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Dane Village City Zoning Code

ARTICLE III

District Regulations

§ 520-15 Establishment of districts; Zoning Map; district boundaries.

A. 
The following zoning districts are hereby established in the Village of Dane:
(1) 
R-1 Single-Family Residential (Low-Density) District.
(2) 
R-2 Single-Family Residential (Medium-Density) District.
(3) 
R-3 Two-Family Residential District.
(4) 
R-4 Multifamily Residential District.
(5) 
A-X Exclusive Agriculture District.
[Amended 12-1-2014 by Ord. No. 2014-02]
(6) 
B-1 Commercial District.[1]
[1]
Editor's Note: Original Sec. 13-1-20(a)(7), establishing the B-2 Highway Commercial District, which immediately followed this subsection, was repealed 9-10-2012 by Ord. No. 2012-04.
(7) 
I-1 Industrial District.
(8) 
C-1 Conservancy District.
(9) 
MH-1 Mobile Home Park District.
(10) 
RD Rural Development District.
[Added 9-10-2012 by Ord. No. 2012-04]
B. 
The boundaries of the aforesaid districts are hereby established as shown on the "Official Zoning Map" of the Village. Such map, together with a copy of this chapter, shall be available for public inspection in the office of the Village Clerk-Treasurer. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
[Amended 9-10-2012 by Ord. No. 2012-04]
C. 
The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the Zoning Map indicates that the various districts are approximately bounded by the center line of a street or alley, such street or alley center line shall be construed to be the district boundary line.
D. 
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the Zoning Map are approximately bounded by lot lines, said lot lines shall be construed to be the boundaries of the district.
E. 
In unsubdivided property, the district boundary lines shown on the Zoning Map shall be determined by use of the scale shown on such map.

§ 520-16 R-1 Single-Family Residential (Low-Density) District.

A. 
Permitted uses and structures. The following uses of land are permitted in the R-1 District:
(1) 
Single-family detached dwellings, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single-family dwelling."
(2) 
Manufactured homes complying with all of the following requirements and limitations:
(a) 
The home shall be a double-wide of at least 24 feet in width and 36 feet in length.
(b) 
The home shall be installed on an approved foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector and/or Village Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.
(c) 
The home shall be equipped with foundation siding which, in design, color and texture, appears to be an integral part of the adjacent exterior wall of the manufactured home.
(d) 
The home shall be covered by a roof pitched at a minimum slope of two inches in 12 inches, which is permanently covered with nonreflective material.
(e) 
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Dane.
(3) 
Community living arrangements and day-care centers which have a capacity for eight or fewer persons.
(4) 
Foster family care.
(5) 
Home occupations and professional home offices under § 520-48.
(6) 
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.
B. 
Conditional uses and structures:
(1) 
Agricultural uses.
(2) 
Cemeteries.
(3) 
Churches.
(4) 
Community living arrangements and day-care centers which have a capacity for nine or more persons.
(5) 
Funeral parlors.
(6) 
Greenways and open spaces.
(7) 
Guesthouses/bed-and-breakfast establishments.
[Amended 9-10-2012 by Ord. No. 2012-04]
(8) 
Governmental and community service buildings and functions.
(9) 
Golf courses.
(10) 
Libraries.
(11) 
Nursery schools.
(12) 
Parks.
(13) 
Playgrounds.
(14) 
Public and private schools.
(15) 
Pumping stations.
(16) 
Swimming pools.
(17) 
Single-family planned residential development.
(18) 
Utility lines.
C. 
Lot size:
[Amended 4-12-2016 by Ord. No. 2016-01]
(1) 
Width: 80 feet minimum.
(2) 
Area: 10,890 square feet minimum.
D. 
Building height: 35 feet maximum.
E. 
Yards:
[Amended 4-12-2016 by Ord. No. 2016-01]
(1) 
Street: 25 feet minimum.
(2) 
Rear: 25 feet minimum.
(3) 
Side: 10 feet minimum, each side.

§ 520-17 R-2 Single-Family Residential (Medium-Density) District.

