Lowell Town City Zoning Code
ARTICLE III
Zoning Districts
§ 295-16 Zoning districts designated.
For the purpose of this chapter, the Town of Lowell, Dodge County, is hereby divided into the following seven districts:
§ 295-17 District boundaries.
A.
Zoning Map. The boundaries of the districts enumerated in § 295-16 above are hereby established as shown on a map entitled "Zoning Map, Town of Lowell, Wisconsin," dated June 2000, as amended periodically, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Town Chairperson and the Town Clerk and shall be available to the public in the office of the Town Clerk.
B.
Boundary lines. The boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property line; center lines of streets, highways, alleys, easements and railroad rights-of-way; or such lines extended unless otherwise noted on the Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Amendments. Amendments to the Zoning Map shall take effect upon adoption by the Town Board, after proof of posting or publication thereof is duly filed in the office of the Town Clerk and after approval by the Dodge County Board of Supervisors. All amendments shall be duly entered and attested on the certified copy of the Zoning Map. Changes to the Zoning Map should conform to the Town of Lowell Land Use Plan.
§ 295-18 R-1 Rural Residential District.
A.
Purpose and characteristics. The R-1 Residential District is primarily intended to provide for single-family residential areas existing at the time of adoption of this chapter and new single-family development lying in the Village Corridor between Lowell and Reeseville as shown on the Land Use Planning Map, dated July, 1999. Densities shall not exceed one dwelling unit per two acres of land. Proposed lots shall be served by on-site absorption sanitary sewage disposal systems (septic tanks) and private wells.
C.
Conditional uses. The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:
(3)
Multifamily residential structure, provided that:
(a)
The proposed multifamily residential structure is architecturally compatible with the character of the district.
(b)
The proposed multifamily structure shall provide a minimum lot area of two acres or 10,000 square feet per dwelling unit, whichever is greater.
(c)
The proposed multifamily dwellings shall have a minimum total building area of 1,000 square feet per dwelling unit.
(d)
The multifamily structure has no more than eight units per building.
(5)
Rest homes, nursing homes, homes for the aged, clinics, and children's nurseries, provided all principal structures and uses are not less than 100 feet from any lot line.
(6)
Utilities.
(7)
Agricultural uses.
(8)
Dog kennels and horse boarding.
D.
E.
Accessory uses and detached accessory structures.
(1)
Accessory uses and detached accessory structures are permitted in accordance with Article X. Such uses and structures shall not exceed 20 feet in height; shall not be closer than 10 feet to any side yard; and shall not be closer than 10 feet to a rear lot line. The combined square footage of all accessory structures on the property shall not be larger than 5% of the lot size. Example: If the total property is five acres, the accessory structure cannot be larger than 10,890 square feet.
[Amended 4-9-2019 by Ord. No. 2019-3 (Attachment A)][1]
[1]
Editor's Note: This ordinance also provided for the repeal of original Sec. 13-1-42(e)(2) of the 2004 Code, regarding accessory structure materials and colors, which immediately followed this subsection.
F.
Drainage and on-site stormwater management. The following standards shall apply to all development:
(1)
Sewerage facilities for development may consist of any system meeting the requirements of the Wisconsin Department of Safety and Professional Services for private sewerage systems and the Wisconsin Department of Natural Resources for public sewerage systems. Acceptable systems may include:
(2)
Drainage of on-site stormwater shall not be in excess of the stormwater which existed before the development.
(3)
Adequate stormwater management shall be provided on-site, i.e., detention or retention ponds.
§ 295-19 RC-1 Rural Cluster Residential Overlay District.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "B")]
A.
Purpose and characteristics. The RC-1 Rural Cluster Residential Overlay District is primarily intended to provide for the creation and development of individual nonfarm residential lots or multiple nonfarm residential lots clustered in small groups in order to preserve the rural and natural environment. The RC-1 District is intended to be applied to undeveloped land currently in the AG-1 Agricultural and C-1 Conservancy Districts where the overall densities of such development shall not exceed one dwelling unit per 25 acres of land. The RC-1 District cannot be applied to undeveloped land currently in the AE Agricultural Enterprise or FP Farmland Preservation Districts.
B.
Permitted uses.
(1)
Single-family dwellings and essential services.
(2)
Community living arrangements and day-care centers which have a capacity for eight or fewer persons.
(3)
Foster family care.
(5)
Agricultural activities on nonfarm lots limited to:
(a)
The cultivation, harvesting and sale of crops and related farm products.
(b)
The raising and sale of livestock or fowl, with associated pasture and barnyards (subject to the animal unit restrictions in § 295-19F herein).
(c)
Orchards, nurseries, greenhouses and related horticultural uses.
(d)
Growing and sale of Christmas trees.
(6)
Open space uses, primarily passive, including:
(a)
Hiking and walking trails, picnic areas and similar uses.
(b)
Conservation of natural areas in their existing state.
(c)
Easements for access, drainage, sewer lines and waterlines or other public purposes.
(d)
Stormwater management facilities for the proposed development, including detention and retention ponds.
C.
D.
RC-1 site regulations.
(1)
Parent tract size.
(a)
Minimum 25 acres.
(b)
If a parent tract proposed for land division is 40 acres or less in size:
[1]
The entire parent tract must be included in the land division document (certified survey map or subdivision plat) and ordinance attaching the RC-1 Overlay District.
(c)
If a parent tract proposed for land division is greater than 40 acres:
[1]
Only the lot being created is required to be included in the land division document, provided that the entire parent tract is included in the zoning ordinance assigning the RC-1 District; and
[2]
A deed or other legal document restricting the remaining land from further division or development that has been reviewed and approved by the Town Board shall be recorded with the land division document (CSM or plat).
(2)
Density.
(a)
The number of nonfarm lots that can be divided from a parent tract (i.e., one development right) shall be limited to one lot for each 25 contiguous acres.
(b)
All land within a parent tract that is currently zoned AG-1 or C-1 can be used in the calculation of the total number of development rights for a parent tract.
(c)
If a parent tract contains more than 50 acres, two or more development rights may be combined so that one larger lot may be created and developed. When two or more development rights are proposed for combination, the lot being created can be increased up to three additional acres for each development right used.
(d)
The number of nonfarm lots that can be created from land already located in the RC-1 District was determined at the time the rezoning of such land was approved and is available from the Town.
(3)
Lot size.
(a)
Minimum: two acres.
