Preston City Zoning Code
ARTICLE V
Zoning Districts
§ 405-28 Zoning districts established; boundaries.
A.
Districts. For the purpose of this chapter, Adams County is divided into basic and overlay zoning districts and informational overlay districts as defined herein as named and described in the following subsections:
(1)
Basic zoning districts provide all primary regulations for land use. These regulations are supplemented with more restrictive or more permissive regulations in the case of those properties which are placed into an overlay district.
(2)
Overlay zoning districts are established for the purpose of superimposing additional regulations upon lands already zoned in a basic zoning district. The regulations of the overlay may in some cases be more permissive, thereby allowing uses or requirements not allowed by the underlying basic district. The overlay district may be more restrictive, imposing regulations more stringent than those of the underlying district.
(3)
Informational overlay districts of themselves do not ordinarily impose regulations. They exist primarily to alert users of the Zoning Map to the existence of conditions on or near various properties, or of regulations by other jurisdictions. Since such districts are primarily informational, they are a public service, and not meant to be definitive when referring to other agencies. The map user should always consult the other regulatory agency for exact boundaries, regulations, and permit requirements.
B.
Boundaries.
(1)
The boundaries of these districts are hereby established as shown on the map titled "Zoning Map, Adams County, Wisconsin," dated March 1982 (revised March 18, 1998), as periodically updated, which accompanies and is part of this chapter.
(2)
Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:
(a)
Except for the various conservancy districts, boundaries shown as approximately following city or village limits, United States Public Land Survey lines, lot or property lines, center lines of streets, highways, easements, and railroad rights-of-way and such lines extended shall be construed to follow such lines unless otherwise noted on the Zoning Map. In order to reflect specific existing uses, some district boundaries do not follow these lines. These district boundaries shall be determined by the use of the scale shown on the Zoning Map and as interpreted by the Planning and Zoning Administrator.
(b)
The various conservancy districts include environmentally sensitive areas such as areas of floodplain, vegetative buffer, wetlands, woodlands, areas near water bodies, areas of steep slope and unique topography and areas that recharge public groundwater wells. These areas usually do not coincide with section, quarter section, property lines, etc., described in Subsection B(2)(a). Precise boundaries of these districts shall be determined by the use of the scale shown on the Zoning Map as interpreted by the Planning and Zoning Administrator.
(c)
Vacation of public streets shall cause the area vacated to be automatically placed in the same district as the land to which the vacated area reverts until a permanent district classification is adopted.
§ 405-29 Zoning Map.
A copy of the Zoning Map shall be adopted and approved as part of this chapter and shall be available to the public in the office of the Planning and Zoning Administrator.
§ 405-30 A-1(35) and A-1(15) Exclusive Agricultural Districts with Farmland Preservation Overlay.
A.
Purpose and intent.
(1)
The purposes and intention of the A-1 Districts are to:
(a)
Preserve agricultural land for food and fiber production.
(b)
Protect productive farms.
(c)
Maintain a viable agricultural base to support agricultural processing and service industries.
(d)
Prevent conflicts between incompatible uses.
(e)
Reduce costs of providing services to scattered nonfarm uses.
(f)
Pace and shape urban growth.
(2)
Farming operations should be conducted in substantial accordance with an approved soil and water conservation plan.
(3)
This district is generally intended to apply to lands in productive farm operations, including:
(a)
Lands historically producing good crop yields or capable of such yields.
(b)
Lands productive for dairying, livestock raising, and grazing.
(c)
Other lands which are integral parts of such farm operations.
(d)
Land used to produce specialty crops such as cranberries, mint, sod, tree crops, fruits and vegetables.
(e)
Lands capable of productive use through economically feasible improvements such as irrigation or agricultural conservation practices.
B.
Permitted uses. All uses and structures in this district are restricted to agricultural uses and uses consistent with agricultural use as specified in Subsections A to D of the definition of "use consistent with agricultural use" in § 405-9. The following uses and their customary accessory uses are permitted:
(1)
Agricultural uses.
(a)
Beekeeping.
(b)
Dairying.
(c)
Floriculture (cultivation of ornamental flowering plants).
(d)
Grazing.
(e)
Livestock raising (fewer than 25 animal units per acre).
(f)
Poultry raising.
(g)
Plant nurseries and orchards.
(h)
Raising of grain, grass, mint, and seed crops.
(i)
Raising of tree fruit, nuts, and berries.
(j)
Sod farming.
(k)
Tree farming, including Christmas trees and pulp wood.
(l)
Vegetable raising.
(m)
Viticulture (grape growing).
(n)
Forest and game management.
(o)
Commercial feed lots.
(p)
Egg production.
(q)
Placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836; participating in the milk conservation reserve program under 7 U.S.C. § 1446(d).
(r)
Filling and grading of productive agriculture fields to level topography and not for the purpose of nonmetallic mining.
(2)
(a)
Single- and two-family dwellings and single-wide manufactured homes (Note: See definition of "manufactured home") that have a use consistent with agricultural use and that are occupied by any of the following:
[1]
An owner of the farm.
[2]
A person who, or a family at least one adult member of which, earns more than 50% of his or her gross income from conducting the farm operations on the farm.
[3]
A parent or child of an owner who conducts more than 50% of the farm operations on the farm.
[4]
A parent or child of an owner who resides on the farm and who previously conducted more than 50% of the farm operations on the parcel.
(b)
Preexisting residences, including mobile and manufactured homes, located in areas subject to zoning under this section, which do not conform to Subsection B(2)(a) above may be continued in residential use and shall not be subject to any limitations imposed or authorized under § 59.69(10), Nonconforming uses, of the Wisconsin Statutes. The residences must have existed prior to January 1, 2014.
(3)
Other agricultural structures and improvements.
(4)
Permitted other uses. The following nonagricultural uses are allowed:
(a)
Kennels [capacity not exceeding one animal unit per acre; over one animal unit per acre, see Subsection C(1)(u)] [consistent with § 91.01(1)(d), Wis. Stats.].
(c)
Nature trails and walks.
(d)
Greenhouses.
(e)
Shooting, hunting and game preserves, both private and for hire – allowed as nonstructural open space use only.
C.
Conditional uses. All uses and structures in this district are restricted to agricultural uses and uses consistent with agricultural use as specified in Subsections A to D of the definition of "use consistent with agricultural use" in § 405-9 and must be determined to be necessary with regard to alternative locations. A conditional use permit is required for uses that are not agricultural uses but are consistent with agricultural use and for agricultural uses with potentially high impacts on land, water, or neighboring farms or land uses, where conditions need to be set to mitigate the impacts.
(1)
The following uses may be permitted after review and approval by the County Planning and Zoning Committee (see § 405-21 for application and review requirements):
(a)
Farm family business: a business operated by the owner or operator, or resident family member of the owner or operator, of a farm, that is not associated with an agricultural use, that requires no buildings, structures, or improvements other than those described in § 91.01(1)(a) or (c), Wis. Stats., that employs no more than four full-time nonfamily employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland. [See Ch. ATCP 49.01(11), Wis. Adm. Code.]
(b)
Temporary housing for seasonal farm labor.
(c)
Feedlots/concentrated feeding operations (CAFOs) involving more than 25 animal units per acre occupied, excluding cattle, swine, poultry, sheep and goats regulated under Ch. ATCP 51, Wis. Adm. Code. Note: "Animal unit" definition in § 405-9 applies.
(d)
Permanent saw mills.
(e)
Fur farms.
(f)
Noncommercial stables and paddocks.
(g)
Noncommercial equestrian trails.
(h)
Fish farms.
(i)
Dams and flowages.
(j)
Governmental uses such as police and fire stations, highway storage garages, potable water wells and treatment facilities, wastewater treatment plants, schools, parks and campgrounds, and airports and landing strips [consistent with § 91.46(5), Wis. Stats.].
(k)
Religious uses such as churches, schools, and cemeteries [consistent with § 91.46(5), Wis. Stats.].
(l)
Gas and electric utility uses not requiring authorization under § 196.491, Wis. Stats. [consistent with § 91.46(4), Wis. Stats.].
(m)
The sale and service of machinery used in agricultural production if operated as a farm family business and remaining a secondary use on an operating farm.
(n)
Facilities operated as a farm family business but remaining secondary to an operating farm for the centralized bulk collection and storage of agricultural products before transportation to further processing or to wholesale and retail markets.
(o)
The regular commercial storage and sale of seed, feed, fertilizer, and other products essential to agricultural production as distinguished from on-farm storage or occasional farmer to farmer sales that qualify as "agricultural use" under Subsection B(1) where the operation is a farm family business but still is secondary to operating farm activities.
(p)
Facilities used to provide veterinarian services for livestock.
(q)
Facilities secondary to an operating farm used in original but not final processing of agricultural products, such as grain drying bins, on a fee commercial basis but not exceeding a farm family business in scope, as distinguished from on-farm processing, or occasional processing of off-farm produce that qualifies as "agricultural use" under Subsection B(1).
(r)
Nonmetallic mineral extraction in excess of one acre, for which a reclamation plan that provides for restoration of the site to agricultural use has been approved by the Adams County Land and Water Conservation Department [consistent with § 91.46(6), Wis. Stats.].
(s)
Veterinarian services involving outdoor keeping of patient animals, serving primarily farm livestock.
(t)
Other agricultural-related, religious, utility, institutional, or governmental uses similar to those listed in Subsections B and C which are compatible with the purposes of this district, which are uses consistent with agricultural use, and which are found necessary in light of alternative locations available for such uses.
(u)
Veterinarian services involving outdoor keeping of patient animals, serving small animals and nonfarm livestock [consistent with § 91.01(1), Wis. Stats.].
(v)
Nonveterinarian kennels with capacity to breed, raise, or board more than six animals at once [consistent with § 91.01(1), Wis. Stats.].
(w)
Chapter ATCP 51, Wis. Adm. Code, defined "livestock facilities" of 500 animal units and larger. Note: "Animal unit" has the meaning given in § NR 243.03(5), Wis. Adm. Code, as of April 27, 2004.
