A. 
Purpose. The purpose of this district is to preserve and enhance land for agricultural uses, and to incorporate and apply the livestock facility siting law requirements found in §§ 92.16 and 93.90, Wis. Stats., and ATCP 51 of the Wisconsin Administrative Code and to regulate the siting of new livestock facilities (with an excess of 500 animal units) and the expansion of existing livestock facilities by more than 20% (and over 500 animal units) in the Farmland Preservation Zoning District within the Town of Ledgeview.
B. 
Authority. This article is adopted pursuant to the Town's zoning powers found in §§ 60.62, 62.23(7), 92.16 and 93.90, Wis. Stats., together with the administrative provisions set forth in Ch. ATCP 51 of the Wisconsin Administrative Code, inclusive of all future amendments to any provisions of these statutes and administrative rules. The livestock facility siting standards established in Ch. ATCP 51, Wis. Adm. Code, including all appendixes, worksheets, and any future amendments to that chapter, are incorporated by reference and adopted.
C. 
Incorporation of state law. Pursuant to the provisions of §§ 93.90, Wis. Stats., the Town of Ledgeview does hereby adopt and incorporate into its existing Zoning Ordinance the provisions of §§ 92.16 and 93.90, Wis. Stats., and Ch. ATCP 51 of the Wisconsin Administrative Code, inclusive of all future amendments to any provisions of § 93.90, Wis. Stats. and Ch. ATCP 51 of the Wisconsin Administrative Code. The Town of Ledgeview's Zoning Ordinance hereby reflects the provisions of §§ 92.16 and 93.90, Wis. Stats., and Ch. ATCP 51 of the Wisconsin Administrative Code as if said statutory and administrative provisions were set forth in their entirety within the text of the Town's Zoning Ordinance.
D. 
Findings. The livestock siting, animal waste storage, and contaminated runoff storage facilities regulations and standards created by the Town are based upon the following reasonable and scientifically defensible findings of fact which are adopted and incorporated herein by reference:
(1) 
The Town recognizes the importance of protecting groundwater quality, and that proper land use and management, including proper management of nutrients from livestock operations, is essential to the protection of groundwater quality, public health, safety and welfare, and the property tax base of the Town. Many of the Town's residents rely on private wells for their drinking water.
(2) 
Improper storage of livestock waste and land application of such wastes can significantly impact groundwater quality by increasing the level of nitrates and increasing the risk of pathogens and other contaminants, particularly in environmentally vulnerable areas.
(3) 
Nitrates, pathogens, and other contaminants present significant environmental and public health risks. Scientific research shows that elevated concentrations of nitrate in drinking water has been associated with the risk of methemoglobinemia, or "blue baby syndrome," in humans, and other human health risks. Contaminated groundwater directly threatens the health of Town residents, many of whom rely on private wells for their water supply.
(4) 
The Town lies in the contact of the Silurian bedrock and underlying Maquoketa shale. This area is characterized by a dense and universal fracture network, shallow soil surface, and little surface runoff, allowing water to easily infiltrate to the subsurface. Recharge is exceedingly rapid and carries surface contaminants to the water table. Flow within the aquifer occurs primarily along bedding plane fractures with little to no reduction of contaminants within the aquifer. This type of a geologic setting makes the area extremely vulnerable to groundwater contamination, especially for shallower private wells. Source: Presentations of UW-Oshkosh Geology Professor Dr. Maureen Muldoon and USDA Agricultural Researcher Dr. Mark Borchardt to the Town of Ledgeview Town Board, May 29, 2018, https://www.ledgeviewwisconsin.com/govenrment/departments/community- developmentbuilding-inspection/zoning-and-planning/adopted-plans-documents-maps/; Kevin Erb, Eric Ronk, Vikram Koundinya, and John Luczaj, Groundwater Quality Changes in a Karst Aquifer of Northeastern Wisconsin, USA: Reduction of Brown Water Incidence and Bacterial Contamination Resulting from Implementation of Regional Task Force Recommendations, Resources 2015, 4, 655-672; doi:10.3390/resources4030655; K. Erb and R. Stieglitz, Final Report of the Northeast Wisconsin Karst Task Force, February 9, 2007.
(5) 
Sampling results from Calumet County, an area of the state with a geology of shallow fractured bedrock similar to that in the Town, indicated that:
(a) 
Thirty-five percent of wells sampled were positive for coliform bacteria;
(b) 
4.6% of wells sampled were positive for E. coli.