A. 
Permitted uses and structures. The following uses of land are permitted in the R-2 District:
(1) 
Single-family detached dwellings, excluding all mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single-family dwelling."
(2) 
Manufactured homes complying with all of the following requirements and limitations:
(a) 
The home shall be a double-wide of at least 24 feet in width and 36 feet in length.
(b) 
The home shall be installed on an approved foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector and/or Village Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.
(c) 
The home shall be equipped with foundation siding which, in design, color and texture, appears to be an integral part of the adjacent exterior wall of the manufactured home.
(d) 
The home shall be covered by a roof pitched at a minimum slope of two inches in 12 inches, which is permanently covered with nonreflective material.
(e) 
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Dane.
(3) 
Community living arrangements and day-care centers which have a capacity for eight or fewer persons.
(4) 
Foster family care.
(5) 
Home occupations and professional home offices under § 520-48.
(6) 
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.
B. 
Conditional uses and structures:
(1) 
Agricultural uses.
(2) 
Cemeteries.
(3) 
Churches.
(4) 
Community living arrangements and day-care centers which have a capacity for nine or more persons.
(5) 
Golf courses.
(6) 
Governmental and community service buildings and functions.
(7) 
Greenways and open spaces.
(8) 
Guesthouses.
(9) 
Nursery schools.
(10) 
Nursing homes.
(11) 
Parks.
(12) 
Playgrounds.
(13) 
Public and private schools.
(14) 
Pumping stations.
(15) 
Single-family planned unit development.
(16) 
Swimming pools and utility lines.
(17) 
Bed-and-breakfast establishments.
[Added 9-10-2012 by Ord. No. 2012-04]
(18) 
Two-family dwellings.
[Added 4-12-2016 by Ord. No. 2016-01]
C. 
Lot size:
[Amended 4-12-2016 by Ord. No. 2016-01]
(1) 
Width: 60 feet minimum.
(2) 
Area: 7,000 square feet minimum.
D. 
Building height: 35 feet maximum.
E. 
Yards:
[Amended 4-5-2004; 4-12-2016 by Ord. No. 2016-01]
(1) 
Street: 20feet minimum.
(2) 
Rear: 25 feet minimum.
(3) 
Side: 10 feet minimum, each side.

§ 520-18 R-3 Two-Family Residential District.

A. 
Permitted uses and structures: two-family dwellings and their accessory structures or uses.
B. 
Conditional uses and structures:
(1) 
Agricultural uses.
(2) 
Cemeteries.
(3) 
Churches.
(4) 
Governmental and community service buildings and functions.
(5) 
Greenways and open spaces.
(6) 
Home occupations.
(7) 
Parks.
(8) 
Playgrounds.
(9) 
Private stables.
(10) 
Public and private schools.
(11) 
Utility lines.
(12) 
Bed-and-breakfast establishments.
[Amended 9-10-2012 by Ord. No. 2012-04]
C. 
Lot size:
(1) 
Width: 90 feet minimum.
(2) 
Area: 12,150 square feet minimum.
D. 
Building height: 35 feet maximum.
E. 
Yards:
[Amended 4-5-2004; 4-12-2016 by Ord. No. 2016-01]
(1) 
Street: 25 feet minimum.
(2) 
Rear: 25 feet minimum.
(3) 
Side: 10 feet minimum, each side.

§ 520-19 R-4 Multifamily Residential District.

A. 
Permitted uses: multifamily uses, provided they conform to the regulations below.
[Amended 4-12-2016 by Ord. No. 2016-01]
B. 
Conditional uses and structures:
(1) 
Cemeteries.
(2) 
Churches.
(3) 
Governmental and community service buildings and functions.
(4) 
Greenways and open spaces.
(5) 
Nursing homes.
(6) 
Parks.
(7) 
Playgrounds.
(8) 
Pumping stations.
(9) 
Public and private schools.
(10) 
Single-family planned residential development.
(11) 
Utility lines.
(12) 
Bed-and-breakfast establishments.
[Amended 9-10-2012 by Ord. No. 2012-04]
C. 
Lot size:
(1) 
Width: 90 feet minimum.
(2) 
Area: 12,150 square feet, plus 2,000 per unit.
[Amended 4-12-2016 by Ord. No. 2016-01]
D. 
Building height: maximum 35 feet or two stories, whichever is the least. (For greater heights, a Fire Department approved sprinkler system is required.)
E. 
Yards:
[Amended 4-5-2004; 4-12-2016 by Ord. No. 2016-01]
(1) 
Street: 30 feet minimum.
(2) 
Rear: 40 feet minimum.
(3) 
Side: 15 feet minimum, each side.
F. 
Other requirements.
(1) 
The recreation space ratio, defined as the minimum square footage of recreation space required for each square foot of floor area, is not less than 0.14.
(2) 
The floor area ratio, defined as the maximum square footage of total floor area permitted for each foot of land area, is not more than 0.325.
(3) 
The open space ratio, defined as the minimum square footage of open space required for each square foot of floor area, is not less than 2.2.
(4) 
The living space ratio, defined as the minimum square footage of nonvehicular outdoor space required for each square foot of floor area, is not less than 1.4.

