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10.045— 10.05(5) in changes to the existing topography at and the board of adjustment otherwise finds that the within five (5) feet of any property line that would protections afforded by such overlay district are promote the purposes stated in this ordinance, no longer necessary for the purposes set forth only if the results do not direct additional herein. stormwater runoff toward adjacent properties. (7) Compensation. Where the designation of Proposed exceptions may include, but are not a particular parcel of land as subject to this limited to, retaining walls, berms and other section results in a property owner being structures, and other changes to existing grade deprived of all, or substantially all, of the at and within five (5) feet of a property line. The beneficial use of the property, compensation Zoning Administrator may require the submittal shall be paid as provided for by law. of detailed site grading plans of existing and [History: 10.045 cr., Sub. 1 to OA 35, 1991-92, pub. proposed conditions including, but not limited to, 04/22/92;(2)am.,OA 43, 1996 97,pub.06/17/97.] detailed topographical information of the subject 10.05 R-1 RESIDENCE DISTRICT. (1) and adjoining properties, before land disturbing Permitted uses. (a) Single family detached activities commence. [History:(1)am.,OA 10, 1999-2000,pub.04/20/00;(6)cr., dwellings. OA 16,2009-10,pub.11/19/09;(1)(a)2.am.,Sub. 1 to OA (b) Utility services. 21,2009-10,pub.02/19/10;(1)(b)and(1)(c)am.,OA 4, (C) Home occupations, as defined in section 2011-12,pub.08/01/11;(1)(b)9.b.cr.,OA 11,2012-13,pub. 10.01(25). 10/31/12.] (d) Uses and buildings, clearly incidental and 10.045 NCO NOISE CONTROL OVERLAY necessary to permit use on the premises. DISTRICT. (1) Statement of purpose. The (e) Community living arrangements for less purpose of the Noise Control Overlay District is than nine (9) persons. to effect and accomplish the protection and (f) Foster homes for less than five (5) children enhancement of the quality of residential life in licensed under section 48.62, Wis. Stats. Dane County by restricting residential (2) Conditional uses permitted in the R-1 development adjacent to noise producing areas. Residence District. (a) Daycare centers. (2) Authority. This section is enacted under s. (b) Community living arrangements for nine 59.69, Wis. Stats., and section TRANS (9) or more persons. 405.05(2), Wis. Admin. Code. (c) Cemeteries. (3) Designation. All lands subject to this (d) Governmental uses. ordinance lying within 200 feet of a divided (e) Private club houses and fraternity houses highway as defined in s. 340.01(15), Wis. Stats., except when service is provided to the general are hereby designated as subject to this section. public. The county board may add other lands from time (f) Religious uses. to time. Lands subject to this section shall be (g) Dependency living arrangements. designated by attaching the suffix "NCO" to the (h) Schools. zoning district in which the lands are located. (3) Building height limit. (a) For residential (4) Protection. No residential dwelling shall dwelling two and one-half (2-1/2) stories or 35 hereafter be erected in any area designated as feet. part of the Noise Control Overlay District. The (b) Accessory buildings shall not exceed 12 designation "Noise Control Overlay District" shall feet in height. not otherwise affect the uses to which such lands (4) Lot width and area. (a) Unsewered lots may be put by the underlying zoning district. shall be not less than 100 feet in width at the (5) Exceptions. (a) The designation "Noise building setback line and have an area of not Control Overlay District" shall not apply to lands less than 20,000 square feet. zoned for residential use prior to May 1, 1992. (b) Sewered lots shall be not less than 100 (b) The Noise Control Overlay District shall feet in width at the building setback line and not apply to lands on which noise control barriers have an area of not less than 15,000 square have reduced the noise level from traffic to 67 feet. decibels or less. (5) Lot coverage. No building together with its (6) Variances. The board of adjustment is accessory buildings shall occupy in excess of 30 empowered to remove the "Noise Control percent (30%) of the area of an interior lot or 35 Overlay District" from lands to which it applies percent (35%) of the area of a corner lot. whenever the Wisconsin Department of Transportation consents to such variance and Page 10-16 rev. 013116