For the purpose of this chapter, the Town of Lowell, Dodge County,
is hereby divided into the following seven districts:
A.
Zoning Map. The boundaries of the districts enumerated in § 295-16 above are hereby established as shown on a map entitled "Zoning Map, Town of Lowell, Wisconsin," dated June 2000, as amended periodically, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Town Chairperson and the Town Clerk and shall be available to the public in the office of the Town Clerk.
B.
Boundary lines. The boundaries shall be construed to follow corporate
limits; U.S. Public Land Survey lines; lot or property line; center
lines of streets, highways, alleys, easements and railroad rights-of-way;
or such lines extended unless otherwise noted on the Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
D.
Amendments. Amendments to the Zoning Map shall take effect upon adoption
by the Town Board, after proof of posting or publication thereof is
duly filed in the office of the Town Clerk and after approval by the
Dodge County Board of Supervisors. All amendments shall be duly entered
and attested on the certified copy of the Zoning Map. Changes to the
Zoning Map should conform to the Town of Lowell Land Use Plan.
A.
Purpose and characteristics. The R-1 Residential District is primarily
intended to provide for single-family residential areas existing at
the time of adoption of this chapter and new single-family development
lying in the Village Corridor between Lowell and Reeseville as shown
on the Land Use Planning Map, dated July, 1999. Densities shall not
exceed one dwelling unit per two acres of land. Proposed lots shall
be served by on-site absorption sanitary sewage disposal systems (septic
tanks) and private wells.
C.
Conditional uses. The following residential and quasi-residential
uses shall be conditional uses and may be permitted as specified:
(2)
Two-family dwelling, provided that:
(3)
Multifamily residential structure, provided that:
(a)
The proposed multifamily residential structure is architecturally
compatible with the character of the district.
(b)
The proposed multifamily structure shall provide a minimum lot
area of two acres or 10,000 square feet per dwelling unit, whichever
is greater.
(c)
The proposed multifamily dwellings shall have a minimum total
building area of 1,000 square feet per dwelling unit.
(d)
The multifamily structure has no more than eight units per building.
(5)
Rest homes, nursing homes, homes for the aged, clinics, and children's
nurseries, provided all principal structures and uses are not less
than 100 feet from any lot line.
(6)
Utilities.
(7)
Agricultural uses.
(8)
Dog kennels and horse boarding.
D.
E.
Accessory uses and detached accessory structures.
(1)
Accessory uses and detached accessory structures are permitted in accordance with Article X. Such uses and structures shall not exceed 20 feet in height; shall not be closer than 10 feet to any side yard; and shall not be closer than 10 feet to a rear lot line. The combined square footage of all accessory structures on the property shall not be larger than 5% of the lot size. Example: If the total property is five acres, the accessory structure cannot be larger than 10,890 square feet.
[Amended 4-9-2019 by Ord.
No. 2019-3 (Attachment A)][1]
[1]
Editor's Note: This ordinance also provided for the repeal
of original Sec. 13-1-42(e)(2) of the 2004 Code, regarding accessory
structure materials and colors, which immediately followed this subsection.
F.
Drainage and on-site stormwater management. The following standards
shall apply to all development:
(1)
Sewerage facilities for development may consist of any system meeting
the requirements of the Wisconsin Department of Safety and Professional
Services for private sewerage systems and the Wisconsin Department
of Natural Resources for public sewerage systems. Acceptable systems
may include:
(2)
Drainage of on-site stormwater shall not be in excess of the stormwater
which existed before the development.
(3)
Adequate stormwater management shall be provided on-site, i.e., detention
or retention ponds.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "B")]
A.
Purpose and characteristics. The RC-1 Rural Cluster Residential Overlay
District is primarily intended to provide for the creation and development
of individual nonfarm residential lots or multiple nonfarm residential
lots clustered in small groups in order to preserve the rural and
natural environment. The RC-1 District is intended to be applied to
undeveloped land currently in the AG-1 Agricultural and C-1 Conservancy
Districts where the overall densities of such development shall not
exceed one dwelling unit per 25 acres of land. The RC-1 District cannot
be applied to undeveloped land currently in the AE Agricultural Enterprise
or FP Farmland Preservation Districts.
B.
Permitted uses.
(1)
Single-family dwellings and essential services.
(2)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(3)
Foster family care.
(5)
Agricultural activities on nonfarm lots limited to:
(a)
The cultivation, harvesting and sale of crops and related farm
products.
(b)
The raising and sale of livestock or fowl, with associated pasture and barnyards (subject to the animal unit restrictions in § 295-19F herein).
(c)
Orchards, nurseries, greenhouses and related horticultural uses.
(d)
Growing and sale of Christmas trees.
(6)
Open space uses, primarily passive, including:
(a)
Hiking and walking trails, picnic areas and similar uses.
(b)
Conservation of natural areas in their existing state.
(c)
Easements for access, drainage, sewer lines and waterlines or
other public purposes.
(d)
Stormwater management facilities for the proposed development,
including detention and retention ponds.
C.
D.
RC-1 site regulations.
(1)
Parent tract size.
(a)
Minimum 25 acres.
(b)
If a parent tract proposed for land division is 40 acres or
less in size:
[1]
The entire parent tract must be included in the land division
document (certified survey map or subdivision plat) and ordinance
attaching the RC-1 Overlay District.
(c)
If a parent tract proposed for land division is greater than
40 acres:
[1]
Only the lot being created is required to be included in the
land division document, provided that the entire parent tract is included
in the zoning ordinance assigning the RC-1 District; and
[2]
A deed or other legal document restricting the remaining land
from further division or development that has been reviewed and approved
by the Town Board shall be recorded with the land division document
(CSM or plat).
(2)
Density.
(a)
The number of nonfarm lots that can be divided from a parent
tract (i.e., one development right) shall be limited to one lot for
each 25 contiguous acres.
(b)
All land within a parent tract that is currently zoned AG-1
or C-1 can be used in the calculation of the total number of development
rights for a parent tract.
(c)
If a parent tract contains more than 50 acres, two or more development
rights may be combined so that one larger lot may be created and developed.
When two or more development rights are proposed for combination,
the lot being created can be increased up to three additional acres
for each development right used.
(d)
The number of nonfarm lots that can be created from land already
located in the RC-1 District was determined at the time the rezoning
of such land was approved and is available from the Town.
(3)
Lot size.
(a)
Minimum: two acres.
(b)
Maximum: three acres (except that the maximum lot size may be
increased up to five acres where the creation of a lot equal to or
less than three acres would result in the creation of outlots that
cannot be logically included as part of the original agricultural
land or reasonably used for agricultural purposes or, in the opinion
of the Plan Commission, an increase in the maximum lot size will result
in a more logical layout or parcel configuration depending on natural
boundaries, fence lines, ditches, etc.).
(4)
Lot location and layout.
