HomeMy WebLinkAboutOrdinance 2013 (826)
Ordinance No. 826 (2013)
AN ORDINANCE AMENDING, REPEALING AND
REENACTING PORTIONS OF CHAPTER 17- ZONING
AGRICULTURAL DISTRICTS AND AMENDING
TERMINOLOGY IN CHAPTER 14 OF THE ST. CROIX
COUNTY CODE OF ORDINANCES
1 WHEREAS, Wisconsin's Farmland Preservation Program, Chapter 91 of Wisconsin State
2 Statutes was repealed and recreated under 2009 Wis Act 28; and
3 WHEREAS, Wisconsin's recreated Chapter 91 requires all counties to update their farmland
4 preservation plans and farmland preservation zoning to meet the new requirements; and
5 WHEREAS, St. Croix County's Farmland Preservation Plan was adopted by the County Board of
6 Supervisors and certified by the Department of Agriculture, Trade, and Consumer Protection; and
7 WHEREAS, Chapter 17 - Zoning of the St. Croix County Code of Ordinances must reflect the
8 policies set forth in the certified Farmland Preservation Plan and County Comprehensive Plan, and
9 comply with the new Ch. 91 of the Wisconsin Statutes;
10 WHEREAS, the term "Special Exception" implies a unique or rare circumstance while
11 "Conditional Use" is a widely accepted term that better meets the intent of the definition; and
12 WHEREAS, the "Agricultural-Residential" zoning district will be renamed to "Rural Residential"
13 to best align with the expanding development of rural, large-lot residential subdivisions locating within
14 the unincorporated "Agricultural-Residential" areas of the county.
15 THEREFORE, THE St. Croix County Board of Supervisors does ordain as follows:
16 • St. Croix County Code of Ordinances Chapter 17, Subchapter I, subsection 17.09 Definitions are
17 amended as attached hereto, and inserted alphabetically and numbered numerically.
18 • Chapter 17, Subchapter II, subsections 17.14, Agricultural District, and 17.145, Agricultural II
19 District are hereby repealed and reenacted as Chapter 17, Subchapter II, subsections 17.14, AG-1
20 Agricultural District and 17.145, AG-2 Agricultural 2 District.
21 • Chapter 17, Subchapter VII, subsection 17.72(2)(h), "Special Provisions Applicable to
22 Amendments to the Zoning Map Removing Lands from the Amended Agricultural District," is
23 amended as attached hereto.
24 • Throughout Chapter 14 and Chapter 17, any references to "Special Exception(s)" are hereby
25 replaced with "Conditional Use(s)".
26 • Throughout Chapter 14 and Chapter 17, any references to "Agricultural Residential" are hereby
27 replaced with "Rural Residential".
28 • References throughout Chapters 14 and 17 to Chapter 17, subsections 17.09, 17.14, and 17.145
29 are replaced and renumbered as needed to refer to the correct citation.
Sponsored By: Community Development Committee on September 19, 2013
Legal - Fiscal - Administrative Approvals:
Legal Note: None
Fiscal Impact: None
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SL Croix County Board of Supervisors Action:
Roll Call - Vote Requirement - Majority of Supervisors Present
RESULT: ENACTED [15 TO 1]
MOVER: Agnes Ring, Supervisor
SECONDER: Travis Schachtner, Supervisor
AYES: Travis Schachtner, Agnes Ring, Tim Hood, Daryl Standafer, Buck Malick, Chris Kilber, Richard Ottino, Dave
Ostness, Roger Larson, Ron Kiesler, Andy Brinkman, David Peterson, Joe Hurtgen, Duane Russett, William Peavey
NAYS: Fred Horne
ABSENT: Fred Yoerg, Tom Hawksford, Brian Hurtgen
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on October 1, 2013
Cindy Campbell, County Clerk
17.09 New Definitions:
1. Agricultural Use: Any of the following activities conducted for the purpose of an income
or livelihood: crop or forage production, keeping livestock, beekeeping, wholesale nursery,
sod or Christmas Tree production, floriculture, aquaculture, fur farming, forest
management, or enrolling land in a federal agricultural commodity payment program or a
federal or state agricultural land conservation payment program.
2. Agricultural Accessory Use: A use that is incidental to and customarily associated with an
agricultural use of property. To be deemed incidental, a use must not be the primary use of
the property but is one that is minor in significance to the primary use and which has a
reasonable relationship to the primary use. To be deemed customary, a use must be
commonly and by long practice established as being reasonably associated with the
primary agricultural use. Additionally, an accessory use, whether or not associated with an
agricultural use, that is conducted by the owner or operator of a farm that requires no
buildings, structures or improvements other than those defined as being Accessory
Structures and that employs no more than 4 full-time employees annually and does not
impair or limit the current or future agricultural use of the farm or of other protected
farmland on which it is situated. This includes seasonal "you-pick" and road side stands.
The uses defined within this section are solely applicable to state certified zoning districts,
AG-1 and AG-2.
3. Agricultural Related Use. A facility, whether or not located on a farm, that has at least
one of the following as a primary, and not merely incidental, purpose: (a) Providing
agricultural supplies, agricultural equipment, agricultural inputs or agricultural services
directly to farms, including farms in the farmland preservation zoning district. (b) Storing,
processing or handling raw agricultural commodities obtained directly from farms,
including farms in the farmland preservation zoning district. (c) Processing agricultural by-
products or wastes received directly from farms, including farms in the farmland
preservation district. The uses defined within this section are solely applicable to state
certified zoning districts, AG-land AG-2.