(2)
Permits for existing livestock facilities.
(a)
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)
Except as provided in Subsection C(2)(a), a permit is not required for a livestock facility that was previously issued a conditional use permit or other local approval. 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.
(d)
Application procedure. 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 hereby incorporated by reference. The application form and worksheets establish compliance with the standards in Ch. ATCP 51, Wis. Adm. Code, and this chapter. The operator must provide four duplicate copies of the application form, including worksheets, maps and documents (other than engineering design specifications) included in the application. Note: Section ATCP 51.30, Wis. Adm. Code, provides that an applicant may be required to file up to four duplicate copies of a permit application. One copy must be filed after a final decision on the application with the Department of Agriculture, Trade and Consumer Protection. If approved, one duplicate copy marked "Approved" must be given back to the applicant. The applicant may wish to record the approved application with the Register of Deeds.
(e)
Application fee. A nonrefundable application fee as set by the County Board shall accompany an application.
(f)
Application review procedure.
[1]
Within 45 days after the County 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 County shall notify the applicant that the application is complete. This notice does not constitute an approval of the proposed livestock facility.
[2]
Within 14 days after the County notifies an applicant that the application is complete, the County shall notify adjacent landowners of the application. The County shall use the approved notice form in Ch. ATCP 51, Wis. Adm. Code, and mail a written notice to each adjacent landowner.
[3]
The County shall grant or deny an application within 90 days after the notice of a complete application is provided as required above. The County may extend this time limit for good cause, including any of the following:
[a]
The County needs additional information to act on the application.
[b]
The applicant materially modifies the application or agrees to an extension. The County shall give written notice of any extension. The notice shall specify the reason for the extension and the extended deadline date by which the County will act on the application.
(g)
Public hearing. The County shall schedule a public hearing on the application within 90 days after issuing notice of a complete application.
(i)
Criteria for issuance of a permit.
[1]
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. Note: If the application and worksheets prescribed by Ch. ATCP 51, Wis. Adm. Code, are properly completed, there is a rebuttable presumption that the applicant has met the application requirements.
[2]
A permit may be denied if any of the following apply:
[a]
The application, on its face, fails to meet the standard for approval.
[b]
The County 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.
[c]
Other grounds authorized by § 93.90, Wis. Stats., that warrant disapproving the proposed livestock facility.
[3]
No conditions may be imposed on a permit other than standards provided by ordinance.
(j)
Record of decision.
[1]
The Planning and Zoning Committee shall issue its decision in writing. Its decision shall be based on written findings of fact supported by evidence in the record.
[2]
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.
(k)
Notice to Department. The County Clerk, as required by Ch. ATCP 51.34, Wis. Adm. Code, within 30 days of the 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 County's decision.
[2]
File with the Department a copy of the final application granted or denied, if the County has granted or denied an application under this Subsection C(2). (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.)
(l)
Expiration of permit. A permit remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted under the permit and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the County 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:
(m)
Permit modifications. The operator may make reasonable changes that maintain compliance with the standards in this chapter, and the County shall not unreasonably withhold authorization for those changes.
(n)
Compliance monitoring.
[1]
The County shall monitor compliance with this chapter as follows:
[a]
Upon notice to the livestock facility owner, request the right of the Planning and Zoning Administrator or his designee 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.
[b]
If the livestock facility owner refuses the Planning and Zoning Administrator or his designee the right to view the permitted facility, the Planning and Zoning Administrator or his designee may request the assistance of the 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.
[2]
If a permitted facility is found not to be in compliance with the commitments made in the approved application, the Planning and Zoning Administrator or his designee shall issue a written notice to the livestock facility owner stating the conditions of noncompliance and directing that the commitments of the approved application be complied with in a reasonable amount of time stated in this written notice.
[3]
If noncompliance with the permit conditions as described in the written notice given by the Planning and Zoning Administrator or his designee continues past the stated reasonable time to comply, the Planning and Zoning Administrator or his designee may take further action as provided in this chapter, including, but not limited to, issuance of a citation or seeking of injunctive relief.
[4]
If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request, in writing, a hearing within five days of receipt of the notice of noncompliance. The Planning and Zoning Committee shall schedule a hearing within five days to determine if the conditions of the permit have been complied with or whether noncompliance with the commitments of the approved application and local approval exists.
(o)
Terms of the permit. A permit and the privileges granted by a permit issued under this Subsection C(2) are conditioned on the livestock operator's compliance with the standards in this chapter and with commitments made in the application for a permit. The County is authorized to suspend a permit or seek other redress provided in this chapter for noncompliance.
(p)
Transferability. 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 County Clerk 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.
(3)
Standards applicable to conditional uses other than Ch. ATCP 51, Wis. Adm. Code, regulated livestock facilities. The Department of Agriculture, Trade, and Consumer Protection shall be notified of the approval of any conditional uses. In passing upon applications for conditional uses, the County Planning and Zoning Committee shall consider the following relevant factors:
(a)
The statement of purposes of this chapter and the A-1 District.
(b)
Potential for conflict with agriculture use.
(c)
Need of the proposed use for a location in an agricultural area.
(d)
Availability of alternative locations.
(e)
Compatibility with existing or permitted uses on adjacent lands.
(f)
Productivity of the lands involved.
(g)
Location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted to such use as to meet the definition of "use consistent with agricultural use" in § 405-9 hereof.
(h)
Need for public services created by the proposed use.
(i)
Availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.
(j)
The effect of the proposed use on water or air pollution, soil erosion, and rare or irreplaceable natural resources.
(4)
Conditions which may be attached to conditional uses. Upon a consideration of information supplied at the public hearing and a review of the standards contained in Subsection C(3), the following conditions may be attached to the granting of a conditional use: increased setbacks and yards; specifications for water supply, liquid waste, and solid waste disposal facilities; landscaping and planting screens; sureties; operational controls and time of operation; air pollution controls; erosion prevention measures; location of the use; and similar requirements found necessary to fulfill the purpose and intent of this chapter. Violation of these conditions shall constitute a violation of this chapter as provided in § 405-25 of this chapter.
D.
Yard/setback requirements.
(1)
Chapter ATCP 51, Wis. Adm. Code, regulated livestock facilities of 500 animal units and larger. All buildings, structures, or enclosures, including pastures which house or confine animals, including, but not limited to, animal hospitals, kennels, barnyards, feedlots, and stables, shall meet the following minimum setback requirements:
(a)
Zoning district setbacks.
[1]
Residential, business, planned residential and public and semipublic zoned parcels: minimum of 350 feet for nonresidential structures and livestock.
(b)
General setbacks {subject to Subsection D(1)(a)[1] above}.
[1]
Property line fewer than 1,000 animal units: 100 feet.
[2]
Property line 1,000 animal units and greater: 200 feet.
Note: The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to September 20, 2006, except that a structure may not be expanded closer to the property line. |
[3]
Public road right-of-way fewer than 1,000 animal units: 100 feet.
[4]
Public road right-of-way 1,000 animal units and greater: 150 feet.
Note: The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to September 20, 2006, except that a structure may not be expanded closer to the public road right-of-way. |
(c)
Waste storage structures.
[1]
New waste storage structure:
[a]
Property line: 350 feet.
[b]
Public road right-of-way: 350 feet.
Note: A single new waste storage structure may be constructed closer to the property line or public road if a new structure is: | |
A. | Located on the same tax parcel as a waste storage structure in existence before September 20, 2006. |
B. | No larger than the existing structure. |
C. | No further than 50 feet from the existing structure. |
D. | No closer to the road or property line than the existing structure. |
Note: This setback requirement does not apply to existing waste storage structures, except that an existing structure within 350 feet of a property line or road may not expand toward that property line or road. | |
(d)
Water quality and related setbacks.
[1]
Navigable waters and wetlands. 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.
[2]
Floodplain. 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.
[3]
Wells. All wells located within a livestock facility shall comply with Chs. NR 811 and 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chs. 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 September 20, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.
(2)
Agricultural uses not regulated under Ch. ATCP 51, Wis. Adm. Code.
(b)
All other uses shall meet the following minimum setback requirements:
[1]
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
[2]
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
[3]
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
[4]
Front lot line: 30 feet for all structures.
[5]
Rear lot line: 30 feet for dwelling and attached accessory structures; 10 feet for detached accessory building.
[6]
Side lot line: 10 feet for all structures.
Note: Subsection D(2)(b)[4], [5] and [6] above are subject to Subsection D(2)(b)[1], [2] and [3] above. |
E.
F.
Area requirements. (See also § 405-15.) All lots shall meet the following requirements:
(2)
Maximum additional dwelling area.
I.
Standards for rezoning.
(1)
Decisions on petitions for rezoning areas zoned Exclusive Agriculture, but not in a Farmland Preservation Area, shall be based on findings which consider:
(a)
Adequate public facilities to serve the development are present or will be provided.
(b)
Provision of these facilities will not be an unreasonable burden to local government.
(c)
The land is suitable for development.
(d)
Development will not cause unreasonable air and water pollution, soil erosion, or adverse effects on rare or irreplaceable natural areas.
(e)
The potential for conflict with remaining agricultural uses in the area.
(f)
The need of the proposed development location in an agricultural area.
(g)
Availability of alternative locations.
(2)
Preservation Zoning District.
(a)
The County will, by March 1 of each year, provide the Department a report of the number of acres that it has rezoned from the Certified Farmland Preservation Zoning District per § 91.48(2), Wis. Stats.
(b)
A political subdivision with a Certified Farmland Preservation Zoning Ordinance may rezone land out of a Farmland Preservation Zoning District without having the rezoning certified under § 91.48, Wis. Stats., if the political subdivision finds all of the following, after public hearing:
[1]
The land is better suited for a use not allowed in the Farmland Preservation Zoning District.
[2]
The rezoning is consistent with any applicable Comprehensive Plan.