§ 520-20 RD Rural Development District.

A. 
Permitted uses and structures: agriculture and general farming, except farms feeding offal or garbage, parks, single-family residences and open spaces.
B. 
Conditional uses and structures:
(1) 
Agricultural feeding and processing.
(2) 
Airports.
(3) 
Amusement parks.
(4) 
Campgrounds.
(5) 
Cemeteries.
(6) 
Churches.
(7) 
Columbariums.
(8) 
Driving ranges.
(9) 
Drive-in theaters.
(10) 
Excavating operations.
(11) 
Gas stations.
(12) 
Golf courses.
(13) 
Home occupations.
(14) 
Industrial uses.
(15) 
Mausoleums.
(16) 
Mink farms.[1]
[1]
Editor's Note: Original Sec. 13-1-25(b)(17), listing mobile home parks as a conditional use, which immediately followed this subsection, was repealed 9-10-2012 by Ord. No. 2012-04.
(17) 
Municipal service functions and structures.
(18) 
Nursing homes.
(19) 
Poultry farms.
(20) 
Private stables.
(21) 
Public and private schools.
(22) 
Pumping stations.
(23) 
Sewage disposal plants.
(24) 
Social halls.
(25) 
Shooting clubs.
(26) 
Swimming pools.
(27) 
Taverns.
(28) 
Travel trailer parks.
C. 
Lot size:
(1) 
Width: 270 feet.
(2) 
Area: two acres.
D. 
Building height: 35 feet maximum, except for barns, silos and other buildings which are customarily higher and accessory uses to farming.
E. 
Yards:
(1) 
Street: 30 feet minimum.
(2) 
Rear: 30 feet minimum.
(3) 
Side: 100 feet minimum, each side.

§ 520-21 B-1 Commercial District.

[Amended 4-14-2008]
A. 
Permitted uses and structures:
(1) 
Antique stores and similar secondhand stores, provided that there is no outside storage or display of goods.
(2) 
Appliance and electrical equipment sales and repair.
(3) 
Banks and similar financial institutions.
(4) 
Barbershops.
(5) 
Bars, taverns, and other drinking establishments.
(6) 
Beauty salons.
(7) 
Bowling alleys.
(8) 
Catalogue order stores (not including distribution or storage facilities).
(9) 
Churches.
(10) 
Clothing stores and other similar retail stores.
(11) 
Department stores and other similar variety stores.
(12) 
Drugstores.
(13) 
Funeral parlors.
(14) 
Furniture stores.
(15) 
Gift stores and other similar specialty shops.
(16) 
Government offices.
(17) 
Grocery stores and supermarkets.
(18) 
Hardware stores.
(19) 
Insurance and real estate offices.
(20) 
Laundries and dry cleaners.
(21) 
Libraries.
(22) 
Medical and dental offices.
(23) 
Newspaper and magazine stores.
(24) 
Organization headquarters.
(25) 
Parks and similar open spaces for public use.
(26) 
Personal and business service establishments.
(27) 
Professional offices.
(28) 
Radio stations.
(29) 
Restaurants, cafes, and other similar eating establishments (without drive-up window services).
(30) 
Retail stores (not including outside storage or display of goods).
(31) 
Sporting goods stores.
(32) 
Taverns.
(33) 
Theaters.
(34) 
Other retail stores and services similar to the above uses.
B. 
Conditional uses:
(1) 
Agricultural implement sales and service.
(2) 
Automobile body repair work.
(3) 
Automobile sales and service.
(4) 
Commercial storage and self-serve storage facilities.
(5) 
Contractor's offices.
(6) 
Gas stations.
(7) 
Governmental service functions.
(8) 
Hotels, motels, and other lodging establishments.
(9) 
Retails stores (with outside storage or display of goods).
(10) 
Restaurants, cafes, and other similar eating establishments (with drive-up window services).
(11) 
Wholesale distribution outlets.
(12) 
Other uses similar to the above uses.
C. 
Lot size: no minimum.
D. 
Building height: three stories or 35 feet maximum.
E. 
Yards: to be determined by the Village Board at site plan review.
NOTE: All B-1 uses shall be subject to the site plan review requirements of § 520-92D and shall be consistent with the Downtown Design Guidelines in the Downtown Redevelopment Plan, which has been adopted as a component of the Village of Dane Comprehensive Plan.