(b)
Maximum: three acres (except that the maximum lot size may be increased up to five acres where the creation of a lot equal to or less than three acres would result in the creation of outlots that cannot be logically included as part of the original agricultural land or reasonably used for agricultural purposes or, in the opinion of the Plan Commission, an increase in the maximum lot size will result in a more logical layout or parcel configuration depending on natural boundaries, fence lines, ditches, etc.).
(4)
Lot location and layout.
(a)
Where and when practical lots should be created from that portion of a parent tract that is less suitable for agricultural uses by virtue of:
[1]
Having relatively less productive soils;
[2]
Being wooded, having relatively steeper topography;
[3]
Having an odd shape or limited width due to natural or other fixed boundaries;
[4]
Being located relatively farther away and/or naturally buffered from existing agricultural operations on adjacent land that could adversely affect the proposed residential lot(s) and future residents.
(b)
The configuration and layout of lots should:
(5)
Transfer of development rights.
(a)
The transferring of one or more development rights between adjoining and/or nonadjoining parent tracts that are located in the Town of Lowell and under the same or common ownership may be permitted, provided that:
[1]
Only development rights attached to land currently zoned AG-1 can be transferred (development rights attached to C-1 zoned land is not transferable);
[2]
A Transfer of Development Rights (TDR) Agreement affecting both parcels involved in the transfer that is mutually agreed to by the property owner(s) and the Town Board is submitted to and approved by the Town Board and recorded with the CSM or subdivision plat;
[3]
The Town board agrees that the transfer of development rights and the subsequent development of residential lots is consistent with and furthers the intent of this chapter in terms of:
E.
Accessory uses and detached accessory structures. Accessory uses and detached accessory structures are permitted in accordance with Article X. Such uses and structures shall not exceed 25 feet in height; shall not be closer than 75 feet from the street center line; 10 feet to any side yard; and shall not be closer than 10 feet to a rear lot line. The combined square footage of all accessory structures on the property shall not be larger than 5% of the lot size. Example: If the total property is five acres, the accessory structures cannot be larger than 10,890 square feet.
[Amended 4-9-2019 by Ord. No. 2019-3 (Attachment A)]
F.
Animal unit restrictions. Unless otherwise specifically allowed or restricted as part of a conditional use permit, variance or existing as a legal nonconforming use prior to January 1, 2010, the number of animal units (see "animal unit" definition in § 295-7) allowed to be kept on a nonfarm parcel of land shall be limited as follows:
G.
Cluster subdivision design standards. The following standards shall apply to all cluster groups of five lots or more created by a subdivision:
(1)
Layout.
(a)
All dwelling units shall be grouped into cluster groups.
(b)
Cluster groups shall be defined by the outer perimeter of contiguous lot areas or abutting streets and may contain lots, streets, and cluster group open space.
(c)
Clusters shall be a minimum of 100 feet from another cluster with a significant open space or natural feature creating the separation.
(d)
Clusters shall be defined and separated by common open space in order to provide direct access to common open space and privacy to individual lots.
(e)
Cluster groups containing eight or more dwelling units shall provide internal open space at a minimum of 2,000 square feet per dwelling unit. This open space may count toward the overall open space requirement for the development and shall meet the following standards:
[1]
The open space shall be configured as a cul-de-sac island, an island within a larger loop or semicircular loop, an island in a boulevard street, or a common green area.
[2]
The open space shall have a minimum street frontage of 100 feet.
[3]
All lots in a cluster group shall abut common open space to the front or rear where common open space across a street shall qualify for this requirement.
[4]
Disturbance to woodlands, hedgerows, and individual mature trees shall be minimized. However, when the objective is to preserve prime farmland soils and large areas of contiguous land suitable for agricultural use, dwelling units may be located within the woodlands, provided that no more than 30% of a single wooded lot is cleared.
(2)
Landscaping.
(a)
Preserve existing natural landscape.
(b)
Installation of street trees is required along internal streets within the cluster development. Street trees may be planted, but are not required, along internal streets which pass through common open space.
(c)
Buffers between the cluster development and external streets are required. A planted buffer area at least 30 feet wide shall be established. Planting should occur as follows:
[1]
The landscape screen must include vegetation of a size and type that will disrupt views of residential homes within the cluster from outside of the development.
[2]
The landscape screen must blend into the natural landscape of the Town.
[3]
The landscape screen must include a mixture of deciduous and evergreen trees that will provide year-round screening. The Town may consult with a landscape architect or forester in reviewing the landscape plan. The cost of this consultation will be billed to the developer.
[4]
Retain any existing trees and shrubs and add additional plantings when necessary to obstruct the view between the external street and the cluster development.
(3)
Ownership of common facilities and open space. The following methods may be used, either individually or in combination, to own common facilities and open space:
(a)
Homeowners' association. Common facilities and open space shall be held in common ownership as undivided proportionate interests by the members of the association (i.e. all lot owners in the development). The homeowners' association shall be governed according to the following:
[1]
The applicant shall provide to the Town a description of the organization, including any bylaws, and all documents governing maintenance requirements and use restrictions for the common areas.
[2]
Membership in the association shall be mandatory for all purchasers of dwelling units.
[3]
The members of the association shall share equitably the costs of maintaining and operating the common facilities and open space.
[4]
The association shall have or hire adequate staff to maintain the common facilities and open space.
[5]
The association is responsible for the maintenance of the common facilities and open space. In the event the association does not maintain the common facilities and open space, the Town may maintain the common properties and assess the association members the cost of doing so as necessary.
[6]
The association shall hold a conservation easement or deed restriction on the common open space and common facilities to protect them from further land division or development.
(b)
Transfer of ownership.
[1]
Transfer of easements to a private conservation organization or land trust is acceptable if approved by the Town Board.
[2]
Ownership may be retained by the original landowner if the Town and residents of the development hold conservation easements on the land protecting it from any further development.
(4)
Sanitary sewer and on-site stormwater management.
(a)
Sewerage facilities for cluster development may consist of any system meeting the requirements of the Wisconsin Department of Safety and Professional Services for private sewerage system and the Wisconsin Department of Natural Resources for public sewerage systems. Acceptable systems may include:
(b)
Adequate stormwater management facilities shall be provided as part of all cluster developments as set forth in the Town's stormwater management regulations.
§ 295-20 B-1 Business/Commercial Mixed-Use District.
A.
