Zoning Ordinance
  
ARTICLE C:  DISTRICT REGULATIONS
Sec. 13-1-30 Exclusive Agricultural Use (EAU) District
  1. Purpose. The Town recognizes the importance of preserving prime agricultural lands for productive agricultural purposes. The specific purposes of the Exclusive Agricultural Use (EAU) District are to:
    • Preserve productive agricultural land for food and fiber production;
    • Preserve productive farms by preventing land use conflicts between incompatible uses and controlling public service costs;
    • Maintain a viable agricultural base to support agricultural processing and related service industries;
    • Reduce costs of providing services to scattered non-farm uses;
    • Pace and shape growth;
    • Implement the provisions of the county agricultural plan as adopted and periodically revised; and
    • Comply with the provisions of Chapter 91, Wisconsin Statutes (Exclusive Agricultural Zoning) to permit eligible landowners to receive tax credits.
  1. Applicability. The EAU District includes prime agricultural lands historically exhibiting high crop yields, which generally consist of Class I, II, and III soil capability classes established by the United States Department of Agriculture, Natural Resource Conservation Service, and other lands that are integral parts of productive farm operations, all as identified in the Fond du Lac County Agricultural Preservation Plan.
  2. Definitions Related to EAU District.
    USES CONSISTENT WITH AGRICULTURAL USES: A “use consistent with agricultural uses” must meet all of the following criteria:
    1. (a) The activity will not convert land that has been devoted primarily to agricultural use;
    2. (b) The activity will not limit the surrounding land’s potential for agricultural use;
    3. (c) The activity will not conflict with agricultural operations on the land subject to a farmland preservation agreement;
    4. (d) The activity will not conflict with agricultural operations conducted on other properties.
  3. Permitted Uses. The following uses are permitted in the EAU District:
    1. Agricultural Uses. Beekeeping; commercial feedlots of less than 500 cattle or 1000 hogs or sheep; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts, vegetables or berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least thirty-five (35) acres of which is enrolled in the conservation reserve program under 16 USC 3831-3836; participating in the milk production termination program under 7 USC 1446.
    2. Agriculturally-Related Dwellings. Dwellings that have a use consistent with agricultural use and that are occupied by any of the following:
      1. An owner of the parcel;
      2. A person who, or a family at least one adult member of which, earns the majority of his or her gross income from conducting the farm operations on the parcel;
      3. A parent or child of an owner who conducts the majority of the farm operations on the parcel;
      4. A parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel.
    3. Pre-Existing Dwellings and Residential Lots. Pre-existing dwellings that do not conform to Sec. 13-1-30(4)(b) above may be continued in residential use and shall not be considered nonconforming uses under this Ordinance. Such pre-existing dwellings may be altered, repaired or rebuilt if destroyed but are subject to setback, height and other dimensional requirements. Residential lots of record held in separate ownership from adjoining lands at the date of the adoption of this ordinance may be used for new dwellings (one per lot of record), that shall then be classified as pre-existing dwellings.
    4. Accessory Structures. Accessory structures and improvements consistent with agricultural uses, and those consistent with dwellings as listed under Sec. 13-1-30(4)(b) above.
    5. Accessory Uses. Uses clearly related, but incidental to the primary farm operation such as seed and fertilizer sales, grain drying and repair of farm equipment.
    6. Gas and electric utility uses consistent with agricultural uses and not requiring authorization under Section 196.491, Wisconsin Statutes.
    7. Community living arrangements serving eight (8) or fewer persons; adult family homes; foster homes and treatment foster homes, subject to Section 60.63(3), Wisconsin Statutes; family day care homes.
  4. Conditional Uses. The Department of Agriculture, Trade and Consumer Protection shall be notified of the approval of any Conditional Use Permits in the EAU District. Conditional Use Permits may be granted only for those uses outlined below that are consistent with agricultural uses. The following uses are allowed in the EAU District upon the granting of a Conditional Use Permit:
    1. Religious, institutional, governmental and utility uses that are not permitted uses and are found to be locating in an EAU District by necessity in light of alternative locations available for such uses.
    2. Community living arrangements serving nine (9) or more persons; day care homes for the care and supervision of nine (9) or more children.
    3. Commercial feedlots of five hundred (500) or more cattle or one thousand (1000) or more hogs or sheep.
    4. A structure or improvement made incident to a lease for oil and natural gas exploration and extraction.
    5. Farm dwellings and related structures, existing prior to the adoption of this Ordinance, that are separated from the farm lot after farm consolidation.
    6. Home occupations other than those specifically defined in Sec. 13-1-30(4)(e) above.
    7. The temporary, seasonal establishment of one (1) roadside stand per lot for the sale of produce grown on the premises shall be allowed without a temporary use permit.
    8. Family farm businesses if limited to existing farm dwellings or structures or portions of the existing farmstead that are not dedicated to agricultural uses. No more than two (2) persons who are not members of the resident farm family may be employed in the family farm business. For purposes of this subsection, “family farm business” means any of the following:
      1. The purchase, sale, lease or rental of personal or real property;
      2. The manufacture, processing or marketing of products, commodities or any other personal property;
      3. The sale of services.
  5. Decision Criteria for Conditional Use Permits. When deciding on Conditional Use Permits in the EAU District, the Planning Commission shall consider the following criteria instead of those set forth in Sec. 13-1-77(5) of this Ordinance:
    1. The relationship of the application to the “Purposes” set forth above;
    2. The compatibility of, and/or potential conflict with existing agricultural uses;
    3. The need of the proposed use to be located in the EAU District;
    4. The availability of alternative locations in districts other than EAU or AT;
    5. The agricultural productivity of the lands involved;
    6. The acreage of productive agricultural land to be converted to non-agricultural use by the proposed use;
    7. Whether adequate public facilities to accommodate the development presently exist or will be provided within a reasonable time;
    8. Whether the provision of public facilities to accommodate development will place an unreasonable burden on the Town to provide them;
    9. Whether the land proposed for rezoning is suitable for development;
    10. Whether development will result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas.

