.           A statement which in essence informs the alleged violator

1.              That a cash deposit based on the schedule established by this ordinance may be made which shall be delivered or mailed to the Clerk of Circuit Court of Marinette County or the Town of Pound or any other designated officer prior to the time of the scheduled court appearance.
2.              That if a cash deposit is made, no appearance in Court is necessary unless subsequently summoned.
3.              That if a cash deposit is made, and the alleged violator does not appear in Court, the non-appearance will be deemed a plea of no contest, for which a forfeiture not to exceed the amount of deposit is submitted, or, if the court does not accept the plea of no contest, a summons will be issued for the alleged violator to appear in Court to answer the complaint.
4.              That if no cash deposit is made and the alleged violator does not appear in Court at the time specified, an action may be commenced to collect the forfeiture up to the maximum permitted by law.
5.              A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under (7) above has been read. Such statement shall be sent or brought with the cash deposit
(a)           The form of the citation shall be that of the Wisconsin Uniform Municipal Citation adopted pursuant to Wisconsin Statutes Section 66.0113 as amended from time to time and the current form shall be incorporated into this ordinance by reference.

1.1802              Schedule of Deposits

A.           The schedule of cash deposits shall be established for use with citations issued under this Chapter by the Town Board according to the penalty provision of this Code (Chapter 10, Section 10.0218).

B.            Deposits shall be made in cash, money order or certified check to the Clerk of Circuit Court who shall provide a receipt therefore.

C.            All deposit figures herein to be increased by any penalty assessments, fees and actual court costs in effect at time of offense and imposed by the Circuit Court of Marinette County.

D.           Deposit shall be paid in cash, money order or certified check to the Clerk of Circuit Court of Marinette County or the Town of Pound Clerk or any other designated officer who shall provide a receipt of therefore.

1.1900                     issuance of citations

Any law enforcement officer empowered to act in the Town of Pound, the Town of Pound Zoning Administrator, the Town constable, or any other designated Town of Pound official authorized by the Town Board from time to time may issue citations for enforcement of any ordinance authorized under this ordinance.

1.2000                     procedure

The provisions of Section 66.0113 (3) (a) relating to violator’s options and procedure on default are hereby adopted and incorporated herein by reference.

1.2100                     nonexlusivity

Adoption of this ordinance in no way precludes the adoption of any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this ordinance in no way precludes the processing under any other law or ordinance relating to the same or any other matter.

1.2101              Severability

If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or application of this ordinance which can be given effect without the invalid or unconstitutional provision or application.


1.2200                     effective date

This ordinance shall take effect and be in force upon its passage and publication as provided by law.


 

 

 

 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 2: Town Administration and Personnel


Ordinance No. 02-101

 

An Ordinance establishing a five (5) member Town Board for the Town of Pound

consisting of unnumbered supervisor seats.

 

RECITALS:

 

WHEREAS, The Town Board of Town of Pound voted unanimously to move to a

five (5) member board under s.60.21, 2 (b), and (c)

 

WHEREAS, The Town of Pound five (5) member Town Board would consist of a

Chairman and four (4) Supervisors, and

 

WHEREAS, a five (5) member Town Board would provide greater representation

of the town electors.

 

NOW, THEREFORE, THE TOWN OF POUND BOARD OF SUPERVISORS

DOES ORDAIN AS FOLLOWS:

 

1. For the next general election to be held in April 2003, there will be four (4)

Supervisor unnumbered seats open for re-election.

2. The four (4) open supervisor positions will be filled; the two (2) greatest vote

getters will hold two (2) year terms, the next two (2) greatest vote getters will

receive one (1) year terms.

3. Each year thereafter, two (2) Supervisor positions will be open for election to

two (2) year terms.

 

This ordinance shall be in effect and in force from and after the date of its

passage and publication all in accordance with the Wisconsin State Statutes.

 

Adopted this 12 day of August, 2002

 

 

Town of Pound - Pound, Wisconsin

 

_____________________              

Harvey Kamps, Chairman

_____________________              

Elmer Risner, Supervisor

_____________________              

Leonard Semrau, Supervisor

 

Attest:

 

_____________________              

Walter Peterson, Clerk

Posted: _____________________



Chapter 2:              TOWN ADMINISTRATION AND PERSONNEL

2.0100                     TOWN GOVERNMENT AND ELECTIONS - RESERVED

2.0200                     TOWN meetings and TOWN BOARD MEETINGS

2.0201              Town Meetings

A.           Annual Town Meeting

The annual Town Meeting shall be held on the 2nd Tuesday in April unless a later date is set by the previous Annual Town Meeting, but not later than 10 days after the 2nd Tuesday in April. The Town Board may change the location of the annual Meeting. If the place of the Meeting is changed, the Town Clerk shall publish or post a class 2 notice under Ch. 985, Wis. Stat., of the time, date and location of the Meeting and shall make and file an affidavit of posting of such notice, if any. The annual Town Meeting has the powers set forth in § 60. 10, Wis. Stat., or post in 3 public places all resolutions, motions or other actions adopted by the Town Meeting as required by § 60.80, Wis. Stat.

B.            Special Town Meetings

A special Town Meeting may be called by the Town Board or by written request of electors equal to at least 10% of the votes cast in the Town at the last election for governor. The call shall state the time, date and purpose of the special Town Meeting. The Town Clerk shall publish or post a class 2 notice stating the time date and purpose of the special Meeting not more than 20 days or less than 15 days prior thereto. Special Town Meetings must be held at the place where the preceding Town Meeting was held unless changed by the Town Board. Any business which may be transacted at the annual Town Meeting may be transacted at a special Town Meeting provided it is specified in the call and notice.

2.0202              Town Board

A.           Authority and Powers

The Pound Town Board has the specific authority, powers and duties to manage and direct the affairs of the Town as set forth in Chapter 60 and other provisions of the Wisconsin Statutes, including powers conferred on village boards by ch. 61, Wis. Stat. the exercise of which does not conflict with the duties and powers of town boards set forth elsewhere in the Wisconsin Statutes, granted by annual Town Meeting. The Town Board shall have charge of all of the affairs of the Town not otherwise delegated by law to the annual Town Meeting or other Town officers.


B.            Membership Compensation

The Town Board shall be composed of five (5) members, four Supervisors and a Chairman. Two Supervisors shall be elected each year and the Chairman shall be elected in the odd-numbered year. The Chairman and the Supervisors shall receive such compensation as established at a Town Meeting.

C.            Vacancies

Vacancies in elective offices shall be filled by appointment by a majority vote of the Town Board for the remainder of the unexpired term.

D.           Meetings

The Town Board shall meet each month in the Town Hall or such other place or place as the Board shall designate and notice pursuant to the Wisconsin Open Meetings law. Any regular meeting of the Town Board falling upon a legal holiday shall be held on the day designated by the Town Board. Special meetings may be called by the Chairman or any Supervisor by requesting the Town Clerk to call such meeting, stating the time and place for the meeting, by notifying each Supervisor and the public in accordance with §19.84 of the Wisconsin Statues. Notice of all Town Board meetings shall be given in compliance with the Wisconsin Open Meeting Law, by posting written notice of the time, place and purpose thereof in three (3) public places in the Town and by written or oral notice to the media which has requested such notice at least 24 hours prior to the meeting, unless in an emergency, when proper notice shall be posted and given to the media at least two (2) hours prior to the meeting. No business shall be transacted at a special meeting except for the purpose which was stated in the notice thereof

E.            Quorum

Three members of the Town Board shall constitute a quorum and the only business to be undertaken in the absence of a quorum shall be to adjourn from time to time or to compel the attendance of absent members.

F.             Conduct of Meetings

The Order of Business at meetings shall be substantially as follows:

1.              Call to order
2.              Roll call and declaration of a quorum. If a quorum is not present, the meeting shall be adjourned
3.              Certificates and announcement of compliance with Wisconsin Open Meeting Law posting and Town Municipal Code notice and publication procedures
4.              Approval of agenda
5.              Reading, correction and approval of minutes of previous meetings.
6.              Public comments
7.              Communications
8.              Reports
(a)           Town Committee and Commission Reports
(b)          Town Officials Report

(1)               Treasurers Report

(2)               Other Town Officials

9.              Old business
10.          New business
11.          Resolutions and Ordinances
12.          Adjournment

G.           Notice

1.              Agendas

The Town Clerk or person designated by the Town Chairman shall prepare a written agenda for each Town Board or committee meeting and distribute and post or publish the same as provided by the Wisconsin Open Meeting Law, ch. 19, Wis. Stat., and the Code of General Ordinances for the Town of Pound, Marinette County, Wisconsin.

2.              Ordinances and Resolutions

All ordinances, resolutions or bylaws shall be reduced to writing before final action by the Board. Unless requested by a Supervisor or Chairperson before final vote is taken, no ordinance, resolution, bylaw or communication need be read in full.

H.           Rules of Order

The meetings of the Board shall be conducted in accordance with the parliamentary rules contained in Robert's Rules of Order, newly revised, or the most recent version thereof, except as otherwise specifically provided in these ordinances or by written bylaw adopted by the Board.

I.              Suspension of Rules

These rules or any part thereof may be temporarily suspended in connection with any matter under consideration by a recorded vote of 2/3 of the members present, but in no event shall the rules be suspended when there are less than 3 Board Members present.


2.0300                     GENERAL REGULATIONS GOVERNING ALL TOWN OFFICERS

2.0301              Effect

The provisions of this section shall apply to all officers of the Town, regardless of the time of creation of the office or method of selection of the officer unless otherwise specifically provided by ordinance or resolution of the Town Board.

A.           Official Oath of Office

Every officer of the Town, including members of Town boards and commissions, shall, before entering upon his/her duties and within five (5) days of election or appointment or notice thereof, take the oath of office prescribed by Section 19.01 of the Wisconsin Statutes and file said oath in the office of the Town Clerk, except the Town Clerk who shall file his/her oath in the office of the Town Treasurer. Any person reelected or reappointed to the same office shall take and file an official oath for each term of service.

B.            Bond

Every officer shall, if required by law or the Town Board, upon entering upon the duties of his office, give a bond in such amount as may be determined by the Town Board with such sureties as are approved by the Town Chairman, conditioned upon the faithful performance of the duties of his office. Official bonds shall be filed as are oaths as provided in sub. (B) of this section.

C.            Salaries

All appointed officers of the Town shall receive such salaries as may be provided from time to time by the Town Board. No officer receiving a salary from the Town shall be entitled to retain any portion of any fees collected by him or her for the performance of his duties as such officer in the absence of a specific law or ordinance to that effect. Payment of regular wages and salaries established by the Town Board shall be by voucher as provided by statute.

D.           Vacancies

Vacancies in appointive offices shall be filled in the same manner as the original appointment for the remainder of the unexpired term unless the term for such office is indefinite.

2.0400                     TOWN OFFICERS AND EMPLOYEES

2.0401              Clerk

A.           In general perform all other duties required by law, Wisconsin Statutes 66.33, ordinance or lawful direction of the town meeting or town board.


2.0402              Deputy town clerk

A.           Each town clerk may appoint one or more deputies for whom the town clerk is responsible. A deputy shall take and file the official oath and bond under s. 60.31. The town clerk may designate a deputy to perform the clerk’s duties during the absence, sickness or other disability of the clerk.

2.0403              Town Treasurer

A.           In general perform all other duties required by law, Wisconsin Statutes 66.34, ordinance or lawful direction of the town meeting or town board.

2.0404              Deputy Town Treasurer

A.           Each town treasurer may appoint a deputy for whom the treasurer is responsible. The deputy shall take and file the official oath and bond under s. 60.31.

B.            In case of the absence, sickness or other disability of the treasurer, the deputy shall perform the treasurer’s duties.

2.0405              Town Constable

A.           In general perform all duties required by law, Wisconsin Statutes 66.22(4), ordinance or lawful direction of the town meeting or town board.

2.0500                     General

The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

2.0600                     Legal Assistance

The town board may designate, retain or employ one or more attorneys on a temporary or continuing basis to counsel the town on legal matters or represent the town in legal proceedings.

2.0700                     Treasurer

The Town Assessor shall have the rights, obligations and duties as specified in Chapter 70, Wis. State Stats.

2.0800                     Assessor

The Town Treasurer shall have the rights, duties and obligations as specified in Chapter 60.34, Wis. State Stats. (per Wis. State Stats. 60.305(1) WI Act 34 allows for the appointed position of Town Treasurer)  [Revision Adopted 4/27/98]

2.0900                     Zoning Administrator

A.           Designated

The Town Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this Ordinance.

B.            Duties

The duty of the Zoning Administrator shall be to interpret and administer this Code and to issue, after on-site inspection if needed, all permits required by this Code. Additionally, the Zoning Administrator is required to perform all lawful duties and functions as direct by the town meeting or town board.

C.            The Zoning Administrator shall further:

1.              Maintain Records of all permits issued, inspections made, work approved, and other official actions;
2.              Inspect all structures, lands, and waters as often as necessary to assure compliance with this Code;
3.              Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this Code to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Town Board, Plan Commission and Town Attorney in a manner specified by him or her;
4.              Assist the Town Board, Plan Commission and Town Attorney in the prosecution of Code violations;
5.              Issue citations for enforcement of and or violation of this ordinance;
6.              Be Permitted Access to premises and structures during reasonable hours to make those inspections as deemed necessary by him/her to ensure compliance with this Code. If, however, he/she is refused entry after presentation of his/her identification, he/she may procure a special inspection warrant in accordance with Section 66.0119 of the Wisconsin Statutes;
7.              Prohibit the use or erection of any structure, land or water until he/she has inspected and approved such use or erection;
8.              Attend all meetings of the Town Plan Commission and the Town Zoning Board of Appeals.

2.0902              Reserved

2.0903              Reserved

2.0904              Reserved

2.0905              Reserved

2.0906              Reserved

2.1000                     Boards, Commissions, and Committees

2.1100                     Plan Commission

2.1101              Authority; Establishment

The Town Board of the Town of Pound has been authorized by the Town meeting under sec. 60.10 (2)(c), 60.62, 61.35, and 62.23 of the Wisconsin Statutes, to exercise village powers and the Town has a population of less than 2,500, according to the most recent regular or special federal census, sec. 990.01(29), Wis. Stats. The Town Board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member Plan Commission under secs. 60.62(4), 61.35 and 62.23, Wis. Stats. The Plan Commission shall be considered the “Town Planning Agency” under sections. 236.02(13) and 236.45, Wis. Stats., which authorize, but do not require, Town adoption of a subdivision or other land division ordinance.

A.           Membership

The Plan Commission shall consist of five (5) citizen members who are residents of the Town and who shall be persons of recognized experience and qualifications. However, two (2) Town Board members may be appointed if only three (3) citizen members are appointed.

B.            Appointments

The Town Board Chairperson shall appoint the members of the Plan Commission and designate a Plan Commission Chairperson during the month of April to fill any expiring term. The Town Board Chairperson may appoint himself or herself or another Town Board member to the Plan Commission and may designate himself or herself, the other Town Board member, or a citizen member as Chairperson of the Plan Commission. [All appointments are subject to the advisory approval of the Town Board.] In a year in which any Town Board member is elected at the spring election, any appointment or designation by the Town Board Chairperson shall be made after the election and qualification of the Town Board members elected.

Any citizen appointed to the Plan Commission shall take and file the oath of office within (5) days of notice of appointment, as provided under secs. 19.01 and 60.31, Wis. Stats.

C.            Terms of Office

The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of 3 years, ending on April 30, or until a successor is appointed and qualified. However, the Plan Commission Chairperson or member who is a Town Board Chairperson or Town Board member shall serve on the Commission for a period of two (2) years, as allowed under sec. 66.0501(2), Wis. Stats., concurrent with his or her term on the Town Board. An initial appointment of such Town Board Chairperson or Town Board member made after April 30 shall be for a term that expires two (2) years from the previous April 30.

D.           Vacancies

A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.

E.            Compensation; Expenses

The Town Board of the Town of Pound will determine a per diem allowance for citizen and Town Board members of the Plan Commission, as allowed under sec. 66.0501(2), Wis. Stats. In addition, the Town Board may reimburse reasonable costs and expenses, as allowed under sec. 66.0321, Wis. Stats.

F.             Experts & Staff

The Plan Commission may, under sec. 62.23(1)(e), Wis. Stats., recommend to the Town Board the employment of experts and staff, and may review and recommend to the approval authority proposed payments under any contract with an expert.

G.           Rules; Records

The Plan Commission, under sec. 62.23(2), Wis. Stats., may adopt rules for the transaction of its business, subject to Town ordinances, and shall keep a record of its resolutions, findings and determinations, which shall be a public record under Sections 19.21 and 19.39, Wis. Stats.

H.           Chairperson and Officers

1.              Chairperson. The Plan Commission Chairperson shall elected by the Plan Commission and serve a term as provided in sections 5 and 6 of this ordinance. The Chairperson shall, subject to Town ordinances and Commission rules:
(a)           Provide leadership to the Commission;
(b)          Set Commission meeting and hearing dates;
(c)           Provide notice of Commission meetings and hearings and set their agendas, personally or by his or her designee;
(d)          Preside at Commission meetings and hearings; and
(e)           Ensure that the laws are followed.

I.              Vice Chairperson

The Plan Commission may elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., a Vice Chairperson to act in the place of the Chairperson when the Chairperson is absent or incapacitated for any cause.

J.              Secretary

The Plan Commission shall elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., one of its members to serve as Secretary, or, with the approval of the Town Board, designate the Town Clerk or other Town officer or employee as Secretary.

K.           Commission Members as Local Public Officials

All members of the Plan Commission shall faithfully discharge their official duties to the best of their abilities, as provided in the oath of office, sec. 19.01, Wis. Stats., in accordance with, but not limited to, the provisions of the Wisconsin Statutes on: Public Records, secs. 19.21-19.39; Code of Ethics for Local Government Officials, secs. 19.42, & 19.59; Open Meetings, secs. 19.81-19.89; Misconduct in Office, sec. 946.12; and Private Interests in Public Contracts, sec. 946.13. Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.

L.            General & Miscellaneous Powers

The Plan Commission, under sec. 62.23(4), Wis. Stats., shall have the power:

1.              Necessary to enable it to perform its functions and promote Town planning.
2.              To make reports and recommendations relating to the plan and development of the Town to the Town Board, other public bodies, citizens, public utilities and organizations.
3.              To recommend to the Town Board programs for public improvements and the financing of such improvements.
4.              To receive from public officials, within a reasonable time, requested available information required for the Commission to do its work.
5.              For itself, its members and employees, in the performance of their duties, to enter upon land, make examinations and survey, and place and maintain necessary monuments and marks thereon. However, entry shall not be made upon private land, except to the extent that the private land is held open to the general public, without the permission of the landowner or tenant. If such permission has been refused, entry shall be made under the authority of an inspection warrant issued for cause under sec. 66.0119, Wis. Stats., or other court-issued warrant.

M.          Town Comprehensive Planning: General Authority & Requirements

The Plan Commission shall make and adopt a comprehensive plan under secs. 62.23 and 66.1001, Wis. Stats., which contains the elements specified in sec. 66.1001(2), Wis. Stats, and follows the procedures in sec. 66.1001(4), Wis. Stats.

In this section the requirement to “make” the plan means that the Plan Commission shall ensure that the plan is prepared, and oversee and coordinate the preparation of the plan, whether the work is performed for the Town by the Plan Commission, Town staff, another unit of government, the regional planning commission, a consultant, citizens, an advisory committee, or any other person, group or organization.

N.           Procedure for Plan Commission Adoption & Recommendation of a Town Comprehensive Plan or Amendment

The Plan Commission, in order to ensure that the requirements of sec. 66.1001(4), Wis. Stats, are met, shall proceed as follows:

1.              Public participation verification. Prior to beginning work on a comprehensive plan, the Plan Commission shall verify that the Town Board has adopted written procedures designed to foster public participation in every stage of preparation of the comprehensive plan. These written procedures shall include open discussion, communication programs, information services and noticed public meetings. These written procedures shall further provide for wide distribution of proposed, alternative or amended elements of a comprehensive plan and shall provide an opportunity for written comments to be submitted by members of the public to the Town Board and for the Town Board to respond to such written comments.
2.              Resolution

The Plan Commission, under sec. 66.1001(4)(b), Wis. Stats., shall recommend its proposed comprehensive plan or amendment to the Town Board by adopting a resolution by a majority vote of the entire Plan Commission. The vote shall be recorded in the minutes of the Plan Commission. The resolution shall refer to maps and other descriptive materials that relate to one or more elements of the comprehensive plan. The resolution adopting a comprehensive plan shall further recite that the requirements of the comprehensive planning law have been met, under sec. 66.1001, Wis. Stats., namely

(a)           The Town Board adopted written procedures to foster public participation and that such procedures allowed public participation at each stage of preparing the comprehensive plan;
(b)          The plan contains the nine (9) specified elements and meets the requirements of those elements;
(c)           The maps and other descriptive materials relate to the plan;
(d)          The plan has been adopted by a majority vote of the entire Plan Commission, which the clerk or secretary is directed to record in the minutes; and
(e)           The Plan Commission clerk or secretary is directed to send a copy of the comprehensive plan adopted by the Commission to the governmental units specified in sec. 66.1001 (4), Wis. Stats., and sub. (3) of this section.