4. Agricultural Accessory Building or Structure: Any building or structure that performs
an incidental function in support of the primary agricultural use of property and which is
customarily associated with the primary agricultural use of the property.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 1
5. Agricultural entertainment. A farm based enterprise or business that combines the
elements and characteristics of agriculture and tourism. Agricultural Entertainment
includes a wide array of farm and farm-related activities, including outdoor recreation
(nature based tourism, fishing, hunting, wildlife study, horseback riding); educational
experiences (day camps, hands-on chores, cannery tours, cooking classes, wine tasting, on-
farm museums); entertainment (harvest festivals, barn dances, "petting" farms); and
hospitality services (weddings, overnight farm or ranch stays, guided tours, on-farm direct
sales, and farmers markets). The uses defined within this section are solely applicable to
state certified zoning districts, AG-land AG-2.
6. Farm: All contiguous land under common ownership that is over 50% devoted to
agricultural use per the St. Croix County's tax assessment records.
7. Farm Residence: A single family residence that is the only residential structure on the
farm.
8. Prime Farmland: Land identified within the county's certified farmland preservation plan
as having Land Evaluation Scores (LESA) greater than 66 points.
9. Protected Farmland: Lands that are considered to be any of the following: located in a
farmland preservation zoning district as certified under ch. 91, Wis. Stats, covered by a
farmland preservation agreement under ch. 91, Wis. Stats, covered by an agricultural
conservation easement under s. 93.73, Wis. Stats, or otherwise legally protected from
nonagricultural development.
10. Quarter-Quarter (1/4-1/4): A federal subdivision of a Public Land Survey System Section,
commonly known as a "forty." A Quarter-Quarter (1/4-1/4) is nominally 40 acres.
40 acres - 160 s ms
NW 114 NE1/4.
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SW 1/4 SE 1f4
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SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 2
17.14 AG-1 AGRICULTURAL DISTRICT
A. Purpose and Applicability
1. Statement of Purpose. The AG-1 District is designed to fulfill the following
obj ectives:
a. Provide for a wide range of traditional agricultural and agricultural
accessory uses at various scales and to accommodate, as permitted uses,
all activities typically associated with the primary production and
harvesting of crops, livestock, animal products or plant materials,
recognizing that such uses may involve noise, dust, odor, use of heavy
equipment and chemicals and long hours of operation.
b. Conditionally allowing for incidental processing, packaging, storage,
transportation, distribution and other activities intended to add value to
agricultural products produced on premises or to ready such products for
market, given the potential that such uses may pose for conflicts with
agricultural uses due to volumes or speed of vehicular traffic, or in light of
existing residential density, proximity to incompatible uses, environmental
impacts or degradation of or loss of agriculturally productive lands.
c. Allowance for other incidental activities, compatible with agricultural uses
as a supplement to family income and supportive of the agricultural
community.
d. Provision of additional economic opportunities for property owners that
are generally compatible with agricultural uses, such as the establishment
of new small-scale farming operations, including market gardens, roadside
produce stands, pick-your-own operations or community supported
agricultural farms.
e. Location of new farm residences in a manner that will minimize impacts
on roads, soils and existing agricultural land uses.
f. Preservation of remnant parcels of productive agricultural land following
development of adjoining properties.
g. Preservation of land for production of food and fiber.
h. Preservation of productive farms by preventing land use conflicts between
incompatible users.
i. Maintenance of a viable agricultural land base to support agricultural
processing and service industries.
j. Reduction of costs associated with the provision of governmental services
to non-agricultural parcels scattered among agricultural lands.
k. Pacing and shaping of urban growth.
1. Meeting of the criteria for certification of this district as a Farmland
Preservation Zoning District under §91.38, Wis. Stats.
2. Lands to be included in the AG-1 District. This District is generally intended to
apply to productive farm operation lands, including lands that have historically
exhibited good crop yields or are capable of such yields; lands which have been
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 3
demonstrated to be productive for dairying, livestock raising and grazing; or other
lands that are integral parts of such farm operations; land used of the production
of specialty crops such as sod, fruits and vegetables; lands which are capable of
productive use through economically feasible improvements such as irrigation;
and lands consisting of undeveloped natural resource and open space areas.
B. Permitted Uses
1. Agricultural Uses, including, but not limited to, production and harvesting of
crops, livestock, animal products and plant materials.
2. Agricultural Accessory Uses, except for those listed as conditional uses under C.,
below, which accessory uses shall be subordinate to a Primary Agricultural Use
and cannot be engaged in the absent the existence of a Primary Agricultural Use
actively maintained on the same parcel of land. Determination of the existence of
a Primary Agricultural Use shall be made upon review of the most recent tax
assessment records for the parcel, demonstrating that more than 50% of a
contiguous farm is assessed as agricultural under §70.32(2)(a), Wis. Stats.
3. Any residence lawfully existing as of the effective date of this chapter may be
continued in residential use and may be exempted from any limitations imposed
or authorized under Wisconsin's non-conformities statue 59.69(10) provided they
remain residential and meet zoning standards, and all other county ordinance
requirements.