      (b) Conditions That May Be Attached. The following conditions may be attached to the granting of a Conditional Use Permit. A performance bond or other comparable form of security may be required to insure compliance with such requirements.

      1. Increased setbacks and yards;
      2. Specifications for water supply, liquid waste, and solid waste disposal facilities;
      3. Landscaping and planting screens;
      4. Operational controls;
      5. Erosion prevention measures;
      6. Location of the use on the lot; and
      7. Similar requirements found necessary to fulfill the purpose and intent of this ordinance.
  1. Minimum Lot Size. The minimum lot size to establish a residence or farm operation shall be thirty-five (35) acres, with the following exceptions:
    1. The minimum lot size to establish a separate parcel for an additional residence for persons specified in Sec. 13-1-30(4)(b)(2)-(4) shall be one (1) acre.
    2. Where an additional residence for persons specified in Sec. 13-1-30(4)(b)(2)-(4) is located on a farm without creating a separate parcel, the residence shall be at least one hundred (100) feet from other dwellings.
    3. Lots with farm dwellings and related structures specified in Sec. 13-1-30(5)(d) above shall be a minimum of 65,000 square feet and a maximum of five (5) acres.
  2. Height Limitations. The maximum height for all residential structures shall be thirty-five (35) feet. The maximum height for all non-farm accessory structures shall be twenty (20) feet. There shall be no specific height limitation for any farm-related structures, except that the total height of any such structure shall not exceed .8 times its distance from the nearest lot line.
  3. Setbacks. The minimum front yard for farm dwellings and accessory structures shall be according to Sec. 13-1-57, Highway Setbacks. The minimum side and rear yard for farm dwellings and accessory structures shall be twenty-five (25) feet. The minimum front, side and rear setbacks for structures housing livestock shall be one hundred (100) feet from the nearest lot line or road right-of-way, as applicable.
  4. Rezoning from EAU. The Department of Agriculture, Trade and Consumer Protection shall be notified of the approval of any rezoning. When deciding on rezonings from EAU to a different district classification, the Planning Commission shall consider the following criteria instead of those set forth in Sec. 13-1-78(5)(b) of this Ordinance:
    1. Adequate public facilities to accommodate the development presently exist or will be provided within a reasonable time.
    2. The provision of public facilities to accommodate development will not place an unreasonable burden on the Town to provide them
    3. The land proposed for rezoning is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas
    4. The potential for conflict with remaining agricultural uses in the area is.
    5. The need of the proposed development location in an agricultural area.
    6. The availability of alternative locations.
    7. The productivity of the agricultural lands involved.
    8. The location of the proposed development to minimize the amount of agricultural land converted.

