Town of Holland, WI Zoning Districts

For the purpose of this chapter, the Town of Holland, Sheboygan County, Wisconsin, outside of the limits of incorporated villages and cities, is hereby divided into the following zoning districts, namely:

A-1	Prime Agricultural District
A-1-D	Prime Agricultural District (maximum residential development reached)
A-1-S	Prime Agricultural District - Small-Scale
A-PR	Prime Agricultural Parcel Remnants District
A-2	Agricultural District - 5-Acre Density
A-3	Agricultural Transition District
A-5	Agricultural Transition District - Small-Scale
R-1	Single-Family Residence District
R-2	Multiple-Family Residence District (not to be used after May 1, 2006)
R-4	Rural Cluster Development District (not to be used after March 1, 2010)
R-5	Residential Estate District
RCDO	Rural Cluster Development Overlay District
C-1	Resource Conservation District
P-1	Recreational Park District
P-2	Public District
B-1	Business District
M-1	Manufacturing and Industrial District
M-3	Mineral Extraction District

The boundaries of these districts are hereby established as shown on a map titled "Zoning Map for the Town of Holland, Sheboygan County, Wisconsin," which accompanies and is herewith made a part of this chapter.[1] Boundaries shall be construed to follow corporate limits; United States Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements, and railroad rights-of-way, or such lines extended; and lines identifying boundaries of natural resource areas as shown by changes in vegetation, slope, and other natural resource base features, unless otherwise noted on the Zoning Map. All notations, references, and other information shown upon said Zoning Map shall be as much a part of this chapter as if the matter and things set forth by said map were fully described herein.

[1]

Editor's Note: The Zoning Map is maintained at the Sheboygan County Planning Department office.

A.

Purpose. Farmland Preservation Zoning in the Town of Holland includes the A-1, A-1-D, A-1-S, and A-PR Districts. The purposes of FPZ are to preserve productive agricultural land for food and fiber production; preserve productive farms by preventing land use conflicts between incompatible uses and controlling public services; maintain a viable agricultural base to support agricultural processing and service industries; prevent conflicts between incompatible uses; reduce costs of providing services to scattered, nonfarm uses; pace and shape urban growth; implement the policies of the Sheboygan County Farmland Preservation Plan; and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Ch. 91, Wis. Stats. To comply with the Farmland Preservation Law, only agricultural uses and uses consistent with agricultural use (either permitted or conditional uses) are allowed. All structures and improvements shall be consistent with agricultural use.

B.

Density.

(1)

Residential density under the Town's Farmland Preservation Zoning is one residence allowed for every 20 acres of contiguous A-1 land under common ownership. A landowner with 40 vacant, contiguous A-1 acres, for example, can manage the property in a variety of ways (see the "yield" table below), but there could not be more than two residences in any development scenario for the 40 acres. This is ensured by the proper use of the non developable A-PR designation for property remnants. (No need to track the number of land divisions over time on a base farm tract.)

(2)

To determine the allowable residential yield for a particular tract of A-1 land, start with the total A-1 acreage of the tract, divide by 20, and round down to the nearest whole number. For each existing residential footprint (a duplex/two-family counts as one footprint), subtract one from the allowable yield to determine the number of new residences that can be constructed. Whenever a new residence and/or a land division is proposed, all or part of any remaining land shall be simultaneously rezoned to A-PR to prevent exceeding the density in the future. (The landowner also has the option of voluntarily making the A-PR larger than required, if desired, to lower the density.)

[Amended 4-9-2018 by Ord. No. 2-2018]

Potential Residential Yield of Various A-1 Tracts
Size/Type of A-1 Tract	Example A	Example B	Example C
40 contiguous acres with an existing residence	If no land division, then the yield remains 1 residence	Divide into 1 15-acre A-1-S lot with the existing residence, and 1 vacant 25-acre lot, of which 20 acres is A-1 and 5 acres is A-PR. Could build 1 residence on the vacant A-1 land.	Divide into 1 20-acre A-1-D lot with the existing residence and 1 vacant 20-acre A-1 lot. Could build 1 residence on the vacant A-1 land.
Vacant, contiguous 40 acres	If no land division, then the yield could stay 0 residence or become 1 residence.	Divide into 1 vacant 10-acre A-1-S lot, and 1 vacant 30-acre lot of which 20 acres is A-1 and 10-acre is A-PR. Could build 1 residence on the A-1-S lot and 1 residence on the A-1 land.	Divide into 1 vacant 5-acre A-1-S lot, 1 vacant 10-acre A-1-S lot and 1 25-acre A-PR parcel. Could build 1 residence on each A-1-S lot.
Vacant, contiguous 88 acres	If no land division, then the yield could stay 0 residence or become 1 residence	Divide into 4 20-acre A-1-D lots with 4 new residences total and 1 8-acre A-PR parcel with 0 residences	Divide into 2 10-acre A-1-S lots, 1 40-acre A-1 lot, and 1 28-acre A-PR parcel. Could build 1 residence on each A-1-S lot and 1 residence on the A-1 lot after rezoning 20 acres to A-1-D; could build 1 more residence on the remaining A-1 land if it is divided by survey from the A-1-D land.

	NOTES:
	1.	The table does not show all possible options.
	2.	Although one residence can be built on a vacant A-1-S lot, it's also possible that a lot can remain undeveloped. Regardless, once an A-1-S lot is created, one residence is subtracted from the yield calculation.
	3.	Twenty acres of A-1 land becomes A-1-D when 1) a division creates an A-1 lot with an existing residence or 2) a conditional use permit is granted for a proposed residence on A-1 land.
	4.	The date a residence was built, as well as farm or nonfarm status of a residence, is irrelevant to the calculation of yield.

C.

Reporting. By March 1 of each year, the Town shall report to DATCP and Sheboygan County the total acres rezoned out of the Town's Farmland Preservation Zoning during the preceding year and a map that clearly shows the location of those acres.

A.

Purpose. The purposes of the A-1 District are to preserve productive agricultural land for food and fiber production; preserve productive farms by preventing land use conflicts between incompatible uses and controlling public services; maintain a viable agricultural base to support agricultural processing and service industries; provide for the proper location and regulation of manufacturing, warehousing, storage, and related industrial and marketing activities that are dependent upon or are closely allied with the agricultural industry; prevent conflicts between incompatible uses; reduce costs of providing services to scattered, nonfarm uses; pace and shape urban growth; implement the policies of the Sheboygan County Farmland Preservation Plan; and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Ch. 91, Wis. Stats. To comply with the Farmland Preservation Law, only agricultural uses and uses consistent with agricultural use (either permitted or conditional uses) are allowed. All structures and improvements shall be consistent with agricultural use.

B.

Lands included. The A-1 District is generally intended to apply to lands in productive farm operations, including land historically exhibiting high crop yield or capable of such yields; lands which have been demonstrated to be productive for dairying, livestock raising, and grazing; other lands which are integral parts of such farm operations; and lands used for the production of specialty crops, such as cranberries, mint, sod, fruits, and vegetables. As a matter of policy, it is the intent of this chapter to implement the goals and objectives of the Town of Holland Comprehensive Plan regarding the preservation of productive agricultural lands.

[Amended 5-19-2020 by Ord. No. 4-2020; 2-8-2021 by Ord. No. 1-2021; 4-12-2021 by Ord. No. 3-2021]

(1)

Permitted uses. The following permitted uses are governed by § 91.44, Wis. Stats.:

(a)

One single-family dwelling existing prior to January 1, 2014, regardless of occupancy. (Note: Any such dwelling damaged or destroyed by fire, wind, or similar causes may be rebuilt as a permitted use, provided that the rebuilt dwelling occupies the same general footprint or an alternate site that, in the judgment of the Plan Commission, does not impair agricultural uses to any greater degree than the original dwelling.)

(b)

One two-family dwelling constructed prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016.

(c)

Accessory uses, meaning any of the following land uses on a farm:

[1]

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. However, any building, structure, or improvement associated with an agritourism use and/or listed in § 330-26.4E is only allowed in the A-T district.

[2]

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

[a]

Such activities or operations include but are not limited to the following:

[i]

Commercial kitchens.

[ii]

Community supported agriculture (CSA) operations.

[iii]

Farm markets/on-farm markets/farm direct marketing.

[iv]

Roadside stands, not to exceed one per tract.

[v]

U-pick operations.

[b]

However, uses that meet the definition of agritourism as defined in this chapter and/or listed in § 330-26.4E are only allowed in the A-T District.

[3]

A business, activity, or enterprise, whether or not associated with an agricultural use, that does not impair or limit current or future agricultural use and that meets the definition of a "home occupation" in § 330-9. Such uses are regulated under and must meet the requirements of Article VII. Up to four full-time employees are allowed annually, unless Article VII specifies a lesser number, in which case the more restrictive shall apply.

(d)

Agricultural uses, meaning any of the following activities conducted for the purpose of producing an income or livelihood:

[1]

Crop or forage production or storage.

[2]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are equal to or less than 1,000 animal units, on tracts equal to or greater than 20 acres in size.

