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10 - 10 (4) Density of. population. No building, protections afforded by such overlay district are no structure or premises shall be erected, occupied longer necessary for the purposes set forth herein. or used so as to provide a greater density of (7) Compensation. Where the designation of a population than is allowed by the terms of this particular parcel of land as subject to this section ordinance for the district in which such building, results in a property owner being deprived of all, structure or premises is located. or substantially all, of the beneficial use of the (5) Open space limitations. No yard or other property, compensation shall be paid as provided open space provided about any building or for by law. structure for the purpose of complying with the [ History: 10.045 cr., Sub. 1 to O.A. 35, 1991-92, regulations of this ordinance shall be considered pub. 04/22/92.] as providing yard or open space for any other building or structure. No lot area shall be so 10.05 R-1 RESIDENCE DISTRICT. ,(1) Permitted reduced or diminished that the yard or other uses. (a) Single family detached dwellings. space shall be smaller than prescribed by this (b) Utility services. chapter. (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 than to effect and accomplish the protection and 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. 59.97, Wis. Stats., and section TRANS 405.05(2), (b) Community living arrangements for nine (9) Wis.Admin. Code. 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. (3) Building Height Limit. (a) For residential (4) Protection. No residential dwelling shall dwelling two and one-half(2-1/2) stories or 35 feet. hereafter be erected in any area designated as (b) Accessory buildings shall not exceed 12 feet part of the Noise Control Overlay District. The in height. designation "Noise Control Overlay District" (4) Lot Width And Area. (a) Unsewered lots shall not otherwise affect the uses to which such shall be not less than 100 feet in width at the lands may be put by the underlying zoning building setback line and have an area of not less district. than 20,000 square feet. (5) Exceptions. (a) The designation "Noise (b) Sewered lots shall be not less than 100 feet Control Overlay District" shall not apply to lands in width at the building setback line and have an zoned for residential use prior to May 1, 1992. area of not less than 15,000 square feet. (b) The Noise Control Overlay District shall (5) Lot Coverage. No building together with its not apply to lands on which noise control accessory buildings shall occi'py in excess of 30 barriers have reduced the noise level from traffic percent (30%) of the area of an interior lot or 35 to 67 decibels or less. percent(35%) of the area of a corner lot. (6) Variances. The board of adjustment is (6) Setback requirements. Setback from front lot empowered to remove the "Noise Control line or highway:right-of-way lines shall conform to Overlay District" from lands to which it applies the requirements of section 10.17. whenever the Wisconsin Department of (7) Side yard requirements. There shall be total Transportation consents to such variance and the side yards of not less than 25 feet and no single board of adjustment otherwise finds that the side yard shall be less than 10 feet. • rev. 103194 •