Purpose and characteristics. The B-1 Business/Commercial Mixed-Use District is intended to provide for orderly and attractive business development in appropriate locations along arterial highways in the Town which can provide the necessary infrastructure and services. The B-1 Business/Commercial Mixed-Use District is also intended to provide for business and customer service establishments which serve the convenience and general retail needs of the Town, as well as establishments which are logically related to and dependent upon highway traffic or designed to serve the needs of such traffic. Such business development should provide ample off-street parking and loading areas, safe vehicular access to the arterial highway system, landscape planting screens in areas adjacent to nonbusiness development and, when appropriate, a development character and intensity of use which is compatible with the rural character of the Town.
B.
Permitted uses.
(1)
Antique shop.
(2)
Art gallery.
(3)
Appliance store.
(4)
Bakery.
(5)
Barbershop.
(6)
Beauty shop.
(7)
Boutiques and specialty goods store.
(8)
Business and professional office.
(9)
Clinic.
(10)
Clothing store.
(11)
Coffee shop.
(12)
Confectionery.
(13)
Craft store.
(14)
Crockery store.
(15)
Delicatessen.
(16)
Drugstore.
(17)
Financial institution.
(18)
Florist.
(19)
Fruit store.
(20)
Furniture store.
(21)
Gift store.
(22)
Grocery store.
(23)
Hardware store.
(24)
Health club.
(25)
Laundry and dry-cleaning establishments employing not more than seven persons.
(26)
Meat market.
(27)
Newspaper office.
(28)
Music store.
(29)
Office supply and stationery store.
(30)
Optical store.
(31)
Pet shop.
(32)
Photo supply store.
(33)
Printing shop.
(34)
Studios for photography, painting, music, sculpture, dance and other recognized fine arts.
(35)
Sporting goods store.
(36)
Tobacco store.
(37)
Variety store.
(38)
Vegetable store.
C.
Conditional uses.
(1)
Automotive sales and services.
(2)
Automotive repair shop.
(3)
Auto and truck rental.
(4)
Bars and clubs.
(5)
Drive-in establishments.
(6)
Driving range.
(7)
Funeral home.
(8)
Gas station.
(9)
Miniature golf.
(10)
Multifamily apartment.
(11)
Rifle range.
(12)
Skating rink.
(13)
Theater.
(14)
Construction contracting.
(18)
Dog kennels and horse boarding.
(19)
Applicant may request or apply for amendments to add uses to the conditional-use list.
E.
Plans and specifications to be submitted to Plan Commission. The builder of any building hereafter erected or structurally altered in the B-1 Business/Commercial Mixed-Use District shall, before a building permit is issued, present detailed plans and specification of the proposed structure to the Plan Commission, who will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety, or substantially diminish or impair property values within the Town. The Plan Commission's review of the plans and specifications shall be concerned with such items as general site layout and building design, vehicular ingress and egress, off-street parking, loading and unloading and landscape planting plans.
F.
Landscaping.
(1)
Roadside edge.
(a)
Landscaping and fencing shall be designed to establish a clear edge along the edge of the site that is visible to motorists and others passing by or viewing the site.
(b)
The only openings or breaks in this edge, or surfaces designed for parking or vehicular movement, shall be those allowed for entries, signage, or other provisions described in these standards.
(c)
The ground surface shall be grass or other planting material unless otherwise noted.
(d)
Edges shall consist of a facade of the building located within, and parallel to the location of, the roadside edge (designed in accordance with the architectural regulations) or a row of trees 30 feet to 40 feet apart, planted on center, that create a visual rhythm along the edge of the site, or one row of such trees, plus any of the following:
[1]
A masonry or split-rail fence at least 48 inches high with masonry posts at least 20 feet on center.
[2]
An ornamental metal fence at least 48 inches high with a coniferous hedge at least 36 high planted on one side of the fence. All hedges shall be planted a minimum of 24 inches on center.
[3]
An evergreen hedge or series of continuous shrubs and bushes at least 36 inches thick and 48 inches high with no open space between plants. All hedges shall be planted a minimum of 24 inches on center.
(2)
Roadside court.
(a)
Parking lots should have strong edges to define them as spaces. This can be achieved with building, landscaping, fencing, light fixtures, or combinations of these elements.
(b)
The geometry of parking lots should be orthogonal and parallel to major buildings.
(c)
The parking lot shall be designed as a series of parking areas each separated by significant landscape features. Each individual parking area cannot exceed 200 feet in width (there is no limitation for length).
(3)
Significant landscapes.
(a)
Create significant landscapes between buildings.
(b)
Include seating areas to encourage the use of the space.
(c)
Landscaping should be grouped together to create a significant place (e.g., groves or gardens) instead of scattered throughout the parking.
(d)
Each significant landscape feature shall be no less than 20 feet wide and no less than 2,000 square feet in total area.
(e)
The total amount of significant landscaped area shall be no less than one tree for every four parking spaces. Trees and areas planted as part of the roadside edge or side yard edges shall not be included as part of the calculations for significant landscape areas.
(f)
Significant landscape areas less than 5,000 square feet should have simple geometric forms, such as rectangles, ovals, and semicircles. Connect the landscape to existing landscape in and around the site.
(4)
Encourage landscaping continuity.
(a)
Landscape plans should use as limited number of tree and shrub species for the edge which are native, low-maintenance, resistant to salt, and have a relatively fast growth rate. A variety of colors and/or species may be used as design features but should not dominate the simple form of the landscape.
(b)
Use a limited number of tree and shrub species for the edge which are native, low-maintenance, resistant to salt, and have a relatively fast growth rate.
(5)
Integrate road drainage with the site design. Allow for proper drainage, but consider options that allow for landscaping near the road edge. Encourage the use of paving systems that allow for easy drainage.
G.
Drainage and on-site stormwater management. The following standards shall apply to all development:
(1)
Sewerage facilities for development may consist of any system meeting the requirements of the Wisconsin Department of Safety and Professional Services for private sewerage systems and the Wisconsin Department of Natural Resources for public sewerage systems. Acceptable systems may include:
(2)
Drainage of on-site stormwater shall not be in excess of the stormwater which existed before the development.
(3)
Adequate stormwater management shall be provided on site, i.e., detention or retention ponds.
§ 295-21 M-1 Manufacturing/Industrial District.
A.
Purpose and characteristics. The M-1 Manufacturing/Industrial District is intended to provide for the orderly development of manufacturing, fabrication or other similar industrial operations which are appropriate to rural surroundings and not requiring public sewer or water service, nor high-weight-capacity highways, and which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the Town as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance or other similar factors. Accordingly, the M-1 Manufacturing/Industrial District establishes such regulatory controls as will reasonably ensure the compatibility of manufacturing development with surrounding areas. All uses in this District must meet all applicable State of Wisconsin industrial standards.
