The purpose of the AG Agricultural District is to help implement the goals and objectives of the Comprehensive Plan. The long-range goal for agricultural land use in the village is to preserve fertile land for agricultural pursuits and to protect the land best suited for farming from premature urbanization and the encroachment of incompatible land uses which would hinder farm operations and irretrievably deplete agricultural lands. The agricultural district regulations are, therefore, designed to regulate the use of land and buildings within areas of the village where active agricultural activities are occurring and where soil and topographic conditions are best adapted to the pursuit of agricultural land uses. It is essential that scattered, indiscriminate urban development within areas best suited for agriculture be precluded and that orderly urban development be facilitated. It hereby declared the legislative intent and purpose of the AG Agricultural District that land in the village which is productive should remain in productivity until such time as the natural growth of the village precludes its preservation.

In addition, the AG Agricultural District regulations are established to:

1.

Preserve woodlands and wetlands associated with farms which, because of their natural physical features, are useful as water retention and groundwater recharge areas, and as habitat for plant and animal life; and which have an important aesthetic and scenic value which contributes to the unique character of the agricultural district and the County as a whole.

2.

Provide a basis for land tax assessments which reflect its existing agricultural nature and in compliance with these regulations, its limited use for other purposes.

3.

Prevent the conversion of agricultural land to scattered non-farm development which, when unmanaged, unnecessarily increases the cost of public services to all citizens and results in the premature disinvestment in agriculture.

The AG Agricultural District will be designated on the Zoning Map as AG.

Permitted uses in the AG district are listed in Appendix A and are designated with a 'P'.

Home occupations are permitted in the AG district subject to the provisions of Section 8-102 of this Zoning Ordinance.

Special permit uses in the AG district are listed in Appendix A and are designated with an 'S'.

See Article X for common regulations applicable in all districts.

Additional building height, lot area, yard, and dwelling size requirements applicable in the AG district are as set forth in the following table. (See table next page).

A.

Specified Structures Distance from Residential Building. The following structures will not be located closer than 100 feet from a structure on a zoning lot used for residential purposes:

1.

Barns;

2.

Grain silos and elevators; or

3.

Telecommunications towers.

The purpose of the Environmental Protection and Open Space Overlay District (EPOS) is to provide special controls over land development located in sensitive environmental areas within the village. The EPOS regulations are intended to:

1.

Maintain open space and to prevent the irreversible loss of natural resources;

2.

Enhance the safety of residents and property located within areas of special flood hazard;

3.

Maintain and/or improve surface water quality;

4.

Preserve wildlife habitats;

5.

Enhance the aesthetics of site development;

6.

Preserve important scenic vistas which are visible from public rights-of-way;

7.

Maintain soil and slope stability; and

8.

Control the impacts of development on the environment.

In addition to meeting the requirements of the underlying zoning district and these EPOS regulations, development must also meet all of the standards for development as further regulated by all other local, state, and federal agencies having jurisdiction over properties subject to the EPOS regulations.

A.

The locations of the EPOS overlay zone are designated on the zoning map as EPOS and are superimposed over any base zoning district.

B.

The EPOS will overlay all areas designated as environmentally sensitive areas in the Comprehensive Plan (Village of Davis Junction Comprehensive Plan, April 23, 2007, p. 29). The boundaries of an EPOS overlay zone will extend 100 feet outward from the edge of any delineated environmentally sensitive area.

Where the EPOS districts overlays any base zoning district delineated on the zoning map, the requirements of the EPOS must be met in addition to any requirements specified for development in the underlying base zoning district.

No person will conduct any of the following regulated activities unless that person has first applied for and obtained an EPOS development permit pursuant to the requirements of this section:

A.

Construction of new buildings or structures or additions to or modifications of existing buildings or structures.

B.

Construction or placement of any on-site septic or sewage disposal system.

C.

Filling, cutting, or excavation, either on land or within a watercourse.

D.

Removal of natural vegetation.

E.

Discharge of storm water or construction of a private commercial or municipal storm water runoff system.

F.

Outside storage of materials and equipment used in the conduct of a business.

G.

Activities which would alter the natural flow pattern of any of the aforementioned watercourses.

H.

Construction of public or private roads, trails, and bridges.

I.

Boat launching sites and fishing access parking areas.

A.

EPOS Development Permit. An EPOS development permit will be required subject to the provisions of this section and prior to the commencement of any regulated activity or the issuance of any permit for regulated development in a designated EPOS District.

B.

Exempt Activities. The following activities are exempt from the permit procedures of this section:

1.

Lawn and care maintenance;

2.

Gardening activities;

3.

Tree and shrub care maintenance;

4.

Removal of dead or deteriorating vegetation or trees;

5.

Removal of structures;

6.

Repair and maintenance of structures;

7.

