Hobart City Zoning Code
ARTICLE XIX
A-2 Exclusive Agricultural District
§ 295-209 Purpose.
This district provides for the preservation of prime agricultural land for continual farming and other agricultural uses in compliance with Wisconsin Statutes Chapter 91, Farmland Preservation.
§ 295-210 Definitions.
The following definitions are limited in application to the Exclusive Agricultural Zoning District:
Any of the following land uses on a farm:
Any of the following activities conducted for the purpose of producing an income or livelihood:
Crop or forage production.
Keeping livestock.
Beekeeping.
Nursery, sod, or Christmas tree production.
Floriculture.
Aquaculture.
Fur farming.
Forest management.
Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
A facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose:
Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms, including farms in the Farmland Preservation Zoning District.
Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the Farmland Preservation Zoning District.
Slaughtering livestock, including livestock from farms in the Farmland Preservation Zoning District.
Marketing livestock to or from farms, including farms in the Farmland Preservation Zoning District.
Processing agricultural by-products or wastes received directly from farms, including farms in the Farmland Preservation Zoning District.
For purposes of the Farmland Preservation Ordinance, means ownership by the same person or persons. "Common ownership" includes land owned by the same individual, married couple, joint tenants, tenants in common, corporation, LLC, partnership, estate or trust. Solely for purposes of this definition, a parcel owned by one member of a married couple is deemed to be owned by the married couple.
Adjacent to or sharing a common boundary. "Contiguous" land includes land that is separated only by a river, stream, section line, public road, private road, railroad, pipeline, transmission line, or transportation or transmission right-of-way. Parcels are not "contiguous" if they meet only at a single point.
All land under common ownership that is primarily devoted to agricultural use. For purposes of this definition, land is deemed to be primarily devoted to agricultural use if any of the following apply:
A single-family residence that is the only residential structure on the farm.
Gross receipts from agricultural uses, less the cost or other basis of livestock or other agricultural items purchased for resale which are sold or otherwise disposed of during the taxable year. "Gross farm revenue" includes receipts accruing to a renter, but does not include rent paid to the landowner.
An occupation or profession conducted by the farm operator and/or farm operator's family members who shall also be residents of the farm residence, provided all of the following are met:
There is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling;
There is no commodity sold upon the premises;
No person is employed on site other than a member of the immediate family residing on the premises;
No mechanical or electrical equipment is used, except such as is permissible for purely domestic or household purposes;
The occupation or profession is only conducted within the farm residence;
Exterior alterations or modifications that change the residential character or appearance of the dwelling, accessory structures or the property itself are prohibited;
There shall be no noise, vibration, glare, fumes, odor, electrical interference, or other such condition created by the home occupation that has any observable impact upon any location outside the principal structure where the home occupation is conducted.
The current or future agricultural use of the farm or of any other protected farmland is not impaired or limited.
Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish.
A parcel on which no buildings, other than hunting blinds or small sheds, have been constructed or approved for construction.
An individual, corporation, partnership, limited liability company (LLC), trust, estate or other legal entity.
Includes all of the following:
An area with a Class I or Class II land capability classification as identified by the Natural Resources Conservation Service of the United States Department of Agriculture.
Land, other than land described in Subsection A of this definition, which is identified as prime farmland in the county's certified Farmland Preservation Plan.
A land use that does not comply with these Farmland Preservation Zoning provisions, but which lawfully existed prior to the application of this article.
Land that is any of the following:
Located in a Farmland Preservation Zoning District certified under Ch. 91, Wis. Stats.
Covered by a farmland preservation agreement under Ch. 91, Wis. Stats.
Covered by an agricultural conservation easement under § 93.73, Wis. Stats.
Otherwise legally protected from nonagricultural development.
§ 295-211 Land use in Farmland Preservation Zoning District; general.
§ 295-212 Permitted uses.
The following land uses are allowed without a conditional use permit in a Farmland Preservation Zoning District:
A.
Agricultural uses.
B.
Undeveloped natural resource and open space areas.
C.
Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are 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.
D.
Agricultural accessory uses, except those identified as conditional uses in § 295-213B(2)(a).
E.
Home occupation, exclusive agricultural.
§ 295-213 Conditional uses.
A.
General.
(1)
The Village Board may issue a conditional use permit for a proposed land use identified in this section if the proposed land use meets applicable conditions under this section. The procedures described in § 295-342 shall be followed.
(2)
Before issuing a conditional use permit under Subsection A, the Village Board shall determine in writing that the proposed use meets applicable conditions under this section. The Village Board may issue the permit subject to any additional conditions which the Village Board deems necessary to carry out the purposes of this article.
B.
Certain conditional uses.
(1)
The Village Board may issue a conditional use permit for uses under Subsection B(2) if all of the following apply:
(a)
The use supports agricultural uses in the Farmland Preservation Zoning District in direct and significant ways, and is more suited to a Farmland Preservation Zoning District than to an industrial or commercial zoning district.
(b)
The use and its location in the Farmland Preservation Zoning District are consistent with the purposes of the Farmland Preservation Zoning District.
(c)
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.
(d)
The use is reasonably designed to minimize conversion of land, at and around the use site, from agricultural use or open space use.
(e)
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
(f)
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
(g)
Nonmetallic mining operations must also be subject to the standards identified in Wis. Stats. § 91.46(a) and (f).
(2)
Conditional uses enumerated.
(a)
Conditional uses include:
[1]
A grain warehouse, potato warehouse, or other warehouse that stores raw agricultural commodities received from farms.
[2]
A dairy plant that processes or handles milk from farms.
[3]
A meat slaughter establishment.
[4]
A food processing plant that processes raw agricultural commodities received from farms.