B.
Permitted uses.
(1)
Agriculture.
(2)
Automotive body repairs.
(3)
Commercial bakeries.
(4)
Commercial greenhouses.
(5)
Distributors.
(6)
Farm machinery.
(7)
Truck repair facilities and truck or trailer parking.
(8)
Laboratories.
(9)
Machine shops.
(10)
Manufacture and bottling of beverages.
(11)
Painting.
(12)
Printing and/or publishing.
(13)
Storage and sale of machinery and equipment.
(14)
Trade and contractors' offices.
(15)
Warehousing for manufacturing, fabrication, packaging, and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles, and wood.
(16)
Warehousing for manufacturing, fabrication, processing, packaging, and packing of confections, cosmetics, electrical appliances, electronic devices, food, instruments, jewelry, pharmaceuticals, tobacco, and toiletries, essential services, or similar uses.
C.
Conditional uses.[1]
(1)
Disposal and recycle areas.
(2)
Farms operated for the disposal of sewage, rubbish or offal.
(4)
Oil and coal refineries.
(5)
Sewage treatment facilities.
(6)
Utilities.
(10)
Dog kennels and horse boarding.
(11)
Duly licensed adult-oriented establishments.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Plans and specifications to be submitted to Plan Commission. The builder of any building hereafter erected or structurally altered in the M-1 Manufacturing/Industrial District shall, before a building permit is issued, present detailed plans and specifications of the proposed structure to the Plan Commission, who will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety, or substantially diminish or impair property values within the Town. The Plan Commission review of the plans and specifications shall be concerned with such items as general site layout and building design, vehicular ingress and egress, off-street parking, loading and unloading and landscape planting plans.
F.
Drainage and on-site stormwater management. The following standards shall apply to all development:
(1)
Sewerage facilities for development may consist of any system meeting the requirements of the Wisconsin Department of Safety and Professional Services for private sewerage systems and the Wisconsin Department of Natural Resources for public sewerage systems. Acceptable systems may include:
(2)
Drainage of on-site stormwater shall not be in excess of the stormwater which existed before the development.
(3)
Adequate stormwater management shall be provided on site, i.e., detention or retention ponds.
§ 295-22 AG-1 General Agricultural District.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "C"); 3-10-2015 by Ord. No. 2015-1 (Exhibit "A")]
A.
Purpose and characteristics. The AG-1 General Agricultural District is intended to provide for, maintain, preserve, and enhance agricultural lands historically utilized for crop production and maintain the existing rural character.
B.
Permitted uses.
(2)
Floriculture and florists.
(3)
Forestry.
(4)
Grazing and pasturing.
(5)
Greenhouses and plant nurseries.
(6)
Fish hatcheries.
(7)
Fur farms.
(8)
Horticulture.
(10)
Orchards and vineyards.
(11)
Paddocks and stables.
(13)
Essential services for farming.
(14)
Single-family dwellings and necessary appurtenant structures on any operating farm for occupancy by those employed in connection with the farm operation and their families at a density not to exceed one dwelling unit per 35 acres.
C.
Conditional uses.
(2)
Commercial greenhouse, landscape and nursery business.
(3)
Sanitary landfill that serves the needs of Town residents.
(4)
Duplexes (two-family dwellings) and necessary appurtenant structures on any operating farm for occupancy by those employed in connection with the farm operation and their families subject to the provisions of the RC-1 District.
(5)
Farm machinery repair businesses.
(8)
Gravel pits and quarries, but not including the manufacture of products other than the production of crushed stone, gravel or sand (see § 295-41).
(11)
Landscape contracting.
(12)
Storing, manufacturing and sale of explosives (limited to such uses existing as of January 1, 2009, and which are deemed to be nonconforming uses subject to § 295-45).
(13)
Agricultural and other compatible uses of existing farm structures.
(15)
Agricultural operations listed as permitted or conditional uses on substandard lots existing prior to the adoption of this chapter.
(16)
Rifle/shotgun ranges.
D.
E.
Farmette regulations. A "farmette" is a small farm containing preexisting farm buildings that is at least five acres in size created by a land division usually because of a farm consolidation. A farmette is intended to be used for hobby farm or other small-scale agricultural uses.
(1)
Lot size.
(a)
Minimum: five acres.
(b)
Maximum: to be determined by the Plan Commission, but not to exceed 15 acres based on the suitability of the land and existing buildings for the intended use and the required setbacks surrounding the existing buildings deemed necessary by the Plan Commission to buffer adjacent uses and parcels.
F.
Animal unit restrictions. Unless otherwise specifically allowed or restricted as part of a conditional use permit, variance or previously existing as a legal nonconforming use prior to January 1, 2010, the number of animal units (see "animal unit" definition in § 295-7) allowed to be kept on a parcel of land shall be limited as follows:
§ 295-23 C-1 Conservancy Overlay District.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "D"); 3-10-2015 by Ord. No. 2015-01 (Exhibit "C")]
A.
Purpose and characteristics. The C-1 Conservancy Overlay District is intended to be used to prevent destruction of valuable natural or man-made resources. The district primarily includes pubic lands.
[Amended 6-9-2020 by Ord. No. 2020-1]
B.
Permitted uses.
(1)
Hiking, fishing, trapping, hunting, swimming, and boating, unless prohibited by other ordinances or laws.
(2)
Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops and that does not involve filling flooding, draining, dredging, ditching, tiling, or excavating.
(3)
Silviculture, including the planting, thinning, and harvesting of timber.
(4)
Pasturing of livestock and the construction and maintenance of fences, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done.
(5)
Cultivation of agricultural crops if cultivation can be accomplished without filling, flooding, or artificial drainage of the wetland through ditching, tiling, dredging or excavating, except that flooding, dike and dam construction, and ditching shall be allowed for the purpose of growing and harvesting cranberries.
(6)
Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.
(7)
Construction and maintenance of piers, docks, walkways, observation decks, and trail bridges, including those buildings on pilings, provided that no filling, flooding, dredging, draining, ditching, tiling, or excavating is done, except limited filling for access ramps.
(8)
Maintenance, repair, replacement, and construction of existing streets, roads, highways, and bridges.
C.