(a)
Where and when practical lots should be created from that portion
of a parent tract that is less suitable for agricultural uses by virtue
of:
[1]
Having relatively less productive soils;
[2]
Being wooded, having relatively steeper topography;
[3]
Having an odd shape or limited width due to natural or other
fixed boundaries;
[4]
Being located relatively farther away and/or naturally buffered
from existing agricultural operations on adjacent land that could
adversely affect the proposed residential lot(s) and future residents.
(b)
The configuration and layout of lots should:
(5)
Transfer of development rights.
(a)
The transferring of one or more development rights between adjoining
and/or nonadjoining parent tracts that are located in the Town of
Lowell and under the same or common ownership may be permitted, provided
that:
[1]
Only development rights attached to land currently zoned AG-1
can be transferred (development rights attached to C-1 zoned land
is not transferable);
[2]
A Transfer of Development Rights (TDR) Agreement affecting both
parcels involved in the transfer that is mutually agreed to by the
property owner(s) and the Town Board is submitted to and approved
by the Town Board and recorded with the CSM or subdivision plat;
[3]
The Town board agrees that the transfer of development rights
and the subsequent development of residential lots is consistent with
and furthers the intent of this chapter in terms of:
E.
Accessory uses and detached accessory structures. Accessory uses and detached accessory structures are permitted in accordance with Article X. Such uses and structures shall not exceed 25 feet in height; shall not be closer than 75 feet from the street center line; 10 feet to any side yard; and shall not be closer than 10 feet to a rear lot line. The combined square footage of all accessory structures on the property shall not be larger than 5% of the lot size. Example: If the total property is five acres, the accessory structures cannot be larger than 10,890 square feet.
[Amended 4-9-2019 by Ord.
No. 2019-3 (Attachment A)]
F.
Animal unit restrictions. Unless otherwise specifically allowed or restricted as part of a conditional use permit, variance or existing as a legal nonconforming use prior to January 1, 2010, the number of animal units (see "animal unit" definition in § 295-7) allowed to be kept on a nonfarm parcel of land shall be limited as follows:
G.
Cluster subdivision design standards. The following standards shall
apply to all cluster groups of five lots or more created by a subdivision:
(1)
Layout.
(a)
All dwelling units shall be grouped into cluster groups.
(b)
Cluster groups shall be defined by the outer perimeter of contiguous
lot areas or abutting streets and may contain lots, streets, and cluster
group open space.
(c)
Clusters shall be a minimum of 100 feet from another cluster
with a significant open space or natural feature creating the separation.
(d)
Clusters shall be defined and separated by common open space
in order to provide direct access to common open space and privacy
to individual lots.
(e)
Cluster groups containing eight or more dwelling units shall
provide internal open space at a minimum of 2,000 square feet per
dwelling unit. This open space may count toward the overall open space
requirement for the development and shall meet the following standards:
[1]
The open space shall be configured as a cul-de-sac island, an
island within a larger loop or semicircular loop, an island in a boulevard
street, or a common green area.
[2]
The open space shall have a minimum street frontage of 100 feet.
[3]
All lots in a cluster group shall abut common open space to
the front or rear where common open space across a street shall qualify
for this requirement.
[4]
Disturbance to woodlands, hedgerows, and individual mature trees
shall be minimized. However, when the objective is to preserve prime
farmland soils and large areas of contiguous land suitable for agricultural
use, dwelling units may be located within the woodlands, provided
that no more than 30% of a single wooded lot is cleared.
(2)
Landscaping.
(a)
Preserve existing natural landscape.
(b)
Installation of street trees is required along internal streets
within the cluster development. Street trees may be planted, but are
not required, along internal streets which pass through common open
space.
(c)
Buffers between the cluster development and external streets
are required. A planted buffer area at least 30 feet wide shall be
established. Planting should occur as follows:
[1]
The landscape screen must include vegetation of a size and type
that will disrupt views of residential homes within the cluster from
outside of the development.
[2]
The landscape screen must blend into the natural landscape of
the Town.
[3]
The landscape screen must include a mixture of deciduous and
evergreen trees that will provide year-round screening. The Town may
consult with a landscape architect or forester in reviewing the landscape
plan. The cost of this consultation will be billed to the developer.
[4]
Retain any existing trees and shrubs and add additional plantings
when necessary to obstruct the view between the external street and
the cluster development.
(3)
Ownership of common facilities and open space. The following methods
may be used, either individually or in combination, to own common
facilities and open space:
(a)
Homeowners' association. Common facilities and open space shall
be held in common ownership as undivided proportionate interests by
the members of the association (i.e. all lot owners in the development).
The homeowners' association shall be governed according to the following:
[1]
The applicant shall provide to the Town a description of the
organization, including any bylaws, and all documents governing maintenance
requirements and use restrictions for the common areas.
[2]
Membership in the association shall be mandatory for all purchasers
of dwelling units.
[3]
The members of the association shall share equitably the costs
of maintaining and operating the common facilities and open space.
[4]
The association shall have or hire adequate staff to maintain
the common facilities and open space.
[5]
The association is responsible for the maintenance of the common
facilities and open space. In the event the association does not maintain
the common facilities and open space, the Town may maintain the common
properties and assess the association members the cost of doing so
as necessary.
[6]
The association shall hold a conservation easement or deed restriction
on the common open space and common facilities to protect them from
further land division or development.
(b)
Transfer of ownership.
[1]
Transfer of easements to a private conservation organization
or land trust is acceptable if approved by the Town Board.
[2]
Ownership may be retained by the original landowner if the Town
and residents of the development hold conservation easements on the
land protecting it from any further development.
(4)
Sanitary sewer and on-site stormwater management.
(a)
Sewerage facilities for cluster development may consist of any
system meeting the requirements of the Wisconsin Department of Safety
and Professional Services for private sewerage system and the Wisconsin
Department of Natural Resources for public sewerage systems. Acceptable
systems may include:
(b)
Adequate stormwater management facilities shall be provided
as part of all cluster developments as set forth in the Town's stormwater
management regulations.
A.
Purpose and characteristics. The B-1 Business/Commercial Mixed-Use
District is intended to provide for orderly and attractive business
development in appropriate locations along arterial highways in the
Town which can provide the necessary infrastructure and services.
The B-1 Business/Commercial Mixed-Use District is also intended to
provide for business and customer service establishments which serve
the convenience and general retail needs of the Town, as well as establishments
which are logically related to and dependent upon highway traffic
or designed to serve the needs of such traffic. Such business development
should provide ample off-street parking and loading areas, safe vehicular
access to the arterial highway system, landscape planting screens
in areas adjacent to nonbusiness development and, when appropriate,
a development character and intensity of use which is compatible with
the rural character of the Town.
B.
Permitted uses.
(1)
Antique shop.
(2)
Art gallery.
(3)
Appliance store.
(4)
Bakery.
(5)
Barbershop.
(6)
Beauty shop.
(7)
Boutiques and specialty goods store.
(8)
Business and professional office.
(9)
Clinic.
(10)
Clothing store.
(11)
Coffee shop.
(12)
Confectionery.
(13)
Craft store.
(14)
Crockery store.
(15)
Delicatessen.
