(a)

Intent and purpose. The A-1 district is intended to maintain, enhance, and preserve prime agricultural lands historically utilized for crop production and the raising of livestock. This district requires a minimum parcel size of 35 acres in order to preserve workable farm units and prohibit intrusion of incompatible urban land uses. The purposes of the A-1 prime agricultural district are as follows:

(1)

Protect and preserve existing farm operations and prime agricultural lands.

(2)

Permit non-agricultural uses that require large areas and that will compliment agricultural pursuits.

(3)

Minimize conflicts between farm and on-farm uses.

(4)

Minimize the costs of providing public services to scattered non-farm uses.

(5)

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

(6)

Qualify farmers for participation in the state farmland preservation program.

(b)

Permitted uses.

(1)

All uses commonly classed as agriculture, horticulture, or forestry, including crop and tree farming, truck farming, gardening, nursery operation, animal and animal-related uses specified in division 11 as permitted uses in the A-1 district and forestry operations, together with the operation of any machinery or vehicles incidental to the above uses.

(2)

Single-family detached dwelling subject to the requirements stated in section 58-265.

(3)

Municipal utilities.

(c)

Permitted accessory uses.

(1)

Temporary roadside stands for display and sale of agricultural products grown or produced on the premises. Such uses shall be subject to planning commission approval and the following requirements:

a.

Off-street parking for a minimum of four vehicles shall be provided.

b.

No stand shall be permitted in a location where it would create a traffic hazard or nuisance. Driveways shall be located to minimize possible interference with normal flow of highway traffic.

c.

No such stand shall be closer than 50 feet to the existing street line or closer than 20 feet to any other lot line.

d.

One sign, not exceeding 20 square feet in area, shall be set back at least ten feet from the road right-of-way.

(2)

Home occupations and professional offices which are clearly incidental to the principal residential use subject to the following:

a.

The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.

b.

No article or service shall be sold or offered for sale on the premises.

c.

The home occupation shall not normally generate customer or client traffic to the residential premises.

d.

Any off-street parking area shall be maintained reasonably dustless and adequately screened from adjoining residential properties.

e.

The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.

f.

The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise with the surrounding residential area.

(d)

Conditional uses.

(1)

Commercial hatcheries.

(2)

Commercial greenhouses.

(3)

Animal and animal-related uses specified in division 11 as conditional uses in the A-1 district.

(4)

Parks, forest preserves, and recreational areas.

(5)

Public and or private utility, transmission and distribution lines, poles, and other accessories provided that when the utility proposes a main inter-city transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff-imposed conditions of section 58-230 regarding, among other things, effective screening from public view with all season vegetation.

(e)

Lot size. The minimum lot size shall have an area of not less than 35 acres with all or part of the lot being devoted to permitted agricultural uses.

(f)

Dwelling standards. Single-family dwelling within the A-1 district shall have a minimum living area measured in square feet from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes) in accordance with the following:

(1)

First floor, 1,200 square feet minimum.

(2)

Total, 1,400 square feet minimum.

(g)

Building height.

(1)

The height of any dwelling unit shall not exceed 35 feet.

(2)

The height of other farm structures shall not exceed 60 feet.

(h)

Minimum average lot width. The minimum average lot width shall be no less than 400 feet.

(i)

Minimum building setback. No building or structure, other than a permitted sign or roadside stand, shall be constructed closer than 100 feet to the ultimate right-of-way line of any public street, road, or highway upon which the subject property abuts.

(j)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 30 feet to a side or rear lot line. Buildings or structures housing livestock shall not be erected closer than 50 feet to a side or rear lot line.

(Code 1957, § 3.075(1); Ord. No. 2001-1008, 3-13-2001; Ord. No. 2001-1017, § XIII, 5-8-2001; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2019-1543, Exh. B, 4-9-2019)

(a)

Purpose. The A-2 district is intended to provide for, maintain, preserve, and enhance agricultural lands having marginal or transitional farmland value, while at the same time allowing for an estate-type residential development on a minimum parcel size of ten acres in order to maintain the rural character of the countryside. The purposes of the district are to:

(1)

Protect and encourage the continuation of existing farm operations.

(2)

Permit non-agricultural uses that require large areas and that will compliment existing agricultural pursuits.

(3)

Minimize conflicts between farm and non-farm uses.

(4)

Provide a transitional area between suburban development and prime agricultural lands.

(b)

Permitted uses.

(1)

All uses commonly classed as agriculture, horticulture, or forestry, including crop and tree farming, truck farming, gardening, nursery operation, animal and animal-related uses specified in division 11 as permitted uses in the A-2 district, and forestry operations, together with the operation of any machinery or vehicles incidental to the above uses.

(2)

Single-family detached dwelling subject to the requirements stated in 58-264.

(3)

Municipal utilities.

(c)

Permitted accessory uses.

(1)

Temporary roadside stands for display and sale of agricultural products grown or produced on the premises. Such uses shall be subject to planning commission approval and the following requirements:

a.

Off-street parking for a minimum of four vehicles shall be provided.

b.

No stand shall be permitted in a location where it would create a traffic hazard or nuisance. Driveways shall be located to minimize possible interference with normal flow of highway traffic.

c.

No such stand shall be closer than 50 feet to the existing street line or closer than 20 feet to any other lot line.

d.

One sign, not exceeding 20 square feet in area, shall be set back at least ten feet from the road right-of-way.

(2)

Home occupations and professional offices which are clearly incidental to the principal residential use subject to the following:

a.

The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.

b.

No article or service shall be sold or offered for sale on the premises.

c.

The home occupation shall not normally generate customer or client traffic to the residential premises.

d.