Conditional uses. The following public and private recreational facilities shall be conditional uses and may be permitted as specified (provided that the lot area is not less than three acres and all structures are not less than 50 feet from any district boundary):
D.
Structures prohibited. No structures shall be placed or moved onto lands lying in the C-1 District except structures not exceeding an area of 500 square feet which are accessory to principal or conditional uses. Habitable buildings or structures used for dwelling purposes are prohibited.
E.
Incompatible uses prohibited. No on-site soil absorption sanitary sewage system, holding tank, or private well used to obtain water for ultimate human consumption shall be constructed in the C-1 District.
§ 295-24 P-1 Park District.
A.
Purpose and characteristics. The Park District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent uses.
B.
Permitted uses.
(1)
Public and private parks for passive use.
(2)
Arboretum.
(3)
Playgrounds.
(4)
Fishing.
(5)
Swimming beaches.
(6)
Skating.
(7)
Sledding.
(8)
Skiing.
(9)
Sustained-yield forestry.
(10)
Wildlife preserves.
(11)
Soil and water conservation.
(12)
Water measurement.
(13)
Water control facilities and essential services.
C.
Conditional uses. The following public and private recreational uses shall be conditional uses and may be permitted as specified:
§ 295-25 AE Agricultural Enterprise District.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "E")]
A.
Purpose and characteristics. The AE Agriculture Enterprise District is intended to preserve and promote a full range of agricultural uses, secure land for livestock production and other agricultural uses that may be more intensive than crop production. The AE District is intended to implement the requirements of and be consistent with Wisconsin's Livestock Facility Siting Law established in § 93.90, Wis. Stats., and ATCP 51, Wis. Adm. Code. The AE District is intended to implement applicable Comprehensive Plan goals, objectives and policies by encouraging livestock and other agricultural uses in areas where conditions are best suited for these agricultural uses and discourage nonfarm residential development to avoid potential land use conflicts. The AE District is generally compatible with the "Agricultural" areas designated on the Future Land Use Plan Map in the Comprehensive Plan. Due to the more intensive nature of uses allowed, the AE District is not intended to be applied within the "Agricultural Transition" areas designated on the Future Land Use Plan Map in the Comprehensive Plan.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "D")]
B.
Permitted uses.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "D")]
(1)
General agricultural uses, including: floriculture, forestry, grazing and pasturing, greenhouses, florists, plant nurseries, orchards, hatcheries, horticulture, viticulture.
(3)
Paddocks and stables.
(4)
Single-family residences and accessory structures thereto for occupancy by those employed in connection with the agricultural operation and their families.
C.
Conditional uses.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "D")]
(2)
Livestock facilities and animal confinement facilities with more than 500 animal units (see definition in § 295-25F).
(3)
Commercial greenhouse, landscape and nursery business.
(4)
Sanitary landfill that serves the needs of Town residents.
(7)
Rifle/shotgun ranges.
(8)
Gravel pits and quarries, but not including the manufacture of products other than the production of crushed stone, gravel or sand (see § 295-41).
(10)
Agricultural operations listed or permitted as conditional uses herein on substandard lots in existence prior to the adoption of this chapter.
D.
AE site regulations.
(7)
Setbacks for waste storage structures serving livestock facilities.
(a)
All property lines: 350 feet.
(b)
Rights-of-way: 350 feet.
NOTE: The setback requirements under Subsection D(6) and (7) above do not prevent the use or expansion of a livestock facility or waste storage structure that was located within the setback area prior to the effective date of this chapter, except that a structure may not be expanded closer to the property line and/or right-of-way. |
(8)
Water quality and related setbacks.
(a)
Navigable waters and wetlands.
[1]
A livestock facility shall comply with setback and related requirements in any applicable shoreland or wetland zoning ordinances enacted within the scope of authority granted under §§ 59.692, 61.351 or 62.231, Wis. Stats.
(b)
Floodplain.
[1]
A livestock facility shall comply with setback and related requirements in any applicable floodplain zoning ordinance that is enacted within the scope of statutory authority under § 87.30, Wis. Stats.
(c)
Wells.
[1]
All wells located within in a livestock facility shall comply with Ch. NR 811 and 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Ch. NR 811 and 812, Wis. Adm. Code, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.
E.
Supplemental conditional use permit application requirements and review procedures for livestock facilities.
(1)
Permits required.
(a)
A permit is required for a new livestock facility if the number of animal units kept at the facility exceeds 500.
(b)
A permit is required for the expansion of a preexisting or previously approved livestock facility if the number of animal units kept at the expanded livestock facility will exceed all of the following:
(c)
A permit is not required for livestock facility that existed before May 1, 2006, or before the effective date of the permit requirement in this chapter [except as provided in Subsection E(1)(b)].
(d)
A permit is not required for livestock facility that was previously issued a conditional use permit or other local approval [except as provided in Subsection E(1)(b)]. A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, except as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility.
(2)
Application procedure.
(a)
A livestock operator must complete the application and worksheets prescribed by Ch. ATCP 51, Wis. Adm. Code, including any authorized local modifications. The application requirements specified in Ch. ATCP 51, Wis. Adm. Code, are incorporated by reference, without reproducing them in full. The application form and worksheets establish compliance with the standards in Ch. ATCP 51, Wis. Adm. Code, and this chapter.
(b)
The operator must file four duplicate copies of the application form, including all worksheets, maps and documents (other than engineering design specifications) included in the application.
(3)
Application fee.
(a)
A nonrefundable application fee in accordance with the Town Board's current Fee Schedule shall accompany each application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Application review procedure.
(a)
Within 45 days after the Town receives an application, it shall notify the applicant whether the application is complete. If the application is not complete, the notice shall describe the additional information needed. Within 14 days after the applicant provides all of the required information, the Town shall notify the applicant that the application is complete. This notice does not constitute an approval of the proposed livestock facility.
(b)
Within 14 days after the Town notifies an applicant that the application is complete, the Town shall notify adjacent landowners of the application. The Town shall use the approved notice form in Ch. ATCP 51, Wis. Adm. Code, and mail a written notice to each adjacent landowner.
(c)
The Town shall grant or deny an application within 90 days after the notice of a complete application is provided as required by Subsection E(4)(b) above. The Town may extend this time limit for good cause, including any of the following:
[1]
The Town needs additional information to act on the application.
[2]
The applicant materially modifies the application or agrees to an extension.
[3]
The Town shall give written notice of any extension. The notice shall specify the reason for the extension, and the extended deadline date by which the Town will act on the application.