[5]
A feed mill or rendering plant that processes raw agricultural commodities or agricultural by-products received directly from farms, or supplies animal feed directly to farms.
[6]
An ethanol plant, biodiesel plant, communal manure digester, pelletizing plant or other facility that processes raw agricultural commodities, agricultural by-products or agricultural wastes (received directly from farms) to produce bulk fuel or other bulk products.
[7]
A sawmill or other facility that processes wood or other forest products received directly from farms.
[8]
A facility that provides farm inputs such as fertilizer, pesticides, seed or feed directly to farms.
[9]
A facility that is primarily engaged in the sale and servicing of farm vehicles or other farm equipment.
[10]
A facility that is primarily engaged in providing agronomic or veterinary services to farms.
[11]
Nonmetallic mining operations which are incidental to an active principal agricultural use.
[12]
Recreation trail: A thoroughfare or track across land used for recreational purposes such as:
[a]
Pedestrian activities, including wheelchair use;
[b]
Skating, skateboarding or longboarding;
[c]
Equestrian activities, including carriage driving;
[d]
Nonmotorized snow trail activities, including skiing;
[e]
Bicycling or use of other human-powered vehicles;
[f]
Aquatic or water activities;
[g]
Motorized vehicular activities, including all-terrain-vehicle riding, motorcycling and snowmobiling;
[h]
Use of off-road light trucks, or use of other off-road motorized vehicles.
(b)
The foregoing list is not intended to entitle the applicant to a particular use of a trail. Each proposed trail shall be subject to conditions that facilitate coexistence and harmony between trails, residents, and neighborhoods from a design and regulatory perspective.
C.
Compatible nonfarm- or nonagricultural-related business or activity: a business, activity, or enterprise, whether or not associated with an agricultural use, which meets all of the following requirements:
D.
Compatible infrastructure.
(1)
The Village Board may issue a conditional use permit for a proposed use under Subsection D(2) if all of the following apply:
(a)
The use and its location in the Farmland Preservation Zoning District are consistent with the purposes of the Farmland Preservation Zoning District.
(b)
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.
(c)
The use is reasonably designed to minimize conversion of land, at and around the site of the use, from agricultural use or open space use.
(d)
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
(e)
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
E.
Government and nonprofit community uses.
(1)
The Village Board may issue a conditional use permit for a government use, or for an institutional, religious or community use, if the Village Board determines that all of the following apply:
(a)
The use and its location in the Farmland Preservation Zoning District are consistent with the purposes of the Farmland Preservation Zoning District.
(b)
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.
(c)
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.
(d)
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
(e)
Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
(f)
Nonmetallic mining operations must also be subject the standards identified in Wis. Stats. § 91.46(a) and (f).
(2)
Government and nonprofit community conditional uses include:
§ 295-214 Rezoning land out of Farmland Preservation Zoning Districts.
A.
Except as provided in Subsection B, the Village Board may not rezone land out of a Farmland Preservation Zoning District unless the Village Board finds all of the following in writing, after public hearing, as part of the official record of the rezoning, before granting the rezone:
(1)
The rezoned land is better suited for a use not allowed in the Farmland Preservation Zoning District.
(2)
The rezoning is consistent with any comprehensive plan adopted by the Village of Hobart which is in effect at the time of the rezoning.
(3)
The rezoning is substantially consistent with the Brown County Farmland Preservation Plan, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.
(4)
The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.
B.
Subsection A does not apply to any of the following:
(1)
A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under Ch. 91, Wis. Stats.
(2)
A rezoning that makes the farmland preservation zoning ordinance map more consistent with the Brown County Farmland Preservation Plan Map, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.
C.
The Village shall by March 1 of each year provide to the administering department of the State of Wisconsin and to the administering department of Brown County a report of the number of acres the Village has rezoned out of the Exclusive Agricultural District during the previous year and a map that clearly identifies said acres.
§ 295-215 Parcel requirements.
[Amended 12-18-2018 by Ord. No. 2018-19]
A.
Area: Five acres minimum parcel size for a single-family dwelling.
(1)
Exception: Farm operator, parents, children, and workers of the farm operator may locate a single-family dwelling on a separate lot containing a minimum of 2 1/2 acres and 200 feet of lot frontage. A worker shall earn more than 50% of his or her gross income from the operator's farm.
B.
Zoning lot frontage: 200 feet minimum.
C.
Those residential lots of record as of July 3, 1986, shall not be considered nonconforming.
§ 295-216 Height regulations.
§ 295-217 Building setbacks.
Building setbacks shall be as follows:
Principal Structure | Accessory Building | Driveway | |
|---|---|---|---|
Front yard | 40 feet minimum from right-of-way | 40 feet minimum from right-of-way | 10 feet from property line |
Side yard | 25 feet minimum | 25 feet minimum | 10 feet from property line |
Rear yard | 25 feet minimum | 25 feet minimum | 10 feet from property line |
Corner lot | 40 feet minimum from right-of-way | 40 feet minimum from right-of-way | 150 feet from center line of intersection |
§ 295-218 Building size.
Minimum size of a residential dwelling shall be 1,200 square feet for a single-family dwelling.
§ 295-219 Accessory buildings.
Accessory uses shall conform to district requirements and those set forth in § 295-11, Building and uses.
§ 295-220 Parking.
Parking shall conform to the requirements as set forth in Article XXVIII, Off-Street Parking Requirements.
§ 295-221 Signs.
Signs shall be regulated as set forth in § 295-361, Regulation of signs.
§ 295-221.1 Other requirements.
A.
Absent a permit for a special occasion, businesses may not be open to the public between the hours of 2:30 a.m. and 6:00 a.m. This provision does not apply to emergency type facilities.