[3]
The rezoning is substantially consistent with the County Certified Farmland Preservation Plan.
[4]
The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
(3)
Parcels mapped in the A-1(35) and A-1(15) Districts without the FP Overlay are not planned for farmland preservation in the County Certified Farmland Preservation Plan and are not eligible for the farmland preservation credit.
§ 405-30.1 A-1(35) and A-1(15) Exclusive Agricultural Districts.
A.
Purpose and intent.
(1)
The purposes and intention of the A-1 Districts are to:
(a)
Preserve agricultural land for food and fiber production.
(b)
Protect productive farms.
(c)
Maintain a viable agricultural base to support agricultural processing and service industries.
(d)
Prevent conflicts between incompatible uses.
(e)
Reduce costs of providing services to scattered nonfarm uses.
(f)
Pace and shape urban growth.
(2)
Farming operations should be conducted in substantial accordance with an approved soil and water conservation plan.
(3)
This district is generally intended to apply to lands in productive farm operations, including:
(a)
Lands historically producing good crop yields or capable of such yields.
(b)
Lands productive for dairying, livestock raising, and grazing.
(c)
Other lands which are integral parts of such farm operations.
(d)
Land used to produce specialty crops, such as cranberries, mint, sod, tree crops, fruits and vegetables.
(e)
Lands capable of productive use through economically feasible improvements, such as irrigation or agricultural conservation practices.
B.
Permitted uses. All uses and structures in this district are restricted to agricultural uses and uses consistent with agricultural use as specified in Subsections A to D of the definition of "use consistent with agricultural use" in § 405-9. The following uses and their customary accessory uses are permitted:
(1)
Agricultural uses.
(a)
Beekeeping.
(b)
Dairying.
(c)
Floriculture (cultivation of ornamental flowering plants).
(d)
Grazing.
(e)
Livestock raising (fewer than 25 animal units per acre).
(f)
Poultry raising.
(g)
Kennels [capacity not exceeding one animal unit per acre; over one animal unit per acre, see Subsection C(1)(u)].
(h)
Plant nurseries and orchards.
(i)
Raising of grain, grass, mint, and seed crops.
(j)
Raising of tree fruit, nuts, and berries.
(k)
Sod farming.
(l)
Tree farming, including Christmas trees and pulp wood.
(m)
Vegetable raising.
(n)
Viticulture (grape growing).
(o)
Forest and game management.
(p)
Nature trails and walks.
(q)
Greenhouses.
(r)
Commercial feed lots.
(s)
Egg production.
(t)
Fish or fur farming.
(u)
Shooting, hunting and game preserves, both private and for hire.
(v)
Placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836; participating in the milk conservation reserve program under 7 U.S.C. § 1446(d).
(w)
One roadside stand per farm used solely for the sale of agricultural products produced on the premises or adjoining premises and not employing more than two nonfamily members (see "farm family business" in § 405-9 herein).
(x)
Filling and grading of productive agriculture fields to level topography and not for the purpose of nonmetallic mining. The spoils may be transported off site.
(2)
(a)
Single- and two-family dwellings and single-wide manufactured homes that have a use consistent with agricultural use and that are occupied by any of the following:
[1]
An owner of the parcel.
[2]
A person who, or a family at least one adult member of which, earns the majority of his or her gross income from conducting the farm operations on the parcel.
[3]
A parent or child of an owner who conducts the majority of the farm operations on the parcel.
[4]
A parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel.
(b)
Preexisting residences, including mobile homes, located in areas subject to zoning under this section which do not conform to Subsection B(2)(a) above may be continued in residential use and shall not be subject to any limitations imposed or authorized under § 59.69(10), Nonconforming uses, of the Wisconsin Statutes.
(c)
Recreational vehicles as provided in § 405-47C(2) of this chapter.
(3)
Other agricultural structures and improvements.
C.
Conditional uses. All uses and structures in this district are restricted to agricultural uses and uses consistent with agricultural use as specified in Subsections A to D of the definition of "use consistent with agricultural use" in § 405-9 and must be determined to be necessary with regard to alternative locations. A conditional use permit is required for uses that are not agricultural uses but are consistent with agricultural use and for agricultural uses with potentially high impacts on land, water, or neighboring farms or land uses, where conditions need to be set to mitigate the impacts.
(1)
The following uses may be permitted after review and approval by the County Planning and Zoning Committee (see § 405-21 for application and review requirements):
(a)
Farm family businesses, including home occupations, and professional home offices conducted within existing farm residences or structures or portions of the existing farmstead that are not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed by the farm family business.
(b)
Temporary housing for seasonal farm labor.
(c)
Feedlots/concentrated feeding operations (CAFOs) involving more than 25 animal units per acre occupied, excluding cattle, swine, poultry, sheep and goats regulated under Ch. ATCP 51, Wis. Adm. Code. Note: "Animal unit" definition in § 405-9 applies.
(d)
Permanent saw mills.
(e)
Fur farms.
(f)
Noncommercial stables and paddocks.
(g)
Noncommercial equestrian trails.
(h)
Fish farms.
(i)
Dams and flowages.
(j)
Governmental uses such as police and fire stations, highway storage garages, potable water wells and treatment facilities, wastewater treatment plants, schools, parks and campgrounds, and airports and landing strips.
(k)
Religious uses such as churches, schools, and cemeteries.
(l)
Gas and electric utility uses not requiring authorization under § 196.491, Wis. Stats.
(m)
The sale and service of machinery used in agricultural production if operated as a farm family business and remaining a secondary use on an operating farm.
(n)
Facilities operated as a farm family business but remaining secondary to an operating farm for the centralized bulk collection and storage of agricultural products before transportation to further processing or to wholesale and retail markets.
(o)
The regular commercial storage and sale of seed, feed, fertilizer, and other products essential to agricultural production, as distinguished from on-farm storage or occasional farmer to farmer sales that qualify as "agricultural use" under Subsection B(1), where the operation is a farm family business but still is secondary to operating farm activities.
(p)
Facilities used to provide veterinarian services for livestock.
(q)
Facilities secondary to an operating farm used in original but not final processing of agricultural products, such as grain drying bins, on a fee commercial basis but not exceeding a farm family business in scope, as distinguished from on-farm processing, or occasional processing of off-farm produce that qualifies as "agricultural use" under Subsection B(1).
(r)
Nonmetallic mineral extraction in excess of 2,500 square feet, for which a reclamation plan that provides for restoration of the site to agricultural use has been approved by the Adams County Land and Water Conservation Department.
(s)
Veterinarian services involving outdoor keeping of patient animals, serving primarily farm livestock.
(t)
Other agricultural-related, religious, utility, institutional, or governmental uses similar to those listed in Subsections B and C which are compatible with the purposes of this district, which are uses consistent with agricultural use, and which are found necessary in light of alternative locations available for such uses.
(u)
Veterinarian services involving outdoor keeping of patient animals, serving small animals and nonfarm livestock; nonveterinarian kennels with capacity to breed, raise, or board more than six animals at once.
(v)
Chapter ATCP 51, Wis. Adm. Code, defined "livestock facilities" of 500 animal units and larger. Note: "Animal unit" has the meaning given in § NR 243.03(5), Wis. Adm. Code, as of April 27, 2004.
(2)
Permits for existing livestock facilities.
(a)
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)
Except as provided in Subsection C(2)(a), a permit is not required for a livestock facility that was previously issued a conditional use permit or other local approval. 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.
(d)
Application procedure. 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 hereby incorporated by reference. The application form and worksheets establish compliance with the standards in Ch. ATCP 51, Wis. Adm. Code, and this chapter. The operator must provide four duplicate copies of the application form, including worksheets, maps and documents (other than engineering design specifications) included in the application. Note: Ch. ATCP 51.30, Wis. Adm. Code, provides that an applicant may be required to file up to four duplicate copies of a permit application. One copy must be filed after a final decision on the application with the Department of Agriculture, Trade and Consumer Protection. If approved, one duplicate copy marked "Approved" must be given back to the applicant. The applicant may wish to record the approved application with the Register of Deeds.
(e)
Application fee. A nonrefundable application fee as set by the County Board shall accompany an application.
(f)
Application review procedure.
[1]
Within 45 days after the County 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 County shall notify the applicant that the application is complete. This notice does not constitute an approval of the proposed livestock facility.
[2]
Within 14 days after the County notifies an applicant that the application is complete, the County shall notify adjacent landowners of the application. The County shall use the approved notice form in Ch. ATCP 51, Wis. Adm. Code, and mail a written notice to each adjacent landowner.
[3]
The County shall grant or deny an application within 90 days after the notice of a complete application is provided as required above. The County may extend this time limit for good cause, including any of the following:
[a]
The County needs additional information to act on the application.
[b]
The applicant materially modifies the application or agrees to an extension. The County shall give written notice of any extension. The notice shall specify the reason for the extension and the extended deadline date by which the County will act on the application.
(g)
Public hearing. The County shall schedule a public hearing on the application within 90 days after issuing notice of a complete application.
(i)
Criteria for issuance of a permit.
[1]
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. Note: If the application and worksheets prescribed by Ch. ATCP 51, Wis. Adm. Code, are properly completed, there is a rebuttable presumption that the applicant has met the application requirements.
[2]
A permit may be denied if any of the following apply:
[a]
The application, on its face, fails to meet the standard for approval.
[b]
The County 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.
[c]
Other grounds authorized by § 93.90, Wis. Stats., that warrant disapproving the proposed livestock facility.
[3]
No conditions may be imposed on a permit other than standards provided by ordinance.
(j)
Record of decision.
[1]
The Planning and Zoning Committee shall issue its decision in writing. Its decision shall be based on written findings of fact supported by evidence in the record.
[2]
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.
(k)
Notice to Department. The County Clerk, as required by Ch. ATCP 51.34, Wis. Adm. Code, within 30 days of the 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 County's decision.
[2]
File with the Department a copy of the final application granted or denied, if the County has granted or denied an application under this Subsection C(2). (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.)
