The intent of the AED exclusive agricultural district is to maintain highly productive agricultural lands in agricultural production by effectively limiting encroachment of nonagricultural development; by minimizing land use conflicts between agricultural and nonagricultural uses; and by minimizing public service and facility costs associated with nonagricultural development. This district is further intended to comply with standards contained in Wis. Stats. ch. 91, to permit eligible landowners to receive tax credits under Wis. Stats. § 71.09, in connection with their agricultural operations.

(Code 1992, § 17.31(1); Ord. No. M-2013-14, 2-25-2014)

Permitted principal uses and structures within the AED exclusive agricultural district are as follows:

(1)

The following agricultural uses, conducted for the purpose of earning an income or livelihood:

a.

Crop or forage production.

b.

Keeping livestock.

c.

Beekeeping.

d.

Nursery, sod, or Christmas tree production.

e.

Floriculture.

f.

Aquaculture.

g.

Forest management.

h.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

i.

Any other use that department, by rule, identifies as an agricultural use.

(2)

Undeveloped natural resources and open spaces areas.

(3)

Dwellings existing before the effective date of adoption of the ordinance from which this chapter is derived, which are not accessory to or associated with agricultural uses. Until ATCP 49 is in effect, pre-existing nonfarm residences are nonconforming uses.

(4)

Utility-scale energy system.

(Code 1992, § 17.31(2); Ord. No. Z-3-2012-13, 1-8-2013; Ord. No. M-2013-14, 2-25-2014; Ord. No. Z-11-2024-25, 3-11-2025)

Permitted accessory uses and structures with the AED exclusive agricultural district are as follows:

(1)

Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures that meet the definition of accessory use under Wis. Stats. § 91.01(1).

(2)

One roadside stand per farm used solely for the sale of products produced on the premises.

(3)

Riding stables that meet the definition of accessory use under Wis. Stats. § 91.01(1).

(4)

Home occupations that are conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than a farm residence, that employs no more than two full-time employees annually, and that do not impair or limit the current or future agricultural use of the farm or of other protected farmland.

(5)

Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are authorized to be located in a specific place under state or federal law that preempts the requirement of a special use permit for that use.

(6)

Accessory-scale solar energy system, subject to the provisions of division 4 of article IV of this chapter.

(Code 1992, § 17.31(3); Ord. No. Z-3-2012-13, 1-8-2013; Ord. No. M-2013-14, 2-25-2014; Ord. No. Z-11-2024-25, 3-11-2025)

Special exception uses and structures with the AED exclusive agricultural district are as follows:

(1)

Fur farms, conducted for the purpose of earning an income or livelihood.

(2)

Sawmills.

(3)

Farm equipment and machinery sales and service.

(4)

Establishments for the processing, centralized bulk collection, storage or distribution of agricultural products.

(5)

Governmental uses, including landfills, highway storage facilities and public buildings, if the Agriculture, Extension Education, Zoning and Land Conservation Committee determines that all of the following apply:

a.

The use and its location in the AED exclusive agricultural district are consistent with the purposes of the district.

b.

The use and its location in the AED exclusive agricultural district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.

c.

The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.

d.

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

e.

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(6)

Institutional, religious, or nonprofit community uses, including churches, schools, libraries, and museums if the Agriculture, Extension Education, Zoning and Land Conservation Committee determines that all of the following apply:

a.

The use and its location in the AED exclusive agricultural district are consistent with the purposes of the district.

b.

The use and its location in the AED exclusive agricultural district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.

c.

The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.

d.

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

e.

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(7)

Veterinary offices, primarily for the purpose of caring for livestock.

(8)

Non-metallic mining, subject to an approved restoration plan that would be suitable for agricultural use, if the Agriculture, Extension Education, Zoning and Land Conservation Committee determines that all of the following apply:

a.

The operation complies with subch. I of Wis. Stats. ch. 295 and rules promulgated under that subchapter, with applicable provisions of the local ordinance under Wis. Stats. § 295.13 or § 295.14, and with any applicable requirements of the department of transportation concerning the restoration of nonmetallic mining sites.

b.

The operation and its location in the AED exclusive agricultural district are consistent with the purposes of the district.

c.

The operation and its location in the AED exclusive agricultural district are reasonable and appropriate, considering alternative locations outside the district or are specifically approved under state or federal law.

d.

The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use.

e.

The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

f.

The owner restores the land to agricultural use, consistent with any required locally approved reclamation plan, when extraction is completed.

(9)

Community-scale and large-scale solar energy system, subject to the provisions of division 4 of article IV of this chapter.

(Code 1992, § 17.31(4); Ord. No. Z-41-97, § 17.31(4), 12-9-1997; Ord. No. Z-3-2012-13, 1-8-2013; Ord. No. M-2013-14, 2-25-2014; Ord. No. Z-11-2024-25, 3-11-2025)

Dimensional requirements of the AED exclusive agricultural district are as follows:

(1)

Principal agricultural uses and structures have no minimum lot area, lot width or yard requirements and no height limitations.

(2)

Preexisting dwellings and accessory dwellings on a separate parcel. Minimum lot area, 24,000 square feet; minimum lot width, 100 feet. Yards shall be a minimum of 25 feet in depth if at the front or rear and 15 feet in width if at the side. There are no height limitations.

(3)

Other permissible principal uses and structures. Minimum lot area, one acre; minimum lot width, 150 feet; minimum front and rear yard depth, 40 feet; and minimum lot area and yard requirements may be increased as a condition for a special exception permit.

(Code 1992, § 17.31(5); Ord. No. Z-3-2012-13, 1-8-2013)

Permitted accessory signs with the AED exclusive agricultural district are as follows:

(1)

One sign not exceeding 100 square feet in area, identifying the premises or establishment.

(2)

One sign not exceeding 25 square feet in area, advertising the sale of farm products on the premises.

(3)

Temporary signs for the sale or lease of the property.

(Code 1992, § 17.31(6))

(1)

Except as provided in subsection (2), the zoning administrator may not rezone land out of the AED exclusive agricultural district unless the Zoning Administrator finds all of the following in writing, after public hearing, as part of the official record of the rezoning:

a.

The rezoned land is better suited for a use not allowed in the AED exclusive agricultural district.

b.

The rezoning is consistent with any applicable comprehensive plan.

c.

The rezoning is substantially consistent with the county farmland preservation plan, which is in effect at the time of the rezoning.

d.

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

(2)

Subsection (1) does not apply to any of the following:

a.

A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under Wis. Stats. ch. 91.

b.

A rezoning that makes the farmland preservation zoning ordinance map more consistent with the county farmland preservation plan map, certified under Wis. Stats. ch. 91, which is in effect at the time of the rezoning.

(3)

By March 1 of each year the zoning administrator shall provide to the Wisconsin Department of Agriculture, Trade and Consumer Protection a report of the number of acres that the county has rezoned out of the AED exclusive agricultural district under subsection (1) during the previous year and a map that clearly shows the location of those acres.

(Ord. No. M-2013-14, 2-25-2014)