Sec. 13-1-31 Agricultural Transition (AT) District

  1. Purpose. This is a separate exclusive agricultural zoning district of a short-term nature. The Wisconsin Farmland Preservation Law recognizes that it may be desirable to limit some areas needed for future development to agricultural use on a short-term basis. Transition areas are intended to be areas in predominantly agricultural use which the plan identified for future development. The specific purposes of the Agricultural Transition (AT) District are to:
    • Provide for the orderly transition of agricultural land to other uses in areas planned for eventual urban expansion;
    • Defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost;
    • Ensure that urban development is compatible with local land use plans and policies;
    • Provide periodic review to determine whether all or part of the lands should be transferred to another zoning district.
  2. Periodic Review. The Town shall periodically review the AT District boundaries to determine the appropriateness of such land classifications. Review shall occur:
    1. A minimum of every five years;
    2. Upon completion or revision of a Fond du Lac County Agricultural Preservation Plan or municipal land use plan that affects lands in the district; or
    3. Upon extension of public services, such as sewer and water, necessary to serve urban development.
      Failure to review the AT District boundaries under these circumstances shall not invalidate or affect the enforceability of this ordinance.
  3. Applicability. The AT District generally includes lands appropriate for inclusion in the EAU District, except that their location adjacent to incorporated municipalities or urbanized areas makes conversion to non-agricultural uses likely in the foreseeable future.
  4. Definitions Related to the AT District.
    USES CONSISTENT WITH AGRICULTURAL USE: For purposes of this subsection, a “use consistent with agricultural uses” must meet all of the following criteria:
    1. The activity will not convert land that has been devoted primarily to agricultural use;
    2. The activity will not limit the surrounding land’s potential for agricultural use;
    3. The activity will not conflict with agricultural operations on the land subject to a farmland preservation agreement;
    4. The activity will not conflict with agricultural operations conducted on other properties.
  5. Permitted Uses. Same as Sec. 13-1-30, EAU District.
  6. Conditional Uses. Same as Sec. 13-1-30, EAU District.
  7. Lot, Height and Setback Requirements. Same as Sec. 13-1-30, EAU District.
  8. Rezoning from AT. Same as Sec. 13-1-30, EAU District.

Sec. 13-1-32 General Agriculture (A-1) District

  1. Purpose. The purpose of the General Agricultural (A-1) District is to provide for the continuation of small-scale, general agriculture and related uses in those areas generally suitable for farming, but that do not necessarily meet the standards and objectives of the EAU or AT Districts. The intent is to conserve areas with soils, drainage and topography generally suitable for farming, and to regulate residential, commercial and industrial development in those areas.
  2. Permitted Uses. See Exhibit 1: District Use and Impact Classifications.
  3. Conditional Uses. See Exhibit 1: District Use and Impact Classifications
  4. Minimum Lot Size. Ten (10) acres.
  5. Height Limitations. Same as Sec. 13-1-30, EAU District.
  6. Setback Requirements. Same as Sec. 13-1-30, EAU District.

Sec. 13-1-33 Residential (R-1) District

  1. Purpose. The Residential (R-1) District is intended to provide for high quality, year-round residential development in areas where the reasonable provision of municipal services is feasible. This District is designed to provide single-family homesites in those developing areas that offer “rural residential” amenities, services and facilities.
  2. Permitted Uses. See Exhibit 1: District Use and Impact Classifications.
  3. Conditional Uses. See Exhibit 1: District Use and Impact Classifications.
  4. Minimum Lot Size and Density for Single- and Two-Family Residences. According to Exhibit 2.