[b]

Animal units, as defined in § 330-9, that are equal to one animal unit per one acre on tracts less than 20 acres in size.

[3]

Beekeeping.

[4]

Nursery, sod, or Christmas tree production.

[5]

Horticultural crop production.

Floriculture.

Aquaculture.

Fur farming.

Forest management.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(e)

Transportation, utility, communications, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.

(f)

Undeveloped natural resource and open space areas.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses. The following conditional uses are governed by § 91.46, Wis. Stats.:

(a)

One single-family dwelling built after January 1, 2014, that meets the standards below, as well as other applicable requirements in this chapter, including § 330-22E, regarding "Rezoning of A-1 required when conditional use permit issued for a new residence."

[Amended 11-8-2021 by Ord. No. 10-2021]

[1]

The location and size of the proposed residential lot and, for a new residence, the location of the residence on that residential lot, will not do any of the following:

[a]

Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a residential lot or residence.

[b]

Significantly impair or limit the current or future agricultural use of other protected farmland.

[2]

The conditional use permit shall contain a condition requiring the applicant to acknowledge in writing, in a form acceptable to the Town Attorney, that the residence is being constructed in an agricultural area and that the applicant will hold the Town harmless from any and all claims related to noise, odor or other inconveniences or problems arising from agricultural operations in the vicinity.

[3]

The conditional use application shall include a color aerial photo, no more than two years old, and of sufficient size and resolution to determine whether lands have been under agricultural use, along with a brief written statement describing how the proposed lot and/or residence will not do either of Subsection B(2)(a)[1][a] or [b] above.

[4]

Note: Any such residence damaged or destroyed by fire, wind, or similar causes may be rebuilt without a renewal of the conditional use permit, provided that the rebuilt residence occupies the same general footprint. A new conditional use permit will be required if an alternate site is desired; the alternate site must not impair agricultural uses to any greater degree than the original residence.

(b)

Residential clusters that qualify under § 91.46(3), Wis. Stats.

(c)

Agricultural uses, meaning any of the following activities conducted for the purpose of producing an income or livelihood:

[1]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are greater than 1,000 animal units, on tracts equal to or greater than 20 acres in size.

[b]

Animal units, as defined in § 330-9, that are greater than one animal unit per one acre on tracts less than 20 acres in size.

(d)

Agriculture-related uses. An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, commercial-type facility for processing agricultural wastes, or veterinarian services that primarily service livestock.

(e)

Transportation-related activities primarily serving the basic agricultural industry.

(f)

Transportation, communications, pipeline, electric transmission, utility, or drainage uses that qualify under § 91.46(4), Wis. Stats.

[1]

Airstrips, heliports, and landing fields, provided that the site area is not less than 20 acres.

(g)

Governmental, institutional, religious, or nonprofit community uses, other than uses covered by § 91.46(1)(f), Wis. Stats., that qualify under § 91.46(5), Wis. Stats.

(h)

Nonmetallic mineral extraction that qualifies under § 91.46(6), Wis. Stats.

(i)

Oil and gas exploration or production that is licensed by the Department of Natural Resources under Subchapter II of Ch. 295.

(j)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot (farm or nonfarm residence and agricultural uses).

(a)

Density: one dwelling unit per 20 gross acres.

(b)

Area: minimum twenty-acre single lot or parcel of record as evidenced by a legal document such as a deed or other legal conveyance or a certified survey map. Separate, abutting legal lots or parcels may be combined to attain the twenty-acre minimum density.

(c)

Width: minimum 225 feet of road frontage on public road.

(d)

Coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Residence (farm or nonfarm): maximum 35 feet.

(b)

Other structures: maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(c)

Silos or vertical tanks: maximum 100 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards.

(a)

Residence (farm or nonfarm):

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures:

[1]

Rear: minimum 50 feet.

[2]

Side:

[a]

Minimum 20 feet if the structure is not to be used for the housing of animals.

[b]

Minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

E.

Rezoning of A-1 required when conditional use permit issued for a new residence.

(1)

Immediately following the issuance of a conditional use permit for a new residence, 20 acres of the A-1 lot shall be rezoned to A-1-D.

(a)

A landowner may locate A-1-D on his/her property wherever the landowner wishes, as long as the residence is included within the A-1-D and meets all setbacks. The Town Plan Commission may require a plat of survey to accurately locate the district boundaries on the Town Zoning Map.

(b)

The landowner reserves the right to relocate the boundary of any A-1-D on the landowner's property at any time, subject to Subsection E(1)(a), by filing an application with the Town Clerk and paying the filing fee specified in the Town of Holland Fee Schedule. The Town Plan Commission may require a plat of survey to accurately locate the revised district boundary on the Town Zoning Map.

F.

Rezoning from A-1 to A-1-S or A-PR.

(1)

A-1-S: Rezoning land from A-1 to A-1-S is allowed at any time, as long as all other requirements of this chapter are met and if sufficient acres of A-1 land are simultaneously rezoned to A-PR such that the total acreage rezoned to A-1-S and A-PR is at least 20 acres.

[Amended 11-8-2021 by Ord. No. 10-2021]

(2)

A-PR: Rezoning land from A-1 to A-PR is allowed at any time, as long as all other requirements of this chapter are met.

G.

Rezoning A-1 land out of Farmland Preservation Zoning (FPZ).

(1)

The Town may not rezone land out of FPZ unless prior to the rezoning the Town finds all of the following in writing, after a public hearing, as part of the official record of the rezoning:

(a)

The rezoned land is better suited for a use not allowed in FPZ.

(b)

The rezoning is consistent with any comprehensive plan adopted by the Town that is in effect at the time of the rezoning.

(c)

The rezoning is substantially consistent with the Sheboygan County Farmland Preservation Plan, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.

(d)

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

H.

A-1 parcels less than 20 acres.

(1)

Any parcel zoned A-1 that is less than 20 acres may remain A-1 if it is part of an A-1 tract that is 20 acres or larger.

(2)

With the exception of Subsection H(2)(a) and (b) below, any parcel zoned A-1 that is less than 20 acres shall be rezoned to A-PR if said parcel ceases to be in common ownership with at least one contiguous A-1 parcel that together with said first parcel totals 20 acres or more.

(a)

Such A-1 parcels that include a residence shall be rezoned to A-1-S.

(b)

Such A-1 parcels that do not include a residence may be rezoned to A-1-S if sufficient acres of A-1 land elsewhere are simultaneously rezoned to A-PR such that the total acreage rezoned to A-1-S and A-PR is at least 20 acres [see § 330-22.8E(3)].

[Amended 11-8-2021 by Ord. No. 10-2021]

A.

Purpose. The A-1-D District was created to simplify the Town's administration of this chapter by enabling easy identification of A-1 lands that have had a residence built on them since the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016. The A-1-D District is intended to preserve productive agricultural land for food and fiber production; preserve productive farms by preventing land use conflicts between incompatible uses and controlling public services; maintain a viable agricultural base to support agricultural processing and service industries; prevent conflicts between incompatible uses; reduce costs of providing services to scattered, nonfarm uses; pace and shape urban growth; implement the policies of the Sheboygan County Farmland Preservation Plan; and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Ch. 91, Wis. Stats. To comply with the Farmland Preservation Law, only agricultural uses and uses consistent with agricultural use (either permitted or conditional uses) are allowed. All structures and improvements shall be consistent with agricultural use.

B.

Lands included. The A-1-D District is for lands that were previously A-1 but have reached their residential density. Identical in all other aspects to A-1, the A-1-D District is generally intended to apply to lands in productive farm operations, including land historically exhibiting high crop yield or capable of such yields; lands which have been demonstrated to be productive for dairying, livestock raising, and grazing; other lands which are integral parts of such farm operations; and lands used for the production of specialty crops, such as cranberries, mint, sod, fruits, and vegetables. As a matter of policy, it is the intent of this chapter to implement the goals and objectives of the Town of Holland Comprehensive Plan regarding the preservation of productive agricultural lands.

[Amended 5-19-2020 by Ord. No. 4-2020; 2-8-2021 by Ord. No. 1-2021; 4-12-2021 by Ord. No. 3-2021]

(1)

Permitted uses. The following permitted uses are governed by § 91.44, Wis. Stats:

(a)

One single-family dwelling existing prior to January 1, 2014, regardless of occupancy. (Note: Any such dwelling damaged or destroyed by fire, wind, or similar causes may be rebuilt as a permitted use, provided that the rebuilt dwelling occupies the same general footprint or an alternate site that, in the judgment of the Plan Commission, does not impair agricultural uses to any greater degree than the original dwelling.)

(b)

One two-family dwelling constructed prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016.

(c)

Accessory uses, meaning any of the following land uses on a farm:

[1]

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. However, any building, structure, or improvement associated with an agritourism use and/or listed in § 330-26.4E is only allowed in the A-T District.

[2]

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

[a]

Such activities or operations include but are not limited to the following:

[i]

Commercial kitchens.