4. The rental of principal or secondary residences in existence on a farm as of the
effective date of this section and no longer utilized in the operation of the farm.
5. Minor Home Occupations pursuant to § 17.155 which do not impair or limit
current or future agricultural use of the farm on which they are performed and
which do not engage or employ any persons other than the residents of the
principal residence located on the farm.
6. Agricultural Entertainment Activities not to exceed 15 calendar days per each 12
months in succession, which may include the incidental preparation and sale of
beverages and food. For all such activities planned for or anticipated to have
attendance of more than 100 persons during a 24 hour period, an event plan
adequately addressing parking, proposed days and hours of operation, ingress and
egress permit as determined by appropriate road jurisdiction, sanitation, signage,
solid waste management, and other public safety issues shall be filed and
approved with a land use permit from the zoning administrator. The applicant
shall file the approved land use permit with the appropriate town clerk, servicing
fire department, emergency medical service provider, St. Croix Sheriff's
Department and any local law enforcement agency for such agricultural
entertainment activities, at least 30 days prior to the start of any agricultural
entertainment activities in each calendar year.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 4
7. Seasonal storage for compensation of recreational equipment and motor vehicles
owned by persons other than those persons residing on the premises, but only if
fully enclosed in an agricultural accessory structure and complying with Chapter
91 Farmland Preservation standards. This shall not include the storage of a
dealer's inventory.
8. Farm-related exhibitions, sales or events, including auctions, dairy breakfasts,
exhibitions of farm machinery and technology, agricultural association meetings
and similar activities but not to exceed 5 calendar days per calendar year.
9. Undeveloped natural resource and open space land uses.
10. Transportation-related, utility, electrical transmission, pipeline, communication or
other transmission facilities that are either (a) required by state or federal law to
be located in a specific site that in the AG-1 District; or (b) is authorized to be
located in a specific site under state, federal or local laws or regulations that
expressly exempt its location from the requirement of obtaining a conditional use
permit under this section.
11. One (1) single family farm residence based on a density of one (1) lot per 1/4-1/4,
sited in compliance with the County and town subdivision regulations. The
Community Development Department shall determine allowable farm divisions
so as to ensure that farms existing as of the effective date of this section shall not
be divided in such a manner after the effective date so as to create in excess of the
allowable number of lots per 1/4 - 1/4. Remaining acreage of a farm not
constituting a full 1/4 - 1/4 shall be divided by 40 for parcels zoned AG-1 with the
resulting quotient used to determine the number of additional residential units to
be allowed, with fractions rounded down to whole numbers.
12. Livestock facilities that do not exceed one (1) animal unit per acre of land suitable
for animal waste utilization or less than 500 animal units, without the requirement
of a land use permit, subject to compliance with the following minimum
requirements:
a. Wis. Adm. Code Ch. NR 243, Animal Feeding Operations;
b. Wis. Adm. Code Ch. NR 151, Runoff Management;
C. Ch. 11, St Croix County Code of Ordinances, Animal Waste Storage
Facilities;
d. Natural Resources Conservation Service (MRCS) Conservation Practice
Standard Code 590, Nutrient Management.
13. Livestock facilities that exceed one (1) animal unit per acre of land suitable for
animal waste utilization or livestock facilities of 500 animal units or more but
only with a land use permit, if all of the following minimum requirements are
met:
a. Wis. Adm. Code Ch. ATCP 151, Livestock Facility Siting;
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 5
b. Wis. Adm. Code Ch. NR 243, Animal Feeding Operations;
C. Wis. Adm. Code Ch. NR 151, Runoff Management;
d. Ch. 11, St Croix County Code of Ordinances, Animal Waste Storage
Facilities;
e. Natural Resources Conservation Service (MRCS) Conservation Practice
Standard Code 590, Nutrient Management.
C. Conditional Uses
1. Agricultural Accessory Uses which meet the definition of agricultural accessory
use under § 17.09(6), further limited to the following described uses:
a. A business, activity or enterprise, whether or not associated with an
agricultural use, that is conducted by the owner or operator of a farm, that
requires no buildings, structures or improvements other than those
described in § 17.09(6)(a) and that employ no more than four (4) full time
employees annually and that does not impair or limit the current or future
agricultural use of the farm or other protected farmland.
b. Sale of processed or preserved agricultural products and produce.
C. Sale of agricultural and dairy products not produced on the premises and
incidental sale of non-alcoholic beverages and snacks.
d. Farm related exhibitions, sales or events such as auctions, dairy breakfasts,
exhibitions of farm machinery and technology, agricultural association
meetings and similar activities, occurring on more than five (5) days in a
calendar year. For events of this type anticipated to have attendance of
more than 100 persons at any one time during a day, an event plan
addressing parking, proposed days of operation, ingress and egress,
sanitation and other public safety issues shall be filed with and approved
annually by issuance of a land use permit by the Zoning Administrator.