EXHIBIT 2
MINIMUM LOT SIZE/WIDTH/DENSITY FOR R-1 DISTRICT

  Subdivision lots (> 4
lot subdivisions) and
other cluster development
Other one-family
lots and other
permitted uses
Other two-family lots
Lots served
by public
sanitary sewer
20,000 sq.ft. minimum lot size

1 dwelling unit/acre minimum
density for development

75 feet minimum lot width
at building line

1 acre minimum lot size

1 dwelling unit/acre
minimum density

100 feet minimum lot
width at building line

1 acre minimum lot size

2 dwelling units/acre
minimum density

100 feet minimum lot
width at building line

Lots served
by private
sewer system
1 acre minimum lot size

1 dwelling unit/acre
minimum density

100 feet minimum lot width
at building line

1 acre minimum lot size

1 dwelling unit/acre
minimum density

100 feet minimum lot
width at building line

1 acre minimum lot size

2 dwelling units per 1 acre
minimum density

120 feet minimum lot
width at building line


    5.   Minimum Lot Size for Multi-Family Dwellings (Allowed Only in City of Fond du Lac Growth Area on Public Sanitary Sewer). One and one-half (1-1/2) acre.

    6.  Minimum Lot Size for Other Permitted Uses. One acre.

    7.  Height Limitations for Principal Building. Thirty-five (35) feet.

    8.  Minimum Front Yard Setback. See Sec. 13-1-57, Highway Setbacks.

    9.  Minimum Side And Rear Yard Setbacks. The minimum side yard setback shall be ten (10) feet; however, the sum of the widths of both side yards shall be no less than thirty (30) feet. The minimum rear yard setback shall be twenty-five (25) feet.

Sec. 13-1-34 Business (BD) District

  1. Purpose. The Business (BD) District is intended to provide for the orderly and attractive grouping of convenient locations of local retail stores, commercial offices and establishments serving the needs of Town residents.
  2. Permitted Uses. See Exhibit 1: District Use and Impact Classifications.
  3. Conditional Uses. See Exhibit 1: District Use and Impact Classifications.
  4. Minimum Lot Size. One and one-half (1 _) acre.
  5. Height Limitations for Principal Building. Forty (40) feet.
  6. Minimum Front Yard Setback. See Sec. 13-1-57, Highway Setbacks.
  7. Minimum Side And Rear Yard Setbacks. The minimum side yard setback shall be ten (10) feet; however, the sum of the widths of both side yards shall be no less than thirty (30) feet. The minimum rear yard setback shall be fifteen (15) feet for buildings up to twenty-five (25) feet in height, plus one foot for each additional five (5) feet, or fractional portion thereof, in height.

Sec. 13-1-35 Industrial (ID) District

  1. Purpose. The Industrial (ID) District is intended to provide for any manufacturing or industrial operation that, because of operational or physical characteristics, must be carefully sited to ensure compatibility with surrounding uses.
  2. Permitted Uses. See Exhibit 1: District Use and Impact Classifications.
  3. Conditional Uses. See Exhibit 1: District Use and Impact Classifications.
  4. Minimum Lot Size. Two (2) acres.
  5. Height Limitations for Principal Building. Sixty (60) feet.
  6. Minimum front yard. See Sec. 13-1-57, Highway Setbacks.
  7. Minimum side and rear yard setbacks. Twenty-five (25) feet minimum side and rear yard setbacks.