(l)
Expiration of permit. A permit remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted under the permit and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the County 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:
(m)
Permit modifications. The operator may make reasonable changes that maintain compliance with the standards in this chapter, and the County shall not unreasonably withhold authorization for those changes.
(n)
Compliance monitoring.
[1]
The County shall monitor compliance with this chapter as follows:
[a]
Upon notice to the livestock facility owner, request the right of the Planning and Zoning Administrator or his designee 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.
[b]
If the livestock facility owner refuses the Planning and Zoning Administrator or his designee the right to view the permitted facility, the Planning and Zoning Administrator or his designee may request the assistance of the 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.
[2]
If a permitted facility is found not to be in compliance with the commitments made in the approved application, the Planning and Zoning Administrator or his designee shall issue a written notice to the livestock facility owner stating the conditions of noncompliance and directing that the commitments of the approved application be complied with in a reasonable amount of time stated in this written notice.
[3]
If noncompliance with the permit conditions as described in the written notice given by the Planning and Zoning Administrator or his designee continues past the stated reasonable time to comply, the Planning and Zoning Administrator or his designee may take further action as provided in this chapter, including, but not limited to, issuance of a citation or seeking of injunctive relief.
[4]
If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request, in writing, a hearing within five days of receipt of the notice of noncompliance. The Planning and Zoning Committee shall schedule a hearing within five days to determine if the conditions of the permit have been complied with or whether noncompliance with the commitments of the approved application and local approval exists.
(o)
Terms of the permit. A permit and the privileges granted by a permit issued under this Subsection C(2) are conditioned on the livestock operator's compliance with the standards in this chapter and with commitments made in the application for a permit. The County is authorized to suspend a permit or seek other redress provided in this chapter for noncompliance.
(p)
Transferability. A permit and the privileges granted by the permit run with THE 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 County Clerk 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.
(3)
Standards applicable to conditional uses other than Ch. ATCP 51, Wis. Adm. Code, regulated livestock facilities. The Department of Agriculture, Trade, and Consumer Protection shall be notified of the approval of any conditional uses. In passing upon applications for conditional uses, the County Planning and Zoning Committee shall consider the following relevant factors:
(a)
The statement of purposes of this chapter and the A-1 District.
(b)
Potential for conflict with agriculture use.
(c)
Need of the proposed use for a location in an agricultural area.
(d)
Availability of alternative locations.
(e)
Compatibility with existing or permitted uses on adjacent lands.
(f)
Productivity of the lands involved.
(g)
Location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted to such use as to meet the definition of "use consistent with agricultural use" in § 405-9 hereof.
(h)
Need for public services created by the proposed use.
(i)
Availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.
(j)
The effect of the proposed use on water or air pollution, soil erosion, and rare or irreplaceable natural resources.
(4)
Conditions which may be attached to conditional uses. Upon a consideration of information supplied at the public hearing and a review of the standards contained in Subsection C(3), the following conditions may be attached to the granting of a conditional use: increased setbacks and yards; specifications for water supply, liquid waste, and solid waste disposal facilities; landscaping and planting screens; sureties; operational controls and time of operation; air pollution controls; erosion prevention measures; location of the use; and similar requirements found necessary to fulfill the purpose and intent of this chapter. Violation of these conditions shall constitute a violation of this chapter as provided in § 405-25 of this chapter.
D.
Yard/setback requirements.
(1)
Chapter ATCP 51, Wis. Adm. Code, regulated livestock facilities of 500 animal units and larger. All buildings, structures, or enclosures, including pastures which house or confine animals, including, but not limited to, animal hospitals, kennels, barnyards, feedlots, and stables, shall meet the following minimum setback requirements:
(a)
Zoning district setbacks.
[1]
Residential, business, planned residential and public and semipublic zoned parcels: minimum of 350 feet for nonresidential structures and livestock.
(b)
General setbacks {subject to Subsection D(1)(a)[1] above}.
[1]
Property line fewer than 1,000 animal units: 100 feet.
[2]
Property line 1,000 animal units and greater: 200 feet.
Note: The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to September 20, 2006, except that a structure may not be expanded closer to the property line.
[3]
Public road right-of-way fewer than 1,000 animal units: 100 feet.
[4]
Public road right-of-way 1,000 animal units and greater: 150 feet.
Note: The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to September 20, 2006, except that a structure may not be expanded closer to the public road right-of-way.
(c)
Waste storage structures.
[1]
New waste storage structure:
[a]
Property line: 350 feet.
[b]
Public road right-of-way: 350 feet.
Note: A single new waste storage structure may be constructed closer to the property line or public road if a new structure is: | |
A. | Located on the same tax parcel as a waste storage structure in existence before September 20, 2006. |
B. | No larger than the existing structure. |
C. | No further than 50 feet from the existing structure. |
D. | No closer to the road or property line than the existing structure. |
Note: This setback requirement does not apply to existing waste storage structures, except that an existing structure within 350 feet of a property line or road may not expand toward that property line or road. | |
(d)
Water quality and related setbacks.
[1]
Navigable waters and wetlands. 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.
[2]
Floodplain. 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.
[3]
Wells. All wells located within a livestock facility shall comply with Chs. NR 811 and 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chs. 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 September 20, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.
(2)
Agricultural uses not regulated under Ch. ATCP 51, Wis. Adm. Code.
(b)
All other uses shall meet the following minimum setback requirements:
[1]
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
[2]
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
[3]
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
[4]
Front lot line: 30 feet for all structures.
[5]
Rear lot line: 30 feet for dwelling and attached accessory structures; 10 feet for detached accessory building.
[6]
Side lot line: 10 feet for all structures.
Note: Subsection D(2)(b)[4], [5] and [6] above are subject to Subsection D(2)(b)[1], [2] and [3] above. |
E.
F.
Area requirements. (See also § 405-15.) All lots shall meet the following requirements:
(2)
Maximum additional dwelling area.
I.
Standards for rezoning. Decisions on petitions for rezoning areas zoned for exclusive agricultural use shall be based on findings which consider:
(1)
Adequate public facilities to serve the development are present or will be provided.
(2)
Provision of these facilities will not be an unreasonable burden to local government.
(3)
The land is suitable for development.
(4)
Development will not cause unreasonable air and water pollution, soil erosion, or adverse effects on rare or irreplaceable natural areas.
(5)
The potential for conflict with remaining agricultural uses in the area.
(6)
The need of the proposed development location in an agricultural area.
(7)
Availability of alternative locations.
(8)
Productivity of the agricultural lands involved.
(9)
The location of the proposed development to minimize the amount of agricultural land converted.
§ 405-31 A-2 Agricultural Transition District.
A.
Purpose and intent.
(1)
Purposes. The purposes of the A-2 District are to:
(a)
Provide for the orderly transition of agricultural land to other uses in areas planned for eventual urban expansion.
(b)
Defer urban development until the appropriate local government bodies determine that adequate public services and facilities can be provided at a reasonable cost.
(c)
Ensure that urban development is compatible with local land use plans and policies.
(d)
Provide periodic review to determine whether all or part of the lands should be transferred to another zoning district. Such review shall occur:
[1]
A minimum of every five years.
[2]
Upon completion or revision of the County Farmland Preservation Plan or a municipal land use plan which affects lands in the district.[1]
[1]
Editor's Note: The Farmland Preservation Plan adopted by the County Board of Supervisors in November 1980, as amended, is available at www.ncwrpc.org/Adams/index.html.
[3]
Upon extension of public services, such as sewer and water, necessary to serve urban development.
(2)
Intent. This district is intended to apply to lands located adjacent to incorporated municipalities or developed areas where such lands are predominantly in agricultural or related open space use but where conversion to nonagricultural use is expected in the near future. Lands indicated as transition areas in the Farmland Preservation Plan and similar lands are to be included.
§ 405-32 A-3 Secondary Agricultural District.
A.
Purpose and intent.
(1)
Purpose. The primary purposes of the A-3 District are to maintain, preserve, and enhance land historically used or suited for agricultural or agriculturally related purposes but which are not included within the A-1 Exclusive Agricultural District.
(2)
Intent. This district is intended to include those lands best suited to smaller farm uses, including but not limited to truck farming, horse farming, hobby farming, and orchards.
B.
Permitted uses. The following uses and their customary accessory uses are permitted:
(2)
Single- and two-family residential dwelling and seasonal dwellings.
(3)
Community-based residential facilities (CBRF) which serve eight or fewer residents.
(5)
Mobile homes and manufactured homes existing before June 27, 1990, on a lot in this A-3 District may be continued in residential use provided they are not abandoned (see § 405-34D, Prohibited uses), meet the United States Department of Housing and Urban Development (HUD) standards which became effective June 15, 1976, and the minimum floor area of the definition of "manufactured home" in § 405-9.
(6)
Home occupations.
C.
Conditional uses. The following uses may be permitted after review and approval by the County Planning and Zoning Committee (see § 405-21 for application and review requirements):
D.
Yard requirements.
(2)
All other uses shall meet the following minimum setback requirements:
(a)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(b)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(c)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(d)
Front lot line: 30 feet for all structures.
(e)
Rear lot line: 30 feet for dwelling and attached accessory structures, 10 feet for detached accessory building.
E.
§ 405-33 R-1C Single-Family Conservation Residence District.
A.
Purpose and intent. The R-1C District is intended to require the use of nontraditional residential subdivision design, known as "conservation subdivision," that will cluster the residential parcels and preserve open space and forest land, but so designed to be spacious and protected from encroachment of noncompatible land use, noise and traffic hazard. The district is also intended to avoid overcrowding by requiring certain minimum yards, open spaces and site area while making available dwellings designed for and occupied exclusively by one family.
B.
D.
Yard requirements. All uses shall meet the following minimum setback requirements:
(1)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(2)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(3)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(4)
Front lot line: 30 feet for all structures.
F.
Area requirements. (See also § 405-15.)