§ 520-22 I-1 Industrial District.

A. 
Permitted uses and structures:
(1) 
Automobile sales and service and similar extensive commercial land uses.
(2) 
Automotive body repairs.
(3) 
Automotive upholstery.
(4) 
Agriculture.
(5) 
Breweries.
(6) 
Cleaning.
(7) 
Cosmetics.
(8) 
Commercial greenhouses.
(9) 
Commercial bakeries.
(10) 
Cooperatives.
(11) 
Distributors.
(12) 
Dairy plants.
(13) 
Electric appliances.
(14) 
Electronic devices.
(15) 
Equipment repairs and storage.
(16) 
Farm machinery.
(17) 
Feed mills.
(18) 
Freight terminals and transhipment depots.
(19) 
Freight yards.
(20) 
Greenways and open spaces.
(21) 
Inside storage.
(22) 
Laboratories.
(23) 
Machine shops.
(24) 
Machinery and equipment.
(25) 
Manufacture and bottling of nonalcoholic beverages.
(26) 
Mobile home sales.
(27) 
Pressing and dyeing establishments.
(28) 
Printing.
(29) 
Publishing.
(30) 
Storage and sale of lumber.
(31) 
Railroad depots.
(32) 
Trade and contractor's offices.
(33) 
Warehousing and wholesaling.
(34) 
Manufacturing, fabrication, packing, packaging and assembly of products from:
(a) 
Furs;
(b) 
Glass;
(c) 
Leather;
(d) 
Metals;
(e) 
Paper;
(f) 
Plaster;
(g) 
Textiles; and
(h) 
Wood.
(35) 
Manufacture, fabrication, processing, packaging and packing of:
(a) 
Confections;
(b) 
Cosmetics;
(c) 
Electrical appliances;
(d) 
Electronic devices;
(e) 
Food, except fish and fish products;
(f) 
Meat products and toiletries.
B. 
Conditional uses and structures:
(1) 
Airports.
(2) 
Dumps, disposal areas, earth and sanitary landfill operations.
(3) 
Incinerators and sewage disposal plants.
(4) 
Manufacture and processing of abrasives; acetylene; acid; alkalies; ammonia; asbestos; asphalt; batteries; bedding; bleach; bone; cabbage; candle; carpeting; celluloid; cement; cereals; charcoal; chemicals; chlorine; coal tar; coffee; coke; cordage; creosote; dextrine; disinfectant; dye; excelsior; felt; fish; fuel; furs; gelatin; glucose; gypsum; hair products; ink; insecticide; lime products; linoleum; matches; meat; oil cloth; paint; peas; perfume; pickle; plaster of paris; plastics; poison; potash; pulp; pyroxylin; radium; rope; rubber; sausage; seeds; starch; stove polish; textiles; and varnish.
(5) 
Manufacturing, processing and storage of building materials; explosives; dry ice; fat; fertilizer; flammables; gasoline; glue; grains; grease; lard; radioactive materials; shellac; soap; turpentine; vinegar; and yeast.
(6) 
Bag cleaning.
(7) 
Bleacheries.
(8) 
Canneries.
(9) 
Cold storage warehouses.
(10) 
Electric- and steam-generating plants.
(11) 
Electroplating.
(12) 
Enameling.
(13) 
Lithographing.
(14) 
Bulk gas storage and sales.
(15) 
Offal, rubbish or animal reduction.
(16) 
Oil, coal and bone distillation.
(17) 
Excavating operations.
(18) 
Refineries.
(19) 
Road test facilities.
(20) 
Slaughterhouses.
(21) 
Smelting.
(22) 
Poultry farms.
(23) 
Stockyards.
(24) 
Tanneries.
(25) 
Migrant housing camps.
(26) 
Weaving.
(27) 
Outside storage and manufacturing areas, such as wrecking, junk demolition and scrap yards, shall be surrounded by a solid fence or evergreen planting completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential or commercial structures.
(28) 
Commercial service facilities, such as restaurants and fueling stations, provided all such services are physically and sales oriented toward industrial district users and employees, and other users are only incidental customers.
(29) 
Mobile service facilities, mobile service support structures, and equipment compounds as those terms are defined in § 520-81.1, for the purpose of siting mobile towers and service facilities.
[Added 11-5-2013 by Ord. No. 2013-15]
C. 
Lot size:
(1) 
Width: 90 feet.
(2) 
Area: 21,780 square feet.
[Amended 4-12-2016 by Ord. No. 2016-01]
D. 
Building height: 45 feet maximum.
E. 
Yards:
(1) 
Street: minimum 10 feet.
(2) 
Rear: 30 feet.
(3) 
Side: minimum 10 feet, each side.

