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Chapter 10 purposes, agricultural accessory buildings are the Noise Control Overlay District. The designation permitted but are limited to barns, sheds, silos and "Noise Control Overlay District" shall not otherwise the like that are necessary to an agricultural use. affect the uses to which such lands may be put by the (2) Height. No building or structure shall be underlying zoning district. erected, nor shall any existing building or structure (5) Exceptions. be removed, reconditioned, added to or structurally (a) The designation "Noise Control Overlay altered to exceed in height the limit established by District" shall not apply to lands zoned for this ordinance for the district in which that building residential use prior to May 1, 1992. or structure is located. (b) The Noise Control Overlay District shall (3) Percentage of lot occupancy. No building or not apply to lands on which noise control barriers structure shall hereafter be erected, nor shall any have reduced the noise level from traffic to 67 existing building be moved, altered, enlarged or decibels or less. rebuilt, nor shall any open spaces surrounding any (6) Variances. The board of adjustment is building or structure be encroached upon or reduced empowered to remove the "Noise Control Overlay in any manner, nor shall a greater percentage of lot District"from lands to which it applies whenever the be occupied, except in conformity to the building site Wisconsin Department of Transportation consents to requirements and the area and yard regulations such variance and the board of adjustment otherwise established by this ordinance, for the district in finds that the protections afforded by such overlay which such building is located. district are no longer necessary for the purposes set (4) Density of population. No building, structure forth herein. or premises shall be erected, occupied or used so as (7) Compensation. Where the designation of a to provide a greater density of population than is particular parcel of land as subject to this section allowed by the terms of this ordinance for the district results in a property owner being deprived of all, or in which such building, structure or premises is substantially all,of the beneficial use of the property, located. compensation shall be paid as provided for by law. (5) Open space limitations. No yard or other [ History: 10.045 cr., Sub. 1 to O.A. 35, 1991-92, open space provided about any building or structure pub. 04/22/92. for the purpose of complying with the regulations of this ordinance shall be considered as providing yard 10.05 R-1 RESIDENCE DISTRICT. or open space for any other building or structure. No (1) Permitted uses. lot area shall be so reduced or diminished that the (a) Single family detached dwellings. yard or other space shall be smaller than prescribed (b) Utility services. by this 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. necessary to permit use on the premises. (1) Statement of Purpose. The purpose of the (e) Community living arrangements for less Noise Control Overlay District is to effect and than nine(9)persons. accomplish the protection and enhancement of the (f) Foster homes for less than five (5) quality of residential life in Dane County by children licensed under section 48.62,Wis. Stats. restricting residential development adjacent to noise (2) Conditional uses permitted in the R-1 producing areas. Residence District. (2) Authority. This section is enacted under s. (a) Daycare centers. 59.97, Wis. Stats., and section TRANS 405.05(2), (b) Community living arrangements for Wis. Admin. Code. nine(9)or more persons. (3) Designation. All lands subject to this (c) Cemeteries. ordinance lying within 200 feet of a divided highway (d) Governmental uses. as defined in s. 340.01(15), Wis. Stats., are hereby (e) Private club houses and fraternity houses designated as subject to this section. The county except when service is provided to the general board may add other lands from time to time. Lands public. subject to this section shall be designated by (f) Religious uses. attaching the suffix "NCO" to the zoning district in (g) Dependency living arrangements. which the lands are located. (3) Building Height Limit. (4) Protection. No residential dwelling shall (a) For residential dwelling two and one-half hereafter be erected in any area designated as part of (2-1/2)stories or 35 feet. Page 10