(16)
Drugstore.
(17)
Financial institution.
(18)
Florist.
(19)
Fruit store.
(20)
Furniture store.
(21)
Gift store.
(22)
Grocery store.
(23)
Hardware store.
(24)
Health club.
(25)
Laundry and dry-cleaning establishments employing not more than
seven persons.
(26)
Meat market.
(27)
Newspaper office.
(28)
Music store.
(29)
Office supply and stationery store.
(30)
Optical store.
(31)
Pet shop.
(32)
Photo supply store.
(33)
Printing shop.
(34)
Studios for photography, painting, music, sculpture, dance and
other recognized fine arts.
(35)
Sporting goods store.
(36)
Tobacco store.
(37)
Variety store.
(38)
Vegetable store.
C.
Conditional uses.
(1)
Automotive sales and services.
(2)
Automotive repair shop.
(3)
Auto and truck rental.
(4)
Bars and clubs.
(5)
Drive-in establishments.
(6)
Driving range.
(7)
Funeral home.
(8)
Gas station.
(9)
Miniature golf.
(10)
Multifamily apartment.
(11)
Rifle range.
(12)
Skating rink.
(13)
Theater.
(14)
Construction contracting.
(18)
Dog kennels and horse boarding.
(19)
Applicant may request or apply for amendments to add uses to
the conditional-use list.
E.
Plans and specifications to be submitted to Plan Commission. The
builder of any building hereafter erected or structurally altered
in the B-1 Business/Commercial Mixed-Use District shall, before a
building permit is issued, present detailed plans and specification
of the proposed structure to the Plan Commission, who will approve
said plans only after determining that the proposed building will
not impair an adequate supply of light and air to adjacent property,
or substantially increase the danger of fire, or traffic congestion,
or otherwise endanger the public health or safety, or substantially
diminish or impair property values within the Town. The Plan Commission's
review of the plans and specifications shall be concerned with such
items as general site layout and building design, vehicular ingress
and egress, off-street parking, loading and unloading and landscape
planting plans.
F.
Landscaping.
(1)
Roadside edge.
(a)
Landscaping and fencing shall be designed to establish a clear
edge along the edge of the site that is visible to motorists and others
passing by or viewing the site.
(b)
The only openings or breaks in this edge, or surfaces designed
for parking or vehicular movement, shall be those allowed for entries,
signage, or other provisions described in these standards.
(c)
The ground surface shall be grass or other planting material
unless otherwise noted.
(d)
Edges shall consist of a facade of the building located within,
and parallel to the location of, the roadside edge (designed in accordance
with the architectural regulations) or a row of trees 30 feet to 40
feet apart, planted on center, that create a visual rhythm along the
edge of the site, or one row of such trees, plus any of the following:
[1]
A masonry or split-rail fence at least 48 inches high with masonry
posts at least 20 feet on center.
[2]
An ornamental metal fence at least 48 inches high with a coniferous
hedge at least 36 high planted on one side of the fence. All hedges
shall be planted a minimum of 24 inches on center.
[3]
An evergreen hedge or series of continuous shrubs and bushes
at least 36 inches thick and 48 inches high with no open space between
plants. All hedges shall be planted a minimum of 24 inches on center.
(2)
Roadside court.
(a)
Parking lots should have strong edges to define them as spaces.
This can be achieved with building, landscaping, fencing, light fixtures,
or combinations of these elements.
(b)
The geometry of parking lots should be orthogonal and parallel
to major buildings.
(c)
The parking lot shall be designed as a series of parking areas
each separated by significant landscape features. Each individual
parking area cannot exceed 200 feet in width (there is no limitation
for length).
(3)
Significant landscapes.
(a)
Create significant landscapes between buildings.
(b)
Include seating areas to encourage the use of the space.
(c)
Landscaping should be grouped together to create a significant
place (e.g., groves or gardens) instead of scattered throughout the
parking.
(d)
Each significant landscape feature shall be no less than 20
feet wide and no less than 2,000 square feet in total area.
(e)
The total amount of significant landscaped area shall be no
less than one tree for every four parking spaces. Trees and areas
planted as part of the roadside edge or side yard edges shall not
be included as part of the calculations for significant landscape
areas.
(f)
Significant landscape areas less than 5,000 square feet should
have simple geometric forms, such as rectangles, ovals, and semicircles.
Connect the landscape to existing landscape in and around the site.
(4)
Encourage landscaping continuity.
(a)
Landscape plans should use as limited number of tree and shrub
species for the edge which are native, low-maintenance, resistant
to salt, and have a relatively fast growth rate. A variety of colors
and/or species may be used as design features but should not dominate
the simple form of the landscape.
(b)
Use a limited number of tree and shrub species for the edge
which are native, low-maintenance, resistant to salt, and have a relatively
fast growth rate.
(5)
Integrate road drainage with the site design. Allow for proper drainage,
but consider options that allow for landscaping near the road edge.
Encourage the use of paving systems that allow for easy drainage.
G.
Drainage and on-site stormwater management. The following standards
shall apply to all development:
(1)
Sewerage facilities for development may consist of any system meeting
the requirements of the Wisconsin Department of Safety and Professional
Services for private sewerage systems and the Wisconsin Department
of Natural Resources for public sewerage systems. Acceptable systems
may include:
(2)
Drainage of on-site stormwater shall not be in excess of the stormwater
which existed before the development.
(3)
Adequate stormwater management shall be provided on site, i.e., detention
or retention ponds.
A.
Purpose and characteristics. The M-1 Manufacturing/Industrial District
is intended to provide for the orderly development of manufacturing,
fabrication or other similar industrial operations which are appropriate
to rural surroundings and not requiring public sewer or water service,
nor high-weight-capacity highways, and which, on the basis of actual
physical and operational characteristics, would not be detrimental
to the surrounding area or to the Town as a whole by reason of smoke,
noise, dust, odor, traffic, physical appearance or other similar factors.
Accordingly, the M-1 Manufacturing/Industrial District establishes
such regulatory controls as will reasonably ensure the compatibility
of manufacturing development with surrounding areas. All uses in this
District must meet all applicable State of Wisconsin industrial standards.
B.
Permitted uses.
(1)
Agriculture.
(2)
Automotive body repairs.
(3)
Commercial bakeries.
(4)
Commercial greenhouses.
(5)
Distributors.
(6)
Farm machinery.
(7)
Truck repair facilities and truck or trailer parking.
(8)
Laboratories.
(9)
Machine shops.
(10)
Manufacture and bottling of beverages.
(11)
Painting.
(12)
Printing and/or publishing.
(13)
Storage and sale of machinery and equipment.
(14)
Trade and contractors' offices.
(15)
Warehousing for manufacturing, fabrication, packaging, and assembly
of products from furs, glass, leather, metals, paper, plaster, plastics,
textiles, and wood.
(16)
Warehousing for manufacturing, fabrication, processing, packaging,
and packing of confections, cosmetics, electrical appliances, electronic
devices, food, instruments, jewelry, pharmaceuticals, tobacco, and
toiletries, essential services, or similar uses.