Any off-street parking area shall be maintained reasonably dustless and adequately screened from adjoining residential properties.

e.

The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.

f.

The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise with the surrounding residential area.

(d)

Conditional uses.

(1)

Commercial hatcheries.

(2)

Commercial greenhouses.

(3)

Animal and animal-related uses specified in division 11 as conditional uses in the A-2 district.

(4)

Parks, forest preserves, and recreational areas.

(5)

Public and or private utility, transmission and distribution lines, poles, and other accessories provided that when the utility proposes a main inter-city transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff-imposed conditions of section 58-264 regarding, among other things, effective screening from public view with all season vegetation.

(e)

Lot size. The minimum lot size shall have an area of not less than ten acres.

(f)

Dwelling standards. Single-family dwelling within the A-2 district shall have a minimum living area measured in square feet from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes) in accordance with the following:

(1)

First floor, 1,200 square feet minimum.

(2)

Total, 1,400 square feet minimum.

(g)

Building height.

(1)

The height of any dwelling unit shall not exceed 35 feet.

(2)

The height of other farm structures shall not exceed 60 feet.

(h)

Minimum average lot width. The minimum average lot width shall be no less than 400 feet.

(i)

Minimum building setback. No building or structure, other than a permitted sign or roadside stand, shall be constructed closer than 100 feet to the ultimate right-of-way line of any public street, road, or highway upon which the subject property abuts.

(j)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 30 feet to a side or rear lot line. Buildings or structures housing livestock shall not be erected closer than 50 feet to a side or rear lot line.

(Code 1957, § 3.075(2); Ord. No. 2001-1008, 3-13-2001; Ord. No. 2001-1017, § XIV, 5-8-2001; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2019-1543, Exh. B, 4-9-2019)

(a)

Purpose. The OA agricultural overlay district is intended to provide for, maintain, preserve, and enhance agricultural lands. The purposes of the district are to:

(1)

Protect and encourage the continuation of existing farm operations.

(2)

Minimize conflicts between farm and non-farm uses.

(b)

Permitted uses.

(1)

Any use by right in the underlying base district.

(2)

All uses commonly classified as agriculture, horticulture, or forestry, including crop and tree farming, truck farming, gardening, nursery operation, stock raising (not including raising of fur-bearing animals, or animal hospitals), dairy farming, and forestry operations, together with the operation of any machinery or vehicles incidental to the above uses. Buildings and structures larger than 1,000 square feet shall require planning commission approval.

(3)

Municipal utilities.

(4)

Barns, sheds and other similar agricultural structures, but not greenhouses or structures that will house domestic animals or wild animals, each as defined in section 58-516. Greenhouses are regulated by the provisions of the underlying zoning district. Structures housing domestic animals and wild animals are regulated by the provisions of division 11 of this chapter. If a structure permitted under this provision is more than 1,000 square feet, the design is subject to planning commission approval. Other district standards, such as lot coverage ratio, apply. The application processing fee will be waived. The common council has approved this waiver to minimize the burden to the city's farmers and to encourage agricultural pursuits.

(c)

Permitted accessory uses.

(1)

Permitted accessory uses in the underlying base district.

(2)

Temporary roadside stands for display and sale of agricultural products grown or produced on the premises. Such uses shall be subject to planning commission approval and the following requirements:

a.

Off-street parking for a minimum of four vehicles shall be provided.

b.

No stand shall be permitted in a location where it would create a traffic hazard or nuisance. Driveways shall be located to minimize possible interference with normal flow of highway traffic.

c.

No such stand shall be closer than 50 feet to the existing street line or closer than 20 feet to any other lot line.

d.

One sign, not exceeding 20 square feet in area, shall be set back at least ten feet from the road right-of-way.

(d)

Conditional uses.

(1)

Conditional uses in the underlying base district.

(2)

Commercial hatcheries.

(3)

Commercial greenhouses and nurseries.

(4)

Animal and animal-related uses specified in division 11 as conditional uses in the OA district.

(5)

Parks, forest preserves, and recreational areas.

(6)

Public and or private utility, transmission and distribution lines, poles, and other accessories provided that when the utility proposes a main inter-city transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff-imposed conditions of section 58-265 regarding, among other things, effective screening from public view with all season vegetation.

(7)

Landscape contracting businesses.

(8)

Commercial outdoor recreational facilities subject to the conditions set forth in section 58-248(b).

(9)

Wineries.

(e)

Lot size. The minimum lot size shall have an area of not less than ten acres for uses in the OA district. The minimum lot size for property used only as residential shall be in accordance with the underlying base district.

(f)

Building height.

(1)

The height of any dwelling unit shall not exceed 42 feet.

(2)

The height of other farm structures shall not exceed 60 feet.

(g)

Minimum average lot width. The minimum average lot width shall be no less than 400 feet when land is used in accordance with the OA district. Average lot widths for other uses shall be in accordance with the underlying base district.

(h)

Minimum building setback. In accordance with the underlying base district.

(i)

Minimum building offset. Residential structures shall be in accordance with the underlying base district. Buildings or structures housing livestock shall not be erected closer than 50 feet to a side or rear lot line. Structures for the housing of farm equipment shall not be erected closer than 30 feet to the side or rear lot line.

(Code 1957, § 3.075(3); Ord. No. 2001-1008, 3-13-2001; Ord. No. 2001-1017, § XV, 5-8-2001; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2019-1543, Exh. B, 4-9-2019; Ord. No. 2019-1551, § IV, 9-10-2019; Ord. No. 2021-1591, § I(Exh. C), 6-8-2021)