Repair and maintenance of faulty or deteriorating sewage facilities or utility lines;

8.

Reconstruction of structures damaged by a natural disaster, provided that the new construction is of the same size and use;

9.

Agricultural activities, except for new or expanded structures;

10.

Any actual or ongoing emergency activity which is immediately necessary for the protection and preservation of life, property, or natural resource values.

C.

Application for a Permit. Applications for EPOS development permits must be made in writing to the Village Clerk, on forms available at Village Hall. The application will be made by the property owner or the property owner's agent and must be accompanied by any materials or information deemed appropriate by the Zoning Administrator. The application must be accompanied by a site plan and other information as required for site plan approval found in Section 11-604 of this zoning ordinance. Each application for an EPOS development permit will be accompanied by the appropriate fee as established in the Village's annual fee ordinance. This fee will be in addition to any other fees required.

D.

Permit Review; Permit Conditions.

1.

For projects requiring site plan approval, the Village Clerk will refer a completed permit application to the Planning and Zoning Commission for a public hearing in accordance with the provisions of this section. The Planning and Zoning Commission will have 60 days from the date of its receipt of a complete application in which to review the application and report its recommendations to the Board of Trustees, who will have 30 days to approve, approve with modification, or reject an EPOS development permit. Wherever possible, public hearings for EPOS permits before the Planning and Zoning Commission will be simultaneously scheduled with public hearings for any other zoning relief requested by the EPOS applicant.

2.

Any EPOS development permit issued by the Village in accordance with the provisions of this section may be issued with conditions, as recommended by the Planning and Zoning Commission and approved by the Board of Trustees. The Board of Trustees may also place conditions on an EPOS development permit. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the purpose and intent and the specific provisions of this section. Every permit issued pursuant to this Section will, at a minimum, contain the following conditions:

a.

The Zoning Administrator will have the right to inspect the project from time to time;

b.

The EPOS development permit will expire within six months of the date issued if the Zoning Administrator determines that construction has not started, or within one year if the Zoning Administrator determines there has not been a substantial amount of work completed after the start of construction; and

c.

The permit holder must notify the Zoning Administrator not less than five days prior to the commencement of any construction activities.

E.

Letters of Credit.

1.

Following approval of an application for an EPOS development permit, and prior to the issuance of any building or other permit, the applicant must furnish the Zoning Administrator with an irrevocable letter of credit in an amount to be established by the Board of Trustees after review and recommendation by the Village Engineer. The letter of credit must conform to the requirements set forth in section 38-144 of the Subdivision and Development Ordinance and be issued in an amount sufficient to cover the costs of compliance, contingencies, and inspection of the various specifications and conditions of the EPOS development permit. The purpose of the letter of credit will be to ensure that all items, activities, or structures specified in the approved plans are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Zoning Administrator.

2.

The irrevocable letter of credit will continue in full force and effect until such time as the Village Engineer has certified that, based upon a site inspection, all specifications, requirements, and permit conditions have been completed and complied with. At such time, the letter of credit will be released to the applicant. Where the Village Engineer finds noncompliance with permit conditions, the Zoning Administrator may deduct or withhold an amount from the letter of credit sufficient to cover the cost of compliance with any requirements, specifications, or permit conditions.

The Zoning Administrator may suspend or revoke an EPOS development permit issued in accordance with the provisions of this Section. Suspension or revocation will be based upon evidence that the applicant has not complied with any or all terms or conditions of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in the approved plans. The Zoning Administrator will, in writing, notify the applicant of this finding and the reasons for revoking or suspending a permit issued pursuant to this Section.

In granting, denying, or conditioning any application for an EPOS development permit, the Planning and Zoning Commission and Board of Trustees will consider the effect that the proposed regulated activity will have on the public health, safety, and welfare and the protection of the environmentally sensitive areas within the Village.

A.

General Regulations. Any applicant for a permit to undertake a regulated activity within a EPOS overlay district will be required to adequately demonstrate that the proposed activity will in no way at present, or at any time in the future, adversely affect the following:

1.

Water quality;

2.

Water course flood carrying capacities;

3.

Rate of sedimentation;

4.

Rate and velocity of ground water runoff;

5.

Natural characteristics of the watercourse;

6.

Any proposed structure will not interfere with the scenic open space views; and

7.

Scenic of trees and other.

B.

Specific Standards. No permit to undertake a regulated activity within the EPOS overlay zone will be issued unless the Planning and Zoning Commission finds, and the Board of Trustees determines, that the proposed project complies with the following standards:

1.

The proposed activity provides adequate measures to prevent disruption and pollution of fish and wildlife habitats and freshwater wetlands, storm water runoff, septic and sewage systems, and any other activity on the site;

2.