(6)
Criteria for issuance of a permit.
(a)
A permit shall issue if the application for the proposed livestock facility contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets the standards specified in this chapter.
(b)
A permit may be denied if any of the following apply:
[1]
The application, on its face, fails to meet the standard for approval.
[2]
The Town finds, based on other clear and convincing information in the record, that the proposed livestock facility does not comply with applicable standards in this chapter.
[3]
Other grounds authorized by § 93.90, Wis. Stats., that warrant disapproving the proposed livestock facility.
(c)
No conditions may be imposed on permit other than standards provided herein.
(7)
Record of decision.
(a)
The Town shall issue its decision in writing. Its decision shall be based on written findings of fact supported by evidence in the record.
(b)
In the event that a permit is approved, the applicant shall receive a duplicate copy of the approved application, marked "approved." The duplicate copy must include worksheets, maps and other documents (other than engineering specifications) included in the application.
(8)
Notice to the Department.
(a)
The Clerk as required by § ATCP 51.36, Wis. Adm. Code, within 30 days of the Town/county decision on the application shall do all of the following:
[1]
Give the Department of Agriculture, Trade and Consumer Protection written notice of the Town's decision.
[2]
File with the Department a copy of the final application granted or denied, if the Town/county has granted or denied an application under this chapter. (The copy shall include all of the worksheets, maps and other attachments included in the application, except that it is not required to include the engineering design specifications.)
[3]
If the Town has withdrawn a local approval under this chapter, file with the Department a copy of the Town/county final notice or order withdrawing the local approval.
(9)
Expiration of permit.
(a)
A permit remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted under permit, and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the political subdivision may treat a permit as lapsed and withdraw the permit if the permit holder fails to do all of the following within two years after issuance of permit:
(10)
Permit modifications.
(a)
The operator may make reasonable changes that maintain compliance with the standards in this chapter, and the Town shall not withhold authorization for those changes.
(11)
Compliance monitoring.
(a)
The Town shall monitor compliance with this chapter as follows:
[1]
Upon notice to the livestock facility owner, request the right of the Town to personally view the permitted facility at a reasonable time and date to ensure that all commitments of the application as approved are being complied with.
[2]
If the livestock facility owner refuses the Town the right to view the permitted facility, the Town may request the assistance of the Dodge County Sheriff or a deputy Sheriff to obtain an inspection warrant from the Circuit Court to inspect the permitted facility for the purpose of protection of the public health and safety under § 66.0119, Wis. Stats.
[3]
If a permitted facility is found not to be in compliance with the commitments made in the approved application, the Town shall issue a written notice to the livestock facility owner stating the conditions of noncompliance and directing that compliance of the commitments of the approved application be complied with in a reasonable amount of time stated in this written notice.
[4]
If noncompliance of the permit conditions as described in the written notice given by the Town continue past the stated reasonable time to comply, the Town may take further action as provided in this chapter, including but not limited to issuance of a citation or seeking of injunctive relief.
[5]
If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request a hearing, in writing, within five days of receipt of the notice of noncompliance. The Town shall schedule a hearing within five days to determine if the conditions of the permit have been complied with or whether noncompliance of the commitments of the approved application and local approval exists.
(12)
Terms of the permit.
(a)
A permit and the privileges granted by a permit issued under this chapter is conditioned on the livestock operator's compliance with the standards in this chapter, and with commitments made in the application for a permit. The Town is authorized suspend a permit or seek other redress provided in this chapter for noncompliance.
(13)
Transferability.
(a)
A permit and the privileges granted by the permit run with land, and remain in effect, despite a change in ownership of the livestock facility, as long as the new operator does not violate the terms of the local approval. An applicant may record with the register of deeds, at the applicant's expense, the duplicate copy of the approved application. Upon change of ownership of the livestock facility, the new owner of the facility shall file information with the Town providing pertinent information, including but not limited to such information as the name and address of the new owner and date of transfer of ownership.
F. ADJACENT AGRICULTURAL PROCESSING AND PACKAGING AGRICULTURAL RESEARCH AND DEVELOPMENT AGRICULTURAL SALES AND SERVICE(1) (2) AGRICULTURAL STORAGE AGRICULTURAL USE AGRICULTURALLY RELATED RESIDENCE AGRICULTURE, ANIMAL AGRICULTURE, CROP ANIMAL UNIT
COMPLETE APPLICATION FOR LOCAL APPROVAL DEPARTMENT EXPANDED LIVESTOCK FACILITY(1) EXPANDED LIVESTOCK FACILITY EXPANSION LIVESTOCK LIVESTOCK FACILITY LIVESTOCK STRUCTURE NAVIGABLE WATERS NEW LIVESTOCK FACILITY OPERATOR PERSON POPULATE PROPERTY LINE QUALIFIED NUTRIENT MANAGEMENT PLANNER RELATED LIVESTOCK FACILITIES(1) (a) (2) (3) (a) ROADSIDE STAND SEPARATE SPECIES FACILITY(1) (2) (3) (4) (a) (b) SIGNAGE SINGLE-FAMILY RESIDENCE STABLE, COMMERCIAL VALUE-ADDED AGRICULTURE WASTE WASTE STORAGE FACILITY WASTE STORAGE STRUCTURE WINTER GRAZING AREA(1) (2) (a) (b) (c) (d) WPDES PERMIT
Definitions. For purposes of administering this section, the following definitions shall apply:
Located on land parcels that touch each other, or on land parcels that are separated only by a river, stream, or transportation or utility right-of-way.
An establishment primarily engaged in refining, processing or otherwise adding value to raw agricultural goods, including but not limited to washing, sorting, cutting, bagging, freezing, canning, packing, bottling or butchering.
The use of land or buildings for agriculture research and the cultivation of new agricultural products.
An establishment primarily engaged in:
The sale or rental of farm tools and implements, feed and grain, tack, animal care products, farm supplies and the like; or
Performing agricultural or horticultural services on a fee or contract basis, including but not limited to crop dusting and spraying services, harvesting and plowing services, agricultural land grading services, farm equipment service and repair, and large animal veterinary services.
Grain elevators and other facilities for the warehousing and storage of agricultural products.
Beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; and vegetable raising.
A residence which are occupied by:
The use of land for animal feeding operations, including areas for the storage, treatment and disposal of manure and other related waste products.
The use of land for the production of row crops, field crops, tree crops, timber, bees, apiary productions, and fur-bearing mammals.