[ii]

Community supported agriculture (CSA) operations.

[iii]

Farm markets/on-farm markets/farm direct marketing.

[iv]

Roadside stands, not to exceed one per tract.

[v]

U-pick operations.

[b]

However, uses that meet the definition of agritourism as defined in this chapter and/or listed in § 330-26.4E are only allowed in the A-T District.

[3]

A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm and that meets the definition of a "home occupation" in § 330-9. Such uses are regulated under and must meet the requirements of Article VII. Up to four full-time employees are allowed annually, unless Article VII specifies a lesser number, in which case the more restrictive shall apply.

(d)

Agricultural uses, meaning any of the following activities conducted for the purpose of producing an income or livelihood:

[1]

Crop or forage production or storage.

[2]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are equal to or less than 1,000 animal units, on tracts equal to or greater than 20 acres in size.

[b]

Animal units, as defined in § 330-9, that are equal to one animal unit per one acre on tracts less than 20 acres in size.

[3]

Beekeeping.

[4]

Nursery, sod, or Christmas tree production.

[5]

Horticultural crop production.

Floriculture.

Aquaculture.

Fur farming.

Forest management.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(e)

Transportation, utility, communications, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.

(f)

Undeveloped natural resource and open space areas.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses. The following conditional uses are governed by § 91.46, Wis. Stats:

(a)

One single-family dwelling built after January 1, 2014, that meets the standards below, as well as other applicable requirements in this chapter.

[Amended 11-8-2021 by Ord. No. 10-2021]

[1]

The location and size of the proposed residential lot and, for a new residence, the location of the residence on that residential lot, will not do any of the following:

[a]

Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a residential lot or residence.

[b]

Significantly impair or limit the current or future agricultural use of other protected farmland.

[2]

The conditional use permit shall contain a condition requiring the applicant to acknowledge in writing, in a form acceptable to the Town Attorney, that the residence is being constructed in an agricultural area and that the applicant will hold the Town harmless from any and all claims related to noise, odor or other inconveniences or problems arising from agricultural operations in the vicinity.

[3]

The conditional use application shall include a color aerial photo, no more than two years old, and of sufficient size and resolution to determine whether lands have been under agricultural use, along with a brief written statement describing how the proposed lot and/or residence will not do either of Subsection B(2)(a)[1][a] or [b] above.

[4]

Note: Any such residence damaged or destroyed by fire, wind, or similar causes may be rebuilt without a renewal of the conditional use permit, provided that the rebuilt residence occupies the same general footprint. A new conditional use permit will be required if an alternate site is desired; the alternate site must not impair agricultural uses to any greater degree than the original residence.

(b)

Residential clusters that qualify under § 91.46(3), Wis. Stats.

(c)

Agricultural uses, meaning any of the following activities conducted for the purpose of producing an income or livelihood:

[1]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are greater than 1,000 animal units, on tracts equal to or greater than 20 acres in size.

[b]

Animal units, as defined in § 330-9, that are greater than one animal unit per one acre on tracts less than 20 acres in size.

(d)

Agriculture related uses. An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, commercial-type facility for processing agricultural wastes, or veterinarian services that primarily service livestock.

(e)

Transportation-related activities primarily serving the basic agricultural industry.

(f)

Transportation, communications, pipeline, electric transmission, utility, or drainage uses that qualify under § 91.46(4), Wis. Stats.

[1]

Airstrips, heliports, and landing fields, provided that the site area is not less than 20 acres.

(g)

Governmental, institutional, religious, or nonprofit community uses, other than uses covered by § 91.46(1)(f), Wis. Stats., that qualify under § 91.46(5), Wis. Stats.

(h)

Nonmetallic mineral extraction that qualifies under § 91.46(6), Wis. Stats.

(i)

Oil and gas exploration or production that is licensed by the Department of Natural Resources under Subchapter II of Ch. 295.

(j)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot (farm or nonfarm residence and agricultural uses).

(a)

Density: one dwelling unit per 20 gross acres.

(b)

Area: minimum twenty-acre single lot or parcel of record as evidenced by a legal document such as a deed or other legal conveyance or a certified survey map. Separate, abutting legal lots or parcels may be combined to attain the twenty-acre minimum density.

(c)

Width: minimum 225 feet of road frontage on public road.

(d)

Coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Residence (farm or nonfarm): maximum 35 feet.

(b)

Other structures: maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(c)

Silos or vertical tanks: maximum 100 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards.

(a)

Residence (farm or nonfarm):

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures:

[1]

Rear: minimum 50 feet.

[2]

Side:

[a]

Minimum 20 feet if the structure is not to be used for the housing of animals.

[b]

Minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

E.

Delineating A-1-D land on a property.

(1)

A landowner may locate A-1-D on his/her property wherever the landowner wishes, as long as the residence is included within the A-1-D and meets all setbacks. The Town Plan Commission may require a plat of survey to accurately locate the district boundaries on the Town Zoning Map.

(2)

The landowner reserves the right to relocate the boundary of any A-1-D, subject to Subsection E(1), on the landowner's property at any time by filing an application and fee payment, as specified in the Town's Fee Schedule, for a rezoning with the Town Plan Commission Clerk. The Town Plan Commission may require a plat of survey to accurately locate the revised district boundary on the Town Zoning Map.

F.

Rezoning from A-1-D to A-1-S or A-PR.

(1)

A-1-S: Rezoning land from A-1-D to A-1-S is only allowed if the part rezoned to A-1-S includes the residence, all other requirements of this chapter are met and if sufficient acres of A-1-D land are simultaneously rezoned to A-PR such that the total acreage rezoned to A-1-S and A-PR is at least 20 acres.

[Amended 11-8-2021 by Ord. No. 10-2021]

(2)

A-PR: Rezoning land from A-1-D to A-PR is allowed at any time, as long as all other requirements of this chapter are met.

G.

Rezoning A-1-D land out of Farmland Preservation Zoning (FPZ).

(1)

Per § 91.48(1), Wis. Stats., the Town may not rezone land out of FPZ unless prior to the rezoning the Town finds all of the following in writing, after a public hearing, as part of the official record of the rezoning:

(a)

The rezoned land is better suited for a use not allowed in FPZ.

(b)

The rezoning is consistent with any comprehensive plan adopted by the Town that is in effect at the time of the rezoning.

(c)

The rezoning is substantially consistent with the Sheboygan County Farmland Preservation Plan, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.

(d)

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

A.

Purpose. The primary purposes of the A-1-S District are to maintain, preserve, and enhance agricultural lands historically utilized for crop production but are too small to be included within the A-1 District. The A-1-S District aims to implement the policies of the Sheboygan County Farmland Preservation Plan and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Ch. 91, Wis. Stats. To comply with the Farmland Preservation Law, only agricultural uses and uses consistent with agricultural use (either permitted or conditional uses) are allowed. All structures and improvements shall be consistent with agricultural use.

B.

Lands included. Lands included are those generally best suited for smaller farm uses, including truck farming, horse farming, hobby farming, orchards, niche farming, organic farming, and similar agricultural-related farming activities.

(1)

Permitted uses. The following permitted uses are governed by § 91.44, Wis. Stats:

(a)

One single-family dwelling existing prior to January 1, 2014, regardless of occupancy. (Note: Any such dwelling damaged or destroyed by fire, wind, or similar causes may be rebuilt as a permitted use, provided that the rebuilt dwelling occupies the same general footprint or an alternate site that, in the judgment of the Plan Commission, does not impair agricultural uses to any greater degree than the original dwelling.)

[Amended 2-8-2021 by Ord. No. 1-2021]

(b)

One two-family dwelling constructed prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016.

[Amended 2-8-2021 by Ord. No. 1-2021]

(c)

Accessory uses, meaning any of the following land uses on a farm:

[1]

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. However, any building, structure, or improvement associated with an agritourism use and/or listed in § 330-26.4E is only allowed in the A-T District.

[Amended 5-19-2020 by Ord. No. 4-2020]

[2]

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

[Amended 5-19-2020 by Ord. No. 4-2020]

[a]

Such activities or operations include but are not limited to the following:

[i]

Commercial kitchens.

[ii]

Community supported agriculture (CSA) operations.

[iii]

Farm markets/on-farm markets/farm direct marketing.

[iv]

Roadside stands, not to exceed one per tract.

[v]

U-pick operations.

[b]

However, uses that meet the definition of agritourism as defined in this chapter and/or listed in § 330-26.4E are only allowed in the A-T District.

[3]

A business, activity, or enterprise, whether or not associated with an agricultural use, that does not impair or limit current or future agricultural use, that is conducted by the owner or operator of a farm and that meets the definition of a "home occupation" in § 330-9. Such uses are regulated under and must meet the requirements of Article VII. Up to four full-time employees are allowed annually, unless Article VII specifies a lesser number, in which case the more restrictive shall apply.

(d)

Agricultural uses, meaning any of the following activities conducted for the purpose of producing an income or livelihood:

[1]

Crop or forage production or storage.

[2]

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

[3]

Floriculture.