The applicant shall file the approved land use permit with the appropriate
town clerk, fire department, emergency medical provided, the St Croix
County Sheriff's Department and any other local law enforcement agency
that has responsibility for providing police protection services for such
agricultural entertainment activities, at least thirty (30) days prior to the
start of any such activities in each calendar year.
e. Agricultural Entertainment Activities which exceed fifteen (15) days in
the aggregate annually.
f. Commercial horse boarding stables, riding stables, hay and sleigh riding,
and horse training facilities, including the sale of bridles, saddles,
grooming supplies and related items at a horse boarding or riding stable
facility.
2. Governmental, institutional, religious or nonprofit community uses.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 6
3. Transportation, communications, utility or drainage uses not fitting under B.10.,
above as permitted uses, subject to compliance with Ch. 17, Subchapter VIII.
4. Asphalt plants or ready-mix concrete plants for the production of materials to be
used in the construction or maintenance of public roads, to be limited in duration
to the project in which their products are used.
5. Small scale electric generating stations not requiring approval under §196.491,
Wis. Stats.
D. Standards for Conditional Uses in the AG-1 District. In addition to the requirements of
Subch. VII (7), the Board of Adjustment must find that the following standards are met
before approving any conditional use permit for land in the AG-1 District. -
1. The use and its location in the AG-1 District are consistent with the purposes of
the District.
2. The use and its location in the AG-1 District are reasonable and appropriate,
considering the existence, if any, of alternative locations or whether or not they
are specifically approved under applicable state or federal laws.
3. The use is reasonably designed to minimize the conversion of land at and
surrounding the location of the proposed conditional use, from agricultural or
other open space uses to other uses.
4. The use does not substantially impair or limit the current or future agricultural use
of surrounding parcels of land that are zoned for or legally restricted to
agricultural uses.
5. Construction damage to land on the same farm parcel remaining in agricultural
uses is minimized and will be repaired to the extent feasible.
6. Rural landscape and continuity of existing neighborhood shall be considered
when applying design or performance standards to a proposed conditional use.
7. Within the AG-1 District, all driveways, private roads and parking areas shall
have semi-impervious surfaces (such as 6" of 3/4" aggregate rock or limestone
screening, pea gravel, Class 5 gravel, or pervious pavers) are used as alternative
surfaces to decrease the velocity of run-off and to encourage surface infiltration,
reduce dust and be aesthetically pleasing.
8. Adequate off-street parking shall be provided and parking areas and driveways
shall be subject to treatment with dust control measures and all permanent parking
areas shall be shielded from neighboring properties.
9. No vehicles shall be parked on the County's rights of ways of adjoining roads.
10. Design of driveways and adequate sight distance to accommodate expected
volumes or traffic in accord with accepted highway engineering standards shall be
required.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 7
11. Outdoor Lighting shall be of the minimum amount needed for safety and security
and all lighting elements shall be directed downward and shielded away from
adjoining properties to avoid glare.
12. Hours of operation need to be identified and determined by the Board of
Adjustment, based upon typical seasonal working hours.
13. Sanitary facilities shall be provided in compliance with Ch. 12-Sanitary.
14. All food or beverages offered for sale or consumption on the premises shall meet
all federal, state and local regulations, subject to inspections by the St. Croix
County Public Health-Licensing and Inspections staff.
15. Compliance with state and local approvals.
E. Each conditional use permit application shall be accompanied by a sketch plan that
identifies the locations and dimensions of all structures, parking areas, existing and
proposed driveways, parking and vehicular turning areas, sanitary facilities, areas where
visitors will be permitted and restricted as well as identification of landscaping designed
to buffer adjoining residential structures and such other or further information requested
by the Board of Adjustment.
F. General Limitations Applicable to Both Permitted and Conditionally Permitted Uses in
the AG-1 District
1. Building Height Limits.
a. For buildings containing offices, sales rooms and service areas as well as
for residential buildings, the maximum height shall be two and one-half (2
V2) stories or 35 feet, whichever is the lesser.
b. For all other buildings, including, but not limited to, silos, bins, barns and
seed storage facilities, there shall be no maximum height limitation.
2. Density and Minimum Lot Area: One single-family farm residence based on a
density of one (1) lot per 1/4-1/4 with a minimum lot size of three (3) acres. After
reaching maximum density allowed, the remaining farm acreage may only be
used for the permitted and conditional uses set forth in Section B and C above,
except that no additional residential uses are allowed.
3. Setback Requirements. Buildings that are erected, altered or moved to land in the
AG-1 District shall be subject to the setbacks prescribed in 17.60(6) and
17.13(4) and (5), subject to the following express requirements imposed in the
AG-1 District:
a. Side yard setbacks on each side of buildings:
1) The aggregate width of the side yards for principal buildings shall
be not less than 25' and no single side yard shall be less than 10'
wide.
2) For lots less than eighty (80) feet in width and of record as of the
effective date of this ordinance, the aggregate width of the side
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 8
yards shall be equivalent to 3" for each foot of the lot width and no
single side yard shall be less than 40% of the aggregate width. The
buildable width of any lot shall not be reduced to less than 24'.
3) The minimum permitted side yard for an accessory building shall
be 5' provided that it is detached from the principal building.
When an accessory building is attached to the principal building, it
shall be considered to be part of the principal building and the
standards under i., shall apply.
4) To be considered to be detached, an accessory building shall be
separated from all other buildings by a minimum of 10', measured
from the edges of each roof overhang.