C.
Conditional uses.[1]
(1)
Disposal and recycle areas.
(2)
Farms operated for the disposal of sewage, rubbish or offal.
(4)
Oil and coal refineries.
(5)
Sewage treatment facilities.
(6)
Utilities.
(10)
Dog kennels and horse boarding.
(11)
Duly licensed adult-oriented establishments.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
E.
Plans and specifications to be submitted to Plan Commission. The
builder of any building hereafter erected or structurally altered
in the M-1 Manufacturing/Industrial District shall, before a building
permit is issued, present detailed plans and specifications of the
proposed structure to the Plan Commission, who will approve said plans
only after determining that the proposed building will not impair
an adequate supply of light and air to adjacent property, or substantially
increase the danger of fire, or traffic congestion, or otherwise endanger
the public health or safety, or substantially diminish or impair property
values within the Town. The Plan Commission review of the plans and
specifications shall be concerned with such items as general site
layout and building design, vehicular ingress and egress, off-street
parking, loading and unloading and landscape planting plans.
F.
Drainage and on-site stormwater management. The following standards
shall apply to all development:
(1)
Sewerage facilities for development may consist of any system meeting
the requirements of the Wisconsin Department of Safety and Professional
Services for private sewerage systems and the Wisconsin Department
of Natural Resources for public sewerage systems. Acceptable systems
may include:
(2)
Drainage of on-site stormwater shall not be in excess of the stormwater
which existed before the development.
(3)
Adequate stormwater management shall be provided on site, i.e., detention
or retention ponds.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "C"); 3-10-2015 by Ord. No. 2015-1 (Exhibit
"A")]
A.
Purpose and characteristics. The AG-1 General Agricultural District
is intended to provide for, maintain, preserve, and enhance agricultural
lands historically utilized for crop production and maintain the existing
rural character.
B.
Permitted uses.
(2)
Floriculture and florists.
(3)
Forestry.
(4)
Grazing and pasturing.
(5)
Greenhouses and plant nurseries.
(6)
Fish hatcheries.
(7)
Fur farms.
(8)
Horticulture.
(10)
Orchards and vineyards.
(11)
Paddocks and stables.
(13)
Essential services for farming.
(14)
Single-family dwellings and necessary appurtenant structures
on any operating farm for occupancy by those employed in connection
with the farm operation and their families at a density not to exceed
one dwelling unit per 35 acres.
C.
Conditional uses.
(2)
Commercial greenhouse, landscape and nursery business.
(3)
Sanitary landfill that serves the needs of Town residents.
(4)
Duplexes (two-family dwellings) and necessary appurtenant structures
on any operating farm for occupancy by those employed in connection
with the farm operation and their families subject to the provisions
of the RC-1 District.
(5)
Farm machinery repair businesses.
(8)
Gravel pits and quarries, but not including the manufacture of products other than the production of crushed stone, gravel or sand (see § 295-41).
(11)
Landscape contracting.
(12)
Storing, manufacturing and sale of explosives (limited to such uses existing as of January 1, 2009, and which are deemed to be nonconforming uses subject to § 295-45).
(13)
Agricultural and other compatible uses of existing farm structures.
(15)
Agricultural operations listed as permitted or conditional uses
on substandard lots existing prior to the adoption of this chapter.
(16)
Rifle/shotgun ranges.
D.
E.
Farmette regulations. A "farmette" is a small farm containing preexisting
farm buildings that is at least five acres in size created by a land
division usually because of a farm consolidation. A farmette is intended
to be used for hobby farm or other small-scale agricultural uses.
(1)
Lot size.
(a)
Minimum: five acres.
(b)
Maximum: to be determined by the Plan Commission, but not to
exceed 15 acres based on the suitability of the land and existing
buildings for the intended use and the required setbacks surrounding
the existing buildings deemed necessary by the Plan Commission to
buffer adjacent uses and parcels.
F.
Animal unit restrictions. Unless otherwise specifically allowed or restricted as part of a conditional use permit, variance or previously existing as a legal nonconforming use prior to January 1, 2010, the number of animal units (see "animal unit" definition in § 295-7) allowed to be kept on a parcel of land shall be limited as follows:
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "D"); 3-10-2015 by Ord. No. 2015-01 (Exhibit "C")]
A.
Purpose and characteristics. The C-1 Conservancy Overlay District
is intended to be used to prevent destruction of valuable natural
or man-made resources. The district primarily includes pubic lands.
[Amended 6-9-2020 by Ord. No. 2020-1]
B.
Permitted uses.
(1)
Hiking, fishing, trapping, hunting, swimming, and boating, unless
prohibited by other ordinances or laws.
(2)
Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice,
berries, tree fruits and tree seeds, in a manner that is not injurious
to the natural reproduction of such crops and that does not involve
filling flooding, draining, dredging, ditching, tiling, or excavating.
(3)
Silviculture, including the planting, thinning, and harvesting of
timber.
(4)
Pasturing of livestock and the construction and maintenance of fences,
provided that no filling, flooding, draining, dredging, ditching,
tiling, or excavating is done.
(5)
Cultivation of agricultural crops if cultivation can be accomplished
without filling, flooding, or artificial drainage of the wetland through
ditching, tiling, dredging or excavating, except that flooding, dike
and dam construction, and ditching shall be allowed for the purpose
of growing and harvesting cranberries.
(6)
Ditching, tiling, dredging, excavating, or filling done to maintain
or repair an existing agricultural drainage system only to the extent
necessary to maintain the level of drainage required to continue the
existing agricultural use.
(7)
Construction and maintenance of piers, docks, walkways, observation
decks, and trail bridges, including those buildings on pilings, provided
that no filling, flooding, dredging, draining, ditching, tiling, or
excavating is done, except limited filling for access ramps.
(8)
Maintenance, repair, replacement, and construction of existing streets,
roads, highways, and bridges.
C.
Conditional uses. The following public and private recreational facilities
shall be conditional uses and may be permitted as specified (provided
that the lot area is not less than three acres and all structures
are not less than 50 feet from any district boundary):
D.
Structures prohibited. No structures shall be placed or moved onto
lands lying in the C-1 District except structures not exceeding an
area of 500 square feet which are accessory to principal or conditional
uses. Habitable buildings or structures used for dwelling purposes
are prohibited.
E.
Incompatible uses prohibited. No on-site soil absorption sanitary
sewage system, holding tank, or private well used to obtain water
for ultimate human consumption shall be constructed in the C-1 District.
A.
Purpose and characteristics. The Park District is intended to provide
for areas where the recreational needs, both public and private, of
the populace can be met without undue disturbance of natural resources
and adjacent uses.
B.
Permitted uses.
(1)
Public and private parks for passive use.
(2)
Arboretum.
(3)
Playgrounds.
(4)
Fishing.
(5)
Swimming beaches.
(6)
Skating.
(7)
Sledding.
(8)
Skiing.
(9)
Sustained-yield forestry.