(1)
Project area: minimum 20 acres.
(2)
Development lots.
(a)
Area excluding access strips: minimum 20,000 square feet.
(b)
Width: minimum of 100 feet, measured at the front yard building setback line.
(c)
Road frontage: minimum 70 feet.
(d)
Maximum ground coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed the following percentage of total lot area: 20%.
(3)
Preservation area.
(a)
Fifty percent or more of the developable land and all undevelopable land area shall be designated as undivided permanent open space.
(b)
All the land which is not divided into development land shall be designated as permanent open space, not to be further subdivided, and protected through conservation easement held by the County, by a recognized land trust or conservancy, or shall be held in common by equal shares by the owners of the development lots. All development lots capable of being further divided shall be restricted from further division by setting forth such restrictions in a recordable document naming the County as an interested party with standing to enforce such restrictions.
§ 405-34 R-1 and R-1(LL) Single-Family Residential Districts.
A.
Purpose and intent. The purpose of these districts is to establish and preserve quiet, single-family neighborhoods as desired by large numbers of people, free from uses except those which are both compatible with and convenient to the residents of such a district.
B.
Permitted uses. The following uses and their customary accessory uses are permitted:
(1)
Detached single-family dwellings provided they contain the following minimum requirements:
(a)
Area: 720 square feet of livable floor area, with at least one portion able to contain a square 24 feet on a side.
(2)
Residential condominium.
(3)
Home occupations and professional home office.
(4)
Essential services.
(5)
Community-based residential facilities which serve eight or fewer residents.
(9)
Chickens: maximum of five chickens per lot. No roosters.
C.
Conditional uses. The following uses may be permitted after review and approval by the County Planning and Zoning Committee (see § 405-21 for application and review requirements):
(2)
Community-based residential facilities which serve nine or more residents.
(3)
Private parks, commercial swimming pools, and similar commercial recreational facilities, including ski and other trails, schools and churches provided they are located, planned, and designed to avoid undue noise or other nuisances and dangers.
(4)
Legal nonconforming uses.
(5)
Two-family dwellings and multifamily dwellings not exceeding eight units per structure.
(6)
Temporary rent or lease of single-family, duplex and multifamily dwellings.
(7)
Day-care centers.
D.
Prohibited uses.
(1)
Livestock, other than as permitted in Subsection B(9) above, on lots less than two acres. On lots over two acres, livestock shall not exceed one animal unit per acre.
(2)
Mobile homes or single-wide manufactured homes not occupied on a regular basis (not left vacant more than 12 months at a time) or abandoned mobile homes or single-wide manufactured homes and other vehicles.
E.
Yard requirements. All uses shall meet the following minimum setback requirements:
(1)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(2)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(3)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(4)
Front lot line: 30 feet for all structures.
F.
G.
(1)
Maximum ground coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed the following percentage of total lot area: 20%, and in no case more than 8,000 square feet.
(3)
Lot width. All lots shall have a minimum width of 100 feet, measured at the front yard setback line.
§ 405-35 R-2 Rural Residential District.
A.
Purpose and intent. The purpose of this district is to provide for areas of residential living in the rural countryside, where prime agricultural lands would not be involved, and where the residents of this district accept agriculture as the dominant way of life, wishing to participate in a limited way, living on large lots that have space for vegetable gardens, small crop fields or orchards, keeping of livestock, and similar rural activities. Since parcels suitable to be placed in this district may be scattered along the rural road network, among larger tracts of A-1 zoning, this district may be expected to regulate small groupings of such residences. Although this district will be used in an agricultural environment, since the emphasis of this district is on residential living, it is necessary to place limits on the amount of animal keeping on each parcel.
B.
Permitted uses. The following uses and their customary accessory uses are permitted:
(1)
Same as R-1 and R-1(LL) Single-Family Residential District (see § 405-34B) as well as agricultural activities compatible with rural residential living, such as gardening, raising seed, grain and fruit crops, beekeeping, horse grazing and stables, and limited livestock raising and keeping as follows: one livestock unit for each acre of lot area.
E.
Yard requirements. All uses shall meet the following minimum setback requirements:
(1)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(2)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(3)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(6)
Side lot line: 10 feet for all structures.
§ 405-36 R-3 Versatile Residential District.
A.
Purpose and intent. The purpose of this district is to provide areas for a variety of housing structures and to regulate existing mobile/manufactured home developments and provide for new such settlements.
B.
Permitted uses. The following uses and their customary accessory uses are permitted:
C.
Conditional uses. The following uses may be permitted after review and approval by the County Planning and Zoning Committee (see § 405-21 for application and review requirements):
(1)
Commercial recreational facilities such as swimming pools, tennis or golf clubs, or lakeshore boating spaces, intended to serve more than only residents of a manufactured home park.
(2)
Community-based residential group home facilities and day care.
(3)
Manufactured home parks, including common open and recreational space and management office.
E.
Yard requirements. All uses shall meet the following minimum setback requirements, except side yards shall be increased to 30 feet where units are not served with public sanitary sewer:
(1)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(2)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(3)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(4)
Front lot line: 30 feet for all structures.
(5)
Rear lot line: 30 feet for dwelling and attached accessory structures, 10 feet for detached accessory building.
G.
Area requirements. (See also § 405-15.)
§ 405-37 PR Planned Residential Community District.
A.
Purpose and intent. The purpose of this district is to provide an area for large-scale mixed-use development such as permanent and seasonal residential dwelling units, open space and recreational uses, and compatible commercial uses. The intent is to permit the grouping of residential and nonresidential uses identified with lake and recreational developments.
C.
Conditional uses.
(1)
The following uses may be permitted following County Planning and Zoning Committee review and approval (see also § 405-21A and Subsection I of this section for application and review requirements):
(a)
Boating and fishing supply sales.
(b)
Campgrounds and recreational vehicle parks.
(c)
Camping supply sales.
(d)
Multifamily dwellings.
(e)
Food stores.
(f)
Marinas.
(g)
Public or private parks, recreation areas, and community buildings.
(h)
Recreational buildings and recreational or educational camps.
(i)
Service stations.
(j)
Restaurants.
(k)
Hotels.
(l)
Temporary rent or lease of single-family, duplex and multifamily dwellings.
(2)
Every such development shall be subject to review and consideration by the County Planning and Zoning Committee with regard to its acceptability under this section. The following criteria shall be applied to every proposed development as a basis for determining its consistency with the letter and spirit of this chapter:
(a)
Its compatibility with the site, with particular emphasis on the preservation of natural features and the use of open space.
(b)
Its overall compatibility with existing land uses in the vicinity and with probable future land uses in the vicinity.
(c)
The internal compatibility of the various land uses proposed to be included within the development.
(d)
Its compatibility with the existing and probable future transportation facilities in the vicinity, and its tendency to increase the demand upon those facilities.
(e)
The provision of adequate internal circulation facilities, including streets and sidewalks, and parking facilities within the development.
(f)
Its compatibility with existing and probable future provision for public utility services such as sewer and water facilities, and its tendency to increase the demand upon those facilities.
(g)
Its compatibility with existing and probable other public service, such as schools, police protection, fire protection, street maintenance, etc., and its tendency to increase the demand upon these services.
(h)
The provision of adequate open space for both active and passive recreation, the provision of public access to streams and bodies of water, the preservation of environment and aesthetic values, the provision of adequate and appropriate arrangements for the continuing preservation of the aforesaid features, including legal restrictions and other legal devices, and the provision of adequate and appropriate institutional arrangements for continued maintenance.
(i)
The long-term economic stability of the proposed development and its economic impact on other properties in the vicinity
(j)
The presentation of an adequate and practicable implementation schedule for completion of the development, whether by stages or all in one period, in order to ensure that the adverse results of failure to complete the development may be effectively avoided.
D.
Yard requirements. All uses shall meet the following minimum setback requirements around the perimeter of the development project. Other yard requirements may be as established by the approved project plan. (See also § 405-13.)
(1)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(2)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(3)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(4)
Side yard: 30 feet.
(5)
Rear yard: 30 feet.
F.
Area requirements. (See also § 405-15.)
(1)
Maximum ground coverage. The total ground area occupied by any principal building with all its accessory buildings shall not exceed 20% of the total lot area.
(2)
Land requirements. All uses shall meet the following minimum requirements:
(a)
Minimum area: five acres.
(b)
Minimum width of development parcel: 200 feet.
(c)
Land area per dwelling unit: 20,000 square feet computed by dividing the project area, net of present street rights-of-way, by 20,000 square feet after first deducting 20% for future public or private streets and 10,000 square feet for open spaces.
I.
Additional application requirements.
(1)
In addition to the application requirements contained in § 405-21A of this chapter, all applications for PR Planned Residential Community shall include the following:
(a)
The applicant for a change in zoning to Planned Residential Community must satisfy the County Planning and Zoning Committee that it has the ability to carry out the proposed plan and prepare and submit a schedule for construction.
(b)
The applicant shall prepare and submit a preliminary development plan for review by the County Planning and Zoning Committee which shall include, but not be limited to, the following:
[1]
A topographic map showing contours at intervals of two feet or less.
[3]
Location map showing present zoning, use, and character of adjacent property and property boundary. Distances from existing community facilities should be indicated.
[4]
A map showing the general arrangement of streets, both public and private.
[5]
A map showing the drainage plan for the development and location of all adjacent water resources.
[6]
A map showing the location of the proposed sewage disposal system, water system, and other utilities.
(c)
Upon approval of the preliminary development plan, the applicant shall:
(2)
In the event that, within 36 months following approval by the governing body, the applicant has not completed the planned roads and related utilities and open space improvements of the approved first phase in accordance with the plans so approved, the County Planning and Zoning Committee shall initiate action to review and determine if extension is justified or if recommendation for rezoning is to be made by the governing body.
§ 405-38 B-1 Rural Business District.
A.
Purpose and intent. The purpose of this district is to provide for commercial development that already exists in unincorporated settlements or in isolated locations along the local, County, and state roadway network, and for new such development.