§ 520-23 C-1 Conservancy District.

A. 
Permitted uses and structures:
(1) 
The harvesting of wild crops, such as:
(a) 
Berries;
(b) 
Ferns;
(c) 
Hay;
(d) 
Marsh;
(e) 
Moss;
(f) 
Wild rice;
(g) 
Tree fruits; and
(h) 
Tree seeds.
(2) 
Sustained yield forestry.
(3) 
Utilities, such as but not restricted to:
(a) 
Telephone;
(b) 
Telegraph; and
(c) 
Power transmission lines.
(4) 
Fishing, historic, scenic, scientific or wildlife preserve.
(5) 
Nonresident buildings used solely in conjunction with the raising of waterfowl or fish.
(6) 
Hiking trails and bridle paths and accessory uses.
(7) 
Public and private parks and picnic areas, greenways and open spaces.
(8) 
Recreation-related structures not requiring basements.
(9) 
Regulatory signs not over six square feet.
(10) 
General farming, provided no drainage, filling or dredging takes place and no farm buildings are constructed.
B. 
Conditional uses. All conditional uses are subject to the provisions of Article V.
(1) 
Filling, drainage, dredging.
(2) 
Farm structures.
(3) 
Flowages.
(4) 
Golf driving ranges.
(5) 
Ponds.
(6) 
Relocation of watercourses.
(7) 
Removal of topsoil or peat.
(8) 
Campgrounds.
(9) 
Trailer parks.

§ 520-24 A-X Exclusive Agriculture District.