5) The highway setback regulations set forth in Subch. VI shall apply
to all corner lots.
b. Rear yard setbacks. There shall be a rear yard of not less than 25' in depth
for all principal buildings. Placement of accessory buildings shall require
a minimum rear yard setback of 5'.
1) To be considered detached, accessory buildings shall be separated
from all other buildings by a minimum of 10', measured from the
edges of each roof overhang.
4. Off-Street Parking. Off-street parking shall be required to the extent provided in
17.55 to 17.57.
5. Rezoning of Property in the AG-1 District to Another Zoning Classification. No
land in the AG-1 District shall be rezoned except in accordance with § 17.70(h)(3)
and §91.48, Wis. Stats.
17.145 AG-2 AGRICULTURAL- 2 DISTRICT
A. Purpose. The AG-2 District is designed to fulfill the following objectives:
1. Provide for a wide range of agricultural, agricultural accessory and agriculture-
related uses, at various scales of operation while providing for the minimum lot
area necessary to accommodate such uses. The AG-2 District accommodates uses
which are commercial or industrial in nature; are associated with agricultural
production; require a rural location due to extensive land area needs or proximity
to agricultural resources and which do not require urban services. In appearance
and operation, the permitted uses in the AG-2 District are often indistinguishable
from an active farm operation. Conditional uses in this District are clearly
commercial or industrial in nature and may involve facilities or processes that
require a remote location distant from incompatible uses, proximity to agricultural
products or suppliers and/or access to utility services or major transportation
infrastructure.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 9
2. Examples of uses in the AG-2 District include, but are not limited to, agricultural
support services, value-added or related businesses such as implement dealers,
veterinary clinics, farm machinery repair shops, agricultural sales facilities,
marketing, storage and distribution centers, plant and tree nurseries and facilities
for the processing of natural agricultural products or by-products, including fruits,
vegetables, silage or animal proteins. Such activities are characterized by: (1)
Wholesale or retail sales and outdoor storage/display of agriculture-related
equipment, inputs and products; (2) The use of parking areas, outdoor lighting and
signage appropriate to the scale of the use; (3) Small, medium or large utilitarian
structures, facilities or workshops, appropriate to the scale of the use; (4) Low to
moderate traffic volumes; and (5) Noises, odor, dust or other potential nuisances
associated with agriculture-related production or processing.
3. All uses in the AG-2 District shall meet the requirements for certification as a
Farmland Preservation Zoning District under §91.38, Wis. Stats.
B. Permitted Uses.
1. All permitted uses allowed in AG-1.
2. Agricultural accessory uses, except for those listed as conditional uses, below.
3. Agriculture related uses, except for those listed as conditional uses, below.
4. Undeveloped natural resources and open space uses.
5. One (1) single family farm residence based on a density of two (2) lots per 1/4-1/4
sited in compliance with the County and town subdivision regulations. The
Community Development Department shall determine allowable farm divisions
so as to ensure that farms existing as of the effective date of this section shall not
be divided in such a manner after the effective date so as to create in excess of the
allowable number of lots per 1/4 - 1/4. Remaining acreage of a farm not
constituting a full 1/4 - 1/4 shall be divided by 20 for parcels zoned AG-2 with the
resulting quotient used to determine the number of additional residential units to
be allowed, with fractions rounded down to whole numbers.
6. Transportation-related, utility, electrical transmission, pipeline, communication or
other transmission facilities that are either: (a) required by state or federal law to
be located in a specific site that is subject to this section; or (b) is authorized to be
located in a specific site under state, federal or local laws or regulations that
expressly exempt its location from the requirement of obtaining a conditional use
permit under this section.
C. Conditional Uses
1. All conditional uses allowed in the AG-1 District under § 17.14.
2. Agricultural accessory uses. Subject to other requirements of this ordinance, the
following uses which meet the definition of an agricultural accessory use under §
17.09(7):
a. Bed and breakfast operations in existing farm residences located on a
farm.
b. A business activity or enterprise, whether or not associated with an
agricultural use, that is conducted by the owner or operator of a farm, that
requires no buildings, structures or improvements other than those
described in § 17.09(6)(a) and that employs no more than 4 full-time
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 10
employees annually, and that does not impair or limit the current or future
agricultural use of the farm or other protected farmland.
3. Agriculture-related uses that comply with this section. However, the following
agriculture-related uses must meet the definition of an agriculture-related use
under § 17.09(7):
a. Plant or livestock genetic laboratories, agriculture-related experimental
laboratories.
b. Landscape supply or contracting businesses associated with a plant or tree
nursery.
C. Dead stock hauling services, no portion of which shall be located less than
700 feet from any lot line shared with a property on which a residence is
located.
d. Sales or storage of agricultural byproducts.
e. Stock yards and livestock auction facilities.
f. Bio-diesel and ethanol manufacturing facilities.
g. Manure processing facilities.
h. Biopower facilities for distribution, retail or wholesale sales.
4. Governmental, institutional, religious or non-profit community uses.
5. Dams, power plants, flowage areas, telephone, cable television and power
transmission towers, transmission poles and towers, including transformers,
substations, relay stations, equipment housing and other similar necessary
appurtenant facilities, radio relay towers, provided that such facilities are found to
be necessary and located so as to avoid unreasonable interference with other uses
permitted, conditionally permitted or found in the District.
