[Amended 9-10-2012 by Ord. No. 2012-04; 12-1-2014 by Ord. No. 2014-02]
A. Purpose; intent. The purposes of the A-X Exclusive Agriculture District
are to:
(1) Preserve productive agricultural land for food and fiber production;
(2) Preserve productive farms by preventing land use conflicts between
incompatible uses and controlling public service costs;
(3) Maintain a viable agricultural base to support agricultural processing
and service industries;
(4) Prevent conflicts between incompatible uses;
(5) Reduce costs for providing services to scattered nonfarm uses;
(6) Pace and shape urban growth;
(7) Implement the provisions of the county agricultural plan; and
(8) Comply with the provisions of the Farmland Preservation Law11 to permit eligible landowners to receive tax credits
under § 71.09(11), Wis. Stats.
B. Definitions for use in §
520-24. As used in this section, the following terms shall have the meanings indicated:
AGRICULTURAL USE
Any of the following:
(1)
Any of the following activities conducted for the purpose of
producing an income or one livelihood:
(a)
Crop or forage production.
(d)
Nursery, sod, or Christmas tree production.
(i)
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
(2)
Any other use that the Department of Agriculture, Trade and
Consumer Protection, also known as DATCP, by rule, identifies as an
agricultural use.
AGRICULTURE-RELATED USE
Any of the following:
(1)
An agricultural equipment dealership, facility providing agricultural
supplies, facility for storing or processing agricultural products,
or facility for processing agricultural wastes.
(2)
Any other use that the Department of Agriculture, Trade and
Consumer Protection, also known as DATCP, by rule, identifies as an
agriculture-related use.
C. Lands included within this district. This district is generally intended
to apply to lands in productive farm operations including lands historically
exhibiting good crop yields or capable of such yields; lands which
have been demonstrated to be productive for dairying, livestock raising
and grazing; other lands which are integral parts of such farm operations;
land used for the production of specialty crops such as mint, sod,
fruits and vegetables; and lands which are capable of productive use
through economically feasible improvements such as irrigation.
D. The Plan Commission may consider a rezone out of A-X Exclusive Agriculture
District after holding a public hearing pursuant to § 91.48,
Wis. Stats., if all of the following apply:
(1) The political subdivision finds all of the following, after a public
hearing:
(a)
The rezoned land is better suited for a use not allowed in the
farmland preservation zoning district.
(b)
The rezoning is consistent with any applicable comprehensive
plan.
(c)
The rezoning is substantially consistent with the county's
certified farmland preservation plan.
(d)
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.
(2) The Village shall, by March 1 of each year, provide a rezone report
and map to DATCP and Dane County Planning and Zoning identifying the
number of acres rezoned out of A-X Exclusive Agriculture District.
E. Permitted uses: For the A-X Exclusive Agriculture District, permitted
uses are as follows:
(1) New farm residences and their buildings with adjacent service areas
that are the only residence on the farm and are occupied by an individual
who earns more than 50% of his or her gross income on the farm.
(2) Existing farms with their buildings and adjacent service areas.
(3) Transportation, utility, communication, or other use that is required
under state or federal law to be located in a specific place or that
is authorized to be located in a specific place under a state or federal
law that preempts the requirement of a conditional use permit for
that use.
(4) The following agricultural accessory uses provided they meet the
definition of accessory use under § 91.01(1)(a),(b) or (d),
Wis. Stats.:
(a)
Roadside stands for the sale of agricultural products produced
primarily from that farm operation.
(b)
Agricultural entertainment activities anticipated to have an
attendance of less than 250 persons at any one time during the day.
(5) Undeveloped natural resource and open space areas.
F. Conditional uses. No conditional use in the A-X Agriculture District
shall be approved by the Plan Commission unless the Commission shall
also find:
(1) The use and its locations in the farmland preservation zoning district
are consistent with the purposes of the farmland preservation zoning
district.
(2) The use and its location in the farmland preservation zoning district
are reasonable and appropriate, considering alternative locations,
or are specifically approved under state or federal law.
(3) 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.
(4) 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.
(5) Construction damage to land remaining in agricultural use is minimized
and repaired, to the extent feasible.
G. For the A-X Exclusive Agriculture District, conditional uses are
as follows:
(1) A second or subsequent single-family farm residence to be occupied
by either a parent or child of the farm operator or an individual
who earns more than 50% of his or her gross income on the farm.
(2) Governmental, institutional, religious or nonprofit community use.
(3) A transportation, communications, pipeline, electric transmission,
utility, or drainage use.
(4) Conversion of existing family farm residence to a two-family farm
residence, if both residences are to be occupied by an individual
who earns more than 50% of his or her gross income on the farm.
(5) The following agricultural accessory uses, provided they meet the
definition of § 91.01(1)(a),(b) or (d), Wis. Stats.:
(a)
Horse boarding, breeding, training and other equestrian facilities.
(b)
Bed-and-breakfast establishments.
(c)
Agricultural entertainment activities anticipated to have an
attendance of more than 250 persons at any one time during the day.
(6) The following agriculture-related uses:
(a)
Dairy processing facilities.
(c)
Animal feed storage facilities.
H. For the A-X Exclusive Agriculture District, dimensional standards
are as follows:
(1) Minimum parcel size: 35 acres.
(2) Minimum lot width: 150 feet.
(6) Side yard abutting public street: 30 feet.
(7) Maximum height of dwelling structures: 35 feet.
(8) Maximum height of farm buildings: no limitation.
(9) Maximum height of other structures: 45 feet, may exceed on a conditional-use
basis.
(10)
Side setback for barns, feeding or loafing sheds, hog houses
and the like: 100 feet, if adjacent to a residential district.
I. General provisions.
(1) Any lot or parcel shown in a preliminary subdivision plat or a certified
survey map which has been received for review by the Village of Dane
prior to the effective date of the A-X Exclusive Agriculture District
shall have the same status as preexisting lots.
(2) Any preexisting substandard parcels in the A-X Exclusive Agriculture
District that have a width of less than 150 feet and have an area
of less than five acres do not permit the keeping or raising of livestock.
(3) Any lawfully preexisting residential building or its accessory building that is located on a lot that does not meet the area requirements of Chapter
520 and is destroyed by fire, explosion, act of God or act of public enemy, the building may be rebuilt, provided the locational requirements of the district are complied with.
(4) Under Chapter
520 Zoning, Article
III, District Regulations, §
520-15, Establishment of districts, of the Village of Dane Code of Ordinances, Line 5 will be changed from "A-1 Agriculture District" to "A-X Exclusive Agriculture District" upon certification by DATCP and upon completion of the public hearing and Village Trustee approval in the Village of Dane.
(5) Any person who shall violate any provision of this chapter shall
be subject to a penalty of up to $1,000.
[Amended 9-10-2012 by Ord. No. 2012-04]
The regulations for the MH-1 Mobile Home Park District shall
be as prescribed by the Village Board of the Village of Dane.