[4]

Horticultural crop production.

[5]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, may not exceed one animal unit per one acre.

[Amended 4-9-2018 by Ord. No. 2-2018]

[6]

Nursery, sod, or Christmas tree production.

(e)

Transportation, utility, communications, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.

(f)

Undeveloped natural resource and open space areas.

(2)

Conditional uses. See Article VI for application, review and approval procedures for conditional uses. The following conditional uses are governed by § 91.46, Wis. Stats:

(a)

One single-family dwelling built after January 1, 2014, that meets the standards below, as well as other applicable requirements in this chapter.

[Amended 11-8-2021 by Ord. No. 10-2021]

[1]

The location and size of the proposed residential lot and, for a new residence, the location of the residence on that residential lot, will not do any of the following:

[a]

Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a residential lot or residence.

[b]

Significantly impair or limit the current or future agricultural use of other protected farmland.

[2]

The conditional use permit shall contain a condition requiring the applicant to acknowledge in writing, in a form acceptable to the Town Attorney, that the residence is being constructed in an agricultural area and that the applicant will hold the Town harmless from any and all claims related to noise, odor or other inconveniences or problems arising from agricultural operations in the vicinity.

[3]

The conditional use application shall include a color aerial photo, no more than two years old, and of sufficient size and resolution to determine whether lands have been under agricultural use, along with a brief written statement describing how the proposed lot and/or residence will not do either of Subsection B(a)[1][a] or [b] above.

[4]

Note: Any such residence damaged or destroyed by fire, wind, or similar causes may be rebuilt without a renewal of the conditional use permit, provided that the rebuilt residence occupies the same general footprint. A new conditional use permit will be required if an alternate site is desired; the alternate site must not impair agricultural uses to any greater degree than the original residence.

(b)

Residential clusters that qualify under § 91.46(3), Wis. Stats.

(c)

Agricultural uses, meaning any of the following activities conducted for the purpose of producing an income or livelihood:

Aquaculture.

Beekeeping.

Forest management.

Fur farming.

Keeping livestock:

Animal units, as defined in § 330-9, that are greater than one animal unit per one acre.

(d)

Agriculture related uses. An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, commercial-type facility for processing agricultural wastes, or veterinarian services that primarily service livestock.

(e)

Transportation-related activities primarily serving the basic agricultural industry.

(f)

Transportation, communications, pipeline, electric transmission, utility, or drainage uses that qualify under § 91.46(4), Wis. Stats.

(g)

Governmental, institutional, religious, or nonprofit community uses, other than uses covered by § 91.46(1)(f), Wis. Stats., that qualify under § 91.46(5), Wis. Stats.

(h)

Nonmetallic mineral extraction that qualifies under § 91.46(6), Wis. Stats.

(i)

Oil and gas exploration or production that is licensed by the Department of Natural Resources under Subchapter II of Ch. 295.

(j)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot.

(a)

Lot area: minimum three acres single lot or parcel of record as evidenced by a legal document, such as a deed or other legal conveyance or a certified survey map; maximum 19.99 acres.

(b)

Width: minimum 225 feet of road frontage on public road.

(c)

Coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Residence (farm or nonfarm): maximum 35 feet.

(b)

Other structures: maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards.

(a)

Residence (farm or nonfarm).

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet if the structure is not to be used for the housing of animals; minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

E.

Development of A-1-S lots.

(1)

Only one residence is allowed on an A-1-S lot. No additional A-1-S lots may be created out of an existing A-1-S lot, unless at the same time 20 acres of qualifying A-1 and/or A-1-S land is rezoned to A-PR. The aforesaid 20 acres may be land owned by the owner of the A-1-S lot being divided or, by private agreement, land owned by another party within the Town of Holland. [See also § 330-22.8E(3).]

(2)

To facilitate the preservation of continuous areas of protected farmland, the Town encourages the clustering of residences.

F.

Rezoning from A-1-S to A-PR.

(1)

A-PR: Rezoning land from A-1-S to A-PR is allowed at any time, as long as all other requirements of this chapter are met.

G.

Rezoning A-1-S land out of Farmland Preservation Zoning (FPZ).

(1)

Per § 91.48(1), Wis. Stats., the Town may not rezone land out of FPZ unless prior to the rezoning the Town finds all of the following in writing, after a public hearing, as part of the official record of the rezoning:

(a)

The rezoned land is better suited for a use not allowed in FPZ.

(b)

The rezoning is consistent with the Town of Holland Comprehensive Plan.

[Amended 4-12-2021 by Ord. No. 3-2021]

(c)

The rezoning is substantially consistent with the Sheboygan County Farmland Preservation Plan, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.

(d)

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

A.

Purpose. To accommodate parcel remnants that remain worthy of farmland preservation. Lands in this district are not intended to be rezoned for development, except in rare cases. The A-PR District is intended to preserve productive agricultural land for food and fiber production; preserve productive farms by preventing land use conflicts between incompatible uses and controlling public services; maintain a viable agricultural base to support agricultural processing and service industries; reduce costs of providing services to scattered, nonfarm uses; pace and shape urban growth; implement the policies of the Sheboygan County Farmland Preservation Plan; and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Ch. 91, Wis. Stats. To comply with the Farmland Preservation Law, only agricultural uses and uses consistent with agricultural use (either permitted or conditional uses) are allowed. All structures and improvements shall be consistent with agricultural use.

[Amended 4-12-2021 by Ord. No. 3-2021]

B.

Lands included. Lands included are parcel remnants that remain worthy of farmland preservation. As a matter of policy, it is the intent of this chapter to implement the goals and objectives of the Town of Holland Comprehensive Plan regarding the preservation of productive agricultural lands.

[Amended 4-12-2021 by Ord. No. 3-2021]

(1)

Permitted uses.

(a)

All permitted uses listed in the A-1 Prime Agricultural District, except that no residences are allowed.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses.

(a)

All conditional uses listed in the A-1 Prime Agricultural District, except that no residences are allowed.

C.

Area, height and yard requirements.

(1)

Lot.

(a)

Density: no dwelling units allowed.

(b)

Lot area: no minimum.

(c)

Width: 66 feet.

(d)

Coverage: No more than 50% of a lot shall be occupied by accessory buildings, patios, driveways, and other impermeable surfaces.

[Amended 4-12-2021 by Ord. No. 3-2021]

(2)

Building height: maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards.

(a)

Buildings.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet if the structure is not to be used for the housing of animals; minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

E.

Delineating A-PR land on a property.

(1)

A landowner may locate A-PR on his/her property wherever the landowner wishes, subject to the intent and restrictions of this chapter. The Town Plan Commission may require a plat of survey to accurately locate the revised district boundaries on the Town Zoning Map.

[Amended 4-12-2021 by Ord. No. 3-2021]

(2)

Subject to the intent and restrictions of this chapter, the landowner reserves the right to relocate the boundary of any A-PR on the landowner's A-1, A-1-D and/or A-1-S property at any time by filing an application and fee payment, as specified in the Town's Fee Schedule, for rezoning with the Town Plan Commission Clerk. The Town Plan Commission may require a plat of survey to accurately locate the revised district boundaries on the Town Zoning Map.

[Amended 4-12-2021 by Ord. No. 3-2021]

(3)

A landowner who wishes to exceed the allowable density of his/her tract may make a private agreement with the owner of qualifying A-1 and/or A-1-S land elsewhere in the Town of Holland to allocate the required amount of such land (20 acres per proposed residence) on said second owner's tract for rezoning to A-PR. If the rezonings are approved, the residential yields on each owner's tract shall be adjusted accordingly. (Note: Said second owner and the first landowner may be the same person.) [See also § 330-22.3E(1).]

F.

Rezoning A-PR land: super-majority vote of approval required.

(1)

A-PR land may not be rezoned to any other district unless the rezoning meets the minimum standards of the proposed district and is approved by a super-majority vote of the Town Board.

G.

Rezoning A-PR land out of Farmland Preservation Zoning (FPZ).

(1)

Per § 91.48(1), Wis. Stats., the Town may not rezone land out of FPZ unless prior to the rezoning the Town finds all of the following in writing, after a public hearing, as part of the official record of the rezoning:

(a)

The rezoned land is better suited for a use not allowed in FPZ.

(b)

The rezoning is consistent with any comprehensive plan adopted by the Town that is in effect at the time of the rezoning.

(c)

The rezoning is substantially consistent with the Sheboygan County Farmland Preservation Plan, certified under Ch. 91, Wis. Stats., which is in effect at the time of the rezoning.

(d)

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

(e)

The rezoning meets the requirements of Subsection F(1).

A.

Purpose. The primary purposes of the A-2 District are to maintain, preserve, and enhance agricultural lands historically utilized for crop production but which are within the Farmland Preservation Area but are not included within the Farmland Preservation Zoning districts.

B.

Lands included. Lands included are those generally best suited for smaller farm uses, including truck farming, horse farming, hobby farming, orchards, and similar agricultural-related farming activities.