(c) 
Twenty-five percent of wells sampled were above the health standard of 10 ppm for nitrate.
(d) 
Twenty-eight percent of wells sampled exhibited elevated levels of nitrate (2-10 ppm).
(e) 
Forty-seven percent of wells sampled were found to be unsafe for either bacteria or nitrate.
(f) 
Twelve percent of wells sampled were found to be unsafe for both bacteria and nitrate.
Source: K. Erb and R. Stieglitz, Final Report of the Northeast Wisconsin Karst Task Force, February 9, 2007.
(6) 
There is a rapid interconnection between surface waters and groundwater in areas with shallow fractured bedrock features such as the Town. This interconnection means that surface water contamination due to livestock waste runoff can quickly lead to groundwater contamination. Source: K. Erb and R. Stieglitz, Final Report of the Northeast Wisconsin Karst Task Force, February 9, 2007; Presentation of UW-Oshkosh Geology Professor Dr. Maureen Muldoon to the Town of Ledgeview Town Board, May 29, 2018, https://www.ledgeviewwisconsin.com/government/departments/community-developmentbuilding-inspection/zoning-and-planning/adopted-plans-documents-maps/.
(7) 
Researchers have found an association between the proximity of animal waste storage facilities such as manure lagoons and the presence of coliform bacteria (i.e., E. coli) and nitrates in drinking water. There is a significant likelihood of high nitrates and coliforms within 2,500 feet of a waste storage facility or landspreading field. The chance that a drinking water well or surface water will be contaminated does not fall below the statewide average until the distance from a waste storage facility exceeds 5,000 feet. Source: Presentation of USDA Agricultural Researcher Dr. Mark Borchardt to the Town of Ledgeview Town Board, May 29, 2018, https://www.ledgeviewwisconsin.com/government/departments/community-developmentbuilding-inspection/zoning-and-planning/adopted-plans-documents-maps.
(8) 
Researchers have concluded that one mechanism for preventing exposure to manure-borne pathogens is minimizing transport by increasing the distance between livestock and manure storage lagoons and waterways and wells. Source: Presentation of USDA Agricultural Researcher Dr. Mark Borchardt to the Town of Ledgeview Town Board, May 29, 2018, https://www.ledgeviewwisconsin.com/government/departments/community-developmentbuilding-inspection/zoning-and-planning/adopted-plans-documents-maps/.
(9) 
Setback requirements are an essential element of managing separation distance between livestock structures, neighboring residences, and groundwater wells. Source: The Report of the Livestock Facility Siting Technical Expert Committee Recommendations, December 21, 2010.
(10) 
Separation distance is an effective tool for reducing impacts on neighbors, including for odor management and water quality purposes. For purposes of odor management, odors are far less noticeable at 800 feet than they are at 400 feet. Source: Final Report On Wisconsin's Dairy And Livestock Odor And Air Emission Project, September 2009.
(11) 
The location of livestock operations also has a significant negative impact on property values. Source: John A. Kilpatrick, Concentrated Animal Feeding Operations and Proximate Property Values, Appraisal Journal, pages 301 through 306, July 1, 2001.
(12) 
Given the vulnerable geology in the Town, land use and management regulations beyond the performance standards, prohibitions, conservation practices and technical standards contained in § 281.16(3), Wis. Stats., and Ch. NR 151, Wis. Adm. Code, and regulations more stringent than state standards contained in § 93.90(2)(a), Wis. Stats., are necessary to achieve or maintain water quality standards and to protect public health and safety.
The following land uses shall be permitted accessory uses in the Farmland Preservation Zoning District:
A. 
A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use, including:
(1) 
A facility to store or process raw agricultural commodities, all of which are produced on the farm.
(2) 
A facility used to keep or house livestock on the farm if the proposed livestock housing structure meets the standards prescribed in § 93.90, Wis. Stats., and Ch. ATCP 51, Wis. Adm. Code.
(3) 
A facility used to store or process inputs primarily for agricultural uses on the farm.
(4) 
A facility used to keep or service vehicles or equipment primarily employed in agricultural uses on the farm.
B. 
An activity or business operation that is an integral part of or incidental to an agricultural use.
C. 
[1]A home business, activity, or enterprise, whether or not associated with an agricultural use, which meets all of the following requirements:
(1) 
It is conducted on a farm by an owner or operator of that farm.
