(a)

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 Law to permit eligible landowners to receive tax credits under Wis. Stats. § 71.09(11).

(b)

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.

(c)

The plan commission may consider a rezone out of A-X Exclusive Agriculture District after holding a public hearing pursuant to Wis. Stats., § 91.48, if all of the following apply:

(1)

The political subdivision finds all of the following, after 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 city shall, by March 1 of each year, provide a rezone report and map to DATP and Dane County identifying the number of acres rezoned out of A-X.

(Ord. No. 2010-O-09, § 22.70, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012; Ord. No. 2015-O-01, § 2, 2-24-2015)

For the A-X Exclusive Agriculture District, permitted uses are as follows:

(1)

Agricultural uses, provided that a facility used to keep cattle, swine, poultry, sheep or goats will have less than 500 animal units.

(2)

New farm residence that is the only residence on the farm and is occupied by an individual who earns more than 50 percent of his or her gross income on the farm, subject to the provisions of chapter 24, land division. For more than one farm residence, see section 22-483(1).

(3)

Existing farm residence.

(4)

The following agricultural accessory uses provided they meet the definition of Wis. Stats. § 91.01(1)(a)(b)or(d)

a.

Roadside stands for the sale of agricultural products produced primarily from that farm operation.

b.

Wind tower, solar panels, or manure digester intended to serve a single farm.

c.

Agricultural entertainment activities anticipated to have an attendance of less than 500 persons at any one time during the day.

d.

Limited vocational activities (refer to section 22-55(2)).

(5)

Undeveloped natural resource and open space areas.

(Ord. No. 2010-O-09, § 22.71, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012; Ord. No. 2015-O-01, § 3, 2-24-2015; Ord. No. 2021-O-12, § 1(Exh. A), 8-24-2021)

In addition to the conditional use requirements in section 22-640, no conditional use in the A-X 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.

The department of agriculture, trade and consumer protection may promulgate rules imposing additional limits on the conditional uses that may be allowed in a farmland preservation zoning district in order for a farmland preservation zoning ordinance to comply with Wis. Stats. § 91.42.

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 percent of his or her gross income on the farm.

(2)

Governmental, institutional, or religious use.

(3)

Transportation, communications, pipeline, electric transmission, utility including wind energy, and drainage use.

(4)

Conversion of existing single-family farm residence to a two-family farm residence, if both residences are to be occupied by an individual who earns more than 50 percent of his or her gross income on the farm.

(5)

Separation of farm residences and related structures which existed prior to the effective date of the ordinance from which this article is derived and which remain after farm consolidation.

(6)

The following agricultural accessory uses, provided they meet the definition of Wis. Stats. § 91.01(1)(a)(b)or(d):

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 500 persons at any one time during the day.

d.

Retail establishments, not including roadside stands, restaurants of any class, or drinking places, for the sale of raw, processed, or value-added agricultural products produced primarily from the farm operation on site;

(7)

Agriculture—Related Uses and any other use that the department of agriculture, trade and consumer protection, by rule identifies as an agriculture-related use, such as:

(a)

Agricultural equipment dealership.

(b)

Agricultural research facilities.

(c)

Grain elevators.

(d)

Manure digesting facilities which serve more than one farm operation.

(e)

Agricultural products processing facilities, including, but not limited to, those related to livestock, aquaculture, and byproducts thereof, and crops.

(f)

Feed mills.

(g)

Animal feed storage facilities.

(h)

Agricultural related educational facilities, such as secondary schools, community college or university facilities to support agricultural course work.

(8)

Nonmetallic mineral extraction operations that comply with Wis. Stats. § 91.46(6).

(9)

A new or expanded facility that will be used to keep cattle, swine, poultry, sheep or goats, and that will have more than 500 animal units, if the proposed facility meets the standards prescribed in ch. ATCP 51, Wis. Adm. Code.

(Ord. No. 2010-O-09, § 22.72, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012; Ord. No. 2021-O-12, § 1(Exh. A), 8-24-2021)

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: ten 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 residential district.

(11)

General provisions:

a.

Any lot or parcel shown in a preliminary subdivision plat or a certified survey map which has been received for review by the agency prior to the effective date of the A-X Exclusive Agriculture District shall have the same status as pre-existing lots.

b.