A unit of measure used to determine the total number of single animal types or combination of animal types, as specified in § NR 243.11, Wisconsin Administrative Code, which are fed, confined, maintained or stabled in an animal feeding operation. The total number of animal units for a given type of animal shall be calculated by multiplying the number of animals for each animal type by the appropriate equivalency factor from the following table, and summing the products. The number of combined animal units shall be the sum of the number of animal units for each animal type. For animal types not listed in the following table, the equivalency to animal units shall be based on live animal weights. In these cases, 1,000 pounds of live weight is equivalent to one animal unit.
Animal Unit Calculation Table Number Equivalent to 500 Animal Units | ||
|---|---|---|
Number Equivalent to 500 Units | Animal Type | Animal Equivalency Factor |
Dairy cattle: | ||
350 | Milking and dry cows | 1.4 |
455 | Heifers (800 to 1,200 pounds) | 1.1 |
835 | Heifers (400 to 800 pounds) | 0.6 |
2,500 | Calves (under 400 pounds) | 0.2 |
Beef cattle: | ||
500 | Steers or cows (600 pounds to market) | 1.0 |
1,000 | Calves (under 600 pounds) | 0.5 |
350 | Bulls | 1.4 |
Swine: | ||
1,250 | Pigs (55 pounds to market) | 0.4 |
5,000 | Pigs (up to 55 pounds) | 0.1 |
1,250 | Sows | 0.4 |
1,000 | Boars | 0.5 |
Sheep: | ||
5,000 | Per animal | 0.1 |
Horses: | ||
250 | Per animal | 2.0 |
Ducks: | ||
2,500 | Per bird (wet lot) | 0.2 |
50,000 | Per bird (dry lot) | 0.01 |
Chickens: | ||
50,000 | Layers | 0.01 |
100,000 | Broilers | 0.005 |
50,000 | Broilers (continuous over flow watering) | 0.01 |
15,000 | Layers or broilers (liquid manure system) | 0.033 |
Turkeys: | ||
27,500 | Per bird | 0.018 |
An application that contains everything required under §§ ATCP 51.30(1) to (4), Wis. Adm. Code.
The Department of Agriculture, Trade, and Consumer Protection.
Includes all livestock structures in the expanded facility, regardless of whether those structures are new, existing or altered.
Note: This chapter applies to local approvals of new or expanded livestock facilities that will have 500 or more animal units. Although this chapter covers all livestock structures in an expanded livestock facility, existing structures are subject to less rigorous standards than new or expanded structures, and are completely exempt from certain requirements.
The entire livestock facility that is created by the expansion after May 1, 2006.
An increase in the largest number of animal units kept at a livestock facility on at least 90 days in any twelve-month period. The acquisition of an existing livestock facility by the operator of an adjacent livestock facility, does not constitute an expansion unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any twelve-month period.
Domestic animals traditionally used in this state in the production of food, fiber or other animal products. "Livestock" includes cattle, swine, poultry, sheep and goats. "Livestock" does not include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink.
A feedlot, dairy farm or other operation where livestock are or will be fed confined, maintained or stabled for a total of 45 days or more in any twelve-month period. A livestock facility includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate livestock facility.
A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. "Livestock structure" does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Has the meaning given in § 30.01(4m), Wis. Stats.
A livestock facility that will be used as a livestock facility for the first time, or for the first time in at least five years. "New livestock facility" does not include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding five years.
A person who applies for or holds a local approval for a livestock facility.
An individual, corporation, partnership, cooperative, limited liability company, trust or other legal entity.
To add animal units for which a permit or other local approval is required.
A line that separates parcels of land owned by different persons.
A person qualified under § ATCP 50.48, Wis. Adm. Code.
Livestock facilities that are owned or managed by the same person and related to each other in at least one of the following ways:
They are located on the same tax parcel or adjacent tax parcels of land.
NOTE: A mere acquisition of a neighboring livestock facility does not constitute an expansion unless more animal units are added to the combined facilities.
They use one or more of the same livestock structures to collect or store manure.
At least a portion of their manure is applied to the same land spreading acreage.
NOTE: Compare definition of "animal feeding operation" under § NR 243.03(4), Wis. Adm. Code. Related livestock facilities are treated as a single livestock facility for purposes of local approval except that a separate species facility may be treated as a separate livestock facility.
A building or part of a building no more than 500 square feet used for the retail sale of agricultural and related incidental products, excluding livestock, produced on the farm where the stand is located.
A livestock facility that meets all of the following criteria:
It has no more than 500 animal units.
Its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related.
It meets one of the following criteria:
Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related.
It and the other livestock facilities to which it is related have a combined total of fewer than 1,000 animal units.
Outdoor advertising attached to, made a part of; or placed in front, rear, sides, or top of any structure or on any land to announce the name or nature of a farm business, including a roadside stand. Signs are limited to eight square feet of panel area not to exceed eight feet in height above grade, unlighted.
The principal use of a lot only for one dwelling unit.
A building or land where horses are kept for remuneration, hire, sale, boarding, riding, or show.
A small commercial, manufacturing or service operation, which is accessory to an agricultural use. Examples of value added agriculture include small-scale food processing, handcrafting, product packaging and marketing, and agricultural tourism. These farm-based activities cannot exceed a certain size and scale, but may involve new structures. Additional permits and licenses may be required to carry on these activities.
Manure, milking center waste and other organic waste generated by a livestock facility.
One or more waste storage structures. "Waste storage facility" includes stationary equipment and piping used to load or unload a waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. "Waste storage facility" does not include equipment used to apply waste to land.
A waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. "Waste storage structure" does not include equipment used to apply waste to land. For purposes of §§ ATCP 51.12(2) and 51.14, Wis. Adm. Code, "waste storage structure" does not include any of the following:
Cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30.
"Winter grazing area" does not include any of the following:
An area, other than a pasture, where livestock are kept during the period from May 1 to September 30.
An area which at any time has an average of more than four livestock animal units per acre.
An area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water.
An area in which manure deposited by livestock causes nutrient levels to exceed standards in § ATCP 51.16, Wis. Adm. Code.
A Wisconsin pollutant discharge elimination system permit issued by DNR under Ch. NR 243, Wis. Adm. Code.
§ 295-26 FP Farmland Preservation District.
[Added 7-13-2010 by Ord. No. 2010-1 (Exhibit "F")]
A.