(2) 
It requires no buildings, structures, or improvements other than those described in Subsection A or C of this section.
(3) 
It employs no more than four full-time employees annually.
(4) 
It does not impair or limit the current or future agricultural use of the farm or other protected farmland.
[1]
Editor's Note: Former Subsection C, regarding farm residences, was repealed 12-17-2019 by Ord. No. 2019-24. This ordinance also provided for the redesignation for former Subsections D through F as Subsections C through E, respectively.
D. 
Roadside stands for the sale of agricultural products only, provided that the structure does not cover more than 300 square feet in ground area and does not exceed 10 feet in height.
E. 
Any other use that DATCP, by rule, identifies as an accessory use, including those listed under § 135-81B(1) through (9).
[Amended 12-17-2019 by Ord. No. 2019-24]
A. 
Finding. The Town may issue a conditional use permit for the certain agricultural and agriculture-related uses for the farmstead under § 135-251 if all of the following findings of fact apply:
(1) 
The use and its location in the Farmland Preservation Zoning District are consistent with the purposes of the Farmland Preservation Zoning District.
(2) 
The use and its location in the Farmland Preservation Zoning District are reasonable and appropriate, consider alternative locations, or are specifically approved under state or federal law.
(3) 
The use is reasonably designed to minimize conversion of land, at and around the use site, from agricultural use or open space use.
(4) 
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
(5) 
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
B. 
The Town may issue a conditional use permit for any of the following uses if that use meets applicable provisions under Subsection A and § 135-251:
(1) 
Additional second farm residence.
(2) 
Riding stables and/or equine boarding facilities in accordance with § 91.01(1), Wis. Stats.
(3) 
Farmstead food processing facilities in accordance with § 91.01(1), Wis. Stats.
(4) 
Farmstead retail outlets in accordance with § 91.01(1), Wis. Stats.
(5) 
Farmstead fuel or agrichemical storage facilities in accordance with § 91.01(1), Wis. Stats.
(6) 
Farmstead manure digester, pelletizing plant or other facility that processes raw agricultural commodities, agricultural by-products or agricultural wastes to produce bulk fuel or other bulk products for use on the farmstead.
(7) 
A wind turbine or solar energy facility that collects wind or solar energy on the farm and uses or transforms it to provide energy for use only on the farmstead.
(8) 
A manure digester, biofuel facility, or other facility that produces energy primarily from materials grown or produced on the farm for use only on the farmstead.
(9) 
A waste storage facility used to store or process animal waste produced solely from livestock kept on the farmstead if the proposed facility meets the standards prescribed in Ch. ATCP 51, Wis. Adm. Code.
(10) 
Agronomic or veterinary services to agriculture operations.
(11) 
Transportation uses, including rail facilities, and agricultural aeronautic facilities.
(12) 
Communication uses, including cell towers, antennas and broadcast towers in accordance with Chapter 135, Article XXV.
(13) 
Man-made bodies of water in accordance with Article XXIV.
(14) 
Public utility installation on Town property or right-of-way.
(15) 
Government and nonprofit community conditional uses include:
(a) 
Fire stations, police stations, post offices, and other government administration buildings.
(b) 
Schools, colleges, and universities.
(c) 
Religious institutions, including cemeteries and mausoleums.
(d) 
Public parks and recreation areas.
(16) 
Distribution lines, telephone and cable television lines and public utility installations, public streets, street rights-of-way and street improvements to the service area unless otherwise regulated by § 91.44(1)(f), Wis. Stats.
(17) 
Nonfarm residences that qualify under § 91.46(1)(d), Wis. Stats.
(18) 
Nonfarm residences constructed in a rural residential cluster in accordance with an approval of the cluster as a conditional use under § 91.46(1)(e), Wis. Stats.
(19) 
A new or expanded facility that will be used to keep cattle, swine, poultry, sheep or goats, and that will have more than 500 animal units, if the proposed facility meets the standards prescribed in §§ 92.16 and 93.90, Wis. Stats., Ch. ATCP 51, Wis. Adm. Code, and § 135-85 of the Town of Ledgeview Zoning Code.
A. 
Except as provided in Subsection B below, the Town may not rezone land out of a Farmland Preservation Zoning District unless the Town finds all of the following in writing, after public hearing, as part of the official record of the rezoning, before granting the rezone:
(1) 
The rezoned land is better suited for a use not allowed in the Farmland Preservation Zoning District.
