OZAUKEE COUNTY, WISCONSIN
Adopted 2/94

SECTION 1.00 INTRODUCTION

1.01 AUTHORITY

This Ordinance is adopted under the authority granted by Sections 60.61, 60.62, 61.35, and 62.23(7) of the Wisconsin Statutes and amendments thereto.

1.02 PURPOSE

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

1.03 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 Grafton;

(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 streets and highways;

(K) Implement those town, county, watershed, and regional comprehensive plans or components of such plans adopted by the Town of Grafton;

(L) Provide for the administration and enforcement of this Ordinance; and to provide penalties for the violation of this Ordinance.

1.04 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.

1.05 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 Grafton.

1.06 SEVERABILITY

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

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.

1.07 REPEAL

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of the Town inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed.

1.08 TITLE

This Ordinance shall be known as, referred to, or cited as the "ZONING ORDINANCE, TOWN OF GRAFTON, WISCONSIN."

SECTION 2.00 GENERAL PROVISIONS

2.01 JURISDICTION

The jurisdiction of this Ordinance shall apply to all structures, lands, water, and air within the corporate limits of the Town of Grafton.

2.02 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) Duty of the Building Inspector

1. The duty of the Building Inspector shall be to interpret and administer this Ordinance.
2. The Building Inspector shall issue, after on-site inspection, all permits required by this Ordinance and shall maintain records of all permits issued.
3. The Building Inspector shall investigate all complaints, give notice of violations, issue orders to comply with the zoning ordinance, and assist the town attorney in the prosecution of ordinance violators.
4. Upon presentation of identification, the Building Inspector or his deputy shall have the right to request entry any public or private lands or waters at any reasonable time to make a zoning inspection If entry is refused, the Building Inspector or his deputy may obtain a special inspection warrant under Wis. Stats. 66.122. The owner, lessee or occupant of any property who is served with a special inspection warrant shall furnish to the Building Inspector or his deputy any pertinent information requested by that person concerning such property.

2.03 ZONING PERMIT REQUIRED

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after having secured a zoning permit from the Town Building Inspector, unless otherwise excepted pursuant to Section 2.04 of this Ordinance. Applications for a zoning permit shall be made in duplicate to the Building Inspector on forms furnished by the Town and shall include the following where applicable:

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

(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; 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 prepared by a registered land surveyor or, if approved by the Town Building Inspector, a sketch at a scale of no less than 1" = 40', showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; offstreet parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yard. In addition, the Building Inspector may require that the plat of survey show the location, elevation and use of any abutting lands and their structures within 150 feet of the subject premises; the mean and high water line; the type, slope, degree of erosion and boundaries of soil as shown on the operational soil survey maps prepared by the U. S. Soil Conservation Service; or other information as requested by the Building Inspector, Plan Commission, or the Town Board.

(D) Proposed Sewage Disposal Plan if municipal sewerage service is not available. This plan shall include a copy of the permit issued by the Ozaukee County Environmental Health Department for the installation of an on-site soil absorption sanitary sewage disposal system, or other appropriate means of waste disposal.

(E) Proposed Water Supply Plan if municipal water service is not available. This plan shall be in accordance with Section NR-112 of the Wisconsin Administrative Code and shall be approved by the Town Engineer or Plan Commission. A separate well shall be required for each principal structure.

(F) Additional Information as may be required by the Town Plan Commission, Town Engineer, Building, Health, or Plumbing Inspectors.

(G) A Zoning Permit shall be granted or denied in writing by the Town Building Inspector within 30 days. If the Town Building Inspector does not act on an application for permit within 30 days, it is deemed denied placed on the next agenda of the Board of Zoning Appeals for consideration by the Board. The permit shall be good for one (1) year and may be extended upon application and personal appearance, with plans for completion, before the Town Plan Commission. Any permit issued in conflict with the provisions of this Ordinance shall be null and
void.

2.04 CERTIFICATE OF COMPLIANCE REQUIRED

No vacant land shall be occupied or used; and no building or premises shall be erected, altered, moved or create change in use; and no nonconforming use shall be continued by a new owner, renewed, changed, or extended until a certificate of compliance shall have been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this Ordinance. Such certificate shall be applied for at the time of occupancy of any land and/or building.

2.05 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, inadequate 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 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 he so desires. Thereafter the Town Plan Commission may affirm, modify, or withdraw the determination of unsuitability.

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 an on-site soil absorption sewerage disposal system or other appropriate disposal system designed in accordance with the Wisconsin Administrative Code and with approval of the Ozaukee County Environmental Health Department.