(10)
Wildlife preserves.
(11)
Soil and water conservation.
(12)
Water measurement.
(13)
Water control facilities and essential services.
C.
Conditional uses. The following public and private recreational uses
shall be conditional uses and may be permitted as specified:
(1)
Archery ranges.
(2)
Boating.
(3)
Camps.
(4)
Conservatories.
(5)
Driving ranges.
(6)
Golf courses.
(7)
Hunting.
(8)
Ice-skating rinks.
(9)
Sporting fields.
(10)
Swimming pools, provided that the lot area is not less than
three acres and all structures are not less than 50 feet from any
district boundary.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "E")]
A.
Purpose and characteristics. The AE Agriculture Enterprise District
is intended to preserve and promote a full range of agricultural uses,
secure land for livestock production and other agricultural uses that
may be more intensive than crop production. The AE District is intended
to implement the requirements of and be consistent with Wisconsin's
Livestock Facility Siting Law established in § 93.90, Wis.
Stats., and ATCP 51, Wis. Adm. Code. The AE District is intended to
implement applicable Comprehensive Plan goals, objectives and policies
by encouraging livestock and other agricultural uses in areas where
conditions are best suited for these agricultural uses and discourage
nonfarm residential development to avoid potential land use conflicts.
The AE District is generally compatible with the "Agricultural" areas
designated on the Future Land Use Plan Map in the Comprehensive Plan.
Due to the more intensive nature of uses allowed, the AE District
is not intended to be applied within the "Agricultural Transition"
areas designated on the Future Land Use Plan Map in the Comprehensive
Plan.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "D")]
B.
Permitted uses.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "D")]
(1)
General agricultural uses, including: floriculture, forestry, grazing
and pasturing, greenhouses, florists, plant nurseries, orchards, hatcheries,
horticulture, viticulture.
(3)
Paddocks and stables.
(4)
Single-family residences and accessory structures thereto for occupancy
by those employed in connection with the agricultural operation and
their families.
C.
Conditional uses.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "D")]
(2)
Livestock facilities and animal confinement facilities with more than 500 animal units (see definition in § 295-25F).
(3)
Commercial greenhouse, landscape and nursery business.
(4)
Sanitary landfill that serves the needs of Town residents.
(7)
Rifle/shotgun ranges.
(8)
Gravel pits and quarries, but not including the manufacture of products other than the production of crushed stone, gravel or sand (see § 295-41).
(10)
Agricultural operations listed or permitted as conditional uses
herein on substandard lots in existence prior to the adoption of this
chapter.
D.
AE site regulations.
(7)
Setbacks for waste storage structures serving livestock facilities.
(a)
All property lines: 350 feet.
(b)
Rights-of-way: 350 feet.
|
NOTE: The setback requirements under Subsection D(6) and (7) above do not prevent the use or expansion of a livestock facility or waste storage structure that was located within the setback area prior to the effective date of this chapter, except that a structure may not be expanded closer to the property line and/or right-of-way.
|
(8)
Water quality and related setbacks.
(a)
Navigable waters and wetlands.
[1]
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.
(b)
Floodplain.
[1]
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.
(c)
Wells.
[1]
All wells located within in a livestock facility shall comply
with Ch. NR 811 and 812, Wis. Adm. Code. New or substantially altered
livestock structures shall be separated from existing wells by the
distances required in Ch. 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 May 1,
2006, may be altered as long as the alteration does not reduce the
distance between the livestock structure and an existing well.
E.
Supplemental conditional use permit application requirements and
review procedures for livestock facilities.
(1)
Permits required.
(a)
A permit is required for a new livestock facility if the number
of animal units kept at the facility exceeds 500.
(b)
A permit is required for the expansion of a preexisting or previously
approved livestock facility if the number of animal units kept at
the expanded livestock facility will exceed all of the following:
(c)
A permit is not required for livestock facility that existed before May 1, 2006, or before the effective date of the permit requirement in this chapter [except as provided in Subsection E(1)(b)].
(d)
A permit is not required for livestock facility that was previously issued a conditional use permit or other local approval [except as provided in Subsection E(1)(b)]. 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.
(2)
Application procedure.
(a)
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 incorporated by reference, without reproducing
them in full. The application form and worksheets establish compliance
with the standards in Ch. ATCP 51, Wis. Adm. Code, and this chapter.
(b)
The operator must file four duplicate copies of the application
form, including all worksheets, maps and documents (other than engineering
design specifications) included in the application.
(3)
Application fee.
(a)
A nonrefundable application fee in accordance with the Town
Board's current Fee Schedule shall accompany each application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Application review procedure.
(a)
Within 45 days after the Town 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 Town shall notify the applicant that the application
is complete. This notice does not constitute an approval of the proposed
livestock facility.
(b)
Within 14 days after the Town notifies an applicant that the
application is complete, the Town shall notify adjacent landowners
of the application. The Town shall use the approved notice form in
Ch. ATCP 51, Wis. Adm. Code, and mail a written notice to each adjacent
landowner.
(c)
The Town shall grant or deny an application within 90 days after the notice of a complete application is provided as required by Subsection E(4)(b) above. The Town may extend this time limit for good cause, including any of the following:
[1]
The Town needs additional information to act on the application.
[2]
The applicant materially modifies the application or agrees
to an extension.
[3]
The Town shall give written notice of any extension. The notice
shall specify the reason for the extension, and the extended deadline
date by which the Town will act on the application.
(6)
Criteria for issuance of a permit.
(a)
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.
(b)
A permit may be denied if any of the following apply:
[1]
The application, on its face, fails to meet the standard for
approval.
[2]
The Town 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.
[3]
Other grounds authorized by § 93.90, Wis. Stats.,
that warrant disapproving the proposed livestock facility.
(c)
No conditions may be imposed on permit other than standards
provided herein.
(7)
Record of decision.
(a)
The Town shall issue its decision in writing. Its decision shall
be based on written findings of fact supported by evidence in the
record.
(b)
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.
(8)
Notice to the Department.
(a)
The Clerk as required by § ATCP 51.36, Wis. Adm. Code,
within 30 days of the Town/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 Town's decision.
[2]
File with the Department a copy of the final application granted
or denied, if the Town/county has granted or denied an application
under this chapter. (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.)
[3]
If the Town has withdrawn a local approval under this chapter,
file with the Department a copy of the Town/county final notice or
order withdrawing the local approval.
(9)
Expiration of permit.
(a)
A permit remains in effect regardless of the amount of time
that elapses before the livestock operator exercises the authority
granted under permit, and regardless of whether the livestock operator
exercises the full authority granted by the approval. However, the
political subdivision 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:
(10)
Permit modifications.
(a)
The operator may make reasonable changes that maintain compliance
with the standards in this chapter, and the Town shall not withhold
authorization for those changes.
(11)
Compliance monitoring.
(a)
The Town shall monitor compliance with this chapter as follows:
[1]
Upon notice to the livestock facility owner, request the right
of the Town 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.