[Amended 4-9-2018 by Ord. No. 2-2018]

(1)

Permitted uses.

(a)

One single-family dwelling constructed prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016.

[Amended 2-8-2021 by Ord. No. 1-2021]

(b)

One two-family dwelling constructed prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016.

[Amended 2-8-2021 by Ord. No. 1-2021]

(c)

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. However, any building, structure, or improvement associated with an agritourism use and/or listed in § 330-26.4E is only allowed in the A-T District.

[Amended 5-19-2020 by Ord. No. 4-2020]

(d)

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

[Amended 5-19-2020 by Ord. No. 4-2020]

[1]

Such activities or operations include but are not limited to the following:

[a]

Commercial kitchens.

[b]

Community supported agriculture (CSA) operations.

[c]

Farm markets/on-farm markets/farm direct marketing.

[d]

Roadside stands, not to exceed one per tract.

[e]

U-pick operations.

[2]

However, uses that meet the definition of agritourism as defined in this chapter and/or listed in § 330-26.4E are only allowed in the A-T District.

(e)

A business, activity, or enterprise, whether or not associated with an agricultural use, that does not impair or limit the current or future agricultural use, and that meets the definition of a home occupation in § 330-9. Such uses are regulated under and must meet the requirements of Article VII. Up to four full-time employees are allowed annually, unless Article VII specifies a lesser number, in which case the more restrictive shall apply.

(f)

Crop or forage production.

(g)

Keeping livestock:

[1]

Animal units, as defined in § 330-9, may not exceed one animal unit per acre.

(h)

Nursery, sod, or Christmas tree production.

(i)

Horticultural crop production.

(j)

Floriculture.

(k)

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(l)

Veterinarian services.

(m)

Transportation, utility, communications, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.

(n)

Undeveloped natural resource and open space area.

(2)

Conditional uses. See Article VI for application, review and approval procedures for conditional uses.

(a)

One single-family dwelling built after December 12, 2016, that meets the standards below, as well as other applicable requirements in this chapter.

[Amended 11-8-2021 by Ord. No. 10-2021]

[1]

The location and size of the proposed residential lot and, for a new residence, the location of the residence on that residential lot, will not do any of the following:

[a]

Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a residential lot or residence.

[b]

Significantly impair or limit the current or future agricultural use of other protected farmland.

[2]

The conditional use permit shall contain a condition requiring the applicant to acknowledge, in writing, in a form acceptable to the Town Attorney, that the residence is being constructed in an agricultural area and that the applicant will hold the Town harmless from any and all claims related to noise, odor or other inconveniences or problems arising from agricultural operations in the vicinity.

[3]

The conditional use application shall include a color aerial photo, no more than two years old, and of sufficient size and resolution to determine whether lands have been under agricultural use, along with a brief written statement describing how the proposed lot and/or residence will not do either of Subsection B(2)(a)[1][a] or [b] above.

[4]

Note: Any such residence damaged or destroyed by fire, wind, or similar causes may be rebuilt without a renewal of the conditional use permit, provided that the rebuilt residence occupies the same general footprint. A new conditional use permit will be required if an alternate site is desired; the alternate site must not impair agricultural uses to any greater degree than the original residence.

Beekeeping.

Aquaculture.

Fur farming.

Forest management.

Keeping livestock:

Animal units, as defined in § 330-9, that are greater than one animal unit per acre.

(g)

Airports, airstrips, heliports, and landing fields, provided that the site area is not less than 20 acres.

(h)

Antennas and communications towers.

(i)

Commercial egg production.

(j)

Landscape and supply operations. Said request shall comply with the provisions of Article VIII of this chapter.

(k)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot.

(a)

Any A-2 lot existing as of the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016, shall be considered conforming with respect to minimum lot size and width. Any lots created after that date and zoned A-2 must meet the current chapter standards.

[Amended 4-9-2018 by Ord. No. 2-2018]

(b)

Lot area: minimum five-acre single lot or parcel of record as evidenced by a legal document, such as a deed or other legal conveyance or a certified survey map. Separate, abutting legal lots or parcels may be combined to attain the five-acre minimum density.

[Amended 4-9-2018 by Ord. No. 2-2018]

(c)

Width: minimum 225 feet of road frontage on public road.

(d)

Coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Farm residence: maximum 35 feet.

(b)

Other structures: maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards.

(a)

Farm residence.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet if the structure is not to be used for the housing of animals; minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The primary purposes of the A-3 District are to provide for the orderly transition of agricultural land into other nonagricultural uses, if so desired by the landowner; defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost; ensure that urban development is compatible with local land use policies; and provide periodic review to determine whether all or part of the land should be transferred to another zoning district.

B.

Lands included. The A-3 District is generally intended to apply to land located adjacent to incorporated municipalities or urbanized areas where such lands are predominantly in agricultural or related open space uses.

(1)

Permitted uses.

[Amended 4-9-2018 by Ord. No. 2-2018]

(a)

One single-family dwelling, regardless of construction date.

[Amended 2-8-2021 by Ord. No. 1-2021]

(b)

One two-family dwelling constructed prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016.

[Amended 2-8-2021 by Ord. No. 1-2021]

(c)

Residences constructed within a rural residential cluster.

(d)

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. However, any building, structure, or improvement associated with an agritourism use and/or listed in § 330-26.4E is only allowed in the A-T District.

[Amended 5-19-2020 by Ord. No. 4-2020]

(e)

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

[Amended 5-19-2020 by Ord. No. 4-2020]

[1]

Such activities or operations include but are not limited to the following:

[a]

Commercial kitchens.

[b]

Community supported agriculture (CSA) operations.

[c]

Farm markets/on-farm markets/farm direct marketing.

[d]

Roadside stands, not to exceed one per tract.

[e]

U-pick operations.

[2]

However, uses that meet the definition of agritourism as defined in this chapter and/or listed in § 330-26.4E are only allowed in the A-T District.

(f)

A business, activity, or enterprise, whether or not associated with an agricultural use, that meets the definition of a home occupation in § 330-9. Such uses are regulated under and must meet the requirements of Article VII.

(g)

Crop or forage production.

(h)

Keeping livestock:

[1]

Animal units, as defined in § 330-9, that are equal to one animal unit per one acre.

(i)

Beekeeping.

(j)

Nursery, sod, or Christmas tree production.

(k)

Horticultural crop production.

Floriculture.

Aquaculture.

Fur farming.

Forest management.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(q)

Transportation, utility, communications, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.

(r)

Undeveloped natural resource and open space areas.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses.

(a)

Agriculture-related uses. An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.

(b)

Airstrips, heliports, and landing fields.

(c)

Antennas and communications towers.

(d)

Transportation-related activities primarily serving the basic agricultural industry.

(e)

Veterinarian services.

(f)

Keeping livestock:

[1]

Animal units, as defined in § 330-9, that are greater than one animal unit per one acre.

(g)

Transportation, communications, pipeline, electric transmission, utility, or drainage uses.

(h)

Governmental, institutional, religious, or nonprofit community uses.

(i)

Oil and gas exploration or production that is licensed by the Department of Natural Resources under Subchapter II of Ch. 295.

(j)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot (residence and agricultural uses).

(a)

Density: one dwelling unit per 20 gross acres.

(b)

Area: minimum twenty-acre single lot or parcel of record as evidenced by a legal document such as a deed or other legal conveyance or a certified survey map. Separate, abutting legal lots or parcels may be combined to attain the twenty-acre minimum density.

(c)

Width: minimum 225 feet of road frontage on a public road.

(d)

Coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Residence: maximum 35 feet.

(b)

Other structures: maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards.

(a)

Residence.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet if the structure is not to be used for the housing of animals; minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The primary purposes of the A-5 District are to provide for the orderly transition of small parcels of agricultural land into other nonagricultural uses, if so desired by the landowner; defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost; ensure that urban development is compatible with local land use policies; and provide periodic review to determine whether all or part of the land should be transferred to another zoning district.

B.

Lands included. The A-5 District is intended to apply to lands generally best suited for smaller farm uses, including truck farming, horse farming, hobby farming, orchards, and similar agricultural-related activities.

[Amended 4-9-2018 by Ord. No. 2-2018]

(1)

Permitted uses.

(a)

One single-family dwelling, regardless of construction date.

[Amended 2-8-2021 by Ord. No. 1-2021]

(b)

One two-family dwelling constructed prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016.

[Amended 2-8-2021 by Ord. No. 1-2021]

(c)

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. However, any building, structure, or improvement associated with an agritourism use and/or listed in § 330-26.4E is only allowed in the A-T District.

[Amended 5-19-2020 by Ord. No. 4-2020]

(d)

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

[Amended 5-19-2020 by Ord. No. 4-2020]

[1]

Such activities or operations include but are not limited to the following:

[a]

Commercial kitchens.

[b]

Community supported agriculture (CSA) operations.

[c]

Farm markets/on-farm markets/farm direct marketing.

[d]

Roadside stands, not to exceed one per tract.

[e]

U-pick operations.