3.              Transmittal

One copy of the comprehensive plan or amendment adopted by the Plan Commission for recommendation to the Town Board shall be sent to:

(a)           Every governmental body that is located in whole or in part within the boundaries of the Town, including any school district, Town sanitary district, public inland lake protection and rehabilitation district or other special district.
(b)          The clerk of every city, village, town, county and regional planning commission that is adjacent to the Town.
(c)           The Wisconsin Land Council.
(d)          After September 1, 2003, the Department of Administration.
(e)           The regional planning commission in which the Town is located.
(f)           The public library that serves the area in which the Town is located.

O.           Plan Implementation and Administration

1.              Ordinance development. If directed by resolution or motion of the Town Board, the Plan Commission shall prepare the following:
(a)           Zoning. A proposed Town zoning ordinance under village powers, secs. 60.22(3), 61.35 and 62.23(7), Wis. Stats., a Town construction site erosion control and stormwater management zoning ordinance under sec. 60.627(6), Wis Stats., a Town exclusive agricultural zoning ordinance under subch. V of ch. 91, Wis. Stats., and any other zoning ordinance within the Town’s authority.
(b)          Official map. A proposed official map ordinance under sec. 62.23(6), Wis. Stats.
(c)           Subdivisions. A proposed Town subdivision or other land division ordinance under sec. 236.45, Wis. Stats.
(d)          Other. Any other ordinance specified by the Town Board (Note: e.g., historic preservation, design review, site plan review).
(e)           Ordinance amendment. The Plan Commission, on its own motion, or at the direction of the Town Board by its resolution or motion, may prepare proposed amendments to the Town’s ordinances relating to comprehensive planning and land use.
(f)           Non-regulatory programs. The Plan Commission, on its own motion, or at the direction of the Town Board by resolution or motion, may propose non-regulatory programs to implement the comprehensive plan, including programs relating to topics such as education, economic development and tourism promotion, preservation of natural resources through the acquisition of land or conservation easements, and capital improvement planning.
(g)          Program administration. The Plan Commission shall, pursuant to Town ordinances, have the following powers.

(1)               Zoning conditional use permits. The zoning administrator shall refer applications for conditional use permits under Town zoning to the Plan Commission for review and determination as provided under section 10.0501 of the Town zoning ordinances.

(2)               Subdivision review. Proposed plats under ch. 236, Wis. Stats. shall be referred to the Plan Commission for review and determination.

P.             Referrals to the Plan Commission

1.              Required referrals under sec. 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report to the Town Board:
(a)           The location and architectural design of any public building.
(b)          The location of any statue or other memorial.
(c)           The location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any

(1)               street, alley or other public way;

(2)               park or playground;

(3)               airport;

(4)               area for parking vehicles; or

(5)               other memorial or public grounds

(d)          The location, extension, abandonment or authorization for any publicly or privately owned public utility.
(e)           All plats under the Town’s jurisdiction under ch. 236, Wis. Stats., including divisions under a Town subdivision or other land division ordinance adopted under sec. 236.45, Wis. Stats.
(f)           The location, character and extent or acquisition, leasing or sale of lands for

(1)               public or semi-public housing;

(2)               slum clearance;

(3)               relief of congestion; or

(4)               vacation camps for children

(g)          The amendment or repeal of any ordinance adopted under sec. 62.23, Wis. Stats., including ordinances relating to: the Town Plan Commission; the Town master plan; the Town comprehensive plan under sec. 66.1001, Wis. Stats.; an official map under sec. 62.23(6); and, Town zoning under village powers.
2.              Required referrals under sections of the Wisconsin Statutes other than sec. 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report to the Town Board:
(a)           An application for initial licensure of a child welfare agency or group home under sec. 48.68(3), Wis. Stats.
(b)          An application for initial licensure of a community-based residential facility under sec. 50.03(4), Wis. Stats.
(c)           Proposed designation of a street, road or public way, or any part thereof, wholly within the jurisdiction of the Town, as a pedestrian mall under sec. 66.0905, Wis. Stats.
(d)          Matters relating to the establishment or termination of an architectural conservancy district under sec. 66.1007, Wis. Stats.
(e)           Matters relating to the establishment of a reinvestment neighborhood required to be referred under sec. 66.1107, Wis. Stats.
(f)           Matters relating to the establishment or termination of a business improvement district required to be referred under sec, 66.1109, Wis. Stats.
(g)          A proposed housing project under sec. 66.1211(3), Wis. Stats.
(h)          Matters relating to urban redevelopment and renewal in the Town required to be referred under subch. XIII of ch. 66, Wis. Stats.
(i)            The adoption or amendment of a Town subdivision or other land division ordinance under sec. 236.45(4), Wis. Stats.
(j)            Any other matter required by the Wisconsin Statutes to be referred to the Plan Commission.
3.              Required referrals under this ordinance. In addition to referrals required by the Wisconsin statutes, the following matters shall be referred to the Plan Commission for determination:
(a)           Any proposal, under sec. 59.69, Wis. Stats., for the town to approve general county zoning so that it takes effect in the town, or to remain under general county zoning.
(b)          Proposed regulations or amendments relating to historic preservation under sec. 60.64, Wis. Stats.
(c)           A proposed driveway access ordinance or amendment.
(d)          A proposed Town official map ordinance under sec. 62.23(6), Wis. Stats., or any other proposed Town ordinance under sec. 62.23, Wis. Stats., not specifically required by the Wisconsin Statutes to be referred to the commission.
(e)           A proposed Town zoning ordinance or amendment adopted under authority separate from or supplemental to sec. 62.23, Wis. Stats., including a Town construction site erosion control or stormwater management zoning ordinance under sec. 60.627(6), Wis. Stats., and a Town exclusive agricultural zoning ordinance under sebch. V of ch. 91, Wis. Stats.,
(f)           An application for a conditional use permit under the Town zoning ordinance.
(g)          A proposed site plan under the Town Zoning Ordinance.
(h)          A proposed extraterritorial zoning ordinance or a proposed amendment to an existing ordinance under sec. 62.23(7a), Wis. Stats.
(i)            A proposed boundary change pursuant to an approved cooperative plan agreement under sec. 66.0307, Wis. Stats., or a proposed boundary agreement under sec. 66.0225, Wis. Stats., or other authority.
(j)            A proposed zoning ordinance or amendment pursuant to an agreement in an approved cooperative plan under sec. 66.0307(7m), Wis. Stats.
(k)          Any proposed plan, element of a plan or amendment to such plan or element developed by the regional planning commission and sent to the Town for review or adoption.
(l)            Any proposed contract, for the provision of information, or the preparation of a comprehensive plan, an element of a plan or an implementation measure, between the Town and the regional planning commission, under sec. 66.0309, Wis. Stats., another unit of government, a consultant or any other person or organization.
(m)        A proposed ordinance, regulation or plan, or amendment to the foregoing, relating to a mobile home park under sec. 66.0435, Wis. Stats.
(n)          A proposed agreement, or proposed modification to such agreement, to establish an airport affected area, under sec. 66.1009, Wis. Stats.
(o)          A proposed town airport zoning ordinance under sec. 114.136(2), Wis. Stats.
(p)          A proposal to create environmental remediation tax incremental financing in the town under sec. 66.1106, Wis. Stats.
(q)          A proposed county agricultural preservation plan or amendment, under subch. IV of ch. 91, Wis. Stats., referred by the county to the Town, or proposed Town agricultural preservation plan or amendment.
(r)            Other (specify)
(s)           Any other matter required by any Town ordinance or Town Board resolution or motion to be referred to the Plan Commission.
4.              Discretionary referrals. The Town Board, or other town officer or body with final approval authority or referral authorization under the Town ordinances, may refer any of the following to the Plan Commission for report:
(a)           A proposed county development plan or comprehensive plan, proposed element of such a plan, or proposed amendment of such plan.
(b)          A proposed county zoning ordinance or amendment.
(c)           A proposed county subdivision or other land division ordinance under sec. 236.45, Wis. Stats., or amendment.
(d)          An appeal or permit application under the county zoning ordinance to the county zoning board of adjustment, county planning body or other county body.
(e)           A proposed intergovernmental cooperation agreement, under sec. 66.0301, Wis. State., or other statute, affecting land use, or a municipal revenue sharing agreement under sec. 66.0305, Wis. Stats.
(f)           A proposed plat or other land division under the county subdivision or other land division ordinance under sec. 236.45, Wis. Stats.
(g)          A proposed county plan, under sec. 236.46, Wis. Stats., or the proposed amendment or repeal of the ordinance adopting such plan, for a system of town arterial thoroughfares and minor streets, and the platting of lots surrounded by them.
(h)          Any matter deemed advisable for referral to the Plan Commission for report.
5.              Referral period

No final action may be taken by the Town Board or any other officer or body with final authority on a matter referred to the Plan Commission until the Commission has made its report, or thirty (30) days, or such longer period as stipulated by the Town board, has passed since referral. The thirty (30) day period for referrals required by the Wisconsin Statutes may be shortened only if so authorized by statute. The thirty (30) day referral period, for matters subject to required or discretionary referral under the Town’s ordinances, but not required to be referred under the Wisconsin Statutes, may be made subject by the Town Board to a referral period shorter or longer than the thirty (30) day referral period if deemed advisable.

2.1200                     ZONING BOARD OF APPEALS

2.1201              Authority and Establishment

Pursuant to Section 62.23 (7) (c) Wisconsin Statutes, there is hereby established a Zoning Board of Appeals for the Town of Pound for the purpose of hearing appeals and applications, and granting variances and exceptions to the provisions of the Zoning Ordinance.

A.           Membership

1.              The Zoning Board of Appeals shall consist of 5 members appointed by the Town Chairperson and confirmed by the Town Board.
2.              Terms shall be for staggered 3-year periods.
3.              The Chairperson shall be elected by the Zoning Board of Appeals.
4.              An Alternate Member may be appointed by the Town Chairperson for a term of 3 years and shall act only when a regular member is absent or refuses to vote because of a conflict of interest.
5.              The Secretary shall be elected by the Zoning Board of Appeals.
6.              The Zoning Administrator shall attend meetings for the purpose of providing technical assistance when requested by the Board.
7.              Official Oaths shall be taken by all members in accordance with the Wisconsin Statutes within 10 days of receiving notice of their appointment.
8.              Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

B.            Organization

1.              The Zoning Board of Appeals shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this Ordinance.
2.              Meetings shall be held at the call of the Chairperson and shall be open to the public.
3.              Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question, the reasons for the Board's determination, and its finding of facts.  These records shall be immediately filed in the office of the Board of Appeals (Town Hall) and shall be a public record.
4.              The Concurring Vote of 4 members of the Board shall be necessary to correct an error; grant a variance; make an interpretation; and permit a substituted use.

C.            Powers

1.              The Zoning Board of Appeals shall have the following powers:
2.              Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator or Plan Commission.
3.              Variances. To hear and grant appeals for variances that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in unnecessary hardship, so that the spirit and purposes of this Ordinance shall be observed and the public safety, welfare, and justice secured.
4.              Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Town Plan Commission has made a review and recommendation.
5.              Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the Town Board has made a review and recommendation.  Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
6.              Permits. The Board may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issuance of a permit.
7.              Assistance. The Board may request assistance from other Town officers, departments, commissions, and boards.
8.              Oaths. The Chairperson may administer oaths and compel the attendance of witnesses.

D.           Appeals and Applications

1.              Appeals from the decisions of the Zoning Administrator and Plan Commission concerning the literal enforcement of this Ordinance may be made by any person aggrieved or by any officer, department, or board of the Town.  Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the Zoning Administrator and Town Plan Commission.  Applications for other determinations by the Board of Appeals provided by this Ordinance may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the secretary.  Such appeals and applications shall include the following information:
2.              Name and Address of the appellant or applicant and all abutting and opposite property owners of the record.
3.              Plat of Survey prepared by a registered land surveyor, or a location sketch drawn to scale, showing all of the information required under Section 10.0203 for a Zoning/Building Permit.
4.              Additional Information required by the Town Board, Town Plan Commission, Zoning Board of Appeals, or Zoning Administrator.

E.            Hearings

1.              The Zoning Board of Appeals shall fix a reasonable time and place for the required public hearing, and shall give notice as specified in Section 10.1500 of this Ordinance.  At the hearing, the appellant or applicant may appear in person, by agent, or by attorney.

F.             Findings

1.              No variance to the provisions of this Ordinance shall be granted by the Board unless it finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings.
2.              Preservation of Intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located.  No variance shall have the effect of permitting a use in any district that is not a stated principal use, accessory use, or conditional use in that particular district.
3.              Exceptional Circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties of uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the Zoning Ordinance should be changed.
4.              Economic Hardship and Self-Imposed Hardship Not Grounds for Variance.  No variance shall be granted solely on the basis of economic gain or loss.  Self-imposed hardships shall not be considered as grounds for the granting of a variance.
5.              Preservation of Property Rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
6.              Absence of Detriment. No variance shall be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this Ordinance or the public interest.

G.           Decisions

1.              The Zoning Board of Appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant, Zoning Administrator, Plan Commission, and the Town Board.
2.              Conditions may be placed upon any Zoning/Building Permit ordered or authorized by this Board.
3.              Variances or Substitutions granted by the Board shall expire within 12 months unless substantial work has commenced pursuant to such grant.

H.           Review by Court of Record

1.              Any person or persons aggrieved by any decision of the Zoning Board of Appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality.  Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Zoning Board of Appeals.

2.1300                     Effective Date

Following passage by the Town Board, the Code of General Ordinances of the Town of Pound, Marinette County, Wisconsin shall take effect the day after the date of publication or posting as provided by sec. 60.80, Wis. Stats.


 

 

 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 3: village of coleman / town of pound joint  comprehensive plan


Ordinance No. 2003-10

 

AN ORDINANCE TO ADOPT THE VILLAGE OF COLEMAN/TOWN OF POUND YEAR 2025

JOINT COMPREHENSIVE PLAN, MARINETTE COUNTY, WISCONSIN

 

The Town Board of the Town of Pound, Marinette County, Wisconsin, do ordain as follows:

 

SECTION 1. Pursuant to sections 62.23(2) and (3) for cities and villages, and for towns exercising

village powers under 60.22(3) of the Wisconsin Statutes, the Town of Pound is authorized to prepare and

adopt a comprehensive plan as defined in Sections 66.100 1(1 )(a) and 66.100 I (2) ofthe Wisconsin Statutes.

 

SECTION 2. The Town of Pound Plan Commission, by a majority vote and Resolution No. 2003-1,

in conjunction with an approval recommendation from the Joint Comprehensive Plan Committee, has

recommended to the Pound Town Board the adoption of the document entitled "VILLAGE OF

COLEMAN/TOWN OF POUND YEAR 2025 JOINT COMPREHENSIVE PLAN", Marinette County,

Wisconsin as their comprehensive plan according to Section 66.1001 (2) of the Wisconsin Statutes.

 

SECTION 3. Numerous public meetings and mailings have been facilitated in conjunction with a

public participation plan with respect to town and village goals; public opinion and participation, including a

regular meeting schedule of the Joint Comprehensive Plan Committee during plan development, a

comprehensive planning issues workshop held August 16, 2001, two public informational meetings on July

18,2002 and November 7,2002, postcard notification preceding the four public informational meetings and

workshops held during the process, a four-piece poster plan and survey preceding the November 7, 2002

meeting; and a public hearing held April 24, 2003.

 

SECTION 4. The Pound Town Board of Marinette County, Wisconsin, does, by the enactment of

this ordinance, formally adopt the document entitled, "VILLAGE OF COLEMAN/TOWN OF POUND

YEAR 2025 JOINT COMPREHENSIVE PLAN", Marinette County, Wisconsin as their comprehensive plan

pursuant to Section 66.1001 (2) of the Wisconsin Statutes.

 

SECTION 5. This ordinance shall take effect upon passage by a majority vote of the members-elect

of the Town Board and publication as required by law.

 

ADOPTED this ______ day of___________ , 2003.

 

Approved by a vote of: _____ayes _____ nays ------ absent

Published: ___________

 

By: ___________                                 Attest ___________

Harvey Kamps, Chairman                                       Walter Peterson, Town Clerk

 

By___________

Elmer Risner, Supervisor

 

By: ___________

Leonard Semrau, Supervisor

 

By: ___________

Ronald Bushmaker, Supervisor

 

By: ___________

David Pellman, Supervisor

 

 

 

 

 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 4: plan commission


TOWN OF POUND

PLAN COMMISSION

ORDINANCE NUMBER 2003-04

 

SECTION 1    Establishment

 

The Town Board of the Town of Pound, Marinette County do ordain as follows: There is hereby

established a Town Plan Commission for the Town of Pound, Marinette County, Wisconsin, in

accordance with Sections 60. 10(2)(c), 60.62, 61.35, and 62.23 of the Wisconsin Statutes.

 

SECTION 2    Membership

 

The Town Plan Commission shall consist of five members of recognized experience and

qualifications appointed by the Town Chair subject to confirmation by the Town Board.

 

The Town Chair subject to confirmation by the Town Board shall appoint Plan Commission Chair.

 

Membership shall consist of at least one member from the Town of Pound Board and at least one Town

of Pound Elector.

 

Town Board Member Terms: . .

Town Board Member's terms will be consistent will their respective elective terms. Where membership

consists of multiple Town Board members, every effort shall be made to stager term expiration dates.

 

Town Elector Member Terms:

The term shall be for three years, except that of first appointed. The first appointed members

shall serve the following terms;

one person shall serve for one year;

one person shall serve for two years; and

one person shall serve for three years.

 

Vacancies shall be filled for the unexpired terms of members. The Town Chair shall appoint personnel

to fill the vacancies subject to approval by the Town Board.

 

Members shall be removable by the Town Board for cause upon written charges.

 

SECTION 3    Organization

 

All meetings of the Town Plan Commission shall be held at the call of the Chair of the

Commission, at such times as the Commission may determine.

 

A quorum shall consist of three members.

 

A written record (minutes) shall be kept.showing all actions taken, resolutions, findings,

determinations, transactions, and recommendations made showing the vote of each member upon

each question, or if absent or failing to vote, indicating such fact; and a copy shall be filed with

the Town Clerk as a public record.

 

SECTION 4    Duties

 

To make and adopt a Comprehensive Plan for the physical development of the Town.

 

To make reports and recommendations relating to the plan for development of the town to public

officials, agencies, utilities, and other organizations and citizens.

 

To make and recommend an Official Map to the Town Board in accordance with Section 62.23(6) of the

Wisconsin Statutes.

 

To prepare and recommend a Zoning District Plan and/or suggest necessary text amendments to the

Marinette County Zoning Ordinance.

 

To prepare and recommend Land Division Regulations to the Town Board in accordance with

Section 236.45 of the Wisconsin Statutes.

 

To review all applications for Conditional Uses and report said findings and recommendations to the

Town Board.

 

To make any changes to the Comprehensive Plan they deem necessary or desirable and to recommend

any changes or amendments to the Town Board that they deem necessary or desirable concerning the

Official Map, Zoning, and Land Division Ordinances.

 

To consider and report and recommend on all matters referred to them.

 

SECTION 5       Effective Date

 

This Ordinance shall be effective after adoption and publication by the Town Board of the Town

of Pound.

 

Adopted ____________day of____________2003

Published ____________ day of____________ , 2003

 

APPROVED:

_____________________

Harvey Kamps, Town Chair

 

_____________________                                                               _____________________

Elmer Risner, Town Supervisor                                         Ronald Bushmaker, Town Supervisor

 

_____________________                                                               _____________________

Leonard Semrau, Town Supervisor                                                 David Pellman, Town Supervisor

 

 

 

ATTEST:

 

 

_____________________

Walter Peterson, Town Clerk


 

 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 5: requirement for a building permit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOWNSHIP OF POUND

AN ORDINANCE REQUIRING A BUILDING PERMIT

 

The Town Board of the Town of Pound, County of Marinette, State of Wisconsin does ordain as

follows:

1) Permits required

 

(a) No building or structure shall be built, enlarged, altered, moved or demolished in the

Township of Pound without a permit issued by an appointed administrator at least 48

hours prior to the time work is commenced.

(b) Applications for building permits shall be made to an appointed administrator. The permit

application shall show the location of the construction, erection, alteration, installation

or demolition, the name of the owner, his agents, the type of construction whether

timber, masonry or metal, the size and dimensions, whether it is new, re-construction,

alteration or demolition. All applications shall be made at least 48 hours prior to the

time excavation, construction or demolition begins.

2) Expiration of permit

All building permits shall expire by limitation six (6) months from the date of original issuance,

but the limitation shall not apply where work has been commenced within six (6) months from the date

of the permit and carried on with reasonable diligence.

3) Permit Fees

Applicants for building permits must pay the minimum sum of twenty five (25) dollars before a standard building permit will be issued, twenty (20) dollars where a sanitary permit is

required and thirty (30) when a sanitary and building identificafion is required.