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.

c.

Any pre-existing residential building or its accessory building that is located on a lot that does not meet the area requirements of section 22-58 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 R-L Residence District are complied with.

(Ord. No. 2010-O-09, § 22.73, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

(a)

The purpose of the A-T Transitional Agriculture District is to provide a non-certified agricultural zoning district to preserve productive farm operations. Productive farm operations include 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. The A-T district does not qualify for farmland preservation tax credits.

(b)

The permitted and conditional uses and dimensional standards required in the A-T district are the same as the A-X district.

(Ord. No. 2010-O-09, § 22.74, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

(a)

The purposes of the A-S Small Lot Agriculture District are to:

(1)

Preserve productive agricultural land for food and fiber production;

(2)

Maintain a viable agricultural base to support agricultural processing and service industries;

(3)

Prevent conflicts between incompatible uses; and

(4)

Reduce costs for providing services to scattered nonfarm uses on zoning lots below 35 acres in size.

(b)

This district may be applied to areas where smaller agricultural parcels form a portion of a contiguous agricultural block of land and where non-agricultural development would be incompatible with surrounding agricultural uses. The A-S district is also intended to ensure that urban agriculture and community gardens in the urban service area are located to meet the needs for local food production. The A-S district is not intended for residences. The A-S district does not qualify for farmland preservation credit.

(c)

This district may also be used as a temporary holding zone for outlots created for staging purposes and which are to be replatted and developed at a later date consistent with the comprehensive plan.

(Ord. No. 2010-O-09, 10-12-2010)

For the A-S Small Lot Agriculture District, permitted uses are as follows:

(1)

Agricultural uses. The number of livestock kept on a zoning lot in the A-S district shall not exceed one animal unit for each full acre.

(2)

Roadside stands for the sale of agricultural products produced primarily from that farm operation.

(3)

Undeveloped and natural resource and open spaces areas.

(4)

Structures and improvements that are consistent with agricultural uses such as, but not limited to, barns, silos, livestock shelters or storage sheds for farm equipment.

(5)

Agricultural entertainment activities anticipated to have an attendance of less than 150 persons at any one time during the day.

(6)

Wind tower, solar panels, or manure digester intended to serve a single farm.

(Ord. No. 2010-O-09, 10-12-2010; Ord. No. 2021-O-12, § 1(Exh. A), 8-24-2021)

For the A-S Small Lot Agriculture District, conditional uses are as follows:

(1)

Additional livestock over the one animal unit per full acre.

(2)

Agriculture-related uses and any other use that the state department of agriculture, trade and consumer protection by rule identifies as an agriculture-related use, such as:

a.

Agricultural equipment dealership.

b.

Agricultural research facilities.

c.

Grain elevators.

d.

Manure digesting facilities which serve more than one farm operation.

e.

Agricultural products processing facilities, including, but not limited to, those related to livestock, aquaculture, and byproducts thereof, and crops.

f.

Feed mills.

g.

Animal feed storage facilities.

h.

Agricultural related educational facilities, such as secondary schools, community college or university facilities to support agricultural course work.

(3)

Retail establishments, not including roadside stands, restaurants of any class, or drinking places, for the sale of raw, processed, or value-added agricultural products produced primarily from the farm operation on site;

(4)

Agricultural entertainment activities anticipated to have an attendance of more than 150 persons at any one time during the day;

(5)

Rural event venue:

a.

All applicable rules, regulations, and requirements not identified in the following, b.—o., shall be met.

b.

Minimum lot size shall be three acres, maximum lot size shall be ten acres, with the exception of an existing A-S lot which shall follow the minimum and maximum lot size of the A-S zoning district, and the venue shall be part of a farm, defined herein as all land under common ownership that is primarily devoted to agricultural use, with said use defined in section 22-651 herein.

c.

Any new building shall also house one or more of the following uses:

1.

Agricultural entertainment.

2.

Retail establishments, not including roadside stands, restaurants of any class, or drinking places, for the sale of raw, processed, or value-added agricultural products produced primarily from the farm operation on site.

d.

A 200 foot open buffer shall be provided on all sides of the property not abutting a public roadway. Event activities are not permitted within this buffer area. Where possible, agricultural crops or suitable landscaping shall remain or be grown in the buffer area, to maintain the rural/agricultural character of the site. Buffer content shall be subject to review and approval of the fire inspector. This buffer requirement may be increased, decreased, or waived at the discretion of the plan commission.

e.