[2]

However, uses that meet the definition of agritourism as defined in this chapter and/or listed in § 330-26.4E are only allowed in the A-T District.

(e)

A business, activity, or enterprise, whether or not associated with an agricultural use, that meets the definition of a "home occupation" in § 330-9. Such uses are regulated under and must meet the requirements of Article VII.

(f)

Crop or forage production.

(g)

Keeping livestock:

[1]

Animal units, as defined in § 330-9, that are equal to one animal unit per one acre.

(h)

Nursery, sod, or Christmas tree production.

(i)

Floriculture.

(j)

Horticultural crop production.

(k)

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(l)

Transportation, utility, communications, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.

(m)

Undeveloped natural resource and open space areas.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses.

Beekeeping.

Aquaculture.

Fur farming.

Forest management.

Keeping livestock:

Animal units, as defined in § 330-9, that are greater than one animal unit per one acre.

(f)

Agriculture-related uses. An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.

(g)

Antennas and communications towers.

(h)

Transportation-related activities primarily serving the basic agricultural industry.

(i)

Veterinarian services.

(j)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot.

(a)

Any A-5 lot existing as of the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016, shall be considered conforming with respect to minimum lot size and width. Any lots created after that date and zoned A-5 must meet the current chapter standards.

[Amended 4-9-2018 by Ord. No. 2-2018]

(b)

Lot area, based on single lot or parcel of record as evidenced by a legal document such as a deed or other legal conveyance or a certified survey map (separate, abutting legal lots or parcels may be combined to attain the minimum size):

[Amended 4-9-2018 by Ord. No. 2-2018; 4-12-2021 by Ord. No. 3-2021]

[1]

Within the transitional area, as identified on the Town of Holland Transitional Area Map, minimum 1 1/2 acres.

[2]

Outside the transitional area, as identified on the Town of Holland Transitional Area Map, minimum three acres.

(c)

Width: minimum 225 feet of road frontage on a public road.

(d)

Coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Residence: maximum 35 feet.

(b)

Other structures: maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards.

(a)

Residence.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet if the structure is not to be used for the housing of animals; minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

[Added 5-19-2020 by Ord. No. 4-2020]

A.

Purpose.

(1)

The purpose of this district is to allow agritourism and farm-based entrepreneurial uses while maintaining the rural character, preserving farmland, and protecting the health, safety, and welfare of citizens. Further, this district was created to enable increased contributions to the local economy and tax base; to provide standard definitions related to agritourism and farm-based business operations; to provide a list of activities that are eligible for conditional use permit consideration; and to provide a clear understanding of the expectations for these uses for operators, landowners and residents, and local officials.

(2)

Although a purpose of the A-T District is preserving farmland, the district is not within the Town's Farmland Preservation Zoning (FPZ) and is therefore not subject to the standards of Ch. 91, Wis. Stats.

B.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AGRICULTURAL PRODUCTS

Includes but is not limited to crops (corn, wheat, hay, potatoes); fruit (apples, peaches, grapes, cherries, berries, etc.); cider; vegetables (sweet corn, pumpkins, tomatoes, etc.); floriculture; herbs; forestry; husbandry; livestock and livestock products (cattle, sheep, hogs, horses, poultry, ostriches, emus, farmed deer, farmed buffalo, milk, eggs, and fur, etc.); aquaculture products (fish, fish products, water plants and shellfish); aquaponics products; horticultural specialties (nursery stock, ornamental shrubs, flowers and Christmas trees); maple sap, etc.

AGRICULTURAL PRODUCTS, VALUE-ADDED

The enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, packaging; and educational presentation, activities, and tours that relate to agriculture or agricultural products.

AGRICULTURALLY RELATED PRODUCTS

Items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Wisconsin, and value-added agricultural products and on-site production.

(1)

NON-AGRICULTURALLY RELATED PRODUCTSThose items not connected to farming or the farm operation, such as novelty T-shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. Such items are not allowed for retail sale within the A-T District.

AGRICULTURALLY RELATED STRUCTURES

Those structures that predominantly store or support agricultural products, uses, or equipment, such as barns, silos, coops, cribs, sheds, cellars, granaries, stables, mills, farmhouses, etc.

AGRITOURISM

The visiting of an agribusiness, horticultural, or agricultural operation for recreational or educational purposes related to the activities and/or products of the operation.

AGRITOURISM-RELATED ACTIVITIES

Those activities that predominantly use agricultural products, structures, or equipment, such as pony rides, horseback riding, petting zoos, fishing ponds, ornamental gardens, corn mazes, straw mountains, pumpkin patches/rolling, barn dances, sleigh/hay/wagon rides, campfires, and educational events, such as farming and food preserving classes, etc.

(1)

NON-AGRITOURISM-RELATED ACTIVITIESActivities that are part of an agricultural tourism operation's total offerings but not tied to farming. Such non-agriculturally related activities include small carnivals for children; musical, artistic, or similar performances; weddings; reunions; celebrations; meetings; retreats, etc and must be held within an event barn, similar facility, or designated area for which a conditional use has been granted.

BED-AND-BREAKFAST BUSINESS

A building other than a hotel or motel in which accommodations, with or without meals, are offered to transient (maximum stay of 21 days) guests for compensation and in which there are no more than four sleeping rooms providing accommodations for no more than eight adults and four children total, with no cooking facilities in any guest room or common guest space. The building is also the residence of the owner, operator, or manager of the business.

BREWERY, MICRO-/NANO-/PICO-

The manufacturing premises of an alcohol beverage permittee regulated by the Wisconsin Department of Revenue that brews no more than 10,000 U.S. beer barrels (310,000 gallons) in one calendar year. May include retail/wholesale of beverage and related products, as well as a tasting room.

CABIN

A small cottage, lacking a basement and usually of simple design and construction, for the temporary (maximum stay of 21 days) occupancy by guests. Cabins may contain a food preparation area and bath but may not exceed 600 square feet of floor space.

CIDER MILL

The manufacturing premises of an alcohol beverage permittee regulated by the Wisconsin Department of Revenue where apples are processed into cider, and that produces no more than 10,000 gallons of cider in one calendar year. May include retail/wholesale of beverage and related products, as well as a tasting room.

DISTILLERY (MICRO-)

The manufacturing premises of an alcohol beverage permittee regulated by the Wisconsin Department of Revenue that produces no more than 10,000 gallons of distilled spirits in one calendar year. Also known as "farm-to-flask" or "grain to glass." May include retail/wholesale of beverage and related products, as well as a tasting room.

EVENT BARN

A barn or barn-like building used for the hosting of agriculturally related and non-agriculturally related activities for compensation.

FARMER'S MARKET

A market (e.g., group of stalls and/or booths) where vendors sell agricultural products, value-added agricultural products, and agriculturally related products directly to consumers.

INTERIOR SPACE

Any building, or area within a building, that has a roof and is at least partially enclosed by side coverings of any type in which the square footage of the side coverings is greater than 66% of the total square footage of the sides.

[Added 4-12-2021 by Ord. No. 3-2021]

LODGE

A building other than a hotel or motel in which accommodations, with or without meals, are offered to transient (maximum stay 21 days) guests for compensation and in which there are no more than eight sleeping rooms providing accommodations for a total of no more than 16 adults and eight children, with no cooking facilities in any guest room or common guest space.

MEADERY

The manufacturing premises of an alcohol beverage permittee regulated by the Wisconsin Department of Revenue that brews no more than 1,000 U.S. beer barrels (31,000 gallons) of mead in one calendar year. May include retail/wholesale of beverage and related products, as well as a tasting room.

RENT-A-TREE OPERATION

An orchard that sells in advance the potential yield of a specific tree(s) to an individual(s) or group who harvests the fruit of their tree(s) at the end of the growing season. The orchard operators are typically responsible for the care of the trees, such as pruning and watering.

RURAL CHARACTER

Rural character consists of a pleasant, quiet landscape of open spaces, natural areas, farms, wildlife, historic features, and small-scale development with low densities and traffic levels, unobtrusive signage, and limited lighting.

SEASONAL

A recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round.

SEASONAL SIGN

A sign erected for a limited period of time during the year when retailing activities for a particular farm product is available to the public.

TENT

A portable shelter made of canvas, cloth or similar material, supported by one or more poles, and stretched tight by cords or loops attached to stakes driven into the ground, lacking a basement, for the temporary (maximum stay of 21 days) occupancy by guests. Tents may contain a food preparation area and bath but may not exceed 600 square feet of floor space.

WINERY, BOUTIQUE

The retail and/or manufacturing premises of an alcohol beverage permittee regulated by the Wisconsin Department of Revenue that produces no more than 10,000 cases (23,780 gallons) in one calendar year. May include retail/wholesale of beverage and related products, as well as a tasting room.

YURT

A small, typically circular tent of skins, felt, or similar material stretched over a framework of poles, lacking a basement, for the temporary (maximum stay of 21 days) occupancy by guests. Yurts may contain a food preparation area and bath but may not exceed 600 square feet of floor space.