 

4) Penalties

Any person, either as agent, principal or employee violating any of the provisions of this section,

shall upon conviction, forfeit not more than one hundred ($100.00) dollars and the costs of prosecution

and in default of the payment of the forfeiture and costs are paid but not to exceed thirty (30) days.

5) Location

(a) All new buildings shall be set back from highways or streets according to class of

highway.

(b) All new buildings shall be set back from the property line at least ten (10) feet.

(c) All new buildings shall be set back from section line at least twenty-five (25) feet.

6) Reduced Highway Setbacks

A set back less than the setback required for the appropriate class of highway shall be permitted

where there are at least five existing main buildings on the same side of the road within five hundred

feet of the proposed site that are built to less than the required setback. In such cases the setback shall be the average of the nearest main building on each side of the proposed site or if there is no building

on one side, the average of the setback for the main building on one side and the setback required for

the appropriate class of highway. Any other setbacks must be permitted by the Town Board.

(a) Class A Highways

(1) All State and Federal Highways are hereby designated as class A Highways

(2) The setback from Class A Highways shall be 110 feet from the centerline of the

highway or 50 feet from the right-of-way line, whichever is greater.

(b) Class B Highways

(1) All county trunks are hereby designated as Class B Highways. For the purpose of

this ordinance any road will be considered as a county trunk after it has been

placed on the County Trunk System by the county Board and approved by the

Highway Commission.

(2) The setback from Class B Highways shall be 75 feet from the centerline of the

highway or 42 feet from the right-of-way line, whichever is greater.

(c) Class C Highways Minimum of 50 feet

(1) All town roads, minimum of 50 feet wide, public streets and highways not

otherwise classified are hereby designated Class C Highways.

(2) The setback from Class C Highways shall be 75 feet from the centerline of such

highway or 42 feet from the right-of-way line, whichever is greater.

(3) Any Class C Highway that terminates in a dead end road shall have a radius of 50

feet to the rightwof-way line, and the highway setback turn around shall be 42

feet from the right-of-way line.

(4) No building shall be erected within 25 feet of any section line.

7) Visual Clearance Triangle

In each quadrant of every public street intersection there shall be a visual clearance triangle bounded by the street centerline and a line connecting points on them three hundred (300) feet from a Class A Highway intersection. two hundred feet from a Class B Highway intersection and one hundred and fifty feet from a Class C Highway intersection, Objects permitted within highway setback lines and visual triangles include:

(a) Open fences

(b) Telephone, telegraph, and power transmission poles, lines and portable equipment.

(c) Livestock housings that are readily removable in their entirety.

(d) The planting and harvesting of field crops, shrubbery and trees except that no trees or

shrubbery shall be planted within a vision clearance triangle so as to obstruct the view.

Chairperson _____________________Supervisor _____________________

Supervisor _____________________      Attested by Clerk _____________________

 

Dated this 14th day of June 1999.    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 6: Town of Pound Building inspector/uniform dwelling code

 

 


Town Pound

ORDINANCE #2011-01

THE TOWN OF POUND BUILDING INSPECTORIUNIFORM DWELLING CODE

 

 

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 construction and inspection

of one- and two-family dwellings built since June 1, 1980.

 

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 UDC HVAC, UDC

Electrical, and UDC Plumbing

 

1.6 BUILDING PERMIT REQUIRED. If a person alters a building in excess of

$50,000 value in any twelve month period, adds onto a building in excess of 50% of

original size in any twelve month period, or builds or installs a new building, within the

scope of this ordinance, they shall first obtain a building permit for such work from the

building inspector. Any structural changes or major changes to mechanical systems that

involve extensions shall require permits if over the forgoing thresholds. 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, finishing

of interior 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 and shall include an amount determined by and forwarded to the Wisconsin

Department of Commerce for a UDC permit seal that shall be assigned to any new

dwelling.

 

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 determined by the

Town of Pound Fee and Penalty Schedule.

 

1.9 EFFECTIVE DATE. This ordinance shall be effective August 11, 2011 upon

passage and publication as provided by law.

1.10 The building inspector(s) shall keep a log of all inspections completed.

 

 

Adopted this 12th, day of July, 2011

 

 

                                                ___________________________

                                                Jerry Heroux, Chairperson

 

Attest:_____________________

 

 

Published: July 20, 2011


 

 

 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 7: open chapter


 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 8: establish joint municipal court for village of coleman /town of pound


 

 

 

TOWN OF POUND

ORDINANCE NUMBER 2010-100

 

AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF GENERAL

ORDINANCES OF THE TOWN OF POUND, WISCONSIN GOVERNING THE

JOINT MUNICIPAL COURT.

 

THE TOWN BOARD OF THE TOWN OF POUND, MARINETTE COUNTY,

WISCONSIN DOES HEREBY ORDAIN THAT CHAPTER 9, SECTION I (3)

ELECTIONS BE AMENDED TO READ AS FOLLOWS:

 

Term: Clifford Patz was elected in April, 2009 as the Municipal Judge for the

Village of Coleman for a four year term. The Village of Coleman and the Town

of Pound agree that he will serve as judge for the joint municipal court until the

end of his term which is April, 2013. The municipal judge shall then be elected at

large in the spring election in odd numbered years with the first election of the

municipal judge for the j oint municipal court to be held in April, 2013, for a term

of 4 years, with the term commencing on May 1 following the election. All

candidates for the position of municipal judge shall be nominated by nomination

papers as provided in Section 8.10, Wis. Stats., and selection at a primary election

if such is held as provided in Section 8.11, Wis. Stats. The Marinette County

Clerk shall serve as filing officer for the candidates.

 

Approved and adopted this 12thday of January, 2010.

 

OFFERED BY:_________________________________

Town Supervisor

 

SECONDED BY::_________________________________

Town Supervisor

 

APPROVED:_________________________________

Gerald Heroux, Town Chairman

 

ATTEST: :_________________________________

                          Tammy Kasal, Town Clerk


 

 

 

 

 

 

 

 

 

 

code of general ordinances

Of the

town of Pound

marinette county, wisconsin

 

 

 

 

 

 

 

 

Chapter 9: open chapter


 

 

 

CODE OF GENERAL ORDINANCES

OF THE

TOWN OF POUND

MARINETTE COUNTY, WISCONSIN

 

 

 

 

 

CHAPTER 10: ZONING ORDINANCE

 

Adopted August 25, 2005 with Effective Date of September 9, 2005


 

 


TABLE OF CONTENTS

 

Chapter 10:    zoning ordinance.. 10-1

10.0100       INTRODUCTION.. 10-3

10.0101   Authority  10-3

10.0102   Title  10-3

10.0103   Purpose  10-3

10.0104   Intent 10-3

10.0105   Abrogation and Greater Restrictions  10-4

10.0106   Interpretation  10-4

10.0107   Severability  10-4

10.0108   Repeal 10-4

10.0200       GENERAL PROVISIONS. 10-5

10.0201   Jurisdiction  10-5

10.0202   Compliance  10-5

10.0203   Zoning/Building Permit Required  10-5

10.0204   Conditional Use Permit Required  10-6

10.0205   Sign Permit Required  10-6

10.0206   Temporary Uses  10-6

10.0207   Other Permits  10-7

10.0208   Marinette County Shoreland Wetland and Floodplain Zoning Regulations  10-7

10.0209   Erosion Control 10-7

10.0210   Site Restrictions  10-8

10.0211   Site Plan Review and Architectural Control 10-8

10.0212   Use Restrictions  10-8

10.0213   Reduction or Joint Use  10-9

10.0214   Permit Fees  10-9

10.0215   Double Fee  10-10

10.0216   Violations  10-10

10.0217   Remedial Action  10-10

10.0218   Penalties  10-10

10.0300       ZONING DISTRICTS. 10-12

10.0301   Establishment 10-12

10.0302   Zoning Map  10-12

10.0303   A-1 Agricultural/Rural Residential District 10-13

10.0304   R-1  Single-Family Residential District 10-16

10.0305   R-2 Single-Family and Two-Family Residential District 10-17

10.0306   R-3 Multi-Family Residential District 10-19

10.0307   B-1 Commercial Business District 10-21

10.0308   B-2 Highway Commercial Business District 10-23

10.0309   M-1 Limited Manufacturing District 10-26

10.0310   M-2 General Manufacturing District 10-27

10.0311   Q-1 Quarrying District 10-30

10.0312   I-1 Institutional District 10-32

10.0313   P-1 Park District 10-34

10.0314   HCO USH 141 - Highway Corridor Overlay District 10-35

10.0400       Particular use Requirements. 10-42

10.0401   Purpose  10-42

10.0402   Applicability  10-42

10.0403   Mobile Homes  10-42

10.0404   Manufactured Home  10-43

10.0405   Airport Regulations  10-45

10.0406   Adult Entertainment Facilities  10-46

10.0407   Agricultural Uses Requirements  10-46

10.0500       CONDITIONAL USES. 10-50

10.0501   Permits  10-50

10.0502   Application  10-50

10.0503   Review and Approval 10-50

10.0504   Public, Semipublic, and Institutional Uses  10-51

10.0505   Agricultural Uses  10-51

10.0506   Residential Uses  10-52

10.0507   Business Uses  10-54

10.0508   Manufacturing Uses  10-55

10.0509   Wireless Communication Facilities  10-56

10.0510   Recreational Uses  10-58

10.0511   Energy Conservation Uses  10-59

10.0512   Temporary Uses  10-61

10.0600       PARKING, LOADING, DRIVEWAYS, AND ACCESS. 10-64

10.0601   Traffic Vision Clearances  10-64

10.0602   Loading Requirements  10-64

10.0603   Parking Requirements  10-64

10.0604   Restrictions on Parking of Equipment 10-69

10.0605   Parking of Recreational Vehicles  10-70

10.0606   Driveways  10-70

10.0607   Street and Highway Access  10-71

10.0700       SIGNS. 10-72

10.0701   Purpose and Intent 10-72

10.0702   Compliance  10-72

10.0703   Signs Permitted in all Districts Without a Permit 10-72

10.0704   Signs Permitted in all Residential Districts with a Permit 10-73

10.0705   Signs Permitted in the Agricultural District Without a Permit 10-73

10.0706   Signs Permitted in all Business and Manufacturing Districts with a Permit 10-73

10.0707   Off-Premises Signs  10-75

10.0708   Signs Permitted in Institutional and Park Districts with a Permit 10-75

10.0709   Portable Signs  10-76

10.0710   Facing  10-76

10.0711   Lighting and Color 10-76

10.0712   Construction and Maintenance Standards  10-76

10.0713   Nonconforming Signs  10-77

10.0714   Prohibited Signs  10-77

10.0715   Measuring Signs  10-77

10.0716   Flags  10-78

10.0717   Sign Permit 10-78

10.0718   Fee for Sign Permit 10-78

10.0719  10-78

10.0800       MODIFICATIONS. 10-80

10.0801   Height 10-80

10.0802   Yards  10-80

10.0803   Accessory Use Regulations  10-81

10.0804   Accessory Use Restrictions  10-85

10.0805   Compliance With The Americans With Disabilities Act 10-86

10.0806   Additions  10-86

10.0807   Corner Lots  10-86

10.0808   Existing Substandard Lots  10-86

10.0900       NONCONFORMING USES AND STRUCTURES. 10-88

10.0901   Existing Nonconforming Uses  10-88

10.0902   Abolishment or Replacement 10-88

10.0903   Existing Nonconforming Structures  10-88

10.0904   Changes and Substitutions  10-88

10.1000       SITE PLAN REVIEW AND ARCHITECTURAL CONTROL.. 10-90

10.1001   Purpose and Intent 10-90

10.1002   Principles  10-90

10.1003   Administration  10-91

10.1004   Review and Findings  10-92

10.1005   Sureties  10-92

10.1006   Appeals  10-92

10.1100       PERFORMANCE STANDARDS. 10-94

10.1101   Compliance  10-94

10.1102   Fire and Explosive Hazards  10-94

10.1103   Glare and Heat 10-94

10.1104   Water Quality Protection  10-94

10.1105   Noise and Vibration  10-94

10.1106   Odors  10-95

10.1107   Particulate Emissions  10-95

10.1108   Visible Emissions  10-95

10.1109   Radioactivity and Electrical Disturbances  10-95

10.1110   Vibration  10-95

10.1111   Lighting  10-96

10.1112   Administration  10-96

10.1200       Administration.. 10-98

10.1201   Town Board  10-98

10.1202   Plan Commission  10-98

10.1203   Organization  10-99

10.1204   Powers and Duties  10-99

10.1205   Public Information  10-100

10.1206   Zoning Administrator Designated  10-100

10.1207   Zoning/Building Permit Required  10-100

10.1208   Conditional Use Permit 10-100

10.1209   Temporary Uses  10-101

10.1210   Site Plan and Architectural Review   10-101

10.1211   Permit Fees  10-101

10.1212   Double Fee  10-101

10.1213   Violations  10-101

10.1214   Remedial Action  10-101

10.1215   Penalties  10-101

10.1300       ZONING BOARD OF APPEALS. 10-102

10.1301   Establishment 10-102

10.1302   Membership  10-102

10.1303   Organization  10-102

10.1304   Powers  10-102

10.1305   Appeals and Applications  10-103

10.1306   Hearings  10-104

10.1307   Findings  10-104

10.1308   Decision  10-104

10.1309   Review by Court of Record  10-105

10.1400       CHANGES AND AMENDMENTS. 10-106

10.1401   Authority  10-106

10.1402   Initiation  10-106

10.1403   Petitions  10-106

10.1404   Recommendations  10-106

10.1405   Hearings  10-106

10.1406   Town Board Action  10-106

10.1407   Protest 10-106

10.1500       NOTICEs OF PUBLIC HEARING.. 10-108

10.1501   Notices of Public Hearing  10-108

10.1600       DEFINITIONS. 10-110

10.1601   General Definitions  10-110

10.1602   Specific Words and Phrases  10-110

10.1700       ADOPTION AND EFFECTIVE DATE.. 10-126

10.1701   Village Powers  10-126

10.1702   Public Hearing  10-126

10.1703   Plan Commission Recommendation  10-126

10.1704   Town Board Approval 10-126

10.1705   County Board Approval 10-126

10.1706   Effective Date  10-126

 

 

APPENDICES

 

APPENDIX A: Table of Principal Uses............................................................................................................................ A-1

APPENDIX B:  Illustrations............................................................................................................................................... B-1

 


Chapter 3:              zoning ordinance


 

3.0100                     INTRODUCTION

3.0101              Authority

The Town of Pound pursuant to the authority granted by Sections 60.22(3), 60.62, 61.35, and 62.23(7) and other relevant provisions of the Wisconsin Statutes and amendments thereto, do ordain as follows:

3.0102              Title

This Ordinance shall be referred to or cited as the “ZONING ORDINANCE, TOWN OF POUND, MARINETTE COUNTY, WISCONSIN” and is hereafter referred to as the “Ordinance”.

3.0103              Purpose

The purpose of this Ordinance is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the Town of Pound, Marinette County, Wisconsin.

3.0104              Intent

It is the general intent of this Ordinance to regulate and restrict the use of all structures, lands and waters; and to:

A.           Regulate lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage;

B.            Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities;

C.            Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;

D.           Secure safety from fire, pollution, contamination and other dangers;

E.            Stabilize and protect existing and potential property values;

F.             Preserve and protect the beauty of the Town of Pound;

G.           Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;

H.           Further the maintenance of safe and healthful water conditions;

I.              Provide for and protect a variety of suitable commercial and industrial sites;

J.              Protect the traffic-carrying capacity of existing and proposed arterial roads and highways;

K.           Implement those town, county, watershed, and regional comprehensive plans or components of such plans adopted by the Town of Pound, Marinette County; and

L.            Provide for the administration and enforcement of this Ordinance and provide penalties for the violation of this Ordinance.

3.0105              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 law.  However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.

3.0106              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 Town and shall not be construed to be a limitation or repeal of any other power now possessed by the Town of Pound, Marinette County.

3.0107              SEVERABILITY

A.           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.

B.            If any application of this Ordinance to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

3.0108              REPEAL

All other ordinances or parts of ordinances of the Town of Pound, Marinette County, inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed.

3.0200                     GENERAL PROVISIONS

3.0201              Jurisdiction

The jurisdiction of this Ordinance shall apply to all structures, lands, water, and air within the unincorporated limits of the Town of Pound, Marinette County, Wisconsin.

3.0202              Compliance

A.           No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

B.            The duty of the Zoning Administrator shall be to interpret and administer this Ordinance.  The Zoning Administrator shall issue, after review, all permits required by this Ordinance and shall maintain records of all permits issued.  The Zoning Administrator shall investigate all complaints, give notice of violations, issue orders to comply with the zoning ordinance, issue citations for the violation of this Ordinance and assist the town attorney in the prosecution of ordinance violators in The Town of Pound and Village of Coleman Municipal Court. The Zoning Administrator and his duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.

3.0203              Zoning/Building Permit Required

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a Zoning/Building Permit from the Zoning Administrator. Applications for Zoning/Building Permit shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: 

A.           Name and Addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

B.            Description of the Subject Site by lot, block and recorded subdivision, or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

C.            Plat of Survey or parcel of record prepared by a registered land surveyor showing the location, boundaries, dimensions, uses, and sizes of the following:  subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off street parking, loading areas and drive-ways; existing highway access restrictions; and existing and proposed street, side, and rear yards. 

D.           Proposed Sewage Disposal Plan.  In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of a private onsite waste treatment system designed in accordance with  Marinette County ordinances, Chapter Comm 83 and Comm 85 of the Wisconsin Administrative Code, and other applicable laws and regulations.

E.            Proposed Water Supply Plan.  In any district where municipal water treatment system is not available, the width and area of all lots shall be sufficient to permit the use of a private water system designed in accordance with all County and Town ordinances, Chapter NR 812 of the Wisconsin Administrative Code, and other applicable laws and regulations.

F.             Condominium Declaration. Any developer of land in the Town of Pound who elects to create a condominium pursuant to Chapter 703 of the Wisconsin Statutes shall submit a copy of the Condominium Declaration, and any amendment thereto, to the Zoning Administrator, to be attached to the file copy of the Zoning/Building Permit application.

G.           Additional Information as may be required by the Town Plan Commission, or Zoning Administrator.

H.           A Zoning/Building Permit shall be granted or denied in writing by the Zoning Administrator within 30 days after application. All conditional use permits shall be granted or denied within 60 days after application, unless the time is extended by mutual consent of the applicant and the Town. The permit shall expire within six (6) months unless substantial work has commenced, and within 18 months if the structure for which the permit was issued is not substantially completed. Any permit issued in conflict with the provisions of this Ordinance shall be null and void.

I.              The Zoning/Building Permit shall be recorded by the appropriate town official and placed on file with a new fire number recorded on the official town fire map.

3.0204              Conditional Use Permit Required

See Section 10.0500.

3.0205              Sign Permit Required

See Section 10.0700.

3.0206              Temporary Uses

See Section 10.0512.

3.0207              Other Permits

It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or county agency. This includes, but is not limited to a floodplain or shoreland/wetland permit pursuant to the Marinette County Floodplain Ordinance and the Marinette County Shoreland and Wetland Zoning Ordinance, a sanitary permit pursuant to the Marinette County Private Sewage System Ordinance, division of lands pursuant to the Marinette County Land Division and Subdivision Regulations, a reclamation permit pursuant to the Marinette County Non Metallic Mining Reclamation Ordinance and NR 135, a water use permit pursuant to Chapter 30 of the Wisconsin Statutes, Runoff Management and Construction Site Erosion Control pursuant to NR 151 and NR 152 respectively,  Animal Feeding Operations pursuant to NR 243, Storm Water Discharge pursuant to NR 216, or a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Act and/or a Water Quality Certification from the Wisconsin Department of Natural Resources.

3.0208              Marinette County Shoreland Wetland and Floodplain Zoning Regulations

The Town recognizes that Marinette County has adopted a Shoreland and Wetland Zoning Ordinance and a Floodplain Zoning Ordinance in compliance with Wisconsin Statutes.  Accordingly, the Zoning Administrator for the Town of Pound shall refer to Marinette County all applicants seeking Zoning/Building Permits for structures or uses which are proposed to be located or conducted within the shoreland/wetland or floodplain area subject to County regulations. If the Zoning Administrator determines that any Town Zoning/Building Permit is required for such project, the permit shall not be issued until the county permit has been issued. In a situation where the Town and County regulations conflict, the more restrictive regulations shall apply.

3.0209              Erosion Control

The Town of Pound finds that runoff from construction sites may carry a significant amount of sediment and other pollutants to the waters of this state and the waters of the Town of Pound.

It is the purpose of this Section to preserve natural resources; to protect the quality of the waters of the state and the Town of Pound; and to protect and promote the health, safety, and general welfare of the people of the Town of Pound, to the extent practicable, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites to lakes, streams, and wetlands.

Accordingly, no construction site activity shall discharge sediment and other pollutants to lakes, streams, wetlands, or adjoining properties so as to exceed or contribute to the exceeding of minimum standards set forth in applicable state or county regulations or equivalent programs including, but not limited to, Department of Commerce Uniform Dwelling Code and Commercial Building Code provisions contained within Comm. Chapter 21; Comm. Chapters 60 to Chapter 65; Comm. Chapter 101; and, Department of Natural Resources  NR 216 of the Wisconsin Administrative Code.

