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.
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.
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:
(b)
Except as provided in Subsection C(2)(a), a permit is not required for a livestock facility that existed before September 20, 2006.
(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.
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:
(b)
Except as provided in Subsection C(2)(a), a permit is not required for a livestock facility that existed before September 20, 2006.
(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.
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.
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.
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.
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.
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.
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.)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