C.

Permitted uses.

[Amended 4-12-2021 by Ord. No. 3-2021]

(1)

All permitted uses listed in the A-2 Agricultural District.

D.

General requirements. The following requirements shall apply to all conditional uses listed in Subsection E. If additional requirements are listed for a particular use in Subsection E, the requirements listed in Subsection E shall also apply and will take precedence if there is any conflict between the two. The requirements listed in this subsection are the recommended standards and will be followed unless the applicant provides a plan of operation that shows an alternative standard would be adequate to protect the public health, safety, and welfare, and, further, preserve the general solitude and rural character of the Town. Such plan of operation must be approved by both the Plan Commission and Town Board prior to the effective date of a conditional use permit or any amendment to a conditional use permit.

[Amended 4-12-2021 by Ord. No. 3-2021; 1-9-2023 by Ord. No. 2023-01]

(1)

Federal, state, county approvals. Where any use and/or structure requires a license, permit, or other approvals from any entity other than the Town of Holland all such approval(s) shall be obtained prior to issuance of a conditional use permit.

(2)

Road restrictions.

(a)

All vehicles related to an agritourism use shall comply with applicable road weight restrictions on public roads and with any road association requirements for private roads.

(b)

Guest access to any agritourism use shall be via public road or a private road with at least two driving lanes, a surfaced roadway of at least 16 feet in width and shoulders at least one foot in width on each side.

(3)

Lot size. If part of a lot is sold, and the remaining lot is less than the minimum required size for a particular conditional use(s), such conditional use(s) shall no longer be allowed, and the conditional use permit shall automatically be revoked.

(4)

Number of conditional use permits per site. In addition to any conditional use permit required of the property owner, a separate conditional use permit will be required for each use or group of uses that is operated by someone other than the property owner.

(5)

Hours. Unless stated otherwise in Subsection E, the hours that conditional uses in the A-T District are open to the public are limited to 8:00 a.m. to 7:00 p.m.

(6)

Structures. All structures intended for a use listed in Subsection E shall be included on the site plan and shall meet the following criteria:

(a)

The conditional uses listed in Subsection E that use interior space shall only use interior space housed in the following:

[1]

Agriculturally related buildings and/or expansions completed prior to May 19, 2020.

[2]

Buildings and/or expansions completed after May 19, 2020, on lots with existing agriculturally related buildings, if said buildings and/or expansions support a use listed in the A-T District, and if the total square footage of said new buildings and/or expansions does not exceed 25% of the square footage of the existing agriculturally related buildings on the lot as of May 19, 2020, or 4,000 square feet, whichever is less; unless additional square footage is explicitly granted by the conditional use permit after both the Plan Commission and Town Board approve the plan of operation as provided for in the general requirements paragraph of § 330-26.4D.

[3]

On a lot without preexisting agriculturally related buildings, new buildings that are needed to support a use listed in the A-T District, if the total square footage of said buildings does not exceed 2,000 square feet, unless additional square footage is explicitly granted by the conditional use permit after both the Plan Commission and Town Board approve the plan of operation as provided for in the general requirements paragraph of § 330-26.4D.

(b)

The conditional uses listed in Subsection E that use an area of a building not considered interior space shall only use such areas of the following:

[1]

Agriculturally related buildings and/or expansions completed prior to May 19, 2020.

[2]

New buildings that are needed to support a use listed in the A-T District, if the total square footage of said buildings does not exceed 2,000 square feet, unless additional square footage is explicitly granted by the conditional use permit after both the Plan Commission and Town Board approve the plan of operation as provided for in the general requirements paragraph of § 330-26.4D.

(c)

The exterior and interior style, design, and decor of any new or renovated structure shall be consistent with the Town's rural character.

(d)

The building plans for any new or renovated structure must be reviewed and found to be consistent with the requirements of this chapter by the Plan Commission prior to submitting a request for a building permit.

(e)

The location and operation of any new or expanded structure within the Farmland Preservation Area shall avoid interfering with normal agricultural practices on- and off-site or converting prime agricultural lands to a nonagricultural use.

(7)

Parking. All structures, uses, and activities dependent on vehicular access shall meet the following criteria:

(a)

Safe vehicular access and customer parking shall be provided on-site or on an adjacent property on the same side of the public road if a formal agreement is reached between the applicant and the adjacent landowner.

(b)

Parking shall be designed in such a way that vehicles do not need to back off of or onto a public road.

(c)

Parking areas that are accessed by driveways or lanes inside the property are recommended. Entries and exits to parking areas that directly access a public roadway shall require a driveway permit from the Town of Holland or Sheboygan County, whichever applies.

(d)

Parking areas shall be defined by cut grass or other visible marking.

(e)

Parked vehicles shall be located outside of public right-of-ways and at a minimum distance of 15 feet from the road pavement edge abutting the property.

(f)

Parked vehicles shall be located at least 20 feet from the side and rear property lines.

(g)

Landscaping or fences shall be used to minimize vehicle headlights from projecting onto neighboring properties not of common ownership.

(h)

Conditional use applicants shall include a parking plan, drawn to scale, with their application materials that shows the following:

[1]

Extent of parking areas and vehicle capacity.

[2]

Estimate of the peak number of vehicles for normal business operations.

[3]

A plan for overflow parking for events expected to exceed the normal peak number of vehicles.

[4]

Parking sign locations, sizes, and type of construction.

[5]

Parking lot runoff controls considering local conditions.

[6]

Landscaping, screening, or fencing to buffer neighboring properties and roadways.

(8)

Signs.

(a)

All signs related to this district shall conform with the applicable standards listed in Article XII, Signs, of this chapter.

(b)

Property boundaries shall be clearly marked to avoid guests trespassing on neighboring properties.

(9)

Lighting.

(a)

Any exterior lighting installed that is related to an agritourism use or activity shall be appropriately shielded and directed generally downwards to minimize light pollution.

(b)

Any exterior lighting that is on during nonoperating hours shall automatically be regulated by either on/off or level one/level two lighting to minimize light pollution during nonoperating hours.

(c)

Conditional use applicants shall include an exterior lighting plan, drawn to scale, with their application materials.

(10)

Fires.

(a)

Fires shall be confined to designated fire pits.

(b)

Fire pits shall be no more than three feet in diameter.

(c)

The ground surface surrounding fire pits shall be covered by noncombustible materials for a minimum distance of five feet.

(d)

No more than two fire pits shall be allowed per five acres of tract acreage.

(e)

Conditional use applicants shall include a fire pit plan, drawn to scale, with their application materials. The fire pit plan requires the review and approval of the appropriate local fire inspector prior to issuance of the conditional use permit. The fire pit plan must show the following:

[1]

Location of fire pits, which must be at least 50 feet from property boundaries.

[2]

Locations of buildings and other structures.

[3]

Property boundaries.

(f)

Fires shall have flames no more than three feet in height.

(g)

Fire shall be attended at all times unless completely extinguished.

(h)

Property management shall confirm all fires and coals have been extinguished before midnight on each day that fires occur.

(i)

Ashes and coals shall be disposed of safely after completely cool.

(j)

Fire extinguishing devices and materials shall be located within 50 feet of each fire pit.

(k)

A notice of fire restrictions shall be posted near each fire pit.

(l)

Fire restrictions issued by the Wisconsin DNR shall be monitored and fires shall be prohibited when local fire danger levels are rated "very high" or "extreme." See dnr.wi.gov/topic/ForestFire/restrictions.html.

(11)

Alcohol beverages. All agritourism uses that manufacture or sell alcohol beverages shall require the proper permits and licenses.

(a)

The manufacture of alcohol beverages requires the appropriate alcohol beverage permits from the Wisconsin Department of Revenue per Ch. 125, Wis. Stats.

(b)

The sale of alcohol beverages requires the appropriate licenses from the Town of Holland per Town Code Chapter 200.

(12)

Noise.

(a)

Noise from event activities that is audible beyond the property boundaries shall not exceed 20 dbA over background noise on nonactivity days at the same location and time of day, as measured by a certified sound testing technician.

(b)

If needed to verify compliance, the Town Board may hire a certified sound testing technician and schedule sound level tests. Thereafter and upon Town Board direction, the agritourism business owner shall reimburse the Town for any actual costs incurred due to such sound level tests regardless of the outcome.

E.

Conditional uses. See Article VI, Conditional Uses, for application, review and approval procedures for conditional uses. All uses listed in this section require a conditional use permit prior to applying for a building permit and/or starting operations. All conditional use permits shall go with the property, provided there is no interruption in the use for more than 365 consecutive days. The owner of the property is required to notify the Plan Commission of any change in ownership within 30 days of such change. The conditional use permit shall require a review by the Plan Commission at the time of the ownership transfer to assess the need for any changes to the conditional use permit. A land covenant as required by § 330-54 shall also be provided in conjunction with the issuance of the conditional use permit. The requirements listed in this subsection are the recommended standards and will be followed unless the applicant provides a plan of operation that shows an alternative standard would be adequate to protect the public health, safety, and welfare, and, further, preserve the general solitude and rural character of the Town. Such plan of operation must be approved by both the Plan Commission and Town Board prior to the effective date of a conditional use permit or any amendment to a conditional use permit.