[2]
If the livestock facility owner refuses the Town the right to
view the permitted facility, the Town may request the assistance of
the Dodge County 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.
[3]
If a permitted facility is found not to be in compliance with
the commitments made in the approved application, the Town shall issue
a written notice to the livestock facility owner stating the conditions
of noncompliance and directing that compliance of the commitments
of the approved application be complied with in a reasonable amount
of time stated in this written notice.
[4]
If noncompliance of the permit conditions as described in the
written notice given by the Town continue past the stated reasonable
time to comply, the Town may take further action as provided in this
chapter, including but not limited to issuance of a citation or seeking
of injunctive relief.
[5]
If the livestock facility owner disputes that the conditions
of the permit have not been complied with, the livestock facility
owner may request a hearing, in writing, within five days of receipt
of the notice of noncompliance. The Town shall schedule a hearing
within five days to determine if the conditions of the permit have
been complied with or whether noncompliance of the commitments of
the approved application and local approval exists.
(12)
Terms of the permit.
(a)
A permit and the privileges granted by a permit issued under
this chapter is conditioned on the livestock operator's compliance
with the standards in this chapter, and with commitments made in the
application for a permit. The Town is authorized suspend a permit
or seek other redress provided in this chapter for noncompliance.
(13)
Transferability.
(a)
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 Town 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.
F.
ADJACENT
AGRICULTURAL PROCESSING AND PACKAGING
AGRICULTURAL RESEARCH AND DEVELOPMENT
AGRICULTURAL SALES AND SERVICE
(1)
(2)
AGRICULTURAL STORAGE
AGRICULTURAL USE
AGRICULTURALLY RELATED RESIDENCE
AGRICULTURE, ANIMAL
AGRICULTURE, CROP
ANIMAL UNIT
COMPLETE APPLICATION FOR LOCAL APPROVAL
DEPARTMENT
EXPANDED LIVESTOCK FACILITY
(1)
EXPANDED LIVESTOCK FACILITY
EXPANSION
LIVESTOCK
LIVESTOCK FACILITY
LIVESTOCK STRUCTURE
NAVIGABLE WATERS
NEW LIVESTOCK FACILITY
OPERATOR
PERSON
POPULATE
PROPERTY LINE
QUALIFIED NUTRIENT MANAGEMENT PLANNER
RELATED LIVESTOCK FACILITIES
(1)
(a)
(2)
(3)
(a)
ROADSIDE STAND
SEPARATE SPECIES FACILITY
(1)
(2)
(3)
(4)
(a)
(b)
SIGNAGE
SINGLE-FAMILY RESIDENCE
STABLE, COMMERCIAL
VALUE-ADDED AGRICULTURE
WASTE
WASTE STORAGE FACILITY
WASTE STORAGE STRUCTURE
WINTER GRAZING AREA
(1)
(2)
(a)
(b)
(c)
(d)
WPDES PERMIT
Definitions. For purposes of administering this section, the following
definitions shall apply:
Located on land parcels that touch each other, or on land
parcels that are separated only by a river, stream, or transportation
or utility right-of-way.
An establishment primarily engaged in refining, processing
or otherwise adding value to raw agricultural goods, including but
not limited to washing, sorting, cutting, bagging, freezing, canning,
packing, bottling or butchering.
The use of land or buildings for agriculture research and
the cultivation of new agricultural products.
An establishment primarily engaged in:
The sale or rental of farm tools and implements, feed and grain,
tack, animal care products, farm supplies and the like; or
Performing agricultural or horticultural services on a fee or
contract basis, including but not limited to crop dusting and spraying
services, harvesting and plowing services, agricultural land grading
services, farm equipment service and repair, and large animal veterinary
services.
Grain elevators and other facilities for the warehousing
and storage of agricultural products.
Beekeeping; commercial feedlots; dairying; egg production;
floriculture; fish or fur farming; forest and game management; grazing;
livestock raising; orchards; plant greenhouses and nurseries; poultry
raising; raising of grain, grass, mint and seed crops; raising of
fruits, nuts and berries; sod farming; and vegetable raising.
A residence which are occupied by:
The use of land for animal feeding operations, including
areas for the storage, treatment and disposal of manure and other
related waste products.
The use of land for the production of row crops, field crops,
tree crops, timber, bees, apiary productions, and fur-bearing mammals.
A unit of measure used to determine the total number of single
animal types or combination of animal types, as specified in § NR
243.11, Wisconsin Administrative Code, which are fed, confined, maintained
or stabled in an animal feeding operation. The total number of animal
units for a given type of animal shall be calculated by multiplying
the number of animals for each animal type by the appropriate equivalency
factor from the following table, and summing the products. The number
of combined animal units shall be the sum of the number of animal
units for each animal type. For animal types not listed in the following
table, the equivalency to animal units shall be based on live animal
weights. In these cases, 1,000 pounds of live weight is equivalent
to one animal unit.
|
Animal Unit Calculation Table
Number Equivalent to 500 Animal Units
| ||
|---|---|---|
|
Number Equivalent to 500 Units
|
Animal Type
|
Animal Equivalency Factor
|
|
Dairy cattle:
| ||
|
350
|
Milking and dry cows
|
1.4
|
|
455
|
Heifers (800 to 1,200 pounds)
|
1.1
|
|
835
|
Heifers (400 to 800 pounds)
|
0.6
|
|
2,500
|
Calves (under 400 pounds)
|
0.2
|
|
Beef cattle:
| ||
|
500
|
Steers or cows (600 pounds to market)
|
1.0
|
|
1,000
|
Calves (under 600 pounds)
|
0.5
|
|
350
|
Bulls
|
1.4
|
|
Swine:
| ||
|
1,250
|
Pigs (55 pounds to market)
|
0.4
|
|
5,000
|
Pigs (up to 55 pounds)
|
0.1
|
|
1,250
|
Sows
|
0.4
|
|
1,000
|
Boars
|
0.5
|
|
Sheep:
| ||
|
5,000
|
Per animal
|
0.1
|
|
Horses:
| ||
|
250
|
Per animal
|
2.0
|
|
Ducks:
| ||
|
2,500
|
Per bird (wet lot)
|
0.2
|
|
50,000
|
Per bird (dry lot)
|
0.01
|
|
Chickens:
| ||
|
50,000
|
Layers
|
0.01
|
|
100,000
|
Broilers
|
0.005
|
|
50,000
|
Broilers (continuous over flow watering)
|
0.01
|
|
15,000
|
Layers or broilers (liquid manure system)
|
0.033
|
|
Turkeys:
| ||
|
27,500
|
Per bird
|
0.018
|
An application that contains everything required under §§ ATCP
51.30(1) to (4), Wis. Adm. Code.
The Department of Agriculture, Trade, and Consumer Protection.
Includes all livestock structures in the expanded facility,
regardless of whether those structures are new, existing or altered.
Note: This chapter applies to local approvals of new or expanded
livestock facilities that will have 500 or more animal units. Although
this chapter covers all livestock structures in an expanded livestock
facility, existing structures are subject to less rigorous standards
than new or expanded structures, and are completely exempt from certain
requirements.