A natural vegetative buffer of 100 feet from each edge of an environmentally sensitive area is retained to absorb floodwaters, to trap sediments, to protect adjacent fish and wildlife habitats, and protect scenic open space areas;

3.

Site preparation, including stripping of vegetative cover or grading, will be undertaken so that the amount of time that disturbed ground surfaces are exposed to rainfall and runoff water is limited. Disturbed soils will be stabilized and revegetated before construction can begin. During the interim, erosion protection measures, including, but not limited to, vegetation, retention ponds, recharge basins, berming, silt traps, and mulching, will be used to ensure that sedimentation is minimized and mitigated;

4.

The construction project and development will provide adequate measures to protect surface waters and ground waters from direct or indirect pollution and from overuse;

5.

Fill will not encroach on natural watercourses or constructed channel areas. All fill will be compacted at a final angle of repose that provides stability for the material, minimizes erosion, and prevents settlement;

6.

Roads, trails, and walking and biking paths along environmentally sensitive areas will be sited and constructed so they are not a source of runoff and sedimentation. All roads, trails, and walking and biking paths will be constructed and sited in a manner as to maximize the visual opportunities of an environmentally sensitive area while maintaining the scenic qualities of the environmentally sensitive area;

7.

No new dock, boat launching site, or fishing access and parking area will be constructed unless it is shown that it will not impede the natural flow of the streams to which this section applies. These facilities must be located and constructed so as to minimize their intrusion into the streams and avoid adverse environmental impact and unreasonable impacts upon public use of the waters;

8.

New structures, except for fences, bridges, and fishing access parking areas, will be constructed within 75 feet of the bank of an environmentally sensitive area;

9.

Building design and site development will ensure for the minimum visual interference or blocking of open space views from along the adjacent public right-of-way; and

10.

No accessory structures will be allowed in any yard that interferes with open space views.

C.

Conservation Restrictions. Where regulated activity is in an area delineated as an EPOS overlay zone, the Planning and Zoning Commission may recommend and the Board of Trustees may restrict or prohibit the following activities within the EPOS portion of the site:

1.

Construction, including, but not limited to, structures, roads, bridges, drainage facilities, barns and sheds for animals and livestock, and fences;

2.

Clear-cutting of trees or removal of vegetation or other ground cover;

3.

Change in the natural flow of a stream or disturbance of a streambed;

4.

Placement of septic or other sewage disposal systems; and

5.

The use of motorized vehicles, including, but not limited to, all-terrain vehicles, motorcycles, snowmobiles, and motorbikes.

The RC Rural Cluster Overlay District is established to permit residential cluster development in all areas zoned in the AG Agricultural base zoning district to:

1.

Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;

2.

Protect environmentally sensitive areas of a development site and preserve on a permanent basis productive and prime agricultural land, open space, and natural features;

3.

Decrease or minimize non-point source pollution impacts by reducing the amount of impervious surfaces in site development;

4.

Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets; and

5.

Provide opportunities for social interaction and walking and hiking in open space areas.

The locations of the residential cluster overlay zone are designated on the zoning map as RC and are superimposed over the AG base zoning district.

Where the RC districts overlays any AG base zoning district delineated on the zoning map, the requirements of the RC must be met in addition to any requirements specified for development in the underlying AG base zoning district.

The regulations set forth in this Section will apply to any proposed residential subdivision in the AG district that is two-acres or more in area.

The building height, lot area, yard, and dwelling size requirements applicable in the RC overlay zone are as set forth in the following table. (See table next page).

A.

Specified Structures and Uses in Required Yards. See Section 10-106.

B.

Agricultural Fields Buffer. A 25-foot landscaped buffer must be maintained between any residential cluster subdivision and agricultural field or fields.

C.

Multiple Principle Structures on a Zoning Lot. More than one principal building or structure may be placed on a zoning lot.

D.

Residential Subdivision Containing Environmentally Sensitive Areas. A residential cluster subdivision that has areas designated as environmentally sensitive areas, as defined in the Comprehensive Plan (Village of Davis Junction Comprehensive Plan, April 23, 2007, p. 29), may use the entire area toward the 25% dedicated open space requirement for the subdivision.

All proposed residential cluster subdivisions will be reviewed and approved as planned developments in accordance with Section 11-603 of this zoning ordinance.

A.

All residential subdivisions in the RC overlay zone will be subject to the development requirements set forth in the Village of Davis Junction Subdivision and Development Ordinance.

B.

An applicant for approval of a residential cluster subdivision may request in writing a reduction of the required pavement width of any streets. The Planning and Zoning Commission may recommend and the Board of Trustees may approve such reductions, but any such reduction will not reduce the width of a street to less than 22 feet.

Public open space in a residential cluster subdivision will be conveyed in accordance with the requirements set forth in the Village of Davis Junction Subdivision and Development Ordinance.