Street Access Required. No lot shall hereafter be created or any building placed on a lot which does not abut on a public street or approved private way except as hereinafter provided.

Private Street or Way. Subject to the approval of the Plan Commission, a building may be permitted on a tract of land which does not abut on a public or approved way provided such tract of land is in a residential district, has access by permanent 66 foot reservation to a public street or approved way, and does not conflict with plans for the future development of streets in the area. Not more than two (2) homes may be served by such a reservation.

All Structures shall be located on a lot; and in residential districts, only one structure of more than 150 square feet shall be located, erected, or moved onto a lot. The Plan Commission may permit more than one (1) structure of more than 150 square feet per lot where more than one (1) such structure is needed for the orderly development of the lot. If the Plan Commission permits additional structures on a lot, it may impose additional yard requirements, landscaping requirements, parking requirements or require a minimum separation distance between structures.

No Zoning Permit shall be issued for a lot which abuts a street dedicated or reserved to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

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.

2.06 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 applicable uses set out in this section shall be permitted in that district.

(B) Accessory Uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations and professional home offices as defined in this Ordinance. In residential districts, yard setbacks may be reduced to 10 feet with structures of less than 150 square feet with the written approval of the Building Inspector, and all abutting property owners.

(C) Conditional Uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Town Plan Commission in accordance with Section 4.0 of this Ordinance. Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access trafficways and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be deemed to be conditional uses. Such development shall be specifically reviewed and approved by the Town Plan Commission as provided in Section 4.0 of this Ordinance.

(D) Gas and Electric Utility Uses which have been issued a Certificate of Public Convenience and Necessity pursuant to Section 196.491(3) of the Wisconsin Statutes are exempt from the requirements of this Ordinance, and shall not be required to obtain a Zoning Permit or Certificate of Compliance.

(E) Temporary Uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Town Plan Commission after review and public hearing.

(F) Private Swimming Pools are permitted as an accessory use in the rear yard of any residence in any Agricultural or Residential District provided that:

1. All swimming pools shall be surrounded by a fence not less than 42 inches in height nor more than eight feet in height. Fences 42-48 inches in height shall be solid fences as defined in 12.02 of this ordinance. Fences in excess of four feet in height shall be chain link fences.
2. Access to the swimming pool shall be controlled by a self-latching or similar gate and all such gates shall be kept securely closed and locked at all times when the owner is not present at the pool.
3. Swimming pools shall not be constructed directly under or over electrical transmission 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 pool or surrounding fence.
4. Swimming pools shall not be constructed over or closer than fifteen (15) feet to an on-site soil absorption sewage disposal system or a holding tank.
5. No lighting installed around swimming pools shall throw any rays on to adjacent properties.
6. No water drained from a swimming pool shall be discharged over or near an on-site soil absorption sewage disposal system, holding tank or well.
7. No private swimming pool shall be located closer than six (6) feet to a lot line.

2.07 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.

2.08 FEES

(A) Permit Fees.

1. 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 appropriate Town official or body as specified herein to help defray the cost of administration, investigation, advertising and processing of the permit.
2. The fees for permits shall be as follows:

   (a) Zoning Permit $
   (b) Certificate of Compliance $
   (c) Conditional Use Permit $
   (d) Sign Permit $ or $0.25 per square foot, whichever is greater.

3. A Double Fee shall be charged by the Town Building Inspector 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.

(B) Other Fees.

1. All persons, firms or corporations filing an appeal, requesting a variance or requesting an amendment to this zoning code shall pay to the appropriate Town official or body as specified herein at the time the request or appeal is filed with that official or body a fee to help defray the cost of administration, investigation, advertising and processing of such appeal or request.
2. The fees for such activities shall be as follows:

(a) Amendment to Ordinance (Text or Map) $
(b) Appeal $
(c) Variance $

2.09 VIOLATIONS

(A) 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.

(B) In case of any violation, the Town Board of Supervisors, the Building Inspector, 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.

(C) In addition to any other authority, the Building Inspector or the Town Chairman are hereby authorized to issue citations for violations of this Zoning Code.

2.10 PENALTIES

Any person, firm, or corporation who fails to comply with the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than $50 nor more than $500 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.

SECTION 3.00 ZONING DISTRICTS

3.01 ESTABLISHMENT

(A) For the purpose of this Ordinance, the Town of Grafton is
hereby divided into the following eight Zoning Districts:

1. A-1 Exclusive Agricultural District
2. A-2 Agricultural/Rural Residential District
3. R-1 Residential District
4. R-2 Residential District
5. R-3 Residential District
6. B-1 Business District,
7. M-1 Light Manufacturing and Warehousing District
8. C-1 Conservancy Overlay District

(B) Boundaries of These Districts are hereby established as shown on the Map entitled "Zoning Map--Town of Grafton, Ozaukee 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.