The entire livestock facility that is created by the expansion
after May 1, 2006.
An increase in the largest number of animal units kept at
a livestock facility on at least 90 days in any twelve-month period.
The acquisition of an existing livestock facility by the operator
of an adjacent livestock facility, does not constitute an expansion
unless that operator increases the largest number of animal units
kept at the combined livestock facilities on at least 90 days in any
twelve-month period.
Domestic animals traditionally used in this state in the
production of food, fiber or other animal products. "Livestock" includes
cattle, swine, poultry, sheep and goats. "Livestock" does not include
equine animals, bison, farm-raised deer, fish, captive game birds,
ratites, camelids or mink.
A feedlot, dairy farm or other operation where livestock
are or will be fed confined, maintained or stabled for a total of
45 days or more in any twelve-month period. A livestock facility includes
all of the tax parcels of land on which the facility is located, but
does not include a pasture or winter grazing area. Related livestock
facilities are collectively treated as a single livestock facility
for purposes of this chapter, except that an operator may elect to
treat a separate species facility as a separate livestock facility.
A building or other structure used to house or feed livestock,
to confine livestock for milking, to confine livestock for feeding
other than grazing, to store livestock feed, or to collect or store
waste generated at a livestock facility. "Livestock structure" does
not include a pasture or winter grazing area, a fence surrounding
a pasture or winter grazing area, a livestock watering or feeding
facility in a pasture or winter grazing area, or a machine shed or
like facility that is not used for livestock.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Has the meaning given in § 30.01(4m), Wis. Stats.
A livestock facility that will be used as a livestock facility
for the first time, or for the first time in at least five years.
"New livestock facility" does not include an expanded livestock facility
if any portion of that facility has been used as a livestock facility
in the preceding five years.
A person who applies for or holds a local approval for a
livestock facility.
An individual, corporation, partnership, cooperative, limited
liability company, trust or other legal entity.
To add animal units for which a permit or other local approval
is required.
A line that separates parcels of land owned by different
persons.
A person qualified under § ATCP 50.48, Wis. Adm.
Code.
Livestock facilities that are owned or managed by the same
person and related to each other in at least one of the following
ways:
They are located on the same tax parcel or adjacent tax parcels
of land.
NOTE: A mere acquisition of a neighboring livestock facility
does not constitute an expansion unless more animal units are added
to the combined facilities.
They use one or more of the same livestock structures to collect
or store manure.
At least a portion of their manure is applied to the same land
spreading acreage.
NOTE: Compare definition of "animal feeding operation" under
§ NR 243.03(4), Wis. Adm. Code. Related livestock facilities
are treated as a single livestock facility for purposes of local approval
except that a separate species facility may be treated as a separate
livestock facility.
A building or part of a building no more than 500 square
feet used for the retail sale of agricultural and related incidental
products, excluding livestock, produced on the farm where the stand
is located.
A livestock facility that meets all of the following criteria:
It has no more than 500 animal units.
Its livestock housing and manure storage structures, if any,
are separate from the livestock housing and manure storage structures
used by livestock facilities to which it is related.
It meets one of the following criteria:
Its livestock housing and manure storage structures, if any,
are located at least 750 feet from the nearest livestock housing or
manure storage structure used by a livestock facility to which it
is related.
It and the other livestock facilities to which it is related
have a combined total of fewer than 1,000 animal units.
Outdoor advertising attached to, made a part of; or placed
in front, rear, sides, or top of any structure or on any land to announce
the name or nature of a farm business, including a roadside stand.
Signs are limited to eight square feet of panel area not to exceed
eight feet in height above grade, unlighted.
The principal use of a lot only for one dwelling unit.
A building or land where horses are kept for remuneration,
hire, sale, boarding, riding, or show.
A small commercial, manufacturing or service operation, which
is accessory to an agricultural use. Examples of value added agriculture
include small-scale food processing, handcrafting, product packaging
and marketing, and agricultural tourism. These farm-based activities
cannot exceed a certain size and scale, but may involve new structures.
Additional permits and licenses may be required to carry on these
activities.
Manure, milking center waste and other organic waste generated
by a livestock facility.
One or more waste storage structures. "Waste storage facility"
includes stationary equipment and piping used to load or unload a
waste storage structure if the equipment is specifically designed
for that purpose and is an integral part of the facility. "Waste storage
facility" does not include equipment used to apply waste to land.
A waste storage impoundment made by constructing embankments,
excavating a pit or dugout, or fabricating a structure. "Waste storage
structure" does not include equipment used to apply waste to land.
For purposes of §§ ATCP 51.12(2) and 51.14, Wis. Adm.
Code, "waste storage structure" does not include any of the following:
Cropland or pasture where livestock feed on dormant vegetation
or crop residue, with or without supplementary feed, during the period
October 1 to April 30.
"Winter grazing area" does not include any of the following:
An area, other than a pasture, where livestock are kept during
the period from May 1 to September 30.
An area which at any time has an average of more than four livestock
animal units per acre.
An area from which livestock have unrestricted access to navigable
waters of the state, such that the livestock access prevents adequate
vegetative cover on banks adjoining the water.
An area in which manure deposited by livestock causes nutrient
levels to exceed standards in § ATCP 51.16, Wis. Adm. Code.
A Wisconsin pollutant discharge elimination system permit
issued by DNR under Ch. NR 243, Wis. Adm. Code.
[Added 7-13-2010 by Ord.
No. 2010-1 (Exhibit "F")]
A.
Purpose and intent. The Farmland Preservation District is intended
to:
(1)
Implement Wisconsin's Working Lands Initiative (WLI) farmland preservation
policies through the creation, administration and enforcement of a
Farmland Preservation Zoning District that complies with the requirements
of Wis. Stats. Chapter 91 so that farmers and property owners are
eligible to apply for farmland preservation property tax credits;
(2)
Provide for the long-term preservation and protection of existing
and future farming and other agricultural activities and land uses
where farming is a viable component of the local and regional economy;
(3)
Separate agricultural activities and land uses from incompatible
residential, commercial, and industrial development and land uses
and certain public facilities;
(4)
Provide for the continued use of existing residential parcels and
to allow the creation and development of only a limited number of
nonfarm, low-density residential lots in a manner that:
(a)
Minimizes the costs of providing public facilities and services;
and
(b)
Minimizes potential conflicts with agricultural land uses by
limiting the density, maximum lot area and relative location of nonfarm
uses by clustering nonfarm lots within farm parcels where soil productivity
and topography are less suited for agriculture uses and well suited
for on-site sewage systems.
(5)
Include land in this Farmland Preservation District that has been
deemed to be worthy of long-term protection as of the date of adoption
of this chapter where the owners of such land have agreed to include
it in the Farmland Preservation District. The Town of Lowell intends
to include additional land in to the Farmland Preservation District
at the request of farmers and/or property owners once the Dodge County
Farmland Preservation Plan has been revised and adopted (expected
adoption no later than January 1, 2012).