6. Asphalt plants or ready-mix concrete plants for the production of materials to be
used in the construction or maintenance of public roads, to be limited, however, to
temporary plants operated only within the duration of the time period of
construction or maintenance associated with a particular road project.
7. Non-metallic mineral extraction operations that comply with Chapter 14 but only
if all of the following apply:
a. The operation complies with Subch. I of Ch. 295, Wis. Stats., and rules
promulgated under that subchapter as well as with local ordinances
adopted under §§295.13 or 295.14, Wis. Stats., applicable provisions of
this section and any requirements of the State Department of
Transportation concerning restoration of nonmetallic mineral mine sites.
b. The operation and its location in the AG-2 District are consistent with the
purposes of the district.
C. The operation and its location in the AG-2 District are reasonable and
appropriate, considering alternative locations outside of the AG-2 District
or that they are specifically approved under state or federal law.
d. The operation is reasonably designed to minimize the conversion of land
around the mine site from agricultural or open space uses to other land
uses.
e. The requirement that the owner or operator restore the mine site to
agricultural uses, consistent with a reclamation plan calling for such type
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 11
of restoration once the nonmetallic mineral mining operation has been
completed.
8. Airstrips, private or personal, subject to the following procedures and standards:
a. Each proposed airstrip owner shall file with the County Zoning
Administrator a written application for a special exception to the agricultural
zoning district in which the airstrip is to be located.
b. Each written application shall be in the names of all of the owners of the real
estate on which the proposed airstrip is to be located.
C. Each such written application shall be accompanied by the payment of the
appropriate fee.
C. The application shall contain the following information:
1) The names of the owners of the real estate on which the proposed
airstrip is to be constructed or located.
2) The length of the proposed airstrip.
3) The types or models of all aircraft presently owned by the applicant
and the type or model of any aircraft proposed to be purchased by the
applicant in the foreseeable future.
4) The legal description and approximate acreage of the real estate
owned by the applicant.
5) Statement indicating whether or not the proposed airstrip has been
approved by the Wisconsin Department of Transportation, Bureau of
Aeronautics, including a copy of such approval.
6) Statement by the applicant indicating whether the applicant is
proposing a personal or private airstrip.
7) Statement by the applicant indicating his actual or foreseeable
intentions concerning the usage of the airstrip in question.
8) Statement by the applicant indicating that the applicant shall be
strictly liable for any and all damage caused to any person or
property by the operation of any aircraft to or from the airstrip in
question.
9) Names and addresses of all owners of real estate which adjoins that
owned by the applicant or is located closer than 1/2 mile from each
boundary of the applicant's real estate.
d. The application shall also include as an attachment a drawing on plain white
paper at least 15"x20" in size, drawn at a scale of one inch equals 250', with
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 12
the proposed airstrip to be located at the center of the drawing containing the
following:
I) The boundaries of the real estate owned by the applicant.
2) All section lines and quarter section lines in the vicinity of the
airstrip in question.
3) The location and length of the proposed airstrip.
4) The distances from the proposed airstrip to any fixed object or
structure within 500'.
5) Indicate the heading and elevation of the proposed airstrip.
6) Indicate the location of all public roads, overhead utility lines,
waterways or other natural obstacles.
7) Indicate the names of owners of all real estate shown on the drawing.
8) Indicate the approximate location of any turkey or mink commercial
operations, or any other livestock operation, on the drawing.
9) Indicate present use of all lands shown on the drawing.
e. Attach to the application a copy of any aerial ASCS photograph of the real
estate in which the proposed airstrip is to be located.
E If approved by the Board of Adjustment, the applicant shall notify all police
agencies in the vicinity of the airstrip, together with the County Sheriff s
Department and the Central Communication Center of the existence of the
airstrip, its location and its length.
g. The applicant shall include with the application, as an attachment, proof that
he has sufficient liability insurance for any and all airplanes presently owned
by him. Should the proposed airstrip be approved by the Board of
Adjustment, all future airplanes owned by the applicant shall also be so
insured, and proof and such insurance shall be filed with the County Zoning
Office within 30 days.
h. The airstrip in question shall be located as close as possible to the center of
the real estate owned by the applicant, unless the topography of the real
estate in question is such that it would be unreasonable to locate the airstrip
in such location.
i. The airstrip shall be of sufficient length to enable safe takeoffs and landings
by any and all airplanes owned by the applicant or by airplanes that have
been approved to land at such airstrip by the applicant. The airstrip must
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 13
also be of sufficient length to be approved by the Wisconsin Department of
Transportation, Bureau of Aeronautics, and to safely and reasonably comply
with Title 14 of the Code of Federal Regulations, Ch. 1 of the Federal
Aviation Administration, §91.79, Minimum Altitude; General. (See par. 19.
of this subsection.)
j. Upon being notified by the Wisconsin Department of Transportation, Bureau
of Aeronautics, that a particular airstrip that has previously been approved by
the Board of Adjustment has been abandoned by the applicant, the County
Zoning Administrator shall notify the applicant, his successor or assigns, that
the special exception for such airstrip has been terminated and that the real
estate shall thereafter be used solely according to agricultural-residential
zoning districts and permitted uses thereunder.