3.02 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 Chairman 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.

3.03 A-1 EXCLUSIVE AGRICULTURAL DISTRICT

The A-1 Agricultural District is intended to maintain, enhance and preserve agricultural lands historically utilized for crop production and the raising of livestock. The district is further intent upon preventing the premature conversion of agricultural land to scattered residential, commercial and industrial uses.

(A) Permitted Uses

1. Apiculture (beekeeping).
2. Dairy farming.
3. Floriculture (cultivation of ornamental flowering plants).
4. Noncommercial grazing or pasturing.
5. Livestock raising, except feed lots in excess of 300 head and fur farms.
6. Orchards.
7. Plant nurseries.
8. Poultry raising, except commercial egg production.
9. Raising of grain, grass, mint, and seed crops.
10. Raising of tree fruits, nuts, and berries.
11. Sod farming.
12. Vegetable raising.
13. Viticulture (grape growing).
14. Existing dwellings not accessory to any farm operation or dwellings remaining after the consolidation of farms provided that such dwellings are located on a lot not less than two (2) acres in area having a lot width of not less than 150 feet.
15. General farm buildings including barns, silos, sheds, and storage bins.
16. One (1) single-family farm dwelling. One or more family members residing therein shall earn a substantial part of his or her income from the farm operation.
17. Essential services.

(B) Permitted Accessory Uses

1. Garages or carports
2. Home occupations as specified herein
3. One (1) roadside stand for selected farm products produced on the premises and not exceeding 150 square feet in floor area.
4. Forest and game management.

(C) Conditional Uses (See Section 4.0)

(D) Parcel Area and Width Parcel shall have a minimum area of 35 acres and shall not be less than 660 feet in width.

(E) Building Height and Area

1. No farm buildings or parts of farm buildings shall exceed 100 feet in height.
2. No farm dwelling or part of a farm dwelling shall exceed 35 feet in height.
3. The total minimum floor area of a farm dwelling or other residential dwelling shall be 1,250 square feet with a minimum first floor area of 800 square feet.

(F) Yards

1. A minimum street yard (setback) of 50 feet from the highway or road right-of-way shall be required
2. A minimum shore yard of 75 feet from the highwater elevation of any navigable water shall be required.
3. There shall be a side yard on each side of all structures not less than 20 feet in width.
4. There shall he a rear yard of not less than 25 feet.

3.04 A-2 AGRICULTURAL/RURAL RESIDENTIAL DISTRICT

The A-2 Agricultural District is intended to provide for, maintain, preserve, and enhance agricultural lands historically utilized for crop production but which are not included within the A-1 Exclusive Agricultural District and which are generally best suited for smaller farm units, including truck farming, horse farming, hobby farming, orchards, and other similar agricultural-related activity. The district also permits the creation of large rural residential estate type lots. The primary residence must have a two car attached or detached garage prior to the issuance of an occupancy permit.

(A) Permitted Uses

1. Those agricultural uses permitted in the A-1 Agricultural District, except (2), (4), (5) and (9).
2. Agricultural warehousing.
3. General farm buildings including barns and sheds.
4. Single-family dwellings.
5. Essential services.

(B) Permitted Accessory Uses

1. Garages and carports.
2. Home occupations as specified herein.
3. Forest and game management.
4. One (1) roadside stand for selected farm products produced on the premises and not exceeding 150 square feet in area.

(C) Conditional Uses (See Section 4.0)

(D) Parcel Area and Width Parcels shall have a minimum area of ten (10) acres and shall be not less than 350 feet in width.

(E) Building Height and Area

1. No farm building or farm related building shall exceed 35 feet in height.
2. No farm dwelling or other residential dwelling shall exceed 35 feet in height.
3. The total minimum floor area of a farm dwelling or other residential dwelling shall be 2,000 square feet with a minimum first floor area of 1,200 square feet.

(F) Yards

1. A minimum street yard (setback) of 50 feet from the highway or road right-of-way shall be required.
2. A minimum shore yard of 75 feet from the highwater elevation of any navigable water shall be required.
3. There shall be a side yard on each side of all structures not less than 20 feet in width.
4. There shall be a rear yard of not less than 25 feet.

3.05 R-1 RESIDENTIAL DISTRICT

The R-1 Residential District is intended to provide for lake shore single-family development, at densities not to exceed one (1) dwelling unit per five (5) acres. The primary residence must have a two car attached or detached garage prior to issuance of an occupancy permit.

(A) Permitted Uses