3.0210              Site Restrictions

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low  percolation rate or bearing strength, erosion susceptibility, or any  other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community.  The Town of Pound Plan Commission, in applying the provisions of this Section, shall in writing recite the particular facts upon which they base their conclusion that the land is not suitable for certain uses.  The applicant shall have an opportunity to present evidence contesting such unsuitability if so desired. Thereafter the Town Plan Commission may affirm, modify, or withdraw the determination of unsuitability.

A.           Private Sewer and Water.  In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of a private onsite waste treatment system designed in accordance with Chapters Comm 83 and Comm 85 of the Wisconsin Administrative Code.

B.            Public Access. No Zoning/Building Permit shall be issued for construction unless the main body of the lot upon which the building or structure is to be erected fronts on a public street for a distance of at least 200 feet, except as provided for by Section 10.0808 EXISTING SUBSTANDARD LOTS.

C.            All structures shall be located on a lot; and in single-family and two-family residential districts, only one principal structure shall be located, erected, or moved onto a lot. The Town Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel.  Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, parking requirements, or require a minimum separation distance between principal structures.

D.           Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district.  The street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

3.0211              Site Plan Review and Architectural Control

See Section 10.1000.

3.0212              Use Restrictions

The following use restrictions and regulations shall apply:

A.           Principal Uses. Only those principal uses specified for a district, their essential services, and the following uses listed in this Section shall be permitted in that district.

B.            Accessory Uses and structures are permitted in any district, subject to the requirements of Section 10.0803 of this Ordinance. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations, home industries and professional home offices as defined in this Ordinance. 

C.            Conditional Uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission in accordance with Section 10.0500 of this Ordinance.

D.           Unclassified or Unspecified Uses may be permitted by the Plan Commission after review and public hearing provided that such uses are similar in character to the principal uses permitted in the district.

E.            Temporary Uses such as real estate sales or rental field offices or shelters for materials and equipment  used in the construction of a permanent structure, may be permitted for a period of up to one year by the Plan Commission. Temporary use permits may be renewed if the Plan Commission deems such renewal appropriate. Additional temporary conditional use permits are set forth in Section 10.0512 of this Ordinance and may be permitted as set forth in that Section.

F.             The Accumulation, Storage or Parking of farm, construction, or building equipment, trucks, tractors, semi-trailers, more than two (2) disassembled, dismantled, junked, wrecked, inoperable, or unlicensed vehicles,  refrigerators, furnaces, washing machines, stoves, machinery or parts thereof, wood, brick, concrete block, or other unsightly debris which may tend to depreciate property values in the area or create a nuisance or hazard shall not be permitted on any lot or parcel of land within the Town of Pound, except within a permitted salvage yard operated under a Conditional Use Permit, or elsewhere if completely housed and out of public view, or in accordance with Section 10.0604 of this Ordinance.

G.           Temporary Placement of a Mobile Home may be permitted in any district by the Zoning Administrator as temporary or emergency shelter.  Emergencies justifying the placement of a mobile home shall include destruction of the permanent home on a lot by wind, fire, or other disaster. A temporary or emergency mobile home permit may be issued for a period of one year and may be renewed for one six-month period. In authorizing the temporary use permit, the Zoning Administrator shall require that the mobile home be oriented in a manner that is compatible with adjacent land uses. Appropriate landscape screening may also be required.

3.0213              Reduction or Joint Use

No lot, yard, parking area, building 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, or other space required for a structure or use shall be used for any other structure or use.

3.0214              Permit Fees

All persons, firms, or corporations performing work which by this Ordinance requires the issuance of a permit shall pay a fee for such permit to the Zoning Administrator to help defray the cost of administration, investigation, advertising, and processing of permits and variances. A fee shall also be required for a zoning text or map amendment, and a zoning appeal or variance.  All fees shall be established by separate resolution by the Town Board, which may be amended and revised from time to time as deemed appropriate.

3.0215              Double Fee

A Double Fee shall be charged by the Town Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance.

3.0216              Violations

It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this Ordinance.  Failure to secure the necessary permits prior to commencing construction shall also constitute a violation.  In the case of any violation, the Town Board of Supervisors, the Zoning Administrator, the Town Plan Commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this Ordinance. Violations may be enforced in the Town of Pound and Village of Coleman Municipal Court or the Marinette County Circuit Court by a citation issued by the Zoning Administrator, law enforcement officer empowered to act in the Town of Pound, the Town Constable, or any other designated Town of Pound official authorized by the Town Board.

3.0217              Remedial Action

Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Town Board, the Zoning Administrator, or the Town Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.

3.0218              Penalties

Any person, firm, or corporation who fails to comply with the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than $10 nor more than $1,000 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days.  Each day a violation exists or continues shall constitute a separate offense. Violations may be enforced in Marinette County Circuit Court or in the Town of Pound Municipal Court , by a citation issued by the Zoning Administrator, law enforcement officer empowered to act in the Town of Pound, the Town Constable, or any other designated Town of Pound official authorized by the Town Board.


 

3.0300                     ZONING DISTRICTS

3.0301              Establishment

A.           For the Purpose of this Ordinance, the Town of Pound is hereby divided into the following Zoning Districts:

A-1        Agricultural/Rural Residential District

R-1        Single-Family Residential District

R-2        Single Family and Two Family Residential District

R-3        Multi-Family Residential District

B-1        Mixed Use Commercial Business District

B-2        Highway Commercial Business District

M-1       Limited Manufacturing District

M-2       General Manufacturing District

Q-1        Quarrying District

I-1         Institutional District

P-1         Park District

HCO     USH 141 Highway Corridor Overlay District

B.            Boundaries of these districts are hereby established as shown on the Map entitled “Zoning Map - Town of Pound, Marinette County, Wisconsin”, which accompanies this Ordinance and is herein made a part of this Ordinance.  Such boundaries shall be construed to follow: corporate limits; U. S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended; unless otherwise noted on the Zoning Map.

C.            Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

3.0302              Zoning Map

A certified copy of the Zoning Map shall be adopted and approved with the text as part of this Ordinance and shall bear upon its face the attestation of the Town Chairperson and Town Clerk and shall be available to the public in the office of the Town Clerk.  Amendments to the Zoning Map shall take effect upon adoption by the Town Board, and the filing of proof of posting or publication thereof in the office of the Town Clerk.  It shall be the duty of the Town Clerk to enter all Zoning Map amendments upon the certified copy of the Zoning Map and certify the same.


3.0303              A-1 Agricultural/Rural Residential District

The A-1 Agricultural/Rural Residential District is intended to provide for, maintain, preserve, and enhance agricultural lands historically utilized for dairy farming, crop production and raising of livestock. The district is further intended to accommodate both large and small farm units, including truck farming, horse farming, hobby farming, orchards, and other similar agricultural-related activity.

A.           Principal Uses

1.              Apiculture (beekeeping).
2.              Circular driveways.
3.              Community living arrangements, community-based residential facilities (CBRF) which have a capacity for 8 or fewer persons, and foster family homes, subject to the limitations set forth in Section 60.63 of the Wisconsin Statutes.
4.              Dairy farming, and keeping and raising of domestic stock for agribusiness, breeding, recreation or show.
5.              Essential services.
6.              Family day care homes.
7.              Fish hatcheries and fish farming.
8.              Feedlots and poultry operations except “large animal feeding operations” as defined by Chapter NR 243 of the Wisconsin Administrative Code.
9.              Floriculture and plant nurseries, including wholesale greenhouses.
10.          General farm buildings including barns, silos, sheds, and storage bins.
11.          Raising of grain, grass, mint, seed crops, tree fruits, nuts, berries, grapes, vegetables, and the harvesting of syrup.
12.          Single-family and two family dwellings on traditional lots.
13.          Sod farming.

B.            Accessory Uses

1.              Forest and game management.
2.              Home occupations and professional home offices subject to the requirements of Section 10.0803.G.
3.              One roadside stand not exceeding 150 square feet in floor area for farm products produced on the premises.
4.              Other accessory structures and uses as specified in Section 10.0803.A through 10.0803 .G.
5.              Sand and gravel extraction (pits) incidental to the farm operation and not conducted as a commercial activity.

C.            Conditional Uses (Also see Section 10.0500)

1.              Accessory uses listed in Section 10.0803.B  to be located within a street yard.
2.              Airports, airstrips and landing fields.
3.              Animal hospitals and veterinary services.
4.              Artificial Lakes and Ponds
5.              Auto body repair, engine repair as a home industry.
6.              Bed and breakfast establishments.
7.              Commercial boat and recreational vehicle storage.
8.              Commercial day cares.
9.              Cemeteries.
10.          Clinics.
11.          Commercial animal raising and boarding, including stables and kennels.
12.          Commercial butchering.
13.          Community living arrangements with capacity for 9 or more persons, subject to Section 60.63 of the Wisconsin Statutes.
14.          Elderly housing.
15.          Energy conservation uses.
16.          Greenhouses, nurseries, truck farms and orchards, which have retail trade connected with the business.
17.          Home industries.
18.          Housing for parents or children of the farm operator and farm labor, including manufactured homes.
19.          Laboratories.
20.          “Large animal feeding operations” as defined by Chapter NR 243 of the Wisconsin Administrative Code.
21.          Machine shops as a Home Industry.
22.          Nursing homes.
23.          Processing dairy products, peas, and corn.
24.          Public or private schools, colleges, and universities.
25.          Radio and television transmission towers.
26.          Raising of fur bearing animals.
27.          Recreational uses (See Section 10.0510).
28.          Religious institutions.
29.          Taverns and cocktail lounges.
30.          Utilities.
31.          Warehousing of agricultural products.
32.          Wireless communication facilities (See Section 10.0509)

D.           Lot Area and Width

Lots shall have a minimum area of 2.0 acres and provide not less than 87,120 square feet per dwelling unit.  Lots shall be not less than 200 feet in width.  Corner lots (a lot abutting 2 or more streets at their intersection) shall provide a minimum lot width of not less than 200 feet along each street.  Lots located on a cul-de-sac or curve may be reduced to not less than 66 feet in width at the street right-of-way line provided there is at least 200 feet of width at the required building setback line.

E.            Building Height and Area

1.              Farm structures (barns, sheds, pole buildings, etc.) shall not exceed 70 feet in height.
2.              Silos and grain elevators shall not exceed 100 feet in height.
3.              Dwellings and non-farm accessory structures shall not exceed 35 feet in height.
4.              The total minimum floor area of a one-story dwelling shall be 1,000 square feet per unit. The total minimum floor area of a two-story dwelling shall be 1,300 square feet with a minimum first floor area of 900 square feet.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of State and County roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Town roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.
4.              In the A-1 Agricultural/Rural Residential District, the maximum building coverage (percentage of individual lot) shall not exceed five percent (5%) of the lot.

3.0304              R-1  Single-Family Residential District

The R-1 Single-Family Residential District is intended to provide for single-family development served by private onsite waste treatment systems and private wells.  Two-family dwellings may be allowed as a conditional use.

A.           Principal Uses

1.              Circular driveways.
2.              Community living arrangements, community-based residential facilities (CBRF) which have a capacity for 8 or fewer persons, and foster family homes, subject to the limitations set forth in Section 60.63 of the Wisconsin Statutes.
3.              Essential services.
4.              Family day care homes.
5.              Single-family dwellings.

B.            Accessory Uses

1.              Kennels for no more than 3 licensed dogs.
2.              Other accessory structures and uses as specified in Section 10.0803.A through 10.0803.G.

C.            Conditional Uses (Also see Section 10.0500)

1.              Accessory uses listed in Section 10.0803. B. that are to be located within a street yard.
2.              Clinics.
3.              Community living arrangements with capacity for nine (9) or more persons, subject to Section 60.63 of the Wisconsin Statutes.
4.              Commercial day cares.
5.              Energy Conservation uses.
6.              Elderly housing.
7.              Home industries.
8.              Nursing homes.
9.              Public, parochial, and private schools.
10.          Religious institutions.
11.          Utilities.

D.           Lot Area and Width

Lots shall have a minimum area of 2.0 acres and provide not less than 87,120 square feet per dwelling unit.  Lots shall be not less than 200 feet in width.  Corner lots (a lot abutting two (2) or more streets at their intersection) shall provide a minimum lot width of not less than 200 feet along each street.  Lots located on a cul-de-sac or curve may be reduced to not less than 66 feet in width at the street right-of-way line provided there is at least 200 feet of width at the required building setback line.

E.            Building Height and Area

1.              No building or parts of a building shall exceed 35 feet in height.
2.              The total minimum floor area of a one-story dwelling shall be 1,000 square feet per unit. The total minimum floor area of a two-story dwelling shall be 1,300 square feet with a minimum first floor area of 900 square feet.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.
4.              In the R-1 Single-Family Residential District, the maximum building coverage (percentage of individual lot) shall not exceed five percent (5%) of the lot.

3.0305              R-2 Single-Family and Two-Family Residential District

The R-2 Single Family and Two-Family Residential District is intended to provide for single-family and two-family development served by private onsite waste treatment systems and private wells. 

A.           Principal Uses

1.              Circular driveways.
2.              Community living arrangements, community-based residential facilities (CBRF) which have a capacity for 8 or fewer persons, and foster family homes, subject to the limitations set forth in Section 60.63 of the Wisconsin Statutes.
3.              Single-family dwellings.
4.              Two-family dwellings
5.              Essential services.
6.              Family day care homes.

B.            Accessory Uses

1.              Kennels for no more than 3 licensed dogs.
2.              Other accessory structures and uses as specified in Section 10.0803.A through  10.0803.G.

C.            Conditional Uses (Also see Section 10.0500)

1.              Accessory uses listed in Section 10.0803.B to be located within a street yard.
2.              Clinics.
3.              Community living arrangements with capacity for 9 or more persons, subject to Section 60.63 of the Wisconsin Statutes.
4.              Commercial day cares.
5.              Elderly housing.
6.              Energy conservation uses.
7.              Home industries.
8.              Nursing homes.
9.              Public, parochial, and private schools, colleges, and universities.
10.          Religious institutions.
11.          Utilities.

D.           Lot Area and Width

Lots shall have a minimum area of 2.0 acres and provide not less than 87,120 square feet per dwelling unit.  Lots shall be not less than 200 feet in width.  Corner lots (a lot abutting 2 or more streets at their intersection) shall provide a minimum lot width of not less than 200 feet along each street. Lots located on a cul-de-sac or curve may be reduced to not less than 66 feet in width at the street right-of-way line provided there is at least 200 feet of width at the required building setback line.

E.            Building Height and Area

1.              No building or parts of a building shall exceed 35 feet in height.
2.              The total minimum floor area of a one-story dwelling shall be 1,000 square feet per unit. The total minimum floor area of a two-story dwelling shall be 1,300 square feet with a minimum first floor area of 900 square feet.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.
4.              In the R-2 Single Family and Two Family Residential District, the maximum building coverage (percentage of individual lot) shall not exceed five percent (5%) of the lot.

3.0306              R-3 Multi-Family Residential District

The R-3 Multi-Family Residential District is intended to provide for multi-family development, where such dwellings are served by a public sanitary sewerage system.

A.           Principal Uses

1.              Community living arrangements, community-based residential facilities (CBRF) which have a capacity for 15 or fewer persons, and foster family homes, subject to the limitations set forth in Section 60.63 of the Wisconsin Statutes.
2.              Essential services.
3.              Family day care homes.
4.              Multi-family dwellings.
5.              Single-family dwellings.
6.              Two-family dwellings.

B.            Accessory Uses

1.              Kennels for no more than 3 licensed dogs.
2.              Other accessory structures and uses as specified in Section 10.0803.A through 10.0803.G.

C.            Conditional Uses (Also see Section 10.0500)

1.              Accessory uses listed in Section 10.0803.B to be located within a street yard.
2.              Circular driveways.
3.              Community-based residential facilities for 16 or more people, subject to the limitations set forth in Section 60.63 of the Wisconsin Statutes.
4.              Energy conservation uses.
5.              Home industries.
6.              Elderly housing.
7.              Manufactured/Mobile home parks (See 10.0506. H.).
8.              Nursing homes.
9.              Clinics.
10.          Commercial day care centers
11.          Public or private schools, colleges, and universities.
12.          Religious institutions.
13.          Utilities.

D.           Lot Area and Width

Lots shall have a total minimum area of 2.0 acres and provide not less than 20,000 square feet per dwelling unit.  Lots shall be not less than 200 feet in width. Corner lots (a lot abutting 2 or more streets at their intersection) shall provide a minimum lot width of not less than 200 feet along each street.  Lots located on a cul-de-sac or curve may be reduced to not less than 66 feet in width at the street right-of-way line provided there is at least 200 feet of width at the required building setback line.

E.            Building Height and Area

1.              No building or parts of a building shall exceed 35 feet in height.
2.              The total minimum floor area of a principal structure shall be 2,000 square feet with a minimum floor area of 500 square feet per dwelling unit.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.
4.              In the R-3 Multi Family Residential District, the maximum building coverage (percentage of individual lot) shall not exceed five percent (5%) of the lot.

3.0307              B-1 Commercial Business District

The B-1 Commercial Business District is intended to provide for the orderly and attractive grouping at appropriate locations of businesses offering a wide range of retail products and services. The character, appearance, and operation of such businesses should be compatible with surrounding uses.

A.            Principal Uses

1.              Animal hospitals and veterinary services.
2.              Antique and collectors stores.
3.              Art galleries.
4.              Bakeries.
5.              Bowling alleys.
6.              Circular driveways.
7.              Clinics.
8.              Confectioneries, soda fountains, and ice cream stores.
9.              Delicatessens.
10.          Electronic equipment sales, service, and repair.
11.          Essential services.
12.          Financial institutions, including drive-in facilities.
13.          Florists.
14.          Grocery stores and specialty food stores.
15.          Interior decorators.
16.          Offices.
17.          Motels and hotels.
18.          Parking lots and structures.
19.          Personal services.
20.          Photography and art studios
21.          Physical fitness centers
22.          Publishing houses.
23.          Radio and television broadcast studios, not including transmitting towers.
24.          Restaurants, except drive-in restaurants.
25.          Retail establishments without outside storage or display of merchandise, not to exceed 50,000 square feet of gross leasable floor area.
26.          Self service laundry and dry-cleaning establishments.
27.          Taverns and cocktail lounges.
28.          Theaters.

B.            Accessory Uses

1.              Accessory structures and uses as specified in Section 10.0803.A through 10.0803.F.
2.              Garages used for storage of vehicles used in conjunction with the operation of a business.
3.              Off-street parking and loading areas.
4.              Rental apartments on a non-ground floor provided there is a minimum floor area of 500 square feet for a one-bedroom apartment and 750 square feet for a two-bedroom or larger apartment.

C.            Conditional Uses (Also see Section 10.0500)

1.              Adult-oriented uses.
2.              Drive-in restaurants.
3.              Energy conservation uses.
4.              Funeral homes and crematoriums.
5.              Greenhouses, nurseries, truck farms, and orchards, which have retail trade connected with the business.
6.              Elderly housing.
7.              Nursing homes.
8.              Commercial animal raising and boarding, including stables and kennels.
9.              Commercial day care centers.
10.          Radio and television transmission towers.
11.          Recreational uses (See Section 10.0510).
12.          Utilities.
13.          Wireless communication facilities (see Section 10.0509).

D.           Lot Area and Width

1.              Lots shall have a minimum area of 2.0 acres and shall be not less than 200 feet in width.  Corner lots shall provide a lot width of not less than 200 feet for each side fronting on a street.
2.              Individual business sites in the B-1 District shall provide sufficient area for the principal building and its accessory buildings, off-street parking and loading areas, and required yards. 
3.              Shopping centers shall contain a minimum area of 5 acres and shall be not less than 300 feet in width.

E.            Building Height

No building or parts of a building shall exceed 35 feet in height.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.

G.           Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be Submitted to Town Plan Commission

To encourage a business environment that is compatible with the rural character of the Town, Zoning/Building Permits for permitted uses in the B-1 Commercial Business District shall not be issued without review and approval of the Town of Pound Plan Commission. Review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization.

3.0308              B-2 Highway Commercial Business District

The B-2 Highway Commercial Business District is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.

A.           Principal Uses

1.              Animal hospitals and veterinary services.
2.              Antique and collector stores.
3.              Automotive sales and service.    
4.              Bowling alleys.
5.              Building supply stores excluding lumber yards.
6.              Circular driveways.
7.              Clinics.
8.              Commercial boat and recreational vehicle storage.
9.              Drive in restaurants.
10.          Essential services.
11.          Financial institutions; including drive-in facilities.
12.          Garden centers.
13.          Gasoline service stations provided that all service islands and pumps shall meet the setback requirements.
14.          Grocery and specialty food stores.
15.          Motels and hotels.
16.          Offices.
17.          Photography and art studios.
18.          Physical fitness centers.
19.          Restaurants, including drive-in restaurants.
20.          Retail establishments.
21.          Self-service storage facilities (mini-warehouses) provided that no perishable products may be stored; no flammable or explosive materials may be stored; and no sale of merchandise is conducted from a mini-warehouse.
22.          Taverns and cocktail lounges.
23.          Theaters.