Sec. 13-1-36 Critical Areas Overlay (CAO) District

  1. Purpose. The Critical Areas Overlay (CAO) District is intended to protect the public health and safety by minimizing development in areas prone to unwanted soil erosion and groundwater contamination, and on sites difficult to develop in a safe manner, and promote the general welfare by preserving unique and valuable geologic and other natural resource features of the Town of Empire. The regulations of the CAO District are premised, in part, on a shared community vision, discovered and detailed through the comprehensive planning process, that calls for protection of natural resources and unique geologic features found within the Town.
  2. General Protection Policies. It is the policy of the Town of Empire that the beneficial functions, structures, and values of critical areas be protected, and, further, that potential dangers or public costs associated with inappropriate use of such areas be eliminated or reduced by reasonable regulation. The standards of the CAO District represent a reasonable balance between individual and collective interests. In striking that balance, the Town recognizes that, because of the wide variety of types of developments, and the relationships between them and their natural environments, it is neither possible or advisable to establish inflexible critical areas protection standards. The standards set forth in Sec. 13-1-36 are presumptive requirements. The reviewing body may permit deviations from these presumptive standards whenever it is determined that such deviations will satisfy the purposes set forth in Sec. 13-1-36(1) above. In considering the appropriate course of action to follow when allowing deviations from the standards of Sec. 13-1-36(9)(11), the preferences set forth below are established to guide development actions; they are in no particular order, and may be mixed to achieve maximum critical areas protection while facilitating reasonable use of property:
    1. Avoid the impact altogether by not allowing a particular action unless no reasonable, noncritical area alternatives are available;
    2. Avoid the impact by directing the particular action to noncritical areas on the same site, which may require deviation from the physical or dimensional requirements of this Ordinance (such as setbacks or lot dimensions);
    3. Minimize the impact by limiting the degree or magnitude of the action;
    4. Rectify the impact by repairing, rehabilitating or restoring the affected critical area.
  3. Triggering Applications. The regulations of Sec. 13-1-36 apply in all zoning districts, and are triggered whenever an application for any of the following actions is filed (hereinafter referred to as “triggering applications”) and it is found that such action is taking place on a parcel of real property containing a designated critical area or its buffer:
    1. Any permit or action set forth in Article G of this Ordinance;
    2. Any permit required by the Town of Empire Subdivision Ordinance;
    3. Clearing and grading permits, or permits for any other “development” activity, as that term is defined in Sec. 13-1-92, Definitions.
  4. Exemptions. The following activities are specifically exempt from the provisions of Sec. 13-1-36, whether or not such activity requires the submission of a triggering application:
    1. Existing and ongoing agricultural activities.
    2. Normal and routine maintenance and operation of existing irrigation and drainage ditches, swales, canals, detention facilities, wastewater treatment facilities, landscape amenities, farm ponds, fish ponds, manure lagoons and livestock water ponds; provided that such activities do not involve conversion of any critical areas not being used for such activities to another use;
    3. Construction, maintenance, operation and repair or replacement of existing utility facilities and associated rights-of-way, including reasonable access roads;
    4. Site investigative work in conjunction with the preparation of a land use application submittal, such as surveys, soil logs, percolation tests and other related activities;
    5. Maintenance, operation, reconstruction of or addition to existing roads, streets, and driveways;
    6. Any projects for which application(s) have been submitted prior to the adoption of this Ordinance.
  5. Application of Standards. No application involving a designated critical area shall be approved unless it is determined to be in compliance with Sec. 13-1-36 of this Ordinance. The standards of Sec. 13-1-36 of this Ordinance shall be applied in addition to other applicable requirements of this Ordinance. Whenever other requirements of this Ordinance conflict with the requirements of Sec. 13-1-36, the most stringent requirements shall govern. In instances where a proposal involves a parcel of real property with more than one critical area the standards that pertain to each identified critical area shall apply. Compliance with Sec. 13-1-36 shall not remove any obligations with respect to applicable provisions of any other federal, state, county or Town regulation.
  6. Identification of Critical Areas Through Public Information. Upon submittal of triggering application, the Permit Issuer shall determine the probable existence of critical areas on the parcel involved in the application. The Permit Issuer shall review and consider the most appropriate, publicly available information in determining the probable existence of critical areas, including, but not limited to, the following:
    1. Large scale (1" = 200') Fond du Lac County topographic maps;
    2. USGS 7.5-minute topographic quadrangle maps;
    3. 1" = 400' aerial photographs;
    4. Town of Empire, Drumlin and Remnant Forest Survey, February 4, 1998 - Prepared by Herman Bender;
    5. Town of Empire Cultural and Environmental Survey, February 4, 1998 - Prepared by Herman Bender.
    6. "Wisconsin Wetland Inventory" maps prepared by the Wisconsin Department of Natural Resources;
    7. Town of Empire Comprehensive Plan - Adopted March, 1998.
  7. Requirement of Private Studies/Other Information. The Permit Issuer may also conduct field investigations with permission of the landowner, and may require private studies be conducted by the applicant, including, but not limited to, the following:
    1. Topographic surveys prepared by and certified by a Wisconsin registered land surveyor at a contour interval of not less than two (2) feet.
    2. Field surveys of trees and/or plant material compiled by a landscape architect, forester, arborist, biologist or botanist with a professional degree in one of those fields of endeavor.
  8. Application Processing When Critical Areas are Present
    1. Conditional Use Permit Required. Any action taking place on a parcel of real property containing a designated critical area requires that the applicant apply for, and be granted a Conditional Use Permit under the procedures set forth in Sec. 13-1-77 of this Ordinance. If the triggering application is an application for a Conditional Use Permit, such application shall be sufficient to satisfy this requirement.
    2. Submission Requirements. Applicants shall submit the following information along with the application for a Conditional Use Permit:
      1. Ten (10) full size copies of a "Critical Areas Protection Plan" prepared on tracing cloth, reproducible drafting film, or paper of good quality at a map scale as appropriate that correctly shows the following information:
      2. A drawing legend at appropriate scale with the date of preparation, north arrow, and designation of existing and proposed contours at a minimum two (2) foot contour interval.
      3. The location of the proposed development activity.
      4. The names, addresses and telephone numbers of the owners, Subdividers, lessee and/or developer(s) of the property and of the designer of the plan.
      5. The boundary line of the site with dimensions, indicated by a solid line, and the total land area encompassed by the site.
      6. The location of any existing or proposed lot lines, right-of-way lines and easements.
      7. The location and dimensions of all permanent easements on the subject property and boundary lines adjacent to the site.
      8. The location and extent of any existing critical areas features defined and described in Sec. 13-1-36 below. Each individual resource area on the site shall be graphically and numerically shown on the Critical Areas Protection Plan.
      9. Graphic and numeric illustration shown on the Critical Areas Protection Plan of those existing critical areas features (in square feet or acres) that will be disturbed and those that will be preserved. Numeric data may be shown in tabular form with labeled reference to specific areas designated on the Critical Areas Protection Plan.
      10. Graphic illustration and notes relating to how the protection/mitigation measures set forth in Sec. 13-1-36(2) will be achieved.
    3. Application Processing. If the procedures governing the triggering application require Planning Commission or Board of Appeals review, the Critical Areas Protection Plan shall be reviewed, and protection standards applied, by the applicable decision-making body concurrent with the triggering application. In all other cases, the Critical Areas Protection Plan shall be reviewed, and protection standards applied, by following the procedures for Site Plan Review set forth in Sec. 13-1-74 of this Ordinance.
    4. Required Findings. In addition to addressing the decision criteria of the underlying triggering application, the decision-making body shall also determine how the Critical Areas Protection Plan meets the protection standards set forth in Sec. 13-1-36(2) or, when deviation from the standards is permitted, how the plan achieves maximum critical areas protection while facilitating reasonable use of property.
  9. Protected Critical Area: Niagara Escarpment. The purposes of regulating the Niagara Escarpment area are to promote safe conditions by preventing development that requires the placement of roads on steep inclines, to protect the integrity of groundwater resources subject to pollutant infiltration through crags in the bedrock surface, to preserve the area as a unique, visually prominent geologic feature that contributes to the diversity of landscape of the Town of Empire, and to preserve the functions of the Escarpment area as a critical wildlife corridor.
    1. Regulated Area. A buffer area extending six hundred (600) feet in each direction (total buffer width = 1,200 feet) from the ridgeline of the Niagara Escarpment as generally depicted in the Town of Empire Comprehensive Plan. The term ridgeline is defined as the ground line located at the highest elevation of the ridge, within the buffer area, and running parallel to the long axis of the ridge.
    2. Prohibited or Regulated Activities.
      1. All quarrying, sand and gravel pits, and other nonmetallic mining activities are prohibited in the Regulated Area.
      2. No telecommunication tower locating in the Regulated Area shall be located within five thousand (5,000) feet of an existing telecommunication tower; said distance to be measured by a straight line from the base of the nearest existing tower to the base of the proposed tower site.
      3. No portion of any building or structure shall be constructed to extend above the highest point of the ridgeline nearest to the building site unless the proposed construction will be screened from public view from below by existing mature vegetation (See Exhibit 3).
      4. Existing mature vegetation along the ridgeline shall be preserved to the greatest extent possible.
      5. Significantly visible rock outcroppings shall be preserved and incorporated into site design to the greatest degree possible.
      6. Grading shall create a naturally-sloped effect that conforms to the topography of the site. Disturbed areas shall be replanted with common vegetation.
    3. Exception for Existing Lots of Record. Nothing in Sec. 13-1-36(9) shall prevent one one-family detached home from being built on any legal lot existing on the effective date of this Ordinance, provided it complies with the other development standards of this Ordinance, any grading ordinances presently in effect, and the development standards of the underlying zone. Where provisions may conflict, the most restrictive shall apply.
       