(1)
Given the wide variety of business uses that must be accommodated, and the wide variety of traffic and access conditions that pertain to the specific highway locations, this district provides for a diversity of regulations as to highway and building access, setbacks, side yards, and related regulations.
(2)
This diversity in dealing with specific conditions requires that each permit for building or parking construction, or highway access, for properties already in the district, and for properties petitioned to be placed in the district, first be subjected to review and approval of their building and site plans, with a view to improving existing conditions, and to creating safe and functional new conditions, as enumerated below under Subsection I.
B.
Permitted uses. The following uses and their customary accessory uses, such as parking and signs, are permitted subject to review of building and site plans per Subsection I following:
(1)
Retail establishments.
(2)
Community and customer service establishments, including financial and other personal services, including funerals; consumer item repairs, including motor vehicle sales and service; eating and drinking establishments; overnight lodging (hotel, motel, resort cabin and similar); indoor commercial recreation, such as bowling alleys and theaters; and clubs, lodges or other meeting places or halls.
(3)
Offices for the professions, insurance, utilities, studios, medical clinics, veterinarian (no outdoor keeping of animals) and other businesses.
(4)
Automobile drive-through establishments where the service rendered or product sold is provided for each customer while he remains in or near his vehicle, and provided one or a few vehicles at a time are served, in contrast with an outdoor theater where all customers are served at once.
(5)
Wholesaling or warehousing uses serving a broad range of consumers, including residents and contractors, including rental storage units.
(6)
Commercial storage buildings.
(7)
Existing residences and proposed accessory uses and structures thereto located within the district shall be considered conforming.
(8)
New residences which are solely accessory to a permitted use, such as one provided for an owner or caretaker.
C.
Conditional uses. The following uses may be permitted after review and approval by the County Planning and Zoning Committee (see § 405-21 for application and review requirements):
(1)
Auto salvage yards.
(2)
Contractor equipment and supply storage yards.
(3)
Remote propane and electric substations.
(4)
Day-care facilities for children or adult community-based residential facilities.
(5)
Manufacturing related to the sale or services of the principal use, such as cabinet or HVAC fabrication shops.
(6)
Outdoor recreation facilities, including campgrounds, recreational vehicle parks, drive-in theaters, amusement parks, commercial recreation fields, golf driving ranges, shooting ranges, and race tracks.
(7)
Truck terminals, or truck service facilities involving washing or vehicle repair.
(8)
Veterinarian services involving outdoor keeping of patient animals.
(9)
Kennels.
(10)
Commercial feed storage involving retail or wholesale sales, as contrasted with storage accessory to a farm.
D.
Yard requirements.
(1)
In existing settlements involving a series of established substandard parcels, businesses and other uses which were built with little or no setbacks and side yards, existing distances shall be considered conforming to this chapter; additions to such uses or new construction mingled among such uses shall be reviewed under Subsection I below as to the desirability and feasibility of achieving greater distances, including averaging existing and required distances of Subsection D(4) herein. Note: Situation example: Grand Marsh.
(2)
Isolated existing individual businesses constructed along the road network with little or no setbacks or other yards shall be considered nonconforming uses under Article IX of this chapter.
(3)
A zero setback may be approved for intended common wall building construction or shared parking and cross lot drives.
(4)
Building (business and residential).
(a)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(b)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(c)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(d)
Side yard: 30 feet.
(e)
Rear yard: 30 feet.
G.
Area requirements.
J.
Special requirements.
(1)
No use in this district requiring a building or zoning permit shall be approved until a building and site plan review and approval has first taken place by the County planning and highway staffs. Persons not satisfied with the requirements proposed to be imposed upon the use as a result of said staff review may seek modifications of the conditions by the County Planning and Zoning Committee. Said staff may consult with the Wisconsin Department of Transportation in arriving at standards and conditions as will promote a safe and efficient public highway system.
(2)
The review described in Subsection I(1) above shall be concerned with, and be limited to, the number and location of driveways, with a view to reducing the number and increasing the spacing thereof; the type and amount of landscape and signing to help define proper use of driveway openings; positioning of the buildings and their entrances (including lateral access into parking areas) to make effective and safe use of the highway access points; and achieving cross access between adjacent properties to discourage unnecessary vehicular movement on the public highway in order for vehicles to travel between uses. Frontage or rear access roads and shared driveways may be required.
§ 405-39 I-1 Industrial District.
A.
Purpose and intent.
(1)
It shall be the purpose of the Industrial District to provide areas for manufacturing and related uses and employment which areas would be both desirable for such uses and yet not detrimental to the subject site or surrounding areas by reason of vibration, contamination of surface or ground waters or of the air from dust, smoke, fumes, odor, or noise, or of harm to property values, health, safety, prosperity, aesthetics and general welfare by virtue of the foregoing or for reasons including harm to public safety or general welfare due to traffic, loading or industry-specific characteristics (see also Subsection I).
(2)
Plan. In order to determine that none of the deleterious factors listed in Subsection A(1) preceding are likely to be present, no permit for a use or expansion thereof in this district shall be granted until a plan for the use has first been submitted by the applicant and reviewed and approved by the staffs of the County Planning and Zoning Department and the County Highway Commissioner's office. Such reviews shall be made expeditiously, on forms or other uniform basis, dealing with the building, site and operations of the proposed use, and may include conditions of approval. Applicants unsatisfied with denials or with the conditions of approval may seek review and modification by the County Planning and Zoning Committee.
B.
Permitted uses (including usual accessory parking and signs) subject to Subsection A(2) above.
(1)
Manufacturing, assembly, fabrication, and processing operations, including related materials and product storage and warehousing, where the factors of Subsection A(1) would not be violated.
(2)
Transportation terminals, including trucking and railroading, and related transportation services, including accessory sale of fuel or service, overnight lodging, and eating facilities oriented to trucks.
(3)
General warehousing.
(4)
Commercial or service uses that are oriented to serve industrial functions and which prefer to locate within an industrial area, such as restaurants, professional offices, and highway service uses such as those listed in Subsection B(2), but which also serve passenger automobiles.
(5)
Public utility offices and installations, including service yards.
(6)
Retail uses which by virtue of their extensive outdoor storage or display of product prefer to locate in an industrial area, including building supply, contractor or farm equipment, recreational or manufactured home (Note: See definition of "manufactured home") sales, and similar uses.
(7)
Sexually oriented businesses.
(8)
Offices or owner/caretaker residence accessory to any of the above uses.
(9)
Zoo.
C.
Conditional uses; standards.
(1)
Conditional uses.
(a)
Day-care facilities for the children or older adult relatives of employees or other community residents, where the location within an industrial area is convenient and yet not detrimental to the day care occupants.
(b)
Auto or equipment salvage yards, provided that the conditions include adequate protective measures to prevent surface or ground water contamination by petroleum products, acids, rust, and other contaminants associated with such yards, as well as visual screening necessary to shield product storage areas.
(c)
Stockyards or related facilities that process livestock, wherein violation of the standards of the intent of this district is a high probability, but where through location, and agreement on special conditions, the use might become acceptable.
(d)
Kennels.
D.
Yard requirements. All uses shall meet the minimum setback requirements below and the applicable requirements in § 405-13.
(1)
Building:
(a)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(b)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(c)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(d)
Side yard: 50 feet.
(e)
Rear yard: 50 feet.
F.
Area requirements. (See also § 405-15.) The total ground area occupied by any principal building with all its accessory buildings shall not exceed 35% of total lot area.
I.
Special regulations.
(1)
Where a use in this district adjoins or is opposite an agricultural, residential, conservancy, or public and semi-public district, a landscaped open area, screen planting, or solid decorative fence shall be required.
(2)
Performance standards to be enforced.
(a)
Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, smoke, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas nor any color visible smoke equal to or darker than number two on the Ringelmann Chart described in the United States Bureau of Mines Information Circular 8333.
(b)
Electromagnetic emissions. No activity shall emit electrical, radioactive or other electromagnetic disturbances outside its premises that are dangerous to plant or animal life as determined by applicable federal or state regulation or which adversely affect the use of neighboring premises such as by interfering with the use or enjoyment of common household and business equipment such as radio, television, telephone, computer or facsimile operations.
(c)
Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and automatic fire-extinguishing system. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:
Closed Cup Flash Point | Gallons |
|---|---|
Over 187° F. | 40,000 |
105° F. to 187° F. | 20,000 |
Below 105° F. | 10,000 |
(d)
Glare and heat. No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so that the direct rays are not visible outside their premises.
(e)
Noise.
[1]
At the property line, the maximum sound-pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds, 224.101953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.
Table I | |
|---|---|
Frequency Ranges Containing Standard Octave Bands in Cycles Per Second | Octave Band Sound Pressure Level in Decibels re 0.0002 dyne/cm |
20 to 75 | 65 |
75 to 150 | 55 |
150 to 300 | 50 |
300 to 600 | 45 |
600 to 1,200 | 40 |
1,200 to 2,400 | 40 |
Above 2,400 | 35 |
[2]
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m. one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.
Table II | ||
|---|---|---|
Type or Location of Operation or Character of Noise | Correction in Decibels | |
Daytime operation only | 5 | |
Noise source operates less than: | ||
20% of any 1-hour period | 5 | |
5% of any 1-hour period | 10 | |
Noise of impulsive character (hammering, etc.) | -5 | |
Noise of periodic character | -5 | |
Property is located in any I-1 District and is not within 200 feet of any R District | 10 | |
* Apply one of these corrections only |
(f)
Odors. Except for agricultural uses no activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside its premises. The guide for determining odor measurement and control shall be Ch. NR 429, Wis. Adm. Code, and amendments thereto.