B.
Permitted uses.
(1)
Agricultural uses and activities, including the following:
(a)
Crop production.
(b)
Livestock keeping and raising (excluding operations with over
500 animal units).
(c)
Beekeeping.
(d)
Plant nurseries and greenhouses (production operations only,
no retail sales).
(e)
Sod farms and Christmas tree production.
(f)
Floriculture.
(g)
Aquaculture.
(h)
Fur farming.
(2)
Game farms and fish hatcheries.
(3)
Forest and game management.
(4)
Undeveloped natural resource and open space areas.
(5)
Land enrolled in a federal agricultural commodity or conservation
program or a state agricultural land conservation program.
(6)
Transportation, utility, communication and other public, quasi-public
and private uses structures and buildings whose location is determined
by preemptive state or federal authority or regulations.
(7)
Farm residences subject to the following limitations:
(a)
A single-family or a duplex dwelling that is the only residential
structure on the farm;
(b)
The dwelling is occupied by the owner or operator of the farm,
a parent or child of the owner or operator of the farm, or another
individual who earns more than 50% of their gross income from the
farm upon which the farm residence is located.
(8)
Nonconforming uses, including, but not limited to, farm and nonfarm
dwellings on nonconforming lots or parcels that existed on the effective
date of this chapter.
C.
Conditional uses and structures.
(1)
Farms for the disposal, injection and/or land spreading of agricultural
and nonagricultural waste.
(2)
Nonfarm residences subject to the following limitations:
(a)
The proposed nonfarm residence can be on a new lot or parcel,
or, the conversion of a farm residence to a nonfarm residence through
a change in occupancy;
(b)
The ratio of nonfarm residential acreage to farm acreage on
the base farm tract on which the residence is or will be located will
not be greater than one to 20 after the residence is constructed or
converted to a nonfarm residence;
(c)
There will not be more than four dwelling units in nonfarm residences
or more than five dwelling units total in residences of any kind created
on or from the base farm tract after the residence is constructed
or converted to a nonfarm residence;
(d)
The location and size of the proposed nonfarm dwelling(s) and
lot or parcel will not result in the following:
[1]
Convert prime farmland from agricultural use or convert land
previously used as cropland, other than a woodlot, from agricultural
use if there is a reasonable alternative location or size for such
nonfarm parcel or nonfarm residence; and
[2]
Significantly impair or limit the current or future agricultural
use of other protected farmland.
(3)
Transportation, communications, pipeline, electric transmission,
utility, and drainage uses (including but not be limited to roads
and highways, commercial communication towers and relay facilities,
electricity, natural gas and other essential services and facility
transmission equipment) subject to meeting all of the following requirements:
(a)
The use and its location in the Farmland Preservation Zoning
District are consistent with the purposes of the Farmland Preservation
Zoning District.
(b)
The use and its location in the Farmland Preservation Zoning
District are reasonable and appropriate, considering alternative locations,
or are specifically approved under state or federal law.
(c)
The use is reasonably designed to minimize the conversion of
land from an agricultural use or open space use.
(d)
The use does not substantially impair or limit the current or
future agricultural use of surrounding parcels of land that are zoned
for or legally restricted to agricultural use.
(e)
Construction damage to land remaining in agricultural use is
minimized and repaired to the extent feasible.
(4)
Governmental, institutional, religious, or nonprofit community uses
(including but not limited to public, private, and parochial schools,
churches and cemeteries, government-operated administrative buildings,
libraries, parks, police, fire, and medical emergency buildings, sewage
treatment facilities, airports, airstrips, aircraft landing fields,
heliports) subject to meeting all of the following requirements:
(a)
The use and its location in the Farmland Preservation Zoning
District are consistent with the purposes of the Farmland Preservation
Zoning District.
(b)
The use and its location in the Farmland Preservation Zoning
District are reasonable and appropriate, considering alternative locations,
or are specifically approved under state or federal law.
(c)
The use is reasonably designed to minimize the conversion of
land from an agricultural use or open space use.
(d)
The use does not substantially impair or limit the current or
future agricultural use of surrounding parcels of land that are zoned
for or legally restricted to agricultural use.
(e)
Construction damage to land remaining in agricultural use is
minimized and repaired to the extent feasible.
(5)
Housing for seasonal or migratory farm laborers, subject to the following
limitations and requirements:
(a)
Lots, parcels, or tracts devoted to the farm operation upon
which such housing is located shall be not less than 100 acres;
(b)
Is only occupied by farm laborers;
(c)
Notwithstanding other provisions in this chapter regulating
their use and placement, only mobile homes or other similarly removable
dwelling structures shall be used; and
(d)
Dwellings are removed when farm laborers are no longer used
as part of the farm operation.
(6)
Raising, breeding, boarding and/or sheltering of domestic and exotic
or other nontraditional livestock, including, but not limited to,
llama, emu, and buffalo.
(7)
Short-term mineral extraction and mining activities, subject to meeting
all of the following requirements:
(a)
Activities shall not exceed a period of three years of operation;
(c)
Restoration of the land shall be to/for an agricultural use
and shall be ongoing and, to the greatest extent possible, completed
in phases as extraction is completed in a given area;
(d)
The operation complies with all applicable requirements of the
Wisconsin Department of Transportation concerning the restoration
of nonmetallic mining sites;
(e)
The operation and its location in the Farmland Preservation
Zoning District are consistent with the purposes of the Farmland Preservation
Zoning District;
(f)
The operation and its location in the Farmland Preservation
Zoning District are reasonable and appropriate, considering alternative
locations outside the Farmland Preservation Zoning District, or are
specifically approved under state or federal law;
(g)
The operation is reasonably designed to minimize the conversion
of land around the extraction site from agricultural use or open space
use;
(h)
The operation does not substantially impair or limit the current
or future agricultural use of surrounding parcels of land that are
zoned for or legally restricted to agricultural use.
D.
Accessory uses and structures.
(1)
Farm buildings and facilities, including, but not limited to, barns,
silos, sheds, storage bins and structures used for storage of farm
implements, machinery and related equipment.
(2)
Home occupations or nonagricultural enterprises, subject to the following
minimum regulations:
(a)
The enterprise shall be conducted entirely within the confines
of a principal residence or an existing accessory building or in the
rear or side yard of a lot or parcel and properly screened and/or
landscaped area so as to be completely obstructed from the view of
all public rights-of-way and surrounding residences;
(b)
No more than one acre of land shall be devoted to such use,
including areas used for buildings, parking, and storage;
(c)
Storage of all items shall be in the rear or side yard of a
lot or parcel and shall either be within the confines of a building
or a properly screened and/or landscaped area so as to be completely
obstructed from the view of all public rights-of-way and surrounding
residences;
(d)
Other than persons residing in the dwelling, no more than three
nonrelated persons may be employed;
(e)
The enterprise does not substantially impair or limit the current
or future agricultural use of the parcel or surrounding land that
is zoned for or legally restricted to agricultural use.
F.
H.
Building setbacks.
