7.7.1 Bulk and Yard Standards Table.

Table 7.2: Agricultural and Open Space Districts Bulk and Yard Standards contains the bulk and yard standards for the agricultural and open space districts, except that, as to Commercial Wind Energy Facility and Commercial Solar Energy Facility, any less restrictive standards set forth in this Ordinance, and in conflict with this Section, shall apply.

7.7.2 Single-Family Dwellings in the AG, A-1 & A2 Districts. Single-family dwellings in the AG, A-1 and A-2 Districts are subject to the following additional standards.

A.

One (1) single-family dwelling is permitted per entire vacant, not divided, quarter-quarter section in AG, A-1, and A-2 Districts. Such dwelling must meet the following:

1.

The lot of record or parcel of land on which the dwelling will be constructed has at least two-hundred fifty (250) feet of lot frontage on a public road or private road created by a recorded plat of subdivision.

2.

The dwelling must be located at least one thousand three hundred twenty (1,320) feet from any feedlot or concentrated animal feeding operation of 50 animal units or greater.

3.

Compliance with Section 18.2.1 B.

(1)

A quarter-quarter section improved with a single-family home may be reduced in lot area and/or lot frontage and remain conforming provided the lot was created after June 24, 1982 and complies with septic regulations, lot frontage is no less than two-hundred fifty (250) feet and all other applicable codes and ordinances are met.

B.

However, an additional single-family dwelling (or increased density amounting to same) is permitted in a quarter section according to the below criteria.

1.

For the AG, A-1, and A-2 Districts, an additional single-family dwelling is permitted in a quarter-quarter section provided the above 7.7.2 A.1. as well as the following are met:

a.

The entire quarter-quarter section of interest is contained within an undivided single lot or parcel of record as of June 24, 1982.

b.

The applicant submits the following as part of the zoning clearance application:

i.

Clear and convincing evidence that the property in question (the new zoning lot) is not suitable for agricultural use. This shall require evidence that:

a.

Eighty percent (80%) or more of the proposed lot contains land defined as non-prime farmland by the County Soil and Water Conservation District; and/or

b.

Significant manmade or natural barriers exist that preclude the use of the proposed lot for a suitable agricultural use.

c.

The dwelling must be located at least one thousand three hundred twenty (1,320) feet from any feedlot or concentrated animal feeding operation of 50 animal units or greater.

d.

The property is suitable for a septic system.

e.

The dwelling is ultimately located on a new zoning lot that is created via a State Plat Act exception.

f.

Compliance with Section 18.2.1 B. and all other applicable codes and ordinances.

2.

Specifically for the AG District, an additional single-family dwelling (or an increase in density amounting to same) is permitted in a quarter-quarter section provided the dwelling is located on an entire vacant, not divided, half of a quarter-quarter section, the requirements of items 7.7.2 A.1., 7.7.2 A.2. and 7.7.2 A.3. above are met, all other applicable codes and ordinances are met, and a deed restriction is recorded, subject to County Administration's approval, which preserves an adjacent agriculturally zoned quarter-quarter section for solely agricultural use as defined within the zoning ordinance for a minimum of ninety nine (99) years. The quarter-quarter section preserved shall be designated for agriculture use as shown on the future land use map of the 2030 Land Resource Management Plan or successor. The County Board may release subject deed restriction if the home approved via this regulation no longer exists, but not obligated to.

a.

The subject one half of a quarter-quarter section improved with a single-family home may be reduced in lot area and/or lot frontage and remain conforming provided the lot area complies with septic regulations, lot frontage is no less than two-hundred fifty (250) feet, and all other applicable codes and ordinances are met.

3.

Specifically for an A-1 District located within one and a half (1.5) miles of an incorporated municipality or within a half (0.5) mile of an unincorporated municipality's (hamlet's) growth area as shown on the future land use map of the 2030 Land Resource Management Plan or successor, an increased density of one (1) single-family dwelling (or a second single-family dwelling in a quarter-quarter section amounting to same) is permitted within an entire vacant, not divided, half of a quarter-quarter section provided the requirements of items 7.7.2 A.1., 7.7.2 A.2. and 7.7.2 A.3. above are met and all other applicable codes and ordinances are met.

a.

The subject one half of a quarter-quarter section improved with a single-family home may be reduced in lot area and/or lot frontage and remain conforming provided the lot was created after June 24, 1982 and complies with septic regulations, lot frontage is no less than two hundred fifty (250) feet and all other applicable codes and ordinances are met.

C.

One (1) single-family dwelling per vacant lot of record or parcel of land in an AG, A-1 or A-2 District duly recorded in the Winnebago County Recorder's office, as of, and unaltered since June 24, 1982, is permitted. Such dwelling must meet the following:

1.

The lot of record or parcel of land on which the dwelling will be constructed has at least thirty (30) feet of lot frontage on a public road or private road created by a recorded plat of subdivision.

2.

The dwelling must be located at least one thousand three hundred twenty (1,320) feet from any feedlot or concentrated animal feeding operation of fifty (50) animal units or greater.

3.

Compliance with Section 18.2.1 B.

(1)

Lot or parcel alterations to a lot or parcel addressed in 7.7.2 C. for a lot or parcel improved with a single-family residence may occur in accordance with the following:

a.

Existing lots of record or parcels of land duly recorded in the Winnebago County Recorder's office, as of, and unaltered since June 24, 1982, with lot frontage of less than two hundred fifty (250) feet which are improved with a single-family residence may be reduced in lot area and remain conforming provided the lot was created after June 24, 1982, and complies with septic regulations, lot frontage is no less than what existed on June 24, 1982, and all other applicable codes and ordinances are met.

b.

Existing lots of record or parcels of land duly recorded in the Winnebago County Recorder's office, as of, and unaltered since June 24, 1982, with lot frontage of more than two hundred fifty (250) feet which are improved with a single-family residence may be reduced in lot area and lot frontage and remain conforming provided the lot was created after June 24, 1982, and complies with septic regulations, lot frontage is no less than two hundred fifty (250) feet and all other applicable codes and ordinances are met.

c.

Lots or parcels addressed in this section improved with a single-family residence may be increased in size after June 24, 1982, without the concern of being rendered out of zoning compliance.

D.

In accordance with 7.6.1 Use Table, Table 7.1, a single-family dwelling on a vacant parcel of land that does not consist of an entire half of a quarter-quarter section as required in 7.7.2 B.2. or 7.7.2 B.3. but complies with all other applicable codes and ordinances, including maximum density of two (2) single-family dwelling units or buildable zoning lots per quarter-quarter section with no more than one (1) single-family dwelling unit or buildable zoning lot in each half of a quarter-quarter section of land. Only buildable zoning lots, which may or may not be improved, that were enabled by a rezoning and are located within the subject area shall be excluded when determining if the maximum density listed herein is met.

E.

Any lot improved with a lawfully established single-family home that predates zoning or in accordance with an agricultural district regulation that existed in a prior adopted zoning code and same is not herein within this Section may be reduced in lot area and/or lot frontage and remain conforming provided the lot area complies with septic regulations, lot frontage is no less than two hundred fifty (250) feet, and all other applicable codes and ordinances are met.

(Ord. No. 2024-CO-045, 7-25-24)