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L <br /> 7 . <br /> (Sec. 10 . 045( 3) con' t) 10-15a i_ ,' <br /> section shall be designated by [ History: Sec. 10. 045 created <br /> attaching the suffix "NCO" to the by Sub. 1 to O.A. 35, 1991-}92, f <br /> zoning district in which the published 04/22/92. ] <br /> lands are located. <br /> ( 4 ) Protection. No residential Section 10.05 R-1 RESIDENCE) <br /> dwelling shall hereafter be �1 ) Permitted uses. <br /> erected in any area designated as --_ <br /> part of the Noise Control Overlay j Single family detached 1 <br /> District . The designation "Noise dwellings. \-- <br /> Control Overlay District" shall .LL Utility services. <br /> not otherwise affect the uses to <br /> which such lands may be put by Home occupations, as defined H <br /> the underlying zoning district. in section 10. 01 ( 25) . <br /> ( 5) Exceptions. .l The desig- 411 Uses and buildings, clearly <br /> nation "Noise Control Overlay incidental and necessary to per- <br /> District" shall not apply to mit use on the premises. <br /> lands zoned for residential use Community living arrange- <br /> prior to May 1, 1992 . ments for less than nine (9) <br /> t- <br /> 11.21 The Noise Control Overlay persons. <br /> District shall not apply to lands If, Foster homes for less than <br /> on which noise control barriers ive ( 5) children licensed under <br /> have reduced the noise level from section 48 . 62, Wis. Stats. <br /> traffic to 67 decibels or less. - <br /> I <br /> (6, Variances. The board of <br /> adjustment is empowered to remove <br /> the "Noise Control Overlay <br /> District" from lands to which it - CONTINUED ON NEXT PAGE - - <br /> applies whenever the Wisconsin <br /> Department of Transportation con- -- <br /> sents to such variance and the ! <br /> board of adjustment otherwise ■ <br /> finds that the protections ___ <br /> afforded by such overlay district <br /> are no longer necessary for the <br /> purposes set forth herein. _ . <br /> (7) Compensation. Where the . <br /> designation of a particular par- <br /> cel of land as subject to this <br /> section results in a property <br /> owner being deprived of all, or ' • <br /> substantially all , of the bene- <br /> ficial use of the property, com- --_ <br /> pensation shall be paid as pro- <br /> vided for by law. ._ <br /> . Fourth Qtr . , Supp. #12, 5/92 <br />