[Amended 9-10-2012 by Ord. No. 2012-04; 12-1-2014 by Ord. No. 2014-02[1]]
A. 
Purpose; intent. The purposes of the A-X Exclusive Agriculture District are to:
(1) 
Preserve productive agricultural land for food and fiber production;
(2) 
Preserve productive farms by preventing land use conflicts between incompatible uses and controlling public service costs;
(3) 
Maintain a viable agricultural base to support agricultural processing and service industries;
(4) 
Prevent conflicts between incompatible uses;
(5) 
Reduce costs for providing services to scattered nonfarm uses;
(6) 
Pace and shape urban growth;
(7) 
Implement the provisions of the county agricultural plan; and
(8) 
Comply with the provisions of the Farmland Preservation Law11 to permit eligible landowners to receive tax credits under § 71.09(11), Wis. Stats.
B. 
Definitions for use in § 520-24. As used in this section, the following terms shall have the meanings indicated:
AGRICULTURAL USE
Any of the following:
(1) 
Any of the following activities conducted for the purpose of producing an income or one livelihood:
(a) 
Crop or forage production.
(b) 
Keeping livestock.
(c) 
Beekeeping.
(d) 
Nursery, sod, or Christmas tree production.
(e) 
Floriculture.
(f) 
Aquaculture.
(g) 
Fur farming.
(h) 
Forest management.
(i) 
Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
(2) 
Any other use that the Department of Agriculture, Trade and Consumer Protection, also known as DATCP, by rule, identifies as an agricultural use.
AGRICULTURE-RELATED USE
Any of the following:
(1) 
An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.
(2) 
Any other use that the Department of Agriculture, Trade and Consumer Protection, also known as DATCP, by rule, identifies as an agriculture-related use.
C. 
Lands included within this district. This district is generally intended to apply to lands in productive farm operations including lands historically exhibiting good crop yields or capable of such yields; lands which have been demonstrated to be productive for dairying, livestock raising and grazing; other lands which are integral parts of such farm operations; land used for the production of specialty crops such as mint, sod, fruits and vegetables; and lands which are capable of productive use through economically feasible improvements such as irrigation.
D. 
The Plan Commission may consider a rezone out of A-X Exclusive Agriculture District after holding a public hearing pursuant to § 91.48, Wis. Stats., if all of the following apply:
(1) 
The political subdivision finds all of the following, after a public hearing:
(a) 
The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.
(b) 
The rezoning is consistent with any applicable comprehensive plan.
(c) 
The rezoning is substantially consistent with the county's certified farmland preservation plan.
(d) 
The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
(2) 
The Village shall, by March 1 of each year, provide a rezone report and map to DATCP and Dane County Planning and Zoning identifying the number of acres rezoned out of A-X Exclusive Agriculture District.
E. 
Permitted uses: For the A-X Exclusive Agriculture District, permitted uses are as follows:
(1) 
New farm residences and their buildings with adjacent service areas that are the only residence on the farm and are occupied by an individual who earns more than 50% of his or her gross income on the farm.
(2) 
Existing farms with their buildings and adjacent service areas.
(3) 
Transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.
(4) 
The following agricultural accessory uses provided they meet the definition of accessory use under § 91.01(1)(a),(b) or (d), Wis. Stats.:
(a) 
Roadside stands for the sale of agricultural products produced primarily from that farm operation.
(b) 
Agricultural entertainment activities anticipated to have an attendance of less than 250 persons at any one time during the day.
(5) 
Undeveloped natural resource and open space areas.
F. 
Conditional uses. No conditional use in the A-X Agriculture District shall be approved by the Plan Commission unless the Commission shall also find:
(1) 
The use and its locations in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.
(2) 
The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
(3) 
The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.
(4) 
The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
(5) 
Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
G. 
For the A-X Exclusive Agriculture District, conditional uses are as follows:
(1) 
A second or subsequent single-family farm residence to be occupied by either a parent or child of the farm operator or an individual who earns more than 50% of his or her gross income on the farm.
(2) 
Governmental, institutional, religious or nonprofit community use.
(3) 
A transportation, communications, pipeline, electric transmission, utility, or drainage use.
(4) 
Conversion of existing family farm residence to a two-family farm residence, if both residences are to be occupied by an individual who earns more than 50% of his or her gross income on the farm.
(5) 
The following agricultural accessory uses, provided they meet the definition of § 91.01(1)(a),(b) or (d), Wis. Stats.:
(a) 
Horse boarding, breeding, training and other equestrian facilities.
(b) 
Bed-and-breakfast establishments.
(c) 
Agricultural entertainment activities anticipated to have an attendance of more than 250 persons at any one time during the day.
(6) 
The following agriculture-related uses:
(a) 
Dairy processing facilities.
(b) 
Feed mills.
(c) 
Animal feed storage facilities.
H. 
For the A-X Exclusive Agriculture District, dimensional standards are as follows:
(1) 
Minimum parcel size: 35 acres.
(2) 
Minimum lot width: 150 feet.
(3) 
Front setback: 35 feet.
(4) 
Side setback: 10 feet.
(5) 
Rear setback: 50 feet.
(6) 
Side yard abutting public street: 30 feet.
(7) 
Maximum height of dwelling structures: 35 feet.
(8) 
Maximum height of farm buildings: no limitation.
(9) 
Maximum height of other structures: 45 feet, may exceed on a conditional-use basis.
(10) 
Side setback for barns, feeding or loafing sheds, hog houses and the like: 100 feet, if adjacent to a residential district.
I. 
General provisions.
(1) 
Any lot or parcel shown in a preliminary subdivision plat or a certified survey map which has been received for review by the Village of Dane prior to the effective date of the A-X Exclusive Agriculture District shall have the same status as preexisting lots.
(2) 
Any preexisting substandard parcels in the A-X Exclusive Agriculture District that have a width of less than 150 feet and have an area of less than five acres do not permit the keeping or raising of livestock.
(3) 
Any lawfully preexisting residential building or its accessory building that is located on a lot that does not meet the area requirements of Chapter 520 and is destroyed by fire, explosion, act of God or act of public enemy, the building may be rebuilt, provided the locational requirements of the district are complied with.
(4) 
Under Chapter 520 Zoning, Article III, District Regulations, § 520-15, Establishment of districts, of the Village of Dane Code of Ordinances, Line 5 will be changed from "A-1 Agriculture District" to "A-X Exclusive Agriculture District" upon certification by DATCP and upon completion of the public hearing and Village Trustee approval in the Village of Dane.
(5) 
Any person who shall violate any provision of this chapter shall be subject to a penalty of up to $1,000.
[1]
Editor's Note: This ordinance provided an effective date of 12-1-2014.

§ 520-25 MH-1 Mobile Home Park District.

[Amended 9-10-2012 by Ord. No. 2012-04]
The regulations for the MH-1 Mobile Home Park District shall be as prescribed by the Village Board of the Village of Dane.