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10.04(3) — 10.05(4) any building or structure be encroached upon or (6) Variances. The board of adjustment is reduced in any manner, nor shall a greater empowered to remove the "Noise Control percentage of lot be occupied, except in Overlay District" from lands to which it applies conformity to the building site requirements and whenever the Wisconsin Department of the area and yard regulations established by this Transportation consents to such variance and ordinance, for the district in which such building the board of adjustment otherwise finds that the is located. protections afforded by such overlay district are (4) Density of population. No building, no longer necessary for the purposes set forth structure or premises shall be erected, occupied herein. or used so as to provide a greater density of (7) Compensation. Where the designation of population than is allowed by the terms of this a particular parcel of land as subject to this ordinance for the district in which such building, section results in a property owner being structure or premises is located. deprived of all, or substantially all, of the (5) Open space limitations. No yard or other beneficial use of the property, compensation open space provided about any building or shall be paid as provided for by law. structure for the purpose of complying with the [History: 10.045 cr., Sub. 1 to OA 35, 1991-92, pub. regulations of this ordinance shall be considered 04/22/92; (2)am.,OA 43, 1996-97,pub.06/17/97.] as providing yard or open space for any other 10.05 R-1 RESIDENCE DISTRICT. (1) building or structure. No lot area shall be so reduced or diminished that the yard or other Permitted uses. (a) Single family detached space shall be smaller than prescribed by this dwellings. chapter. (b) Utility services. [History:(1)am.,OA 10, 1999-2000,pub.04/20/00.] (c) Home occupations, as defined in section 10.01(25). 10.045 NCO NOISE CONTROL OVERLAY (d) Uses and buildings, clearly incidental and DISTRICT. (1) Statement of purpose. The necessary to permit use on the premises. purpose of the Noise Control Overlay District is (e) Community living arrangements for less to effect and accomplish the protection and than nine (9) persons. enhancement of the quality of residential life in (f) Foster homes for less than five (5) children Dane County by restricting residential licensed under section 48.62, Wis. Stats. development adjacent to noise producing areas. (2) Conditional uses permitted in the R-1 (2) Authority. This section is enacted under s. Residence District. (a) Daycare centers. 59.69, Wis. Stats., and section TRANS (b) Community living arrangements for nine 405.05(2), Wis. Admin. Code. (9) or more persons. (3) Designation. All lands subject to this (c) Cemeteries. ordinance lying within 200 feet of a divided (d) Governmental uses. highway as defined in s. 340.01(15), Wis. Stats., (e) Private club houses and fraternity houses are hereby designated as subject to this section. except when service is provided to the general The county board may add other lands from time public. to time. Lands subject to this section shall be (f) Religious uses. designated by attaching the suffix "NCO" to the (g) Dependency living arrangements. zoning district in which the lands are located. (h) Schools. (4) Protection. No residential dwelling shall (3) Building height limit. (a) For residential hereafter be erected in any area designated as dwelling two and one-half (2-'/2) stories or 35 part of the Noise Control Overlay District. The feet. designation "Noise Control Overlay District" shall (b) Accessory buildings shall not exceed 12 not otherwise affect the uses to which such lands feet in height. (4) Lot width and area. (a) Unsewered lots may be put by the underlying zoning district. ( ) ( ) (5) Exceptions. (a) The designation "Noise shall be not less than 100 feet in width at the Control Overlay District" shall not apply to lands building setback line and have an area of not zoned for residential use prior to May 1, 1992. less than 20,000 square feet. (b) The Noise Control Overlay District shall (b) Sewered lots shall be not less than 100 not apply to lands on which noise control barriers feet in width at the building setback line and have reduced the noise level from traffic to 67 have an area of not less than 15,000 square ` decibels or less. feet. • Page 10-11 rev. 103102