1) Upon the sale, transfer, lease or other conveyance of the real estate
on which an approved airstrip is located, the new purchaser,
transferee or leasee of such real estate shall immediately file a notice
of the purchase, transfer or lease with the County Zoning
Administrator. Such notice shall contain the statement that the new
purchaser, transferee or leasee agrees to conform to and abide by
these standards. Upon receipt of such notice, the Zoning
Administrator shall inform the purchaser, transferee or leasee of
these standards.
2) All airstrips approved by the Board of Adjustment as a special
exception shall remain as grass or sod strips only and be properly
maintained for such use.
k. Upon approval of the proposed airstrip by the Board of Adjustment, the
applicant shall execute a hold harmless agreement in favor of the County,
which shall indicate that the applicant shall have sole responsibility for any
and all damage caused to any person or property by the operation of the
County approved airstrip.
1. Any complaint against a person owning an airstrip approved by the Board of
Adjustment shall be forwarded, in writing, to the District Attorney within 30
days of the occurrence of the situation giving rise to the complaint. Upon
receipt of any compliant apparently having merit, the District Attorney shall
forward the complaint to the airstrip owner within 10 days. The owner shall
have 30 days from receipt of the complaint to reply in writing. If the District
Attorney is unable to resolve the complaint in a manner satisfactory to the
parties, he shall within 10 days advise the Board of Adjustment as to the
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 14
existence of the complaint. The Board shall conduct a quasi judicial, due
process hearing within 30 days after being notified of such complaint. If,
after conclusion of the hearing, the Board decides that the complaint is
justified, it may terminate the special exception previously granted to the
airstrip in question, attach conditions to the existence of the airstrip or take
any other appropriate action against the owner of the airstrip that is
justifiable under the circumstances of the complaint. Justification is defined
as a violation of a present FAA rule or regulation, a Wisconsin Department
of Transportation, Bureau of Aeronautics, rule or regulation or a Wisconsin
Statute dealing with aeronautics, any of which must be directly related to the
actual operation of the County approved airstrip or any of the standards
under which the airstrip owner originally applied for the airstrip. If the
Board of Adjustment decides that the complaint is unjustified, it shall
dismiss the complaint with prejudice. There shall be no fee for any such
hearing.
in. These standards shall not be construed to limit the authority of the County
Board of Adjustment with respect to its review of any special exception
request from a particular applicant. The provisions of the County Zoning
code concerning the Board of Adjustment remains in effect and shall
supplement these standards where applicable.
n. Each application shall be signed by all owners of the real estate on which the
proposed airstrip is to be located, and shall furthermore be dated as of the
date on which the applicant shall file the application with the County Zoning
Administrator.
o. The Zoning Administrator shall notify the clerks of all municipalities located
on the drawing made by the applicant prior to the public hearing. Oral or
written comments may be made at the hearing by any municipal official.
p. Section 91.79, Code of Federal Regulations, Minimum safe altitudes,
ems, reads as follows:
Except when necessary for takeoff or landing, no person may operate an
aircraft below the following altitudes:
1) Anywhere. An altitude allowing, if a power unit fails, an emergency
landing without undue hazard to persons or property on the surface.
2) Over congested areas. Over any congested area of a city, town, or
settlement, or over any open air assembly of persons, an altitude of
1.000 feet above the highest obstacle within a horizontal radius of
2,000 feet of the aircraft.
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3) Over other than congested areas. An altitude of 500 feet above the
surface except over open water or sparsely populated areas. In that
case, the aircraft may not be operated closer than 500 feet to any
person, vessel, vehicle, or structure.
4) Helicopters. Helicopters may be operated at less than the minimums
prescribed in paragraph (b) or (c) of this section if the operation is
conducted without hazard to persons or property on the surface. In
addition, each person operating a helicopter shall comply with routes
or altitudes specifically prescribed for helicopters by the
Administrator.
D. Standards for Conditional Uses in the AG-2 District. In addition to the requirements of
Subch. VII(I), the Board of Adjustment must find that the following standards are met
before approving any conditional use permit for land in the AG-2 District.
1. The use and its location in the AG-2 District are consistent with the purposes of
the District.
2. The use and its location in the AG-2 District are reasonable and appropriate,
considering the existence, if any, of alternative locations or whether or not they
are specifically approved under applicable state or federal laws.
3. The use is reasonably designed to minimize the conversion of land at and
surrounding the location of the proposed conditional use, from agricultural or
other open space use to other uses.
4. The use does not substantially impair or limit the current or future agricultural use
of surrounding parcels of land that are zoned for or legally restricted to
agricultural uses.
5. Construction damage to the land on the same farm parcel remaining in
agricultural uses is minimized and will be repaired to the extent feasible.
6. Rural landscape and continuity of existing neighborhood shall be considered
when applying design or performance standards to a proposed conditional use.
7. Within the AG-2 District, all driveways, private roads and parking areas shall
have semi-impervious surfaces (such as 6" of 3/4" aggregate rock or limestone
screening, pea gravel, Class 5 gravel or pervious pavers) are used as alternative
surfaces to decrease the velocity of run-off and to encourage surface infiltration,
reduce dust and be aesthetically pleasing.