      EXHIBIT 3
      BUILDING HEIGHT LIMITATION IN NIAGARA ESCARPMENT CRITICAL AREA
       
  10. Protected Critical Area: Steep Slopes. The purposes of regulating steep slope areas are to promote safe conditions by preventing development that requires the placement of roads on steep inclines, minimizing erosion and negative visual impacts by preserving natural grades of the land, protecting visually prominent natural features by preserving ridgelines and other significant natural topographical features of hilly areas within the Town of Empire.
    1. Regulated Area. Any properties or portions thereof that have an average slope of fifteen (15) percent or greater shall be subject to the provisions of this subsection.
    2. Prohibited or Regulated Activities.
      1. All quarrying, sand and gravel pits, and other nonmetallic mining activities are prohibited in the Regulated Area.
      2. No buildings, structures, driveways, private roads or roads to be dedicated to the public shall be constructed upon portions of any site where the true slope is twenty-five (25) percent or greater.
      3. No buildings or structures shall be constructed on a site unless its access road (on or off-site) can be built so that no length of said road has a slope of greater than twenty-five (25) percent.
      4. No portion of any building or structure shall be constructed to extend above the highest point of the hill or bluff upon which said development is taking place unless the proposed construction will be screened from public view from below by existing, mature vegetation.
      5. No telecommunication tower locating in the Regulated Area shall be located within five thousand (5,000) feet of an existing telecommunication tower; said distance to be measured by a straight line from the base of the nearest existing tower to the base of the proposed tower site.
      6. On lots with an average slope of fifteen (15) percent to thirty (30) percent, impervious surface shall not exceed ten (10) percent of the gross lot size.
      7. Removal of existing mature vegetation shall be minimized to the greatest extent possible.
      8. Grading shall create a naturally-sloped effect that conforms to the topography of the site. Disturbed areas shall be replanted with common vegetation.
    3. Exception for Existing Lots of Record. Nothing in Sec. 13-1-36(10) shall prevent one one-family detached home from being built on any legal lot existing on the effective date of this Ordinance, provided it complies with the other development standards of this Ordinance, any grading ordinances presently in effect, and the development standards of the underlying zone. Where provisions may conflict, the most restrictive shall apply.
  11. Protected Critical Area: Woodlands. The woodlands of the Town of Empire significantly contribute to the scenic attractiveness of the town and provide habitat for numerous species of plant and animal life. The purpose of these regulations is to perpetuate the existence of woodlands.
    1. Regulated Area. Areas or stands of trees whose total combined canopy covers an area of one (1) acre or more and at least fifty (50) percent of which is composed of canopies of trees having a diameter at breast (DBH) of at least ten (10) inches; or any grove consisting of fifteen (15) or more individual trees having a DBH of at least twelve (12) inches whose combined canopies cover at least fifty (50) percent of the area encompassed by the grove. No trees grown for commercial purposes should be considered a woodland.
    2. Prohibited or Regulated Activities.
      1. Clearing of trees shall be permitted for building footprints, driveways and sites for onsite sewage disposal systems. Building footprints may be cleared a distance of twenty-five (25) feet from the exterior walls of principal buildings and fifteen (15) feet from accessory buildings. Selective pruning of remaining trees shall be permitted, provided that seventy (70) percent of the original canopy is left intact.
      2. Selective pruning of woodlands shall be permitted, provided that seventy (70) percent of the original canopy is left intact.
      3. Clearcutting on contiguous land under single ownership shall be permitted, provided that the clearcut area not exceed the lesser of ten (10) acres or thirty (30) percent of woodlands in any ten-year period. An area clearcut for commercial purposes shall not be converted or developed for another use within seven (7) years from the date clearcutting was completed.
      4. Other sound forestry practice techniques (as defined in Chapter 46, Wisconsin Administrative Code) recommended by a qualified forester are permitted if designed to protect or enhance the woodlands.
    3. Exception. Exceptions to these restrictions may be granted upon a showing of special needs or circumstances of the landowner.

Sec. 13-1-37 through Sec. 13-1-39 Reserved for Future Use

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