(g)
Vibrations. No activity in any district except the I-1 District and quarrying operations if so approved shall emit vibrations which are discernible without instruments outside its premises. No activity in the I-1 District and quarrying operations if so approved shall emit vibrations which exceed the following displacement measured with a three-component measuring system:
Displacement (inches) | ||
|---|---|---|
Frequency (cycles per second) | Outside the Premises | Outside the District |
0 to 10 | 0.0020 | 0.0004 |
10 to 20 | 0.0010 | 0.0002 |
20 to 30 | 0.0006 | 0.0001 |
30 to 40 | 0.0004 | 0.0001 |
40 to 50 | 0.0003 | 0.0001 |
50 and over | 0.0002 | 0.0001 |
(h)
Water quality protection.
[1]
Surface and subsurface waters protected. No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would be likely to run off, seep, percolate or wash into surface or subsurface waters as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant or aquatic life.
[2]
Minimum standards. In addition to Subsection I(2)(h)[1] above, no activity shall discharge any liquid, gaseous or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and those other standards and the application of those standards set forth in Ch. NR 102, Wis. Adm. Code, and amendments thereto for all navigable waters in the County.
§ 405-40 WC Wetland Conservation Overlay District.
A.
Purpose and intent.
(1)
Purpose. The purpose of this district is to preserve, protect, and enhance wetlands placed into this district. Wetlands are those areas where water is at, near, or above the land surface long enough to support aquatic or hydrophytic vegetation and where soils are indicative of wet conditions
(2)
Intent. This district is intended to regulate such lands whether they fall within or without shoreland areas as defined by state statute, such as § 59.69, Wis. Stats.
(3)
Underlying zoning. This district restricts uses otherwise permitted in the underlying zoning district. For purposes of this section, any other overlay district falling within the bounds of this district is also defined as an underlying zoning district, and its regulations also are subservient to the regulations of this district.
B.
Permitted uses.
(1)
Permitted principal uses.
(a)
Agricultural uses, provided that they do not involve extensions of cultivated areas or extension of or creation of new drainage systems, and further provided that they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.
(b)
Fishing.
(c)
Grazing in dry conditions.
(d)
Hunting if permitted under other County laws.
(e)
Preservation of scenic, historic and scientific areas.
(f)
Public fish hatcheries.
(g)
Public or private parks, where left in a natural, undeveloped, open space use.
(h)
Sustained yield forestry if conducted under a United States Natural Resources Conservation Service management plan.
(i)
Stream, bank and lakeshore protection.
(j)
Water retention and wildlife preserves.
C.
Conditional uses. No conditional uses shall be permitted in this district except:
(1)
Sod farming.
(2)
Utility facilities (except buildings and substations) such as underground watertight conduits, telephone and electric poles, etc.
(3)
Public road crossings of the wetland, provided that other routes have first been studied and discarded, and provided that the construction technique and final roadway design used will not permanently impair the overall function of the wetland being crossed. Where some permanent damage appears unavoidable, the Planning and Zoning Committee, if satisfied the crossing is in the public interest, may require compensating measures which create at least an equal amount of wetlands nearby or elsewhere, or which preserve an equal or larger area of wetland nearby or elsewhere which is otherwise not protected.
D.
Special regulations.
(1)
Where a lot or parcel of land is located partially within this district and partially within an adjoining district having minimum land area or open space requirements to meet the standards of that district, that portion of said lot or parcel which falls within this district may be counted toward said standard but not to exceed 40% of said standard, and provided that the physical arrangement of the wetland does not preclude satisfactory positioning of the lot or parcel.
(2)
On-site well and sewage disposal prohibited. No private well used to obtain water for human consumption nor soil absorption sewage effluent treatment system or holding tank shall be placed within this district.
E.
Yard requirements. Underlying district requirements shall apply.
F.
Height requirements. Underlying district requirements shall apply.
G.
Area requirements. Underlying district requirements shall apply.
H.
Parking, loading and access requirements. Ordinarily this district prohibits parking and loading areas, and access shall be across nonwetland portions of the same.
§ 405-41 PSP-1 Public and Semi-Public District.
A.
Purpose and intent. The purpose of this district is to establish and preserve areas for certain public and institutional uses in Adams County.
B.
Permitted uses. The following uses and their customary accessory uses are permitted:
(1)
Public and private schools, colleges, and universities.
(2)
Monasteries.
(3)
Public libraries and museums.
(4)
Public administrative offices, town halls, and public service buildings, including well pump houses and police and fire stations.
(5)
Historic or archaeological sites or structures and nature centers.
(6)
Public parks, playgrounds, play fields, campgrounds, recreational vehicle parks, swimming pools and beaches.
(7)
Hospitals, sanitariums, rest homes, nursing homes, home for the aged, and children's nurseries.
(8)
Public hunting grounds.
(9)
Churches.
C.
Conditional uses. The following uses may be permitted after review and approval by the County Planning and Zoning Committee (see § 405-21 for application and review requirements):
D.
Yard requirements. All uses shall meet the following minimum setback requirements below and the applicable requirements in § 405-13.
(1)
Class A highway (state highway): 110 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(2)
Class B highway (County trunk): 83 feet from center line or 50 feet from lot line, whichever measures furthest into the lot.
(3)
Class C highway (town road): 63 feet from center line or 30 feet from lot line, whichever measures furthest into the lot.
(4)
Side yard: 30 feet.
(5)
Rear yard: 30 feet.
§ 405-42 UCO Uplands Conservancy Overlay District.
A.
Purpose and intent. The purpose of this district is to preserve environmentally important upland areas, such as woodlands, or sensitive areas such as erodible steep slopes, by minimizing the impacts of farming and development on such lands, while allowing some economic use of the lands. Due to the variety of underlying zoning districts that will fall within this overlay, and the varying soil and woodlot conditions, zoning and building permits for uses within this overlay will require building and site plan review.
B.
Permitted uses. All permitted and accessory uses as allowed in the underlying zoning are permitted in this overlay, as long as the uses are adapted to the basic intent of preserving, as much as possible, the natural conditions falling within this overlay. For example, development lots should be arranged so that overlay lands fall undisturbed in rear or side yards, enlarged as necessary to protect the overlay lands. Farming uses should be very low intensity, such as wild crop harvesting, tree farming, and similar uses as best management practices would indicate, as published by the United States Natural Resources Conservation Service, and similar organizations.
C.
Conditional uses. All uses permitted conditionally by the underlying zoning district are permitted conditionally in this overlay, provided that the existence of this district is taken into account as part of setting the conditions of use, so that the essential preservation of these overlay lands is recognized.
D.
Yard requirements, area requirements, and parking and access regulations. Yard and area requirements established by Article III and parking and access standards of Article VII, as made applicable to uses permitted by the underlying zoning, apply in this overlay, except that requirements may be enlarged and standards increased as necessary to minimize intrusion into lands being protected by this overlay.
E.
Special requirements.
(1)
No use permitted by the underlying zoning which use falls within this overlay district shall be issued a building or zoning permit until a building and site plan review has first taken place by the County planning staff, or their designee, for the portion of it falling within this overlay. Persons not satisfied with the requirements proposed to be imposed as a result of said review may seek relief from the County Planning and Zoning Committee, and the ruling of that Committee may be appealed to the Board of Adjustment.
(2)
The initial review and subsequent requests for relief and appeal shall be guided by these principles:
(a)
Minimized destruction. Is the use being designed or conducted in such a way as to least disturb the resource placed in the overlay.
(b)
Cluster-repositioning. Would modifying the underlying zoning area requirements allow placement of activity or development away from the most sensitive areas.
(c)
Replacement. Where some resource destruction is unavoidable, can it be replaced elsewhere on or near the property; for example, reforestation to replace lost woodlands.
§ 405-43 SPO Shoreland, Wetland and Habitat Protection and Floodplain Overlay District.
D.
Yard requirements. All structures shall meet the minimum setbacks of Chapter 396, Shoreland, Wetland and Habitat Protection, of this Code or the underlying district, whichever is more restrictive.
E.
Height requirements. All structures shall meet the height requirements of the underlying district.
§ 405-44 LNO Landfill Notification Overlay District.
A.
Purpose and intent. This district does not provide for any regulatory function. Its purpose is to alert landowners and others to the existence of past or present landfills, by placing this overlay district upon the zoning district map. Such landfills may or may not be contaminating surface or ground waters coming in contact with contents of the landfill.
(1)
Liability disclaimer.
(a)
By placing lands in this district, the County does not claim a hazard actually exists, only that extra care should be taken in making use of the waters on or under these lands for agriculture, or for human or animal consumption, and to alert owners to the possible need for special state permits to drill and use water from wells falling within this area.
(b)
By excluding lands from this district, the County does not certify that lands falling just outside the district are necessarily free from the hazards of the subject landfill. Excluding lands near a landfill from this district only indicates that criteria being followed by the County, such as Wisconsin Department of Natural Resources radius lines, or groundwater hydrological studies, do not support placing the land in the district. As new studies from time to time suggest expanding or contracting the limits of this district, the County reserves the right to make adjustments in the district's boundaries, as a service to the public.
B.
Permitted uses. All permitted and accessory uses as allowed by the underlying zoning, provided that necessary state permits for well water usage have been obtained.
C.
Conditional uses. All uses permitted as conditional uses by the underlying zoning, provided that necessary state permits for well water usage have been obtained. Failure to obtain such permits, or a positive finding with regard to Subsection A(1) above, may be sufficient grounds for denial or modification of a conditional use application.
§ 405-45 WPO Wellhead Protection Overlay District.
A.
Purpose and intent. This district is intended to protect from contamination the groundwater recharge zone of existing and planned municipal ground water wells, which wells supply the potable water to many residential, business, institutional and other utility customers. This district is necessary because the Water Utility by geological necessity must draw its water from the ground levels lying closest to the surface, which grounds contain soil types which rapidly transmit pollutants, thereby threatening the entire groundwater supply being drawn upon by the municipal wellhead.
(1)
Supremacy of this district. The choice of regulation employed via this overlay district is to entirely prohibit certain uses that otherwise may be permitted by basic and other overlay districts falling within the confines of this overlay district. The regulations of this district shall supersede the regulations of all other such districts occupying the same geographic area.