Buffer plantings shall be provided along a property line where there is an abutting residence to screen views, lights and noise from the operation. Plantings shall be as specified in the conditional use permit.

f.

The increase in traffic generated by the venue shall not create a nuisance to nearby residents by way of traffic, noise, or significant increases in parking on public ways.

g.

Parking may be either gravel or paved as determined by the plan commission. Overflow parking on grass or hay areas is permissible.

h.

Parking areas of any type shall not be located in the required buffer area or within any other setback areas required by this section.

i.

Signage and site lighting shall comply with city ordinances. Lighting shall be the minimum necessary to provide for site safety and comply with ordinance standards. Lighting shall be directed away from adjacent properties.

j.

Structures shall meet Fire Code standards for public assembly and shall be inspected by the fire inspector prior to occupancy.

k.

The display of fireworks on the site is permitted only following issuance of a separate fireworks permit from the city. Outdoor bonfires are allowed only after prior written approval of the fire inspector. The launching of fire kites is prohibited.

l.

Amplified music and dancing are permitted only within the venue as part of the conditional use permit. Outside amplified music is only permitted by a sound permit per existing city ordinance, issued prior to each such event.

m.

The sale and consumption of alcohol beverages on the premises are subject to the city's licensing requirements, and all other applicable regulations. A license is not required for events where alcohol beverages are brought to the venue premises and offered on a complimentary basis to guests. The serving area for alcohol beverages shall not exceed 1,200 square feet. Additionally, no money may exchange hands for events, including, but not limited to, entrance fees, donations, raffles, food or plate charge, to the portion of the license not required.

n.

The following accessory uses are permitted on the site following issuance of the required conditional use permit:

1.

Non-motorized playground equipment.

2.

Wagon, sleigh, and hay rides.

3.

Animal displays, petting farms, and pony rides.

4.

An outdoor site for conducting wedding ceremonies.

5.

Food preparation facilities to support on-site activities.

6.

Seasonal outdoor mazes of agricultural origin, such as of corner hay/straw bales design.

o.

Conditional use permit applicants shall provide the following information at the time of application:

1.

All information not identified in the following, 2.—11., but required per the city's existing conditional use permit application.

2.

Size of venue and guest capacity, including a floor plan of the venue and other areas/structures to be utilized, provision of restroom facilities (temporary, portable restroom facilities are prohibited), and location of refuse/recycling receptacles and disposal method.

3.

Signage and lighting plan.

4.

Months (seasons) and hours/days of operation.

5.

Primary types of events to be hosted and events which will not be hosted, to include descriptions of proposed accessory activities such as hayrides, petting farms, bonfires, etc.

6.

Anticipated number of events per year and maximum number of attendees per event.

7.

Music use at the venue, including types of sound amplification.

8.

Temporary structures or tents to be used in association with events.

9.

Acknowledgment of placement of a deed restriction on the property, to be recorded at the time of issuance of the conditional use permit, ensuring rural event venue use, or another permitted/conditional use as allowed in the Agriculture-Small (A-S) zoning district, in to perpetuity or to such time as the city extinguishes said restriction.

10.

Insurance coverage.

11.

Any other documentation required by the zoning administrator.

(Ord. No. 2010-O-09, 10-12-2010; Ord. No. 2021-O-12, § 1(Exh. A), 8-24-2021)

For the A-S Small Lot Agriculture District, dimensional standards are as follows:

(1)

Minimum parcel size:

a.

Three acres.

(2)

Maximum parcel size: Less than 35 acres.

(3)

Front setback: 35 feet.

(4)

Side setback: ten feet.

(5)

Rear setback: 50 feet.

(6)

Side setback for barns, feeding or loafing sheds, hog houses and the like: 100 feet if adjacent to residential district.

(7)

Side yard abutting public street: 30 feet.

(8)

Maximum building height: 45 feet, except there is no height limitation for farm buildings. Other structures may exceed 45 feet on a conditional use basis.

(Ord. No. 2010-O-09, 10-12-2010; Ord. No. 2013-O-33, § 1, 1-14-2014)