B.            Accessory Uses

1.              Accessory structures and uses as specified in Section 10.0803.A through 10.0803.F.
2.              Garages used for storage of vehicles used in conjunction with the operation  of a business.
3.              Off-street parking and loading areas.
4.              Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

C.            Conditional Uses (Also see Section 10.0500)

1.              Commercial animal raising and boarding including stables and kennels.
2.              Commercial day cares.
3.              Drive-in uses.
4.              Energy conservation uses.
5.              Funeral homes and crematoriums.
6.              Greenhouses, Nurseries, Truck Farms, And Orchards, Which Have Retail Trade Connected with the business.
7.              Nursing homes.
8.              Radio and television transmission towers.
9.              Recreational uses (See Section 10.0510).
10.          Utilities.
11.          Wireless communication facilities (See Section 10.0509).

D.           Lot Area and Width

Lots shall have a minimum area of 2.0 acres and shall be not less than 200 feet in width. Corner lots shall provide a minimum lot width of not less than 200 feet for each side fronting on a street.

E.            Building Height

No building or parts of a building shall exceed 35 feet in height.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.

G.           Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be Submitted to Plan Commission

To encourage a business environment that is compatible with the rural character of the Town, Zoning/Building Permits for permitted uses in the B-2 Highway Commercial Business District shall not be issued without review and approval of the Town of Pound Plan Commission. Review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization.


3.0309              M-1 Limited Manufacturing District

The M-1 Limited Manufacturing District is intended to provide for manufacturing, industrial, and related uses of a limited nature and size, which on the basis of actual physical and operational characteristics would not be detrimental to the surrounding area or to the Town as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance, or other similar factors.

A.           Principal Uses

1.              Custom manufacturing.
2.              Commercial greenhouses.
3.              Electrotyping and stereotyping.
4.              Essential services.
5.              Food locker plants.
6.              Leather fabrication, not including tanning.
7.              Light manufacturing.
8.              Machine shops.
9.              Pharmaceutical processing.
10.          Rice milling.
11.          Warehousing.
12.          Wholesaling.

B.            Accessory Uses

1.              Off-street parking and loading areas.
2.              Office, storage, power supply, and other uses normally auxiliary to the principal industrial operation.
3.              Other accessory structures and uses as specified in Section 10.0803.A through 10.0803.F.

C.            Conditional Uses (Also see Section 10.0500)

1.              Airports, airstrips, and landing fields.
2.              Energy conservation uses.
3.              Laboratories.
4.              Lumber yards.
5.              Public passenger transportation terminals.
6.              Radio and television transmission towers.
7.              Recreational uses (See Section 10.0510).
8.              Truck and other transportation terminals.
9.              Utilities.
10.          Wireless communication facilities (See Section 10.0509).

D.           Lot Area and Width

Lots shall have a minimum area of 2.0 acres and shall be not less than 200 feet in width. Corner lots shall provide a minimum lot width of not less than 200 feet for each side fronting on a street.

E.            Building Height

No principal building or parts of a principal building shall exceed 50 feet in height.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.

G.           Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be Submitted to Plan Commission

To encourage an industrial environment that is compatible with the rural character of the Town, Zoning/Building Permits for permitted uses in the M-1 Limited Manufacturing District shall not be issued without review and approval of the Town of Pound Plan Commission.  Said review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization.

3.0310              M-2 General Manufacturing District

The M-2 General Manufacturing District is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than the M-1 Limited Manufacturing District in those areas where the relationship to surrounding land use would create fewer problems of compatibility.  The M-2 District should not normally abut directly upon residential districts.

A.           Principal Uses

1.              Those uses permitted as principal uses in the M-1 Limited Manufacturing District.
2.              Auto body repair, engine repair.
3.              Automobile wrecking yard.
4.              Coating, engraving, and allied services.
5.              Essential services.
6.              Heavy manufacturing.
7.              Lumber yards.
8.              Non-flammable gases and liquids storage, not to exceed 50,000 gallons.
9.              Non-hazardous chemical manufacturing, processing, or use.

B.            Accessory Uses

1.              Garages used for storage of vehicles used in conjunction with the operation of a business.
2.              Off-street parking and loading areas.
3.              Office, storage, power supply, and other uses normally auxiliary to the principal industrial operation.
4.              Other accessory structures and uses as specified in Section 10.0803.A through  10.0803.F.

C.            Conditional Uses (Also see Section 10.0500)

1.              Airports, airstrips, and landing fields.
2.              Animal reduction facilities.
3.              Commercial butchering.
4.              Energy conservation uses.
5.              Laboratories.
6.              Landfills, disposal areas, and incinerators.
7.              Manufacturing of ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum, insecticides, lampblack, poison, pulp, pyroxlin, and radium.
8.              Processing of dairy products, and vegetables.
9.              Processing of ammonia, asbestos, asphalt, cabbage, chlorine, coal tar, creosote, explosives, fertilizer, fish, lampblack, offal, poison, pulp, pyroxlin and radioactive materials.
10.          Public passenger transportation terminals.
11.          Radio and television transmission towers.
12.          Recreational uses (See Section 10.0510).
13.          Sewage treatment plants.
14.          Storage of bulk fertilizer, explosives, gas, grease and radioactive materials.
15.          Transportation terminals.
16.          Utilities.
17.          Wireless communication facilities (See Section 10.0509).

D.           Lot Area and Width

Lots shall have a minimum area of 2.0 acres and shall be not less than 200 feet in width.  Corner lots shall provide a minimum lot width of not less than 200 feet for each side fronting on a street.

E.            Building Height

No principal building or parts of a principal building shall exceed 50 feet in height.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.

G.           Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be Submitted to Plan Commission

To encourage an industrial environment that is compatible with the rural character of the Town, Zoning/Building Permits for permitted uses in the M-2 General Manufacturing District shall not be issued without review and approval of the Town of Pound Plan Commission. Said review and approval shall be concerned with lot size, general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization.


3.0311              Q-1 Quarrying District

The Q-1 Quarrying District is intended to provide for the conduct of quarries limited to extraction of onsite materials, to provide for related operations, and for the proper restoration of the quarried areas. These regulations provide for the restoration of quarries and extractive areas in a manner that will not deteriorate the natural environment, and are intended to be utilized in existing and planned quarry and extractive use areas.

A.           Principal Uses

1.              Essential services.

B.            Accessory Uses

Accessory uses in the Q-1 District shall require a conditional use permit and shall be limited to those accessory uses listed in Subsection 10.0311.C below.

C.            Conditional Uses (Also see Section 10.0500)

1.              Aggregate, ready-mix, and asphalt plants, when accessory to active quarrying operations.
2.              Energy conservation uses.
3.              Manufacture of concrete building blocks or other similar concrete products, when accessory to quarrying operations.
4.              Peat and soil removal.
5.              Processing, crushing, refining, or washing of gravel, mineral ore, sand, or stone, when accessory to quarrying operations.
6.              Quarrying of gravel, mineral ore, sand, or stone.
7.              Radio and television transmission towers.
8.              Recreational uses (See Section 10.0510).
9.              Stockpiling of gravel, mineral ore, sand, or stone, when accessory to quarrying operations.
10.          Utilities.
11.          Wireless communication facilities (See Section 10.0509).
12.          The following uses where accessory to a conditional use:
(a)           Garages for the storage of vehicles.
(b)          Ground-mounted and building-mounted satellite dish and terrestrial antennas.
(c)           Maintenance buildings and weighing scales.
(d)          Off street parking and loading areas, provided they are properly screened, offices, storage, and power supply uses and structures.
(e)           Processing of mineral ore when accessory to quarrying operations

D.           Lot Area and Width

1.              Lots shall be a minimum of 3 acres in area.
2.              Lots shall not be less than 250 feet in width.

E.            Yards

1.              No quarrying activities, crushing or washing operation or material stockpile shall be located closer than 200 feet to any property line.
2.              No building or parking area shall be located closer than 100 feet to a road centerline or 50 feet to any other property.
3.              No quarrying activity, crushing or washing operation, material stockpile, building, or parking area shall located closer than 75 feet from the ordinary highwater mark of any navigable body of water.

F.             Building Height

No building or structure, or parts of a building or structure shall exceed 70 feet in height.

G.           Operation Plan Required

Each applicant for a conditional use in the Q-1 District shall submit an operation plan for approval by the Town Plan Commission.  The operation plan shall specify:

1.              A timetable for operation of the quarry, including the date on which the quarrying, extractive, or other operation will begin and the planned date of the completion of the operation.
2.              A phasing plan showing the location and timing of all proposed phases.
3.              Hours of operation and days of operation for the quarrying, extractive, or other operation.
4.              The means by which noise, dust, and other potential nuisances will be controlled.
5.              The means by which the applicant will control stormwater runoff and erosion to protect watersheds and groundwater aquifers.
6.              The location, height, and type of all proposed fences.
7.              All machinery and equipment to be used and/or stored during the quarrying, extractive, or other operation, and the location thereof.
8.              A transportation plan identifying the mode of transportation to be used, the size and types of vehicles to be used, the number and frequency of trips to and from the site, and the routes to be used by trucks or locomotives.
9.              The location and type of landscaping to be used to screen the quarrying operation from adjacent land uses and public rights-of-way.
10.          Other information as required by the Town Plan Commission.

H.           Restoration Requirements

In order to ensure that the area of a quarrying or related operation shall be restored to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall submit to the Town Plan Commission the approved plan for such restoration in accordance with the requirements of Chapter 20 Marinette County Non-Metallic Mining Ordinance.

3.0312              I-1 Institutional District

The I-1 Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.

A.           Principal Uses

1.              Cemeteries.
2.              Circular driveways.
3.              Essential services.
4.              Funeral homes and crematoriums.
5.              Hospitals and clinics.
6.              Libraries, community centers, museums, and public art galleries.
7.              Nursing homes.
8.              Public or private schools, colleges, and universities.
9.              Public administrative offices and public service buildings, including fire and police stations.
10.          Public utility offices.
11.          Religious institutions.
12.          Sanatoriums.

B.            Accessory Uses

1.              Accessory structures and uses as specified in Section 10.0803.A through 10.0803.F.
2.              Garages for storage of vehicles used in conjunction with the operation of a permitted use.
3.              Residential quarters for caretakers or clergy.
4.              Service buildings and facilities normally accessory to a principal use.

 

C.            Conditional Uses (Also see Section 10.0500)

1.              Conservatories.
2.              Energy conservation uses.
3.              Gymnasiums.
4.              Music hall.
5.              Outdoor skating rinks.
6.              Parks and playgrounds.
7.              Playfields or athletic fields.
8.              Public swimming pools.
9.              Tennis courts.
10.          Sewage treatment plants.
11.          Utilities.

D.           Lot Area and Width

Lots shall have a minimum area of 2.0 acres and shall be not less than 200 feet in width.  Corner lots shall provide a lot width of not less than 200 feet for each side fronting on a street.

E.            Building Height and Area

1.              No building or parts of a building shall exceed 50 feet in height.
2.              The total minimum floor area of a dwelling shall be 1,000 square feet for a one-story dwelling and 1,300 square feet for a multi-story dwelling with a minimum first floor area of 900 square feet.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.

G.           Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be Submitted to The Plan Commission

To encourage an institutional environment that is compatible with the rural character of the Town, Zoning/Building Permits for uses in the I-1 District shall not be issued without review and approval of the Town of Pound Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization.

3.0313              P-1 Park District

The P-1 Park District is intended to provide for areas where the open space and recreational needs, both public and private, of the citizens of the Town of Pound can be met without undue disturbance of natural resources and adjacent uses.

A.           Principal Uses

1.              Botanical gardens and arboretums.
2.              Essential services.
3.              Exhibition halls.
4.              Fairgrounds.
5.              Golf courses without country club facilities.
6.              Hiking, biking, and nature trails.
7.              Historic monuments or sites.
8.              Outdoor skating rinks.
9.              Parks and playgrounds.
10.          Picnicking areas.
11.          Playfields or athletic fields.
12.          Public art galleries.
13.          Sledding, skiing, or tobogganing areas.
14.          Tennis courts.

B.            Accessory Uses

1.              Accessory structures and uses as specified in Section 10.0803.A through 10.0803.F.
2.              Garages for storage of vehicles used in conjunction with the operation of a principal use.
3.              Service buildings and facilities normally accessory to a principal use.

C.            Conditional Uses (Also see Section 10.0500)

1.              Energy conservation uses.
2.              Public, parochial, and private schools.
3.              Recreational uses (See Section 10.0510)
4.              Religious institutions.
5.              Utilities.

D.           Lot Area and Width

Lots in the P-1 District shall provide sufficient area and width for the principal use and its accessory buildings, off-street parking and loading areas, and required yards.

E.            Building Height and Area

No building or parts of a building shall exceed 35 feet in height.

F.             Yards

1.              A minimum street yard (building setback) of 100 feet from the road centerline or 50 feet from the right-of-way line (whichever is greater) of Class A Roads and 75 feet from the centerline or 42 feet from the right-of-way line (whichever is greater) of Class B Roads, shall be required for all platted and unplatted lots.
2.              There shall be a side yard on each side of all principal and accessory structures.  The minimum single side yard shall be 20 feet.
3.              There shall be a rear yard of not less than 10 feet.

G.           Plans and Specifications Pursuant to Section 10.1000 of the Ordinance to be submitted to the Plan Commission

To encourage an environment that is compatible with the rural character of the Town, Zoning/Building Permits for uses in the P-1 District shall not be issued without review and approval of the Town of Pound Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization.

3.0314              HCO USH 141 - Highway Corridor Overlay District

This overlay district is intended to preserve the lands within the highway corridor for the future expansion and realignment of a state highway; to provide the public with protection from the impacts of the new four-lane highway facility on existing and future land use development; to protect the aesthetic and visual character of land in the Town of Union adjacent to major and existing highway corridors; to protect property owners whose proposed uses of land may be disrupted by the construction of the highway; and, to ensure adequate, safe, and efficient access to the state highway as well as to the county and local roads that intersect with the state highway.

Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. The uses of the underlying standard zoning district shall remain in force.

A.           USH 141 Highway Corridor Use Requirement


1.              Purpose

The USH 141 Highway Corridor Overlay District is hereby established as a district which overlaps and overlays existing base zoning districts, the extent and boundaries of which are as indicated on the official zoning map for the Town of Union. Overlay district provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. The uses of the underlying standard zoning district shall remain in force.

2.              Overlay Area Defined

The USH 141 Highway Corridor Overlay District encompasses all lands within 1,000-feet of either side of the proposed future USH 141 right-of-way. Persons with property divided by the defined limits of the USH 141 Highway Corridor Overlay District are required to comply with the District's standards only for that segment of the property within the USH 141 Highway Corridor Overlay District.

3.              Principal  Uses
(a)           The overlay district provisions apply to any base district set forth in this Ordinance that exists within the defined overlay district. In the instance of conflicting requirements, the more restrictive of the conflicting requirements shall apply.
(b)          There shall be no alteration of the existing condition of lands, uses, or structures within the USH 141 Highway Corridor Overlay District from the date of enactment of this Ordinance henceforth, except as provided for by this Section or by other sections of this Ordinance.
(c)           These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning district as contained in this Ordinance.
(d)          Uses prohibited in the underlying zoning district are also prohibited in the USH 141 Highway Corridor Overlay District.
(e)           All uses proposed in the USH 141 Highway Corridor Overlay District shall be subject to site plan review procedures in the appropriate section of this Ordinance. The Site Plan Review function shall be undertaken by the Plan Commission.

B.            Standards

Unless otherwise noted in this Section, the standards of the underlying base zoning district shall apply.

1.              Building Architecture

The following regulations apply to all development, except for agricultural uses and single family residential development of less than four lots or residences.

(a)           The Plan Commission prior to the issuance of a Zoning/Building Permit must approve all building locations and design.
(b)          Structures within the corridor shall be designed with an "architectural character" that blends with the overall visual character of the rural context of its setting. This character can be stylized but shall at a minimum have the following elements:
(c)           Buildings shall have a minimum 2:1 roof slope when the building’s ground coverage is less than 10,000 sq. ft.
(d)          Buildings greater that 10,000 sq. ft. shall have architecturally detailed elements strategically integrated into the building's facades to add detail and break the visual impact of large wall areas.
(e)           Building materials shall be compatible with the visual context and use customary in the Town of Pound, Marinette County.
(f)            Building colors which sharply contrast with the natural colors of the landscape context shall be prohibited. Commentary: Suggested building colors are natural "earth tones", white, or subdued hues of blue, green or yellow.
(g)          One dominant material should be selected with its own natural integrity. Materials shall convey permanence, substance, timelessness, and restraint, with low maintenance.
(h)          Any exterior building wall (front, side or rear) facing a road or USH 141 shall be constructed of one of the following materials:

(1)               Clay or masonry brick

(2)               Customized concrete masonry with striated, scored or broken faced brick type units (sealed) with color consistent with design theme.

(3)               Poured in place, tilt-up or pre-cast concrete. Poured in place and tilt-up walls shall have a finish of stone, a texture or a coating.

(4)               Steel frame structures with architectural flat metal panels or glass curtain walls.

(5)               Natural stone

(6)               Alternative materials approved by the Plan Commission

2.              Landscaping Plan and Landscape Development

The following regulations apply to all devolvement, except for agricultural uses and single family residential development of less than four lots or residences. All proposed development within the USH 141 Highway Corridor Overlay District shall require a landscape development plan that is approved by the Plan Commission asa condition of any permits under this ordinance. The recommended landscape guidelines may include:

(1)               The landscaping should be consistent and blend with the adjoining landscape (i.e. meadow, prairie, windbreak, upland woods (woodlot), hedgerow, lowland woods, wetland, etc.).

(2)               Building sites should maintain a minimum of 25% of the lot area in open space that will be landscaped subject to the provisions of this Ordinance. Landscape development should reflect the native or agricultural character of the adjoining countryside.

(3)               A minimum 25 foot wide area adjacent to the public road right-of-way along the entire lot width should be used for screening and landscaping.

(4)               Complete vegetative clearing should be allowed only in the areas required for access driveways.  For driveways serving as both entrance and exit, a strip a maximum of 40 feet may be cleared.  When separate entrance and exit driveways are used, a maximum of 20 feet may be cleared for each driveway.

(5)               Existing shrubs and trees with a caliper (Diameter Breast High) of 2 ½ inches or greater shall be retained.

C.            On-Site Utilities

All on-site utilities, including but not limited to electrical, telephone, and cable, shall be installed as underground facilities. This shall apply to utilities running from the utility easement or road right-of-way to structures and to utilities supplying service between structures. 

D.           Lighting

All outdoor lighting shall be subject to the appropriate section of this Ordinance.

E.            Drainage

Storm water drainage should be directed into natural drainage channels, rain gardens, and detention / retention ponds.  Pond edges, drainage channels and rain gardens shall be protected from erosion by natural aquatic vegetation whenever possible. When storm water volumes and/or velocities indicate more substantial measures than planting are required to control erosion, limestone rip‑rap may be used.

F.             Access

1.              No direct driveways access shall be permitted to USH 141 other than WisDOT approved access for county and local road intersections, agricultural operations and field access.
2.              Driveway access to lands adjoining county highways intersecting with USH 141 shall maintain a minimum separation distance of 1,000-feet from the nearest USH 141 highway right-of-way line. Driveway access to lands adjoining all other roads intersecting with USH 141 shall maintain a minimum separation distance of 500’ from the nearest USH 141 highway right-of-way line.
3.              All permitted driveway access to USH 141 and county and town roads intersecting with USH 141 shall be subject to and in accordance with the appropriate section of this Ordinance.

G.           Parking

1.              Off street parking and loading areas shall be subject to and in accordance with Section 10.0600 and all other appropriate sections of this Ordinance.
2.              Natural drainage systems for parking lots are encouraged. If drainage detention is required it shall be in a naturally configured pond, recreated wetland area or dry detention area.

H.           Loading and Unloading

1.              Loading and unloading requirements shall be subject to the appropriate sections of this Ordinance.
2.              Service areas, loading docks, truck parking, outside storage and dumpster areas shall be screened from all viewing highways located within the District and any adjacent residential developments. Screening shall be accomplished with a minimum 8' high opaque screen. This screening may be accomplished by:
3.              Freestanding or attached wing walls or fences constructed of materials complimentary or the same as the primary construction materials found in the principal buildings.
4.              Earth berms and/or landscaping dense enough to create a year‑round opaque screen. Plant material used for screening these service areas may be considered part of the general Site Landscaping & Open Space landscape requirement.

I.              Outdoor Display and Storage

No outdoor storage shall be allowed between the business location's principal or accessory building and all viewing highways. This restriction shall not apply to "farmer's markets" and other agricultural uses (i.e. livestock, crops, farm implements currently in use for agricultural production)

J.              Signs

1.              On-premise business identification signs (building mounted & free standing) shall be subject to Section 10.0700 and all other appropriate sections of this Ordinance.
2.              Off-premise signs shall be subject to Section 10.0700 and all other appropriate sections of this Ordinance.
3.              Standard WisDOT tourist information signs and business logo sign groupings (Specific Information Signs) as currently used along the State highway system shall be allowed within the right of way. Route designation signs such as the Lake Michigan Circle Tour, Rustic Road and Ethnic Trail signs shall also be allowed within the right of way.