(2)
Uses prohibited. The uses prohibited by this district have been identified in geologic surveys as risks for groundwater contamination. This method of regulation by complete prohibition is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since groundwater cleanup is often prohibitively expensive, and liability for such cleanup is often hard or impossible to establish.
(3)
Use list not exhaustive. The uses prohibited by this district represent the state of present knowledge and most common description of said uses. As other polluting uses are discovered, or other terms of description become necessary, it is the intention to add them to the list of uses prohibited by this district. To screen for such other uses or terms for uses, no use shall be permitted in this district without first submitting its building, site and operational plans for review and approval by the County Planning and Zoning Department.
(4)
Changing technology. The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by that class of uses, which technology causes the uses as a class to be groundwater pollution risks. As the technology of identified use classes changes to nonrisk materials or methods, upon petition from such a use, and after conferring with expert geological and other opinion, it is the intention to delete from the prohibited list, or allow conditionally, uses which demonstrate convincingly that they no longer pose pollution hazard.
(5)
Substitution of hazards prohibited. In dealing with uses or classes of uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their methods of storage or handling, for example transferring materials storage from leak-prone but explosion-resistant underground tanks to leak-resistant but explosion-vulnerable aboveground vessels, it is not the intention to accept such alternate hazards as the basis for making a use permissible. It is the intention to continue the ban on such uses until the technology of the class of uses removes reliance upon the pollutant materials or processes.
B.
Permitted and prohibited uses.
(1)
All uses permitted by underlying basic or other overlay zones are permitted, subject to review of the building, site and operational plans of such uses by the County Planning and Zoning Department, whether required or not by the underlying and other overlay districts, except the following uses, which are specifically prohibited by this district:
List of Prohibited Uses |
|---|
Animal waste storage areas and facilities |
Asphalt ingredients storage or processing plants |
Automobile or truck fuel sales or service stations |
Automobile or truck laundries |
Building materials and products storage yards |
Cartage facilities, truck terminals |
Cemeteries |
Chemical storage, sale, processing or manufacturing plants |
Dry-cleaning establishments |
Electronic circuit manufacture or assembly plants |
Electroplating operations |
Exterminating supply, storage, or application shops |
Fertilizer manufacturing or storage operations |
Foundries and forge plants |
Garages for repair and servicing of motor vehicles, including body repair, painting, or engine rebuilding |
Highway salt storage areas |
Industrial liquid waste storage areas |
Junk/recycling yards, motor vehicle salvage yards |
Landfills, areas for dumping or disposal of garbage, refuse, trash or demolition material |
Metal reduction and refinement plants |
Mining operations |
Motor and machinery service and assembly shops |
Motor freight terminals |
On-site soil absorption sewage treatment systems on new lots under 40,000 square feet |
Paint products manufacturing |
Petroleum products storage or processing |
Photography studios, involving the developing of film or pictures |
Plastics manufacturing |
Printing and publishing establishments |
Pulp and paper manufacturing |
Septage and municipal sewage sludge disposal sites |
Storage, manufacturing or disposal of toxic or hazardous materials |
Underground petroleum products storage tanks for industrial, commercial, residential or other uses (see also petroleum products storage or processing) |
Woodworking and wood products manufacturing |
(2)
Permitted accessory uses. All accessory uses permitted by the underlying basic or other overlay zones are permitted, subject to review of the building, site and operational plans of such uses by the County Planning and Zoning Department, whether required or not by the underlying and other overlay districts, except those uses prohibited in Subsection B(1) preceding, which are hereby prohibited whether judged to be principal or accessory uses.
C.
Conditional uses. Any class of uses prohibited by this district may become a use permitted by right, or an individual use within a class potentially may be permitted by conditional grant pursuant to Subsection A(4), Changing technology, of this section. However, the County Planning and Zoning Committee shall not favorably recommend to the County Board a petition to remove a use from the prohibited list of this district nor favorably process a petition for conditional use status without being sure beyond a reasonable doubt that the action will not materially violate the intent of this district, resulting in exposure of the public water supply to pollution.
§ 405-46 AHO Airport Height Overlay District.
A.
Purpose and intent.
(1)
Purpose. The purpose of this district is to regulate the height of structures and trees and the use of property in the vicinity of Adams County Legion Field, Adams County, Wisconsin, pursuant to Wisconsin Bureau of Aeronautics guidelines.
(2) AIRPORT AIRPORT COMMISSION AIRPORT HAZARD BOARD OF ADJUSTMENT NONCONFORMING USE OVERLAY DISTRICT PERSON RUNWAY STRUCTURE TREE ZONE
Definitions. As used in this section, unless the context otherwise requires, the following terms shall have the meanings indicated:
The Adams County Legion Field located in Section 9, Town 17 North, Range 6 East, Adams County, Wisconsin.
The Adams County Legion Field Airport Commission or designee.
Any structure, object or natural growth or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.
The existing five members of the Adams County Board of Adjustment, which is a quasi-judicial body which grants or denies appeals for variances.
Any structure, tree or use of land which does not conform to a regulation prescribed in this section or an amendment thereto, as of the effective date of such regulation.
Additional restrictions are placed on land without changing the existing zoning. Examples include floodplain zones and highway interchange zones.
Any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
A level portion of an airport having a surface specially developed and maintained for the landing and takeoff of aircraft.
Any object constructed or installed by man.
Any object of natural growth, except farm crops which are cut at least once a year, and except shrubs, bushes or plants which do not grow to a height of more than five feet.
An area of land with a single height limitation, the boundaries of which are section lines and subdivisional lines of sections used for zone boundaries.
(3)
Zones. All zones established by this section are as shown on the Wisconsin Bureau of Aeronautics Height Limitation Zoning Map dated July 24, 2007, within a three-mile radius of Adams County Legion Field, titled "Height Limitation Zoning Map, Adams County Legion Field, Friendship, Wisconsin," which is attached hereto and adopted as part of this section.[1]
(a)
Height limitation zones. Except as otherwise provided in this section, no structure shall be constructed, altered, or located or permitted to remain after such construction, alteration or location, and no trees shall be allowed to grow, to a height in excess of the height limit indicated on the Height Limitation Zoning Map.
[1]
Editor's Note: The Height Limitation Zoning Map is on file with the Planning and Zoning Department.
B.
Use restrictions.
(1)
Activities. Notwithstanding the provisions of Subsection A(3) of this section, no use may be made of land in any underlying zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, or make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft.
C.
Nonconforming uses; regulations not retroactive.
(2)
Changes. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, if the construction or alteration of such was begun prior to the effective date of this section, and if such is diligently prosecuted.
(3)
Removal. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.
D.
Administration. It shall be the duty of the Airport Commission to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the Airport Commission or designee upon a form furnished by it. Applications which are by this section to be decided by the Airport Commission shall be granted or denied within 30 days of the date of filing of the application, unless Federal Aviation Administration approval is requested. There shall be no charge for permits issued by the Airport Commission; provided, however, that the site elevation data shall be the responsibility of the applicant. Applications requiring action by the Board of Adjustment shall be forthwith transmitted by the applicant to the Board for hearing and decision.
E.
Permits.
(1)
Future uses. No structure shall hereafter be constructed, erected or installed in any zone created by Subsection A(3) of this section until the owner or his agent shall have applied in writing for a permit therefor and obtained such permit from the Airport Commission. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Application for such permit shall indicate the use for which the permit is desired and shall describe and locate the use with sufficient particularity to permit the Airport Commission to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the Airport Commission shall issue the permit applied for.
(2)
Existing uses. Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed by Subsection E(1) above.
(a)
Authorizing such change, replacement or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was on the effective date of this section, or than it was when the application for permit was made. It will not be necessary to apply for a permit under this section for the construction of any new structure or the modification or reconstruction of any existing structures of industrial plants located within the area affected by this section provided they are of a height equal to or less than the maximum height of the present structures.
(3)
Trees. In the event that the Airport Commission determines that a tree planted after the adoption of this section is in violation of the height restriction for the zone in which it is located, the Commission shall give written notice by certified mail to the landowner to take such steps as are necessary to bring said tree in compliance with this section within 10 days of said notice. The Airport Commission or its designated agent shall have the right to trim, prune, or remove said tree at the landowner's expense after said ten-day period if the owner has not acted.
F.
Hazard marking and lighting. Any permit or variance granted under Subsection E or G may, if such action is deemed advisable by the Airport Commission to effectuate the purpose of this district and if such is reasonable in the circumstances, be so conditioned as to require the owner of the structure or trees in question to permit the owner of the airport, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to the flyers the presence of an airport hazard.
G.
Board of Adjustment. The existing Adams County Board of Adjustment is a local body appointed by the County Board and is authorized by law in § 59.69, Wis. Stats., to hear appeals in matters relating to County zoning ordinances. Section 114.136(4), Wis. Stats., states that if the County has a zoning ordinance, then the Board of Adjustment shall be the board of appeals set up by such ordinance. The language of the statute is mandatory.
H.
Appeals and review.
(1)
Variances. Upon appeal in special cases the Board of Adjustment may, after investigation and public hearing, grant such variance from the terms of this section as will not be contrary to the public interest, where owing to special conditions a literal enforcement of this section would result in unnecessary hardship, and such relief will do substantial justice and be in accord with the spirit of this section, and does not create a hazard to the safe, normal operation of aircraft.
(2)
Aggrieved person. Any person aggrieved or affected by any decision or action of the Airport Commission made in its administration of this section may appeal such decision or action to the Board of Adjustment.
(3)
Procedure. Any appeal taken pursuant to this section shall be in conformity with the procedure established by § 59.694, Wis. Stats.
I.
Penalties. Any person violating any of the provisions of this section shall, upon conviction, forfeit not less than $100 nor more than $500 for such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the County jail until said forfeiture and costs are paid, but not to exceed 30 days. Each day on which a violation continues shall constitute a separate offense.