(2) 
The rezoning is consistent with any Comprehensive Plan, adopted by the Town, which is in effect at the time of the rezoning.
(3) 
The rezoning is substantially consistent with the Brown County Farmland Preservation Plan, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning, unless the Town requests that the Brown County Farmland Preservation Plan be amended to conform to the rezoning.
(4) 
The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.
B. 
Subsection A does not apply to any of the following:
(1) 
A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under Ch. 91, Wis. Stats.
(2) 
A rezoning that makes the Farmland Preservation Zoning Ordinance Map more consistent with the Brown County Farmland Preservation Plan Map, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.
Parcel requirements shall be as follows:
A. 
Area: minimum 35 aggregate acres controlled by the property owner, family, or trust.
B. 
Zoning lot frontage: 150 feet minimum.
C. 
Lot width: 150 feet minimum.
The following setbacks shall be applied to improvements:
A. 
Principal structure.
(1) 
Setback from property lines. The principal structure must be located a minimum of 25 feet from side and rear property lines.
(2) 
Setback from public right-of-way. The front setback for a principal structure must be a minimum of 35 feet from the public right-of-way. On a corner lot, the side setback must be a minimum of 50 feet from the public right-of-way.
B. 
Accessory structures.
(1) 
Setback from property lines. All accessory structures must be located a minimum of 25 feet from side and rear property lines.
(2) 
Setback from public right-of-way. The front setback for all accessory structures must be a minimum of 35 feet from the public right-of-way. On a corner lot, the side setback must be a minimum of 50 feet from the public right-of-way.
C. 
Livestock housing structures.
(1) 
Setback from property lines. Livestock housing structures may not be located within:
(a) 
400 feet of any property line, if the livestock facility will have fewer than 1,000 animal units (<1,000 AU).
(b) 
700 feet of any property line if the livestock facility will have 1,000 to 2,500 animal units (1,000 - 2,500 AU).
(c) 
1,000 feet of any property line, if the livestock facility will have 2,500 to 4,000 animal units (2,500 - 4,000 AU).
(d) 
1,200 feet of any property line, if the livestock facility will have more than 4,000 animal units (>4,000 AU).
D. 
Manure or animal waste storage facilities.
(1) 
A new or expanded animal waste storage facility or structure may not be located within 1,320 feet of any property line, if the livestock facility will have more than 500 animal units (>500 AU). The animal waste storage structure setback requirement does not prevent the continued use of an animal waste storage structure that was located within the setback area prior to the effective date of the setback requirement.
E. 
Contaminated runoff storage facilities.
(1) 
A new or expanded facility, structure, or container designed to store contaminated runoff, including leachate, may not be located within 1,320 feet of any property line, if the livestock facility will have more than 500 animal units (>500 AU).
The minimum size of a residential dwelling shall be 1,200 square feet ground floor area for a one-story dwelling and 875 square feet minimum ground floor area with a total minimum 1,400 square feet for dwellings having more than one story.
Parking shall conform to the requirements as set forth in Article XXI, Off-Street Parking Requirements.
A. 
The Town shall, by March 1 of each year, provide a report to DATCP of the number of acres that have been rezoned out of the Farmland Preservation Zoning District under § 135-82 during the previous year and a map that clearly shows the location of those acres.
B. 
The Town shall, by March 1 of each year, submit a copy of the information that it reports to DATCP under Subsection A to Brown County.
A. 
Existing nonconforming residences located in the Agricultural-Farmland Preservation District at the time of passage of this chapter may be continued in residential use and may be exempted from any limitations imposed or authorized under § 59.69(10), Wis. Stats.
B. 
Other structures or buildings allowed within the AG-FP District shall meet the requirements of the district and remaining articles of this chapter as determined by the Town Zoning Administrator or designee. Buildings shall be maintained structurally and kept in good repair. Outside appearance shall be maintained in accordance with originally approved appearance and design.
[Amended 5-17-2022 by Ord. No. 2022-10]
C. 
The livestock facility siting standards established in Ch. ATCP 51, Wis. Adm. Code, including all appendixes, worksheets, and any future amendments to that chapter, are incorporated by reference and adopted. A new or expanded facility that will be used to keep cattle, swine, poultry, sheep or goats, and that will have more than 500 animal units must complete the application form and worksheets prescribed by Ch. ATCP 51, Wis. Adm. Code. A nonrefundable application fee of $1,000 must accompany the application.