Purpose and intent. The Farmland Preservation District is intended to:
(1)
Implement Wisconsin's Working Lands Initiative (WLI) farmland preservation policies through the creation, administration and enforcement of a Farmland Preservation Zoning District that complies with the requirements of Wis. Stats. Chapter 91 so that farmers and property owners are eligible to apply for farmland preservation property tax credits;
(2)
Provide for the long-term preservation and protection of existing and future farming and other agricultural activities and land uses where farming is a viable component of the local and regional economy;
(3)
Separate agricultural activities and land uses from incompatible residential, commercial, and industrial development and land uses and certain public facilities;
(4)
Provide for the continued use of existing residential parcels and to allow the creation and development of only a limited number of nonfarm, low-density residential lots in a manner that:
(a)
Minimizes the costs of providing public facilities and services; and
(b)
Minimizes potential conflicts with agricultural land uses by limiting the density, maximum lot area and relative location of nonfarm uses by clustering nonfarm lots within farm parcels where soil productivity and topography are less suited for agriculture uses and well suited for on-site sewage systems.
(5)
Include land in this Farmland Preservation District that has been deemed to be worthy of long-term protection as of the date of adoption of this chapter where the owners of such land have agreed to include it in the Farmland Preservation District. The Town of Lowell intends to include additional land in to the Farmland Preservation District at the request of farmers and/or property owners once the Dodge County Farmland Preservation Plan has been revised and adopted (expected adoption no later than January 1, 2012).
B.
Permitted uses.
(1)
Agricultural uses and activities, including the following:
(2)
Game farms and fish hatcheries.
(3)
Forest and game management.
(4)
Undeveloped natural resource and open space areas.
(5)
Land enrolled in a federal agricultural commodity or conservation program or a state agricultural land conservation program.
(6)
Transportation, utility, communication and other public, quasi-public and private uses structures and buildings whose location is determined by preemptive state or federal authority or regulations.
(7)
Farm residences subject to the following limitations:
(a)
A single-family or a duplex dwelling that is the only residential structure on the farm;
(b)
The dwelling is occupied by the owner or operator of the farm, a parent or child of the owner or operator of the farm, or another individual who earns more than 50% of their gross income from the farm upon which the farm residence is located.
(8)
Nonconforming uses, including, but not limited to, farm and nonfarm dwellings on nonconforming lots or parcels that existed on the effective date of this chapter.
C.
Conditional uses and structures.
(1)
Farms for the disposal, injection and/or land spreading of agricultural and nonagricultural waste.
(2)
Nonfarm residences subject to the following limitations:
(a)
The proposed nonfarm residence can be on a new lot or parcel, or, the conversion of a farm residence to a nonfarm residence through a change in occupancy;
(b)
The ratio of nonfarm residential acreage to farm acreage on the base farm tract on which the residence is or will be located will not be greater than one to 20 after the residence is constructed or converted to a nonfarm residence;
(c)
There will not be more than four dwelling units in nonfarm residences or more than five dwelling units total in residences of any kind created on or from the base farm tract after the residence is constructed or converted to a nonfarm residence;
(d)
The location and size of the proposed nonfarm dwelling(s) and lot or parcel will not result in the following:
[1]
Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if there is a reasonable alternative location or size for such nonfarm parcel or nonfarm residence; and
[2]
Significantly impair or limit the current or future agricultural use of other protected farmland.
(3)
Transportation, communications, pipeline, electric transmission, utility, and drainage uses (including but not be limited to roads and highways, commercial communication towers and relay facilities, electricity, natural gas and other essential services and facility transmission equipment) subject to meeting all of the following requirements:
(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 from an agricultural use or open space use.
(d)
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.
(e)
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
(4)
Governmental, institutional, religious, or nonprofit community uses (including but not limited to public, private, and parochial schools, churches and cemeteries, government-operated administrative buildings, libraries, parks, police, fire, and medical emergency buildings, sewage treatment facilities, airports, airstrips, aircraft landing fields, heliports) subject to meeting all of the following requirements:
(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 from an agricultural use or open space use.
(d)
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.
(e)
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
(5)
Housing for seasonal or migratory farm laborers, subject to the following limitations and requirements:
(a)
Lots, parcels, or tracts devoted to the farm operation upon which such housing is located shall be not less than 100 acres;
(b)
Is only occupied by farm laborers;
(c)
Notwithstanding other provisions in this chapter regulating their use and placement, only mobile homes or other similarly removable dwelling structures shall be used; and
(d)
Dwellings are removed when farm laborers are no longer used as part of the farm operation.
(6)
Raising, breeding, boarding and/or sheltering of domestic and exotic or other nontraditional livestock, including, but not limited to, llama, emu, and buffalo.
(7)
Short-term mineral extraction and mining activities, subject to meeting all of the following requirements:
(a)
Activities shall not exceed a period of three years of operation;
(c)
Restoration of the land shall be to/for an agricultural use and shall be ongoing and, to the greatest extent possible, completed in phases as extraction is completed in a given area;
(d)
The operation complies with all applicable requirements of the Wisconsin Department of Transportation concerning the restoration of nonmetallic mining sites;
(e)
The operation and its location in the Farmland Preservation Zoning District are consistent with the purposes of the Farmland Preservation Zoning District;
(f)
The operation and its location in the Farmland Preservation Zoning District are reasonable and appropriate, considering alternative locations outside the Farmland Preservation Zoning District, or are specifically approved under state or federal law;
(g)
The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use;
(h)
The operation 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.
D.
Accessory uses and structures.
(1)
Farm buildings and facilities, including, but not limited to, barns, silos, sheds, storage bins and structures used for storage of farm implements, machinery and related equipment.
(2)
Home occupations or nonagricultural enterprises, subject to the following minimum regulations:
(a)
The enterprise shall be conducted entirely within the confines of a principal residence or an existing accessory building or in the rear or side yard of a lot or parcel and properly screened and/or landscaped area so as to be completely obstructed from the view of all public rights-of-way and surrounding residences;
(b)
No more than one acre of land shall be devoted to such use, including areas used for buildings, parking, and storage;
(c)
Storage of all items shall be in the rear or side yard of a lot or parcel and shall either be within the confines of a building or a properly screened and/or landscaped area so as to be completely obstructed from the view of all public rights-of-way and surrounding residences;
(d)
Other than persons residing in the dwelling, no more than three nonrelated persons may be employed;
(e)
The enterprise does not substantially impair or limit the current or future agricultural use of the parcel or surrounding land that is zoned for or legally restricted to agricultural use.
F.