K.           Lot requirements

Lot size shall be subject to and in accordance with the appropriate section of this Ordinance.

L.            Setbacks from roads

Building setbacks shall be subject to and in accordance with the appropriate sections of this Ordinance.


 

3.0400                     Particular use Requirements

3.0401              Purpose

The purpose of these requirements is to minimize potential negative impacts from certain uses and to promote compatibility between particular uses and surrounding uses. 

3.0402              Applicability

In addition to complying with other regulations established in this Ordinance, these requirements must be met for each specific use.  These requirements shall override any requirements which are described elsewhere in this ordinance for the Zoning Districts, but only to the extent that they conflict with such requirements.

3.0403              Mobile Homes

This Section of the Zoning Ordinance provides for the location and provisions thereof in the placement of Mobile Homes in the Town of Pound.

A.           Definition

"MOBILE HOME" means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid un-collapsible construction, which has an overall length in excess of 45 feet. Mobile home includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

B.            Mobile Homes, as defined above, may be permitted provided that:

1.              A mobile home shall be equipped with a lavatory, bathtub (or shower), and a water closet.
2.              Minimum Height- The above shall not be greater than 80 percent of the average width.
3.              All mobile homes shall comply with the minimum regulations set forth in all Districts and any legally existing mobile home shall be treated as single family, prefabricated housing.
4.              After placement, a mobile home shall be skirted, and the tongue shall be covered or removed as to take on the appearance of a conventional home.
5.              Mobile homes shall be placed on firm foundations.
6.              When mobile homes are not connected to a public water supply or public sewage system, they shall conform to the requirements of a single family residence for the respective District or shore land, whichever applies.

C.            All mobile homes shall comply with regulations set forth in the Zoning District that they are located, Town of Pound Zoning Ordinance.

D.           All mobile homes shall comply with the Marinette County Sanitary Ordinance Sections.

E.            Any mobile home moved to or relocated in the Town of Pound after the effective date of this Ordinance are permitted only in manufactured/mobile home parks pursuant  to 10.0506. H. 1 through 17.

1.              Mobile homes must be skirted within thirty (30) days and comply as follows:
(a)           Skirting of the lower area below the floor level shall be required on all mobile home units in manufactured/mobile home parks and those presently parked within the Town of Pound.
(b)          The type of skirting shall be of such material and color that it will blend with the original color, material, fabric and/or design of the original mobile home itself, except:
(c)           A permanent foundation, wall or basement may be erected to support  any mobile home unit in lieu of the above requirements for skirting.

3.0404              [MWH1] Manufactured Home

A.           Definition

"Manufactured Home" means a structure certified and labeled as a manufactured home under 42 U.S.C. 5401 through 5425, which, when placed on a site:

1.              Is set on an enclosed foundation in accordance with Sec. 70.043 (1), Stats., and sub-chapters III, IV and V of ch. ILHR 21, Wis. Admin. Code, or is set on a comparable enclosed foundation system approved by the Zoning Administrator. The Zoning Administrator may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.
2.              Is installed in accordance with the manufacturer's instructions.
3.              Is properly connected to utilities.

B.            All manufactured homes shall comply with regulations set forth in the District that they are located.  Manufactured homes are permitted in the same Districts as single family and two family dwellings.

C.            Parking of manufactured homes outside of a mobile home park for occupancy.

1.              No person shall park a manufactured home outside of a mobile home park for occupancy or change its location within the Town without first obtaining a zoning/building permit from the Town.  Such permit may be obtained by application from the Zoning Administrator.
2.              All manufactured homes moved into the Town of Pound after the adoption of this ordinance shall abide by the following requirements:
(a)           The manufactured date of all manufactured shall be as of June 1976 or newer and must meet HUD requirements.  All previously occupied manufactured homes must be inspected by a State Certified Home Inspector using Town of Pound supplied forms or forms approved by the Zoning Administrator.  The Town Zoning Administrator can approve and issue a permit if all elements on the inspection report were satisfactory.  If a problem was found and corrected within six (6) months, and a second inspection verified the correction, a permit shall be issued by the Zoning Administrator.
(b)          No construction of any additions, windbreaks, carports, permanent  garages, utility sheds or any other improvement to a mobile home shall be commenced without first obtaining a zoning/building permit as provided for in the Town of Pound ordinance.
(c)           No converted vehicles such as but not limited to vans, semi-trailers or school buses are to be considered manufactured home units within the scope of this ordinance.  The parking of such vehicles within the Town of Pound  is strictly prohibited.  Likewise, no manufactured home is to be utilized as a storage shed and permits will not be issued for such use.
(d)          A sanitary permit or privy permit from Marinette County shall be required before being granted a zoning/building permit for the placement of a manufactured home in the Town of Pound.
(e)           All existing manufactured homes which do not conform to the standards set forth above at the time of adoption of this ordinance shall not be affected by said conditions except:

(1)               That said non-conforming manufactured home upon removal from the property it was located on at the time of adoption of this ordinance may not be moved to another location within the Town of Pound.

(2)               Except as a Conditional Use in the A1 – Agricultural/Rural Residential District (Section 10.0303 C (17)) only one manufactured home unit shall be permitted on a recorded tract of land in the Town of Pound.  Any owner of a single recorded tract of land on which there are two or more manufactured home units shall be deemed to be operating a mobile home park and shall comply with all of the requirements of the Town of Pound mobile homes and manufactured/mobile home parks requirements.

(3)               Individual manufactured home units set up on a parcel of land in the Town of Pound are required to be installed in accordance to applicable state statutes and regulations, Department of Commerce Chapter 27 guidelines, and the Town of Pound zoning ordinance.

(4)               Mobile home dealers and people who are not dealers must be registered with the Town of Pound before transporting any manufactured homes into the Town and must notify the Town Zoning Administrator of any manufactured  homes intended to be moved into the Town if no zoning/building permit has been presented prior to the date of delivery.

(5)               Mobile home dealers or others who violate this ordinance by moving either conforming or non-conforming manufactured homes into the town without prior notice and authorization shall, on the first violation be fined as specified in subsection 10.0118 and after two violations will no longer be allowed to transport mobile homes into the Town.

D.           Parking of recreational vehicles outside of a mobile home park:

1.              Within the scope of this ordinance, a recreational vehicle means a vehicle having an overall length of thirty-five (35) feet or less and a body width of eight (8) feet or less primarily designed as temporary living quarters for recreational, camping or travel use, which has it’s own mode of power or is mounted or drawn by another vehicle.  The basic terms for such vehicles are:  travel trailer, camping trailer, truck camper and motor home.
2.               For the purpose of this ordinance, a recreational vehicle shall be considered to be a temporary structure.
3.              The wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall any such recreational vehicle be otherwise fixed to the ground in any manner that would prevent ready removal.
4.              Recreational vehicles may not be permanently attached to a private sewage system.
5.              Recreational vehicles must be licensed, yearly, for road travel.
6.              Penalty for violation of this ordinance shall be fifty ($50.00) dollars and each day of violation may be considered a separate offense.

 

3.0405              Airport Regulations

Except for field crops and fences under five feet high, the maximum height of any object located within 500 feet of either side of the centerline of a landing strip, and extended to a distance of two miles from the end of the runway shall be no higher than 1/100 of the distance of the object to the landing strip

3.0406              Adult Entertainment Facilities

A.           No Adult Entertainment Facilities shall be located:

1.              Within a Residential Zoning District
2.              Within 1,320 feet of an existing Adult Entertainment Facilities.
3.              Within 1,320 feet of any residential area.
4.              Within 1,320 feet of any pre-existing school, church, or day care center.
5.              Within 1,320 feet of any pre-existing establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.
6.              Within 1,320 feet of a public park
7.              Within 1,320 feet of a property or Historic District listed in the State Register of Historic Places or in the National Register of Historic Places.

B.            For purposes of this Section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult-oriented establishment, to the nearest property line of the above listed uses.

C.            No portable signs, window displays, or temporary signs shall be permitted on the premises.

3.0407              Agricultural Uses Requirements  

A.           Any agricultural use involving animals shall provide sufficient shelter and open space to meet or exceed any standards set by the United States Department of Agriculture and/or the Wisconsin Department of Natural Resources.

B.            Barnyards, feed lots, and farm structures housing animals shall be located at least 100 feet from navigable water and shall be located so that manure will not drain into navigable water.

C.            Barnyards, feed lots, and farm structures housing animals, shall be located at least 500 feet or a distance to be determined by the Plan Commission from any dwelling unit other than that of the animal keeper's dwelling unit.


10.408                          Artificial Ponds and Lakes

 

A.            Definitions.  The following words, terms, and phrases, when used in this section, shall have meanings ascribed to them in this subsection, except where the context indicates a different meaning.

 

High-water mark means the line of the shore which is the anticipated water level.

 

Artificial ponds means any pond or lake created by an artificial occurrence such as by excavating or mounding of earth, stone, sand, gravel, and/or topsoil from a property.

 

B.            Permit required

 

1. Artificial ponds 100- square feet or less in surface area: no building permit required. No regulations required.

 

2. Artificial ponds 101 square feet in surface area and up to one acre: a building permit, site plan, and constructions specifications required.

 

3. Artificial ponds larger than one acre in surface area: a conditional use permit, site plan, and construction specifications required.

 

 

C.            Approvals and submittals

 

1.              The application for the permit required for all excavations or  mounding which will result in an artificial pond shall be made to the Town of Pound Zoning Administrator or designated town representative on the proper forms provided by the Town.

 

2.              A site plan including a parcel map is required. This map must show     the location of the pond, setbacks, buildings, drainage ways, and any other relevant information.

 

 

3.              A scaled section view of the pond showing slopes, depths, and high and low water levels is required.

 

D.           Artificial pond standards

 

 

1. Number: One artificial pond is permitted per parcel,

2.         Size:    An artificial pond is not to exceed in size 20 per cent of the parcel l and area excluding road/highway/railroad rights-of-way after excluding the minimum size of two acres.

 

 

3.                                Side and rear setbacks:  The beginning slope of any such artificial pond shall be no closer than 20 feet to any side property line  o 10 feet from the rear property line.

 

4.                                Road setbacks:  The beginning slope of any such artificial pond shall be no closer than 100 feet from the center line or  50 feet from the right-opf-way (whichever is greater) from state, federal, or county highways or 50 feet from the centerline or 42 feet from the right-of-way (whichever is greater) from town roads.

 

5.                                Septic systems setbacks:  No artificial pond shall be constructed within 50 feet of an existing or proposed soil absorption, on-site sanitary waste disposal system, or within 25 feet of an existing or proposed holding tank sanitary waste disposal system measured from the edge of the slope.

 

6.                                Slopes:  To allow for a safe exit from an artificial pond, a slope no steeper than three to one shall be created. The said slope shall be maintained around the entire perimeter of the pond and extend vertically six feet below the high water mark before any steeper slope may occur.

 

7.                                Protective fencing may be required if the pond is in an area where it constitutes a safety hazard to people.

 

8.                                Perimeter ground cover:  Upon completion of an artificial pond, vegetation or other cover shall be established down to the high-water mark.

 

9.                                Enlargement of artificial ponds:  Normal repairs and maintenance of existing artificial ponds is permitted. Enlargement, however, of any of the pond’s original dimensions of the surface water shall require a conditional use permit or a pond construction building permit as prescribed by subsection B of this section.

 

E.            Enforcement

 

1.              It shall be the duty of the zoning administrator to enforce the provisions of this section. Thje zoning admionistrator shall promptly report all such violations to the town board. The town board shall bring actions to enjoin the digging of said pond.

 

 

 

 

3.0500                     CONDITIONAL USES

3.0501              Permits

The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this Ordinance and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the  Town.

3.0502              Application

Applications for conditional use permits shall be made in duplicate to the Town Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where pertinent and necessary for proper review by the Plan Commission:

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

B.            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.

C.            Plat of Survey prepared by a registered land surveyor or a location sketch drawn to scale showing all the information required under Section 10.0203 for a Zoning/Building Permit and, in addition, the following: mean and ordinary high water marks on or within 40 feet of the subject premises, and existing and proposed landscaping.

D.           Additional Information as may be required by the Town Plan Commission or the Town Zoning Administrator.

3.0503              Review and Approval

The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.  In addition:

A.           Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this Ordinance.

B.            Compliance with all other provisions of this Ordinance, such as lot width and area, yards, height, parking, loading, traffic and highway access shall be required of all conditional uses.  Variances shall only be granted as provided in Section 10.1305 of this Ordinance.

C.            Public Hearing. The Town Plan Commission shall hold a public hearing on each application giving public notice as specified in Section 10.1501 of the Ordinance. The Plan Commission may subsequently issue the conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.

D.           Amendments to Conditional Use Permit. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit.  Enlargement of a conditional use shall be considered as an amendment. The process for amending a conditional use permit shall generally follow the procedures for granting a conditional use permit as set forth in Section 10.0501.

E.            Revocation of a Conditional Use Permit.  Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the Plan Commission, or should the use, or characteristics of the use be changed without prior approval by the Plan Commission the Conditional Use Permit may be revoked. The process for revoking a permit shall generally follow the procedures for granting a conditional use permit as set forth in Section 10.0501.

3.0504              Public, Semipublic, and Institutional Uses

The following public and semipublic uses shall be conditional uses and may be permitted as specified.

A.           Airports, Airstrips, and Landing Fields, including private landing fields, provided the site is not less than 20 acres in area.

B.            Utilities in all districts provided all principal structures and uses are not less than 50 feet from any residential district lot line.

C.            Public, Parochial, and Private elementary and secondary schools in any district provided the lot area is not less than 2 acres and all principal structures and uses are not less than 50 feet from any lot line.

D.           Religious Institutions in any district provided the lot area is not less than 2 acres and all principal structures and uses are not less than 50 feet away from any lot line.

3.0505              Agricultural Uses

The following agricultural and agricultural related uses shall be conditional uses and may be permitted as specified:

A.           Agricultural Warehousing.

B.            Animal Hospitals and veterinary services provided that no structure or animal enclosure shall be located closer than 100 feet to a property boundary.

C.            Boarding Stables provided that confined housing of horses shall be located not closer than 100 feet to a residential district boundary or a navigable body of water.

D.           Commercial Boat and Commercial Recreational Storage provided that the storage is in a completely enclosed structure.

E.            Commercial Butchering of livestock; the commercial production of eggs; and the hatching, raising, fattening, or butchering of fowl.

F.             Commercial Kennels provided that no structure or animal enclosure shall be located closer than 100 feet to a property boundary.

G.           Commercial Raising, propagation, or boarding of animals, such as deer, elk, dogs, cats, mink, rabbits. 

H.           Housing for Farm Laborers, and for seasonal and migratory farm workers.

I.              Large animal feeding operations as defined by Chapter NR 243 of the Wisconsin Administrative Code. 

3.0506              Residential Uses

The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

A.           Accessory Structures listed in 10.0803 (B) may be located in any Agricultural or Residential District provided the accessory structure complies with the minimum street yard (setback) required for a principal structure. The Plan Commission may require a greater setback or may require the accessory use be screened.

B.            Bed and Breakfast Establishments in the A-1 and the R-1 Districts provided that no more than 4 bedrooms are rented; that dwellings being considered for conversion to bed and breakfast establishments shall exhibit unique architectural or historic characteristics; that adequate off-street parking is provided; and that any permit required by Section HFS 197.04 of the Wisconsin Administrative Code has been secured.  One exterior advertising sign, not exceeding 24 square feet in area, may be erected on the premises.

C.            Circular Driveways on residential lots fronting on land access streets. The two ingress/egress points shall be separated by a minimum distance of 30 feet, and the edge of the driveway at the point where it intersects with the street shall be located no closer than 15 feet from an adjoining property line.  Teardrop-shaped driveways with one ingress/egress point do not require a conditional use permit. Circular driveways shall be prohibited on residential lots fronting on arterial streets and highways and collector streets.

D.           Community Living Arrangements and Community-Based Residential Facilities (CBRF) which have a capacity for 9 or more persons in the R-1 and R-2 Districts.

E.            Community Living Arrangements and Community-Based Residential Facilities (CBRF) which have a capacity for 16 or more persons in the R-3 District.

F.             Home Industries in the A-1 District or any residential district. A home industry is similar to a home occupation and shall generally be limited by the standards for home occupations set forth in Section 10.0803.G.  The Plan Commission may, however, permit the conduct of a home industry in an accessory building.  The Plan Commission may further permit the assembly and manufacturing of small-scale piecework or the use of non-household appliances and tools when it is deemed not to be disruptive to the neighborhood.

G.           Housing for the Elderly and Community-Based Residential Facilities (CBRF) in the R-3 Multi-Family Residential District, the I-1 District, and the B-1 and B-2 Districts provided that the density of such housing shall not exceed 6 units per net acre; and provided that there shall be a minimum living area of 500 square feet for a one-bedroom dwelling unit and a minimum living area of 750 square feet for a two-bedroom or larger dwelling unit.

H.           Manufactured/Mobile Home Parks in the R-3 District provided that:

1.              Minimum park size shall be 10 acres.
2.              Minimum park width shall be 330 feet.
3.              Maximum density of mobile home sites shall be 6 per acre.
4.              Minimum open space provided shall be 20 percent of the development area, exclusive of streets.
5.              Minimum lot area for each single-wide mobile home shall be 5,000 square feet. The mobile home lot shall be a minimum of 50 feet in width.
6.              Minimum lot area for a double-wide mobile home shall be 6,000 square feet. The mobile home lot shall be a minimum of 60 feet in width.
7.              Minimum setback for a mobile home park shall be 83 feet from the center line of a public street or roadway.
8.              Minimum distance between mobile home units and all other exterior park lot lines shall be 50 feet.
9.              Minimum distance between mobile home and service road shall be 20 feet.
10.          Minimum distance between mobile homes shall be 20 feet.
11.          All drives, parking areas, and walkways shall be surfaced with dust-free material.  There shall be 2 parking spaces for each mobile home.
12.          Laundries, washrooms, recreation rooms, maintenance equipment storage, and an office may be permitted by the Town Board as accessory uses.
13.          Each mobile home park shall be completely enclosed, except for permitted entrances and exits, by either:
(a)           A temporary planting of fast-growing material, capable of reaching a height of 10 feet or more.
(b)          A permanent evergreen planting, the individual trees to be of such a number and so arranged that within 10 years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than 10 feet.
14.          All mobile homes shall meet the construction standards of the Mobile Homes Manufacturing Association.
15.          All mobile homes shall be skirted to conceal the chassis.
16.          All accessory structures must meet the requirements of Section 10.0803 of this ordinance.
17.          No mobile home site shall be rented for a period of less than 30 days.

I.              Nursing Homes, Clinics and Commercial Children's Day Care Centers in any business or residential district provided that all principal structures and uses are not less than 50 feet from any lot line.

3.0507              Business Uses

The following business uses shall be conditional uses and may be permitted as specified:

A.           Adult-Oriented Uses

The Town Board finds that Adult-Oriented Uses require special zoning restrictions in order to protect and preserve the health, safety, and welfare of the Town.  In recognition of the protection afforded to the citizens under the 1st and 14th Amendments, it is not the intent of this subsection to inhibit freedom of speech or the press, but rather to restrict the location of defined materials and activities consistent with the Town’s interest in the present and future character of its community development.  Accordingly, adult-oriented uses are permitted in the B-2 Highway Commercial District, subject to the following:

1.              No adult-oriented establishment or use shall be located within 1,320 feet of any public, parochial, or private school, religious institution, funeral parlor or crematorium, day care center, residence, public park, other adult-oriented establishment or use, or an establishment holding an alcoholic beverage license.  The above-noted distance shall be measured in a straight line without regard to intervening structures or objects, from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult-oriented establishment or use to the nearest point of the parcel of property or land use district boundary from which the proposed land use is to be separated.
2.              Advertisements, displays, pictures, or other promotional materials which are sexual in nature shall not be shown or exhibited on the premises in a manner which makes them visible from pedestrian ways or other public areas.  All points of access into such establishments shall be located, constructed, covered, or screened in a manner that will prevent a view into the interior from any public area.
3.              All adult-oriented establishments and uses shall comply with all regulations and requirements of this Zoning Ordinance and must comply with all provisions of the zoning district in which the establishment is located.  Said establishment and use shall also comply with all other applicable provisions of the Town of Pound Code of Ordinances.

B.            Drive-In Establishments serving food or beverages for consumption outside the structure in the B-1, or B-2 Districts.

C.            Funeral Homes and crematoriums in the B-1, or B-2 Districts provided all principal structures and uses are not less than 50 feet from any lot line.

3.0508              Manufacturing Uses

The following manufacturing uses shall be conditional uses and may be permitted as specified:

A.           Commercial Animal Reduction Facilities, forges, foundries, slaughterhouses, stockyards, and tanneries in the M-2 District.

B.            Landfills, Disposal Areas, Incinerators, salvage yards and sewage disposal and treatment plants in the M-2 District.

