TOWN OF TEXAS
MARATHON COUNTY, WISCONSIN
Chapter 17, Town Code of Ordinances
Adopted: June 11, 2007
Posted/Published: June 21, 2007
Approved by Marathon County Board of Supervisors: October 16, 2007
Amended 17.20(2) and created (3) May 18, 2009
Amended 17.49(3)(kk) April 5, 2010
Forrest & Associates, LLC
Table of Contents
Town of Texas Zoning Ordinance
17.01 Objectives 1
17.02 Short Title 1
17.03 Purpose and Intent 1
17.04 Application of Overlapping Regulations 1
17.05 General Interpretations 1
17.06 Severability and Nonliability 1
17.07 Applicability 1
17.08 Definitions 2
17.10 Jurisdiction 13
17.11 Compliance 13
17.12 Permits 13
17.13 Conditional Use Permits 14
17.14 (Reserved for future use) 15
17.15 Fee Schedule 15
17.16 Expiration or Conflict 16
17.17 Exemptions 16
17.18 Use Regulations 16
17.19 Nonconforming Structures and Uses 17
17.20 Accessory Uses and Structures 18
17.21 Area Regulations 18
17.22 Height Regulations and Exceptions 20
17.23 Highway and Railroad Setbacks 20
17.24 Reduced Building Setbacks 21
17.25 Vision Clearance Triangle 21
17.26 Structures Permitted Within Setback Lines 22
17.27 Mobile Home Limitation 22
Vision Clearance Triangle - examples 23
DISTRICTS AND MAPS
17.40 Zoning Districts 24
17.41 Maps 24
17.42 Boundaries of Districts 24
17.43 RS-1/20 and RS-1/40 Residence Districts 24
17.44 RS-2 Single Family Residence District 26
17.45 RM Multiple Family Residence District 27
17.46 RP Residential Planned Development District 29
17.47 CV Conservancy District 30
17.48 RC Recreation District 31
17.49 A-1 General Agricultural District 33
17.50 A-3 Exclusive Agricultural District 39
17.52 RR Rural Residential and RE Rural Estate Districts 43
DISTRICTS AND MAPS (continued)
17.54 C-1 Commercial District 45
17.55 M-1 Light Industrial District 47
17.56 M-2 Heavy Industrial District 49
17.59 Wellhead Protection Overlay District 51
MOBILE HOME PARKS
17.60 Districts Allowed 58
17.61 Application for Permit 58
17.62 Requirements 58
17.63 Mobile Home Use Restrictions 59
17.64 Registers 59
MOTOR VEHICLE AND PARKING REGULATIONS
17.70 Loading Requirements 60
17.71 Parking Requirements 60
17.72 Driveways 61
17.80 General 62
17.81 Signs in Residential, Conservancy, and Agricultural Districts 62
17.82 Signs in Recreational, Commercial and Industrial Districts 63
17.83 Unsafe and Unlawful signs and Advertising Devices 64
17.84 Existing Signs/Special Provisions 64
17.90 Planning Commission 65
17.91 Board of Appeals 65
17.92 Ordinance Amendment 67
17.93 Administration 68
17.94 Violations and Penalties 69
To achieve the objectives outlined in §60.61, 60.62, 61.35 and 62.23 Wis. Stats., the Town of Texas adopts the zoning regulations contained in this chapter.
17.02 SHORT TITLE.
This chapter shall be known and cited as the Town of Texas Zoning Code.
17.03 PURPOSE AND INTENT.
This chapter is adopted to promote and protect public health, safety, comfort, convenience, aesthetics and other aspects of the general welfare; and, more specifically, to fix reasonable standards to which buildings and structures shall conform, to regulate and restrict lot coverage and population density, to guide the proper distribution and location of various land uses by the establishment of zoning districts which are applied where the Town has zoning jurisdiction, to promote the safety and efficiency of the streets and highways, to provide for adequate light, air, sanitation and drainage, to conserve natural resources, to provide safety from fire, flooding, water pollution, contamination and other hazards, to define the powers and duties of the administrative bodies as provided in this chapter, and to prescribe penalties for the violation of the provisions of this chapter or any amendment to this chapter.
17.04 APPLICATION OF OVERLAPPING REGULATIONS.
(1) This chapter shall not repeal, impair or modify private covenants or other ordinances, except that it shall apply whenever it imposes stricter regulations.
The Town of Texas has legally adopted this independent comprehensive zoning ordinance.
The Town of Texas shall be subject to all the provisions of the Marathon County Zoning Code within the floodplain, shoreland and wetland areas as these areas are defined in §17.30, §17.31 and §17.32. of the Marathon County Zoning Code.
17.06 SEVERABILITY AND NONLIABILITY.
Should any section, clause, provision or portion of this chapter be adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
17.07 GENERAL INTERPRETATIONS.
The following rules of construction shall apply to this chapter:
(1) The particular shall control the general; in case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control; "shall" is mandatory, "may" is permissive; words used in the present tense shall include the future and words used with singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary; "building" or "structure" includes any part thereof; "used for"; includes "arranged for", "person" includes an individual, corporation, partnership, incorporated association or any other similar entity; unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and","or" or "either/or," the conjunction shall be interpreted as follows: "and" indicates that all the connected items, conditions, provisions or events shall apply; "or" indicates that the connected items, conditions, provisions or events shall apply singly or in any combination; "either/or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. All measured distances shall be to the nearest integral foot. If a fraction is ½ foot or more, the integral foot next above shall be taken. The masculine gender includes the feminine and neuter.
(2) The provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes and related administrative codes.