8. Adequate off street parking shall be provided and parking areas and driveways
shall be subject to treatment with dust control measures and all permanent parking
areas shall be shielded from neighboring properties.
9. No vehicles shall be parked on adjacent County road rights of ways.
10. Design of driveways with adequate sight distance to accommodate expected
volumes of traffic in accord with accepted highway engineering standards shall be
required.
11. Outdoor lighting shall be of the minimum amount needed for safety and security
and all lighting elements shall be directed downward and shielded away from
adjoining properties to avoid glare.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 16
12. Hours of operation need to be identified and determined by the Board of
Adjustment, based upon typical seasonal working hours.
13. Sanitary facilities shall be provided in compliance with Ch. 12-Sanitary.
14. All food or beverages offered for sale or consumption on the premises shall meet
all federal, state and local regulations, subject to inspections by the St. Croix
County Public Health-Licensing and Inspections staff.
15. Compliance with state and local approvals. ,
E. Each conditional use permit application shall be accompanied by a sketch plan that
identifies the locations and dimensions of all structures, parking areas, existing and
proposed driveways, parking and vehicular turning areas, sanitary facilities, areas where
visitors will be permitted and restricted as well as identification of landscaping designed
to buffer adjoining residential structures and such other or further information requested
by the Board of Adjustment.
F. General Limitations Applicable to Both Permitted and Conditionally Permitted Uses in
the AG-2 District.
1. Building Height Limits.
a. For buildings containing offices, sales rooms and service areas as well as
for residential buildings, the maximum height shall be two and one-half (2
1/2) stories or 35 feet, whichever is the lesser.
b. For all other buildings, including. but not limited to. silos, bins, barns and
seed storage facilities, there shall be no maximum height limitation.
2. Density and Minimum Lot Area. One single-family farm residence based on a
density of two (2) lots per 1/4-1/4 with a minimum lot size of three (3) acres.
After reaching maximum density allowed, the remaining farm acreage may only
be used for the permitted and conditional uses set forth in Section B and C above,
except that no additional residential uses are allowed..
3. Setback Requirements. Buildings that are erected, altered or moved to land in the
AG-2 District shall be subject to the setbacks prescribed in 17.60(6) and
17.13(4) and (5), subject to the following express requirements imposed in the
AG-2 District:
a. Side yard setbacks on each side of buildings:
1) The aggregate width of the side yards for the principal building
shall not be less than 25' and no single side yard shall be less than
10' wide. The highway setback regulations in Subch. VI shall
apply to all corner lots.
2) For lots less than eighty (80) feet wide and of record as of the
effective date of this ordinance, the aggregate width of the side
yards shall be equivalent to 3" for each foot of the lot width and no
single side yard shall be less than 40% of the aggregate width. The
buildable width of any lot shall not be reduced to less than 24'.
3) The minimum permitted side yard for an accessory building shall
be 5' provided that it is detached from the principal building.
When an accessory building is attached to the principal building, it
shall be considered to be part of the principal building and the
standards under i., shall apply.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 17
4) To be considered detached, an accessory building shall be
separated from all other buildings by a minimum of 10', measured
from the edges of each roof overhang.
5) The highway setback regulations set forth in Subch. VI shall apply
to corner lots.
b. Rear yard setbacks. There shall be a rear yard of not less than 25' in depth
for all principal buildings. Placement of accessory buildings shall require
a minimum rear yard setback of 5'.
1) To be considered detached, accessory buildings shall be separated
from all other buildings by a minimum of 10', measured from the
edges of each roof overhang.
4. Off-Street Parking. Off-street parking shall be required to the extent provided in
17.55 to 17.57.
5. Rezoning of land in the AG-2 District to another Zoning Classification. No land
in the AG-2 District shall be rezoned except in accordance with § 17.70(h)(3) and
§91.48, Wis. Stats.
Administration and Enforcement
Section 17.72 Amendments 2(h) (3)
3. Decisions on rezones of land from the Agricultural District by the Zoning Committee, the
County Board and the affected town board shall be governed by the standards of §91.48,
Wis. Stats. These standards shall be read into the record of the meeting of the Committee,
the County Board and the Town Board before votes may be taken to approve of a rezone
and either the report accompanying the County Board ordinance and the Town Board
Resolution of approval or the ordinance and resolutions themselves shall contain findings
that the rezone will meet the standards listed below:
(a) The land is better suited for a use not allowed in the Farmland Preservation Zoning
District.
(b) The rezoning is consistent with St. Croix County's Comprehensive Plan and its
respective town comprehensive plan.
(c) The rezoning is substantially consistent with the St. Croix County Farmland
Preservation Plan.
(d) The rezoning will not substantially impair or limit current or future agricultural use
of surrounding parcels of land that are zoned for or legally restricted agricultural use.
(e) There are adequate public facilities to serve the proposed and potential land use
changes that would be enabled by the rezoning.
(f) The burdens on the local governments for providing the needed services to the
proposed and potential land use changes that would be enabled by the rezoning are
reasonable.
(g) The development will not cause unreasonable air or water pollution, soil erosion, or
adversely affect natural areas of aesthetic or ecological value to the community.
SCC Agricultural Zoning Districts: Adopted 10/1/13 Page 18
(h) The soil productivity rating has been considered in the location of the area proposed
for rezoning.
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