C.            Lumber Yards and building supply yards in the M-1 and M-2 Districts.

D.           Manufacturing of Ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives, fertilizer, glue, gypsum, insecticide, lampblack, poison, pulp, pyroxylin, radium, or similar substances in the M-2 District.

E.            Processing of Ammonia, asbestos, asphalt, cabbage, chlorine, coal tar, creosote, explosives, fertilizer, fish, glue, grease, gypsum, insecticides, lampblack, offal, poison, pulp, pyroxylin, radioactive materials, or similar substances in the M-2 District.

F.             Radio and Television Transmission Towers in any Agricultural, Business, or Manufacturing District.

G.           Storage of Bulk Fertilizer, explosives, gasoline up to 50,000 gallons, grease, and radioactive materials in the M-2 District.  Storage of gasoline in excess of 50,000 gallons is prohibited.

H.           Transportation Terminals, and truck terminals and freight forwarding services in the M-1 and M-2 Districts.

3.0509              Wireless Communication Facilities

The intent of this regulation is to provide for the establishment and/or expansion of wireless telecommunication services within the Town while protecting rural residential property and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, sitting and screening. More specifically this regulation has been developed in order to maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the community;

A.           Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the community;

B.            Encourage providers to co-locate their facilities on a single tower;

C.            Minimize the location of facilities in visually sensitive areas;

D.           Encourage creative design measures to camouflage facilities;

E.            Protect residential areas from potential adverse impacts of communication towers;

F.             Avoid potential damage to adjacent properties from tower failure through engineering and careful sitting of tower structures.

G.           Wireless communication facilities may be permitted as conditional uses in the A-1, B-1, B-2, and M-1, and M-2 Districts provided that the following information, requirements, and standards shall apply:

1.              Applications for wireless communication facilities shall include the following information:
(a)           A plat of survey, or site plan drawn to scale, showing the exact location of the facility and any associated equipment.
(b)          A description of the telecommunication service to be provided by the facility.
(c)           An indication as to whether the facility is designed to accommodate the equipment of additional carriers.
(d)          Approval from a registered professional engineer familiar with the requirements of wireless communication structures of new towers or appurtenances to be placed on buildings or to be ground mounted, and certification that the facility complies with applicable building and electrical codes and Electronic Industries Alliance and Telecommunications Industry Association standards.
(e)           A photo simulation that illustrates the appearance of the site once the facility has been constructed. Photos shall be taken from any adjoining street and from any adjacent residential zoning districts from which the facility will be visible.  Elevation drawings shall be provided for wall and roof-mounted facilities for each side of the building from which the antennas or equipment will be visible.
(f)           A description of the height, material, and color of the facility, and associated accessory equipment, as well as a description of how the accessory equipment will be landscaped, screened, and secured.
(g)          Evidence of compliance with pertinent FCC regulations and federal requirements concerning radio-frequency emissions.
(h)          A copy of the Federal Aviation Administration (FAA) and Wisconsin Department of Transportation, Division of Aeronautics application, if required, or a written statement signed by the applicant that such approval is not required.
(i)            A copy of the Wisconsin Department of Commerce (COMM) application, if required, or a written statement explaining why COMM approval is not required.
(j)            A statement from the building/property owner indicating that they consent to the placement of the wireless communication facility on the site, and that the lease does not preclude co-location.
(k)          Any other applicable information necessary to evaluate the request, as determined by the Town.
2.              Co-location of equipment by various carriers is encouraged.  No facility owner or operator shall unfairly exclude a telecommunications competitor from using the same facility or location.  Any such exclusion shall be based upon technical, structural, or other objective reasons.  If co-location is not feasible, the applicant shall provide sufficient reason and documentation of why it is not feasible.
3.              Freestanding wireless communication facilities shall be subject to the height limitations of the zoning district in which they are located.  Requests for freestanding facilities that are proposed to be constructed in excess of the maximum height allowed in the zoning district shall be considered when accompanied by a statement which justifies the need for the proposed height.
4.              Roof and wall mounted antennas, support structures, and screening devices shall not exceed the highest point of the building upon which they are mounted by more than 7 feet.  Whip type antennae may extend 15 feet from the highest point of the building.  All roof, wall, and whip antennas, and required equipment shall comply with the height requirement for the zoning district in which they are located.  Requests to exceed the maximum height allowed by the zoning district shall be considered when accompanied by a justification statement.
5.              Freestanding wireless communication facilities shall be located no closer than a distance equal to 5 times their height from any property zoned R-1, R-2, R-3, or R-4.  This distance shall be measured in a straight line from the boundary line of the residential zone to the proposed tower location.  Stealth facilities shall be exempt from this requirement. Any equipment associated with wireless communications facilities shall meet the required setbacks for the zoning district in which they are located.
6.              The minimum front, side, and rear yard setbacks for freestanding wireless communication facilities shall be a distance equal to the height of the freestanding facility.
7.              Wireless communication facilities may be attached to existing utility infrastructure (i.e., electrical transmission poles, street light standards, and telephone poles) located within a public or utility right-of-way or easement, or constructed within the right-of-way or easement, provided the following requirements are met:
(a)           The antennae do not exceed the height of the existing utility infrastructure by more than 4 feet.
(b)          The facilities visually resemble other vertical utility infrastructure along the same street or highway.
(c)           The applicant submits written authorization from the owner of the existing utilities and the right-of-way or easement with the application.
8.              Freestanding wireless communication facilities shall be lighted as required by the Federal Aviation Administration (FAA), the Wisconsin Department of Transportation Bureau of Aeronautics or other federal or state regulatory agencies.
9.              Stealth wireless communication facilities and associated equipment are preferred and encouraged in instances where a freestanding facility is necessary.
10.          Carriers shall notify the Town when they place the FCC on notice that a specific facility is being discontinued.  Antennas or support structures and equipment not in use for 6 months for wireless communication purposes shall be removed by the facility owner. The Town may require the posting of a bond or other financial guarantee adequate to ensure removal of the facility at no cost to the Town.

3.0510              Recreational Uses

The following recreational facilities and uses shall be conditional uses and may be permitted in all Districts except R-1, R-2, and R-3 Residential Districts; provided that the lot area is a minimum of 2 acres and that all structures are not less than 50 feet from a lot line:

A.           Athletic fields.

B.            Archery ranges.

C.            Skate board parks.

D.           Campgrounds.

E.            Conservatories.

F.             Driving ranges and miniature golfing.

G.           Firearm ranges.

H.           Golf courses with country club facilities.

I.              Go-kart tracks.

J.              Gymnasiums.

K.           Paint ball parks

L.            Model airplane flying areas.

M.          Music halls.

N.           Public swimming pools.

O.           Riding academies.

P.             Swimming Beaches.

Q.           Skating Rinks.

R.            Zoological And Botanical Gardens.

3.0511              Energy Conservation Uses

The Following Energy Conservation Uses Are Conditional Uses And May Be Permitted As Specified:

A.           Wind Energy Conversion Systems, Commonly Referred To As “Windmills,” Which Are Intended To Produce Electrical Power, May Be Permitted In Any District Provided That The Following Information, Requirements, And Standards Shall Apply:

1.              Application:  Applications For The Erection Of A Wind Energy Conversion System Shall Be Accompanied By A Plat Of Survey For The Property To Be Served Showing The Location Of The Generating Facility And The Means By Which The Facility Will Provide Power To Structures, Or Connect To A Utility Company Grid. The Application Shall Further Indicate The Level Of Noise To Be Generated By The System, And Provide Assurances As To The Safety Features Of The System.  Solar Easements Shall Accompany The Application.
2.              Construction:  Wind Energy Conversion Systems Shall Be Constructed And Anchored In Such A Manner To Withstand Wind Pressure Of Not Less Than 40 Pounds Per Square Foot.
3.              Noise:  The Maximum Level Of Noise Generated By A Wind Energy Conversion System Shall Not Exceed The Standards Set Forth In 10.1105, As Measured At The Lot Line.
4.              Electro-Magnetic Interference: Wind Energy Conversion System Generators And Alternators Shall Be Filtered And/Or Shielded So As To Prevent The Emission Of Radio-Frequency Energy That Would Cause Any Harmful Interference With Radio And/Or Television Broadcasting Or Reception.  In The Event That Harmful Interference Is Caused Subsequent To The Granting Of A Conditional Use Permit, The Operator Of The Wind Energy Conversion System Shall Promptly Take Steps To Eliminate The Harmful Interference In Accordance With Federal Communications Commission Regulations.
5.              Location: Wind Energy Conversion Systems Shall Comply With All Setback And Yard Requirements For The District In Which They Are Located And, In Addition, Shall Be Located Not Closer To A Property Boundary Than A Distance Equal To Their Height. Wind Energy Conversion Systems Located On A Lot In A R-1, R-2, Or R-3, Zoning District Shall Be Located In The Rear Yard.
6.              Height: Wind Energy Conversion Systems are exempt from the height requirements of this Ordinance, However, all such systems over 75-feet in height shall submit plans to the federal aviation administration (FAA) to determine whether the system is considered an object affecting navigable air space and subject to FAA restrictions. A Copy Of The FAA Application, If Required, Or A Written Statement Signed By The Applicant That Such Approval Is Not Required Shall Be Submitted With The Conditional Use application. A Copy Of Any FAA Restrictions Imposed Shall Also Be Included As A Part Of The Conditional Use Permit Application.
7.              Fence Required: All Wind Energy Conversion Systems Shall Be Surrounded By A Security Fence Not Less Than 6 Feet In Height.  A Sign Shall Be Posted On The Fence Warning Of High Voltage.
8.              Utility Company Notification: The Appropriate Electric Power Company Shall Be Notified, In Writing, Of Any Proposed Interface With That Company's Grid Prior To Installing Said Interface.  Copies Of Comments By The Appropriate Utility Company Shall Accompany And Be Part Of The Application For A Conditional Use Permit.
9.              Compliance With Electrical Code: The Electrical Portion Of The Installation Shall Comply With All Provisions Of Chapter 16  Of The Wisconsin Administrative Code.

B.            Solar Energy Conversion Systems, Commonly Referred To As “Active” Or “Passive” Solar Collection And Heating Systems And Including All Systems As Defined By Section 13.48(2)(H) Of The Wisconsin Statutes When Such Systems Are Erected As An Accessory Structure May Be Permitted In Any District.

1.              Application: Applications For The Erection Of A Solar Energy Conversion System Shall Be Accompanied By A Plat Of Survey For The property to be served showing the location of the conversion system and the means by which the energy will be provided to the structure or structures.
2.              Construction:  Solar energy conversion systems shall be constructed and installed in conformance with all applicable state and local building and zoning codes.
3.              Location and Height: Solar energy conversion systems shall meet all setback and yard requirements for the district in which they are located.  Solar energy conversion systems shall conform to all height requirements of this ordinance unless otherwise provided in the conditional use permit issued pursuant to this section.

3.0512              Temporary Uses

The following uses are conditional uses and may be permitted as specified.

A.           General Requirements. Temporary uses may be permitted in the A-1 Agricultural/Rural  Residential District, B-1 Mixed Use Commercial Business District, B-2 Highway Business District, M-1 Limited Manufacturing District or M-2 General Manufacturing District, for a period not to exceed 10 days. Special requirements may be imposed by the Plan Commission for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the road right-of-way. Temporary uses permitted under this section may erect one (1) temporary sign not to exceed 24 square feet in area on one (1) side and  48 square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within five (5) days following the temporary activity. The following temporary uses may be permitted:

B.            Flea Markets may be permitted in any business or manufacturing district for a period not to exceed 3 days. Special requirements may be imposed by the Town Board for parking, sanitary facilities, lighting, and hours of operation.  No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this Section may erect one temporary sign not to exceed 50 square feet in area on one side and 100 square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within 10 days following the temporary activity.

C.            Circuses and Animal Shows may be permitted in any business or manufacturing district for a period not to exceed 10 days. Special requirements may be imposed by the Town Board for parking, housing,  sanitary facilities, lighting, and hours of operation. The Board may limit or prohibit the display of dangerous animals such as tigers or snakes. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this Section may erect one temporary sign not to exceed 50 square feet in area on one side and 100 square feet in area on all sides.  All buildings, tents, equipment, supplies, and debris shall be removed from the site within 10 days following the temporary activity.


 

3.0600                     PARKING, LOADING, DRIVEWAYS, AND ACCESS

3.0601              Traffic Vision Clearances

A.           Intersections of Two Town Streets

No obstructions, such as structures, parking, or vegetation, shall be permitted in any district between the heights of 2.5 feet and 10 feet above the plane through the mean centerline street grade within the triangular space formed by a line joining points on the right-of-way of two intersecting Town streets at a point located 100 feet from their intersection (see Appendix B, Illustrations No. 1 and No. 2).

B.            Vision Clearance Triangles at Intersections with a State or County Trunk Highway

Vision Clearance Triangles at Intersections with a State or County Trunk Highway shall meet the vision clearance requirements of the Wisconsin Department of Transportation or Marinette County, respectively, but in no case shall they be less than those specified in Subsection A above.

C.            Street and Railway Intersections

No obstructions, such as structures, parking, or vegetation, shall be permitted in any district between the heights of 2.5 feet and 10 feet above the plane through the mean centerline street grade within the triangular space formed by a line joining points on the right-of-way of a street and a railway at a point located 100 feet from their intersection (see Appendix B, Illustrations No. 1 and No. 2). 

3.0602              Loading Requirements

On every lot on which a business, trade, or industrial use is hereafter established, adequate space with access to a public street or alley shall be provided for the loading and unloading of vehicles off the public right-of-way.  At no time shall any part of a truck or van be allowed to extend into the right-of-way of a public thoroughfare while the truck or van is being loaded or unloaded.

3.0603              Parking Requirements

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

A.           Access

Adequate Access to a public street shall be provided for each parking space, and driveways shall be at least 12 feet wide for single- and two-family dwellings, and a minimum of 24 feet at the property line for all other uses.

B.            Parking Space Dimensions

The Minimum Dimensions of each parking space shall be 9 feet by 18 feet.

C.            Parking Spaces For Use By Physically Disabled Persons

Accessible parking spaces shall be provided for all uses except residential uses as required by the Americans with Disabilities Act of 1990 and ADA Standards for Accessible Design, (28 CFR Part 36).

1.              All parking spaces provided for use by physically disabled persons shall be marked by a sign which includes the international symbol for barrier-free environments and a statement informing the public that the parking space is reserved for use by physically disabled persons. Such sign shall comply with the requirements of Sections 346.50, 346.503, and 346.505 of the Wisconsin Statutes.

D.           Location of parking spaces

The location of parking spaces is to be on the same lot as the principal use or not more than 400 feet from the principal use. No parking space or driveway, except in residential districts, shall be closer than 25 feet to a residential lot line or a street right-of-way opposite a residential district.

E.            Surface Drainage

All off-street parking areas shall be so graded and drained as to dispose of all surface water. Any parking area for more than 5 vehicles shall have the aisles and spaces clearly marked.

F.             Landscaping

All public off-street parking areas which serve 30 or more vehicles and are created or redesigned and rebuilt subsequent to the adoption of this Ordinance shall be provided with accessory landscaped areas totaling not less than 5 percent of the surface area. The minimum size of each landscaped area shall be 100 square feet. Location of landscaped areas, plant materials, protection afforded the plantings, including curbing and provision for maintenance shall be subject to approval by the Town Board. All plans for proposed parking areas shall include a topographic survey and grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs, and other natural vegetation in the parking area may be included in the calculation of required minimum landscaped area. Parking areas for 30 or more vehicles which adjoin residential districts shall be visually screened with a solid wall, fence, or evergreen planting of equivalent visual density, or other effective means, built and maintained to a minimum height of 6 feet.

G.           Curbs and  Barriers

Curbs and barriers shall be installed at least 4 feet from a property line so as to prevent parked vehicles from extending over any lot line.

H.           Guide for Parking Spaces

The following guide specifies the minimum number of parking spaces required. In the case of structures or uses not specified herein, the number of spaces specified as the general standard for the use class or the number of spaces specified for similar use shall apply.  In developments involving the establishment or addition of 2 or more uses on one lot or parcel, the cumulative number of spaces required for each use shall determine the total number of spaces required.

1.              Residential Uses
(a)           Single-family, two-family, and multiple-family dwellings: 2 spaces per dwelling unit.
(b)          Housing for the elderly: one space per dwelling unit.
2.              Retail sales and customer service uses, and places of entertainment:
(a)           General standard for the above uses: one space per 150 square feet of gross floor area of customer sales and service, plus one space per employee.
(b)          Financial institutions: one space for each 150 square feet of gross floor area of customer service, plus one space per employee for the work shift with the largest number of employees. Financial institutions with drive-in facilities shall provide sufficient space for 4 waiting vehicles at each drive-in service lane.
(c)           Funeral homes: one space for each 4 patrons at maximum capacity, or 25 spaces per chapel unit, whichever is greater.
(d)          Grocery stores or supermarkets: one space per 150 square feet of gross floor area of customer sales and service area, plus one space per employee for the work shift with the largest number of employees.
(e)           Convenience grocery stores: one space per 100 square feet of gross floor area.
(f)           Motels and hotels: one space per room or suite, plus one space per every 2 employees for the work shift with the largest number of employees, plus one space per 3 persons, based on maximum capacity, for each public meeting room and/or banquet room.
(g)          Lodges and clubs: one space per 3 persons based on the maximum capacity of the facility.
(h)          Restaurants: one space per 100 square feet of gross dining area, plus one space per employee for the work shift with the largest number of employees.
(i)            Restaurants, drive-through or fast-food: one space per 50 square feet of gross dining area, plus one space per 2 employees for the work shift with the largest number of employees.  Restaurants with drive-through facilities shall provide sufficient space for 4 waiting vehicles at each drive-through service lane.
(j)            General merchandise repair services: One space per 300 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(k)          Theaters, auditoriums and other places of public assembly: one space per 3 patrons based on the maximum capacity of the facility.
(l)            Personal services:  One space per 200 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(m)        Taverns, dance halls, night clubs and lounges: One space per 50 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(n)          Motor vehicle sales establishments: 2 customer parking spaces per salesperson, plus one space per employee for the work shift with the largest number of employees.
(o)          Motor vehicle repair, maintenance, and service stations: 3 spaces per indoor service bay plus one space per employee for the work shift with the largest number of employees.
(p)          Animal hospitals: 3 patron parking spaces per doctor, plus one space per employee for the work shift with the largest number of employees.
(q)          Plant nurseries, and lawn and garden supply stores: one space per 200 square feet of gross indoor sales and display area, plus one space per 500 square feet of gross outdoor sales and display area, plus one space per employee for the work shift with the largest number of employees.
(r)            Shopping centers (gross leasable area of at least 50,000 square feet): 5 spaces per 1,000 square feet of gross leasable area.
3.              Offices
(a)           Medical, dental and similar professional health service offices: 5 patron spaces per doctor, plus one space per employee for the work shift with the largest number of employees.
(b)          Government, professional and business offices: one space per 250 square feet of gross floor area.
4.              Commercial/Recreational uses
(a)           General standard: one space per 4 patrons based on the maximum capacity of the facility, plus one space per employee for the work shift with the largest number or employees.
(b)          Bowling alleys: 5 spaces for each lane, plus one space per employee for the work shift with the largest number of employees.
(c)           Golf courses: 36 spaces per 9 holes, plus one space per employee for the work shift with the largest number of employees.
(d)          Golf driving ranges: One space per tee, plus one space per employee for the work shift with the largest number of employees.
(e)           Miniature golf course: 1.5 spaces per hole, plus one space per employee for the work shift with the largest number of employees.
(f)           Indoor tennis, racquetball and handball courts: 3 spaces per court, plus one space per employee for the work shift with the largest number of employees.
(g)          Skating rinks, ice or roller: One space per 200 square feet of gross floor area.
5.              Industrial and related uses
(a)           Manufacturing, processing, and fabrication operations: One space per employee for the work shift with the largest number of employees.
(b)          Wholesale business: One space per employee for the work shift with the largest number of employees, plus one space per 2,500 square feet of gross floor area.
(c)           Warehousing:  One space per employee for the work shift with the largest number of employees, plus one space per 5,000 square feet of gross floor area.
(d)          Mini-warehousing: One space per 10 storage cubicles, plus one space per employee for the work shift with the largest number of employees.
(e)           Extractive and related operations: One space per employee for the work shift with the largest number of employees.
6.              Institutional and related uses
(a)           Churches: One space per 3 seats based on the maximum capacity of the facility.
(b)          Libraries:  One space per 250 square feet of gross floor area or one space per 4 seats based on maximum capacity, whichever is greater, plus one space per employee for the work shift with the greatest number of employees.
(c)           Museums:  One space per 250 square feet of gross floor area, plus one space per employee for the work shift with the greatest number of employees.
(d)          Rooming and boarding houses, fraternity and sorority houses, dormitories and rectories: One space per bed.
(e)           Convents and monasteries: One space per 3 residents, plus one space per employee for the work shift with the largest number of employees, plus one space per 5 chapel seats if the public may attend.
(f)           Nursing homes: One space per 3 patient beds, plus one space per employee for the work shift with the largest number of employees.
(g)          Hospitals: 2 spaces per 3 patient beds, plus one space per staff doctor, plus one space per employee, excluding doctors, for the work shift with the largest number of employees.
(h)          Schools

(1)               Elementary schools, middle schools, and high schools: One space for each teacher and staff member, plus one space for each 10 students 16 years of age or older.

(2)               Colleges, universities and trade schools: One space for each teacher and staff member, plus one space for each 2 students during the highest attendance period.

(3)               Children's nursery schools and day-care centers:  One space per employee for the work shift with the greatest number of employees, plus one space per 6 students at the highest class attendance period.

3.0604              Restrictions on Parking of Equipment

Parking of farm, construction, or building equipment and parking of trucks, tractors, and semi-trailers and disassembled, dismantled, junked, wrecked, inoperable or unlicensed vehicles shall be restricted as follows:

A.           Parking in Institutional, and Park Districts

No automobiles, truck tractor, semi-trailer, commercial or construction vehicle, machinery, equipment or truck with dual rear axles shall be stored on lots in Park districts.  Agricultural vehicles and machinery stored on an operating farm in any of the aforementioned districts are exempt from this restriction.

B.            Parking in Agricultural, Business, and Manufacturing Districts

Vehicles and machinery used in conjunction with a business or industry may be stored, inside or outside, on the premises provided that when stored outside, they do not block a public right-of-way or obscure clear vision on roadways.

C.            Restrictions on the Parking of Wrecked, Inoperable, etc. Vehicles

No more than two (2) disassembled, dismantled, junked, wrecked, inoperable, or unlicensed vehicles shall be stored, viewed from the road or adjoining property, or allowed to remain in the open upon private property in the Town of Pound within 10 days after receiving written notice from the Zoning Administrator to remove or enclose such vehicle unless:

1.              The vehicle is being held as a part of an automotive sales or repair business enterprise located within a district zoned for that purpose; or
2.              The vehicle is in use on the premises as a lawful, unlicensed use; or
3.              Due to individual hardship, a variance has been granted by the Zoning Board of Appeals to store such vehicle.  The Zoning Board of Appeals shall not grant such variances for a period of more than one year.
4.              The vehicles are stored to the rear of the lot and more than 50 feet from the nearest property line and cannot not be seen from any public road or adjoining property.

3.0605              Parking of Recreational Vehicles

No motorhome, travel trailer, recreational vehicle, boat, snowmobile, or other recreational type vehicle shall be stored on any property in an agricultural or residential district except as provided herein:

A.           Boats and trailers, travel trailer, or other recreational vehicles may be stored in the side or rear yard.  If more than one recreational vehicle is stored in the side or rear yard, all vehicles, with the exception of one, shall be shielded from view by an opaque screen.  The screen may consist of any combination of opaque fencing, vegetation, natural features, or structures.

B.            Any number of personal recreational vehicles may be stored within the lot within a fully enclosed structure.

C.            A conditional use permit(s) to commercially store recreational vehicles as required by Section 10.0505 D. shall be reviewed pursuant to Section 10.0500 of this Ordinance.

3.0606              Driveways

All driveways installed, altered, changed, replaced, or extended after the effective date of this Ordinance shall meet all requirements of Chapter 12: Driveway Ordinance and the following:

A.           Setback

Islands between residential driveway openings shall be provided, with a minimum of 10 feet between all driveways and 5 feet at all lot lines.

B.            Vehicular Entrances and Exits

Vehicular Entrances and Exits to drive-in theaters, banks, restaurants, motels, funeral homes, vehicular sales, service stations, or washing and repair stations or garages shall be located not less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter, or other place of public assembly on an adjacent property.

3.0607              Street and Highway Access

A.           Direct Private Access

No direct private access shall be permitted to the existing or proposed right-of-way of expressways, state trunk highways, or any controlled access arterial street without permission from the highway agency having access control jurisdiction. Access barriers, fencing, ditching, landscaping, or other topographic barriers shall be erected to prevent unauthorized vehicular ingress and egress to the above specified streets or highways.

B.            Driveways on Arterial Streets

Driveways on arterial streets shall be located a minimum of 100 feet from a street intersection unless the lot width is less than 100 feet, in which case the Zoning Administrator shall determine the driveway location.  Said setback shall be measured from the intersection of the rights-of-way of the two streets.

C.            Driveways on collector or land access streets shall be located a minimum of 100 feet from a street intersection unless the lot width is less than 100 feet, in which case the Zoning Administrator shall determine the driveway location.  Said setback shall be measured from the intersection from the rights-of-way of the two streets.

D.           Residential Driveways on Corner Lots shall be located on the least heavily traveled street.

E.            Temporary Access to the above rights-of-way may be granted by the Zoning Administrator after review and recommendation by the highway agency having jurisdiction.  Such access permit shall be temporary and revocable.

3.0700                     SIGNS

3.0701              Purpose and Intent

The intent of this Section is to provide for and regulate the location and safe construction of signs in a manner to ensure that signs are compatible with surrounding land uses, are well maintained, and express the identity of individual proprietors and the Town as a whole.

3.0702              Compliance

No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without conforming with the provisions of this Ordinance. No signs, with the exception of official signs, shall be placed within the public right of way. No signs shall be located within the vision clearance triangle of any intersection.

3.0703              Signs Permitted in all Districts Without a Permit

The following signs are permitted in all zoning districts without a permit, subject to the following regulations:

A.           Bulletin Boards for public, charitable or religious institutions not to exceed 32 square feet in area located on the premises.

B.            Community Identification and Welcome signs upon review and approval by the Plan Commission.

C.            Election Campaign Signs provided that permission shall be obtained from the property owner, renter, or lessee; and provided that such sign shall not be erected prior to the first day of the “election campaign period” as defined in Section 12.04 of the Wisconsin Statutes, and shall be removed within 4 days following the election. Election campaign signs may not be placed within the public right-of-way.

D.           Farm Identification Signs placed on premise showing the name of the owner or corporate affiliation or memberships not to exceed 32 square feet in area.

E.            Home Occupation and Professional Home Office Signs located on premise not to exceed 2 square feet in area.

F.             Memorial Signs, tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

G.           Name and Warning Signs not to exceed 2 square feet located on the premises.

H.           Official Signs, such as traffic control, parking restrictions, information, and notices.

I.              Real Estate Signs not to exceed 8 square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are temporarily located.   Two (2) real estate signs shall be allowed per parcel.

J.              Rummage Sale and Garage Sale Signs provided that no such signs shall be erected or placed within a public right-of-way and further provided that such signs are removed within 24 hours following the sale.

3.0704              Signs Permitted in all Residential Districts with a Permit

The following signs are permitted in any residential district and are subject to the following regulations:

A.           Permanent Real Estate Signs placed at the entrance to a subdivision or development shall contain only the name of the subdivision or development, shall meet all the yard requirements of the district in which it is located, and shall be placed as to not impede visibility.  The Town Board shall determine the appropriate size of the sign based on the design of the sign and its compatibility with adjacent land uses.

B.            Temporary Development Signs for the purpose of designating a new commercial or industrial building or development, or for the promotion of a subdivision may be permitted for a limited period of time provided that the sign shall not exceed 48 square feet in area and shall meet all the yard requirements of the district in which it is located.  The Town Board shall specify the period of time the sign may remain based on the size of the development allowing a reasonable time to market the development.

3.0705              Signs Permitted in the Agricultural District Without a Permit

The following signs may be permitted in the A-1 Agricultural District and are subject to the following regulations:

A.           Directional Signs indicating the name of a business or other establishment, and the direction and distance to the establishment.  No directional sign shall exceed 32  square feet in area. The number of directional signs permitted shall be determined by the Plan Commission on a case-by-case basis.

B.            Ground Signs and Wall Signs  advertising farm products produced on and/or sold on the premises shall not exceed 25 feet in height above the ground surface, shall meet all yard requirements for the district in which they are located, and shall not exceed a total of 100 square feet on one side or 200 square feet on all sides for any one premises.

3.0706              Signs Permitted in all Business and Manufacturing Districts with a Permit

Signs are permitted in all business and manufacturing districts subject to the following restrictions:

A.           Wall Signs placed against the exterior walls of buildings shall not extend more than 12 inches outside of a building's wall surface and shall not extend above the roofline of the building.  Wall signage shall be allocated at a maximum of 1.5 square foot of signage allowed for each linear foot of building length.

B.            Projecting Signs fastened to, suspended from, or supported by structures shall not exceed 20 square feet in area for any one premises; shall not extend more than 6 feet into any required yard; shall not be less than 10 feet from all side lot lines; shall not exceed a height of 20 feet above the mean centerline street grade; shall not be less than 10 feet from all side lot lines; and shall not be less than 10 feet above the sidewalk nor 15 feet above a driveway or an alley.

C.            Ground Signs shall not exceed 6 feet in height above the mean centerline street grade, shall meet all yard requirements for the district in which it is located, shall not exceed 100 square feet on one side nor 200 square feet on all sides for any one lot.

D.           Marquee, Awning, or Canopy Signs affixed flat to the surface of the marquee, awning, or canopy are permitted providing that the sign does not extend vertically or horizontally beyond the limits of said marquee, awning, or canopy.  A marquee, awning, or canopy may extend to within one foot of the vertical plane formed by the curb.  A name sign not exceeding 2 square feet in area located immediately in front of the entrance to an establishment may be suspended from a canopy provided that the name sign shall be at least 10 feet above the sidewalk.

E.            Window Signs, except for painted signs and decals, shall be placed only on the inside of commercial buildings.  Window signs shall not be subject to the limitation on number of signs.

F.             Pole Signs shall meet the height requirements for the zoning district in which they are located; shall not be less than 10 feet above a sidewalk and 15 feet above a parking lot, driveway, or other area used by motor vehicles; and shall not exceed 100 feet on one side or 200 feet on both sides.  Pole signs, except for in the B-1 District, shall be set back a minimum of 20 feet from the front or rear property boundary line; may not be placed in any right-of-way or easement; and may not be located closer than 500 feet to another pole sign.

G.           Combinations of any of the above signs, excluding window signs, shall meet all the requirements of the individual sign.  The total number of signs on any premises shall be limited as follows:

 

Floor Area

Maximum Number of Signs Permitted

0 - 5,000 sq. ft.

2

5,001 - 20,000 sq. ft.

3

20,001 - 50,000 sq. ft.

4

More than 50,000 sq. ft.

5

 


3.0707              Off-Premises Signs

Off premises signs are permitted in all districts except for R-1, R-2 and R-3 Residential Districts under the following conditions.

A.           Off-premises signs less than or equal to 64 square feet in area are permitted under the following conditions:

1.              Shall have a maximum height not to exceed 8 feet above mean centerline grade of adjacent highway.
2.              Shall not be located within 5,280 feet (1-mile) of any other off premises sign.
3.              Shall not be located in the vision clearance triangle at highway and/or railroad intersections. Vision clearance triangle shall be as required by the highway authority.
4.              Shall not be lighted.
5.              Shall be permitted by obtaining a Sign Permit before commencing construction.

B.            Off-premises signs greater than 64 square feet and less than 572 square feet are permitted under the following conditions:

1.              Shall not be located beyond 5,280 feet (1-mile) of any incorporated municipal boundary.
2.              Shall not be located within 1,500 lineal feet of any other off-premises sign.
3.              Shall have a maximum height not to exceed 35 feet in height above the mean centerline grade of the adjacent highway.
4.              Shall be lighted in a manner that does not cause glare or impair driver visibility. Signs may be illuminated but not flashing.
5.              Shall not be located in the vision clearance triangle at highway and /or railroad intersections.
6.              Vision clearance triangle shall be as required by the highway authority.
7.              Shall be engineered to withstand 40 pounds per square foot of wind load.
8.              Shall be permitted by obtaining a Sign Permit before commencing construction.

3.0708              Signs Permitted in Institutional and Park Districts with a Permit

The following signs are permitted in the Institutional and Park Districts and are subject to the following regulation:

A.           Private Institutional and Park Name Signs when approved by the Town Board.

B.            Public Institutional and Park Name Signs when approved by the Town Board after receiving a recommendation from the Town Plan Commission.

3.0709              Portable Signs

The Zoning Administrator may permit the temporary use of a portable sign for advertising purposes in any district provided that the portable sign will not be located in any public right-of-way, will not be located closer than 10 feet to an adjacent property, and will not cause a hazard to traffic or adjoining properties.  Portable sign permits shall not be granted for a period of more than 60 days in any 365-day period.  The permit required in Section 10.0716 shall be required for portable signs.

3.0710              Facing

No sign except those permitted in Sections 10.0703 and 10.0704 shall be permitted to face a residence within 100 feet of such residence.

3.0711              Lighting and Color

Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices.   Signs shall not be placed so as to obstruct or interfere with traffic visibility, nor be lighted in such a way as to cause glare or impair driver visibility.  Signs may be illuminated but non-flashing.  Signs shall not be revolving or animated, however, copy on time and temperature devices may be cyclical.  Signs in residential districts may be illuminated only with Town Board approval.

3.0712              Construction and Maintenance Standards

A.           Wind Pressure and Dead Load Requirements.  All signs and other advertising structures shall be designed and constructed to withstand wind pressure of not less than 40 pounds per square foot of area; and shall be constructed to receive dead loads as required in the Town Building Code or other ordinance.

B.            Protection of the Public.  The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration or maintenance of a sign is permitted provided the space occupied is roped off, fenced off, or otherwise isolated.

C.            Maintenance.  The owner of any sign shall keep it in good maintenance and repair which includes restoring, repainting, or replacement of a worn or damaged legally existing sign to its original condition; and shall maintain the premises on which the sign is erected in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds, and grass.

D.           Supporting Members or Braces of all signs shall be constructed of galvanized iron, properly treated wood, steel, copper, brass, or other non-corrosive incombustible material.  Every means or device used for attaching any sign shall extend through the walls of the building should the Zoning Administrator determine that the safe and permanent support of such sign so requires and shall be securely anchored by wall plates and nuts to the inside of the walls in accordance with instructions given by the Zoning Administrator.  Small flat signs containing less than 10 square feet of area may be attached to a building by the use of lag bolts or other means to the satisfaction of the Zoning Administrator.

E.            No Signs or any part thereof or sign anchors, braces, or guide rods shall be attached, fastened, or anchored to any fire escape, fire ladder, or standpipe and no such sign or any part of any such sign or any anchor, brace, or guide rod shall be erected, put up, or maintained so as to hinder or prevent ingress or egress through such door, doorway, or window or so as to hinder or prevent the raising or placing of ladders against such building by the Fire Department of the Town, as necessity therefore may require.

3.0713              Nonconforming Signs

Signs lawfully existing at the time of the adoption or amendment of this Ordinance may be continued although the size or location does not conform to this Ordinance and shall be subject to the nonconforming use provisions of Sections 10.0901 and 10.0902 of this Ordinance.

3.0714              Prohibited Signs

The following signs shall be prohibited within the Town of Pound:

A.           Off-premises signs greater than 572 square feet are prohibited.

B.            Roof signs.

C.            Flashing or Animated Signs or signs with intermittent intensity of illumination, except for a sign indicating the time, date, and temperature. 

D.           Signs Which Obstruct any door, fire escape, stairway, or any opening intended to provide ingress and egress to or from any building or structure.

E.            Any Sign Which May Obstruct or impair the view in any direction at the intersection of two streets through its placement or illumination.

F.             Signs Which Advertise Activities that are illegal under Federal or State laws or regulations, or County or Town ordinances or resolutions.

3.0715              Measuring Signs

In calculating the area of a sign to determine whether it meets the requirement of this Ordinance, the Zoning Administrator shall include the sign copy and any border or frame surrounding that copy. Supporting members of a sign shall be excluded from the area calculation.  Area of irregularly shaped signs or signs containing two or more detached elements shall be determined by the area of the smallest regular polygon that will encompass all elements of the sign.  For signs located on slopes, height shall be measured from the average finished grade.

 

3.0716              Flags

Flags shall be allowed as follows:

A.           National, State, County and Town Flags shall not be subject to regulation.

B.            Businesses will be allowed one flag, not to exceed 15 square feet, identifying the business with text or a logo.

 

3.0717              Sign Permit

Applications for a Sign Permit shall be made on forms provided by the Zoning Administrator or Town Clerk and shall contain or have attached thereto the following information:

A.           Name, Address, and telephone number of the applicant.  Location of building, structure, or lot to which or upon which the sign is to be attached or erected.

B.            Name of Person, firm, corporation, or association erecting the sign.

C.            Written Consent of the owner or lessee of the building, structure, or land to which or upon which the sign is to be affixed.

D.           A Scale Drawing of such sign indicating the dimensions, the materials to be used, the type of illumination, if any, and the method of construction and attachment.

E.            A Scale Drawing indicating the location and position of such sign in relation to nearby buildings or structures.

F.             Copies of any other permit required and issued for said sign.

G.           Additional Information as may be required by the Zoning Administrator or  Plan Commission.

H.           Sign Permit Applications shall be filed with the Zoning Administrator, who shall review the application for its completeness and accuracy and approve or deny, in writing, the application within 30 days of receipt from the applicant unless the time is extended by written agreement with the applicant.  A sign permit shall become null and void, if work authorized under the permit has not been completed within 6 months of the date of issuance.

3.0718              Fee for Sign Permit

The fee for a Sign Permit shall be established pursuant to Section 10.0214.


 

3.0800                     MODIFICATIONS

3.0801              Height

The height limitations stipulated elsewhere in this Ordinance may be modified as follows:

A.           Architectural Projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this Ordinance.

B.            Special Structures, such as elevator penthouses, gas tanks, grain elevators, observation towers, scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from the height limitations of this Ordinance.

C.            Essential Services, utilities, water towers, electric power and communication transmission lines, and wind energy conversion systems are exempt from the height limitations of this Ordinance.

D.           Communication Structures, such as radio and television transmission and relay towers, aerials, radio and television receiving and transmitting antennas shall not exceed in height their distance from the nearest lot line.  See Section 10.0509 for requirements and modifications for wireless communication facilities.

E.            Public or Semipublic Facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, governmental offices and stations, may be erected to a height of 85 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

3.0802              Yards

The yard requirements stipulated elsewhere in this Ordinance may be modified as follows:

A.           Uncovered Stairs, landings, ramps, and fire escapes may project into any yard but shall not exceed 6 feet in width nor be closer than 14 feet to any lot line.

B.            Architectural Projections, such as chimneys, flues, sills, bays, eaves, and ornaments, may project into any required yard, but such projection shall not exceed 2 feet.

C.            Off-Street Parking is permitted in all yards of all districts provided that commercial and industrial parking shall not be located closer than 25 feet to a residential district. All areas designated as parking areas must be surfaced with asphalt, concrete, brick, or crushed stone.

D.           Landscaping and vegetation are exempt from the yard requirements of this ordinance, provided that such landscaping and vegetation shall not interfere with the vision clearance triangle as set forth in section 10.0601 of this ordinance.

3.0803              Accessory Use Regulations

Accessory uses are permitted as specified herein or under the zoning district regulations in Section 10.0300.  A Zoning/Building Permit shall be required where specifically noted in this Section. The use and/or location requirements stipulated elsewhere in this Ordinance may be modified for accessory uses as follows:

A.           In R-1, R-2, and R-3 Districts accessory structures shall not exceed 2,000 square feet.

B.            Accessory Structures Permitted in the Side or Rear Yard.  The following accessory structures may be permitted in the side or rear yard only:

1.              Accessory buildings, such as garages, gardening, tool, or storage sheds, or gazebos, upon the issuance of a Zoning/Building Permit.  Accessory buildings shall be located at least 20 feet from the principal structure; shall be located not closer than 20 feet to a lot line; and shall not exceed 15 feet in height. 
2.              Patios and decks, constructed at or below yard grade, may be erected, without a Zoning/Building Permit, adjacent to the principal structure, and shall be located not closer than 5 feet to a lot line.
3.              Decks located adjacent to a principal structure shall be located not closer to a lot line than the required side yard and rear yard requirements for the district in which they are located. Freestanding decks or decks surrounding private swimming pools separated from the principal structure shall be located at least 10 feet from the principal structure and shall be regulated in the same manner as an accessory garage, tool shed, or gazebo.
4.              Central air conditioning compressors, trash or burn barrels, children's swing sets, children’s play equipment, dog houses, compost piles, and gardens are permitted without a Zoning/Building Permit, provided that such uses shall be located at least 5 feet from a lot line. 
5.              Accessory non-commercial pet kennels may be placed in the rear yard of any residential district upon the issuance of a Zoning/Building Permit provided that the kennel is located not closer than 20 feet from a lot line.
6.              Private swimming pools, upon the issuance of a Zoning/Building Permit, provided that:
(a)           Swimming pools shall not be constructed directly under or over electric transmission lines or within 15 feet of such lines.  All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or surrounding fence.
(b)          No water drained from swimming pools shall be discharged onto adjacent properties without written consent of the owner, or into a municipal sanitary sewerage system, or directly into a navigable body of water.
(c)           Equipment shall be provided for the disinfection of all pool water.  No gaseous chlorination shall be permitted.
(d)          Heating units, pumps, and filter equipment shall be adequately housed and muffl