[Amended 4-12-2021 by Ord. No. 3-2021; 1-9-2023 by Ord. No. 2023-01]

(1)

Agritourism related activities not specifically listed in Subsection E(2) through (16) below, as well as non-agritourism-related activities held outside an event barn.

(a)

Attendance is based on the acreage of the tract.

Tract Acreage	Attendance Allowed at One Time
5 acres to less than 7 acres	100 persons
7 acres to less than 10 acres	150 persons
10 acres to less than 15 acres	200 persons
15 acres or more	250 persons

(b)

Event hours are limited to 7:00 a.m. to 8:00 p.m. Monday through Thursday, 10:00 a.m. to 10:00 p.m. Friday and Saturday, and 10:00 a.m. to 8:00 p.m. Sunday.

(c)

Dates, times, durations, and descriptions of upcoming events shall be provided in a timely and convenient manner to nearby residents and Town officials when requested. An up-to-date website is recommended.

(d)

The frequency of events that include activities using sound amplification that is audible beyond the property boundaries shall be limited to one Friday or Saturday evening every other weekend.

(e)

(Reserved)

(f)

Minimum tract size is five acres.

(g)

The owner/operator/manager shall be on-site or available by phone and able to respond in a timely manner to any issues that arise.

(2)

Bed-and-breakfast businesses.

(a)

The only meal served shall be breakfast, and food service shall be limited to overnight guests. There shall be no cooking facilities in any guest room or common guest space.

(b)

Up to four sleeping rooms and provide accommodations for up to eight adults and four children.

(c)

Maximum stay of 21 days.

(d)

Hours of operation: unlimited.

(3)

Breweries, micro-/nano-/pico-.

(a)

Maximum interior visitor capacity is 50 persons at any one time or the maximum allowed capacity of the structure per the state building code, whichever is less.

(4)

Cabins, tents, yurts.

(a)

Number of units allowed:

Tract Acreage	Number of Units Allowed
5 acres to less than 10 acres	2 units
10 acres to less than 15 acres	4 units
15 acres or more	6 units

(b)

Maximum unit size is 600 square feet, with no basement allowed.

(c)

Sleeping capacity for each unit not to exceed one person per 100 square feet. Plans detailing the sleeping areas and capacity shall accompany the conditional use application.

(d)

Maximum stay of 21 days.

(e)

Hours of operation: unlimited.

(f)

The owner/operator/manager shall be on-site or available by phone and able to respond in a timely manner to any issues that arise.

(5)

Cafes, delicatessens, diners, eateries, bakeries.

(a)

At least 50% of the menu items must be derived from ingredients grown, raised, or produced within Wisconsin.

(b)

Maximum interior visitor capacity is 50 persons at any one time or the maximum allowed capacity of the structure per the state building code, whichever is less.

(6)

Cider mills.

(a)

Maximum interior visitor capacity is 50 persons at any one time or the maximum allowed capacity of the structure per the state building code, whichever is less.

(7)

Distilleries, micro-.

(a)

Maximum interior visitor capacity is 50 persons at any one time or the maximum allowed capacity of the structure per the state building code, whichever is less.

(8)

Event barns.

(a)

Attendance is based on the acreage of the tract where the structure is located or the maximum allowed capacity of the structure per the state building code, whichever is less.

Tract Acreage	Attendance Allowed at One Time
7 acres to less than 10 acres	150 persons
10 acres to less than 15 acres	200 persons
15 acres or more	250 persons

(b)

Event hours are limited to 7:00 a.m. to 8:00 p.m. Monday through Thursday, 10:00 a.m. to 11:00 p.m. Friday and Saturday, and 10:00 a.m. to 8:00 p.m. Sunday.

(c)

Dates, times, durations, and descriptions of upcoming events shall be provided in a timely and convenient manner to nearby residents and Town officials when requested. An up-to-date website is recommended.

(d)

The frequency of events that include activities using sound amplification that is audible beyond the property boundaries shall be limited to one Friday or Saturday evening every other weekend.

(e)

(Reserved).

(f)

Existing barns may be renovated for this use, but the footprint shall not be expanded. No barns built after May 19, 2020 may be used for this purpose.

(g)

Minimum setback for an event barn is 100 feet from any adjacent landowner's property line.

(h)

Minimum tract size is seven acres.

(i)

The owner/operator/manager shall be on-site or available by phone and able to respond in a timely manner to any issues that arise.

(9)

Farmer's markets.

(a)

Such markets shall be limited to two days within a single week.

(b)

Dates, times, durations, and descriptions of upcoming markets shall be provided in a timely and convenient manner to nearby residents and Town officials when requested. An up-to-date website is recommended.

(c)

Markets are limited to 8:00 a.m. to 5:00 p.m. Monday through Saturday and 9:00 a.m. to 3:00 p.m. Sunday.

(d)

Each stall and/or booth is limited in size to 144 square feet of ground floor space.

(e)

Minimum setback for any stall or booth is 100 feet from any adjacent landowner's property line.

(f)

Minimum tract size is 10 acres.

(10)

Livestock shows, livestock handling shows.

(a)

Shows shall be limited to three days within a single week.

(b)

Dates, times, durations, and descriptions of upcoming shows shall be provided in a timely and convenient manner to nearby residents and Town officials when requested. An up-to-date website is recommended.

(c)

Shows are limited to 8:00 a.m. to 7:00 p.m. Monday through Thursday, 8:00 a.m. to 10:00 p.m. Friday and Saturday, and 10:00 a.m. to 6:00 p.m. Sunday.

(d)

Capacity is limited to 250 persons at any one time.

(e)

Minimum setback is 100 feet from any adjacent landowner's property line.

(f)

Minimum tract size is 10 acres.

(11)

Lodges.

(a)

Up to eight sleeping rooms and provide accommodations for up to 16 adults and eight children.

(b)

Maximum stay of 21 days.

(c)

Minimum tract size is 10 acres.

(d)

Hours of operation: unlimited.

(e)

The owner/operator/manager shall be on-site or available by phone and able to respond in a timely manner to any issues that arise.

(12)

Meaderies.

(a)

Maximum interior visitor capacity is 50 persons at any one time or the maximum allowed capacity of the structure per the state building code, whichever is less.

(13)

Museums.

(a)

At least 50% of the exhibits must be related to agriculture, horticulture, or agribusiness.

(14)

Nature trails.

(a)

Hours of operation: sunrise to sunset.

(15)

Rent-a-tree operations.

(16)

Wineries, boutique.

(a)

Maximum interior visitor capacity is 50 persons at any one time or the maximum allowed capacity of the structure per the state building code, whichever is less.

F.

Animal units (see definition in § 330-9). One animal unit per acre. Landowners wishing to exceed this limit must apply for a conditional use permit from the Town. Approval of said permit will consider the potential impact of the increase in animal units to the surrounding properties, among other factors.

G.

Area, height, and yard requirements.

(1)

Lot and/or A-T area.

(a)

A-T area: Unless specified as a requirement of a particular conditional use in Subsection E, minimum five acres of a single lot or parcel of record as evidenced by a legal document, such as a deed or other legal conveyance, survey map prepared by a licensed land surveyor, or a certified survey map. Separate, abutting legal lots or parcels may be combined to attain the five-acre minimum density. (Note: An entire property does not necessarily need to be zoned A-T; only the part that encompasses the agritourism use is required to be zoned A-T.)

(b)

Lot width: Minimum 225 feet of road frontage on public road.

(c)

Lot coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Farm residence: Maximum 35 feet.

(b)

Other structures: Maximum 70 feet or equal to the distance from the nearest lot line, whichever is less.

(3)

Yards, unless the land zoned A-T is only a portion of a larger legal parcel, in which case the yards requirements of the entire legal parcel pertains.

(a)

Farm residence.

[1]

Rear: Minimum 50 feet.

[2]

Side: Minimum 20 feet.

[3]

Street: See Article XV, Highway Setback Lines, of this chapter.

(b)

Other structures.

[1]

Rear: Minimum 50 feet.

[2]

Side: Minimum 20 feet if the structure is not to be used for the housing of animals; minimum 50 feet if the structure is to be used for the housing of animals.

[3]

Street: See Article XV, Highway Setback Lines, of this chapter.

H.

Reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. This district is intended to provide for single-family dwellings east of Interstate 43 and in areas designated for potential growth, such as adjacent to the Villages of Oostburg and Cedar Grove.

B.

Lands included. Only properties east of Interstate 43 or in areas designated for potential growth in the Town of Holland Comprehensive Plan, such as adjacent to the Village of Oostburg or Cedar Grove or other unincorporated residential areas, may become R-1; however, any other lots zoned R-1 prior to the farmland preservation recertification and subsequent amendment of this chapter on December 12, 2016, are allowed to remain R-1.

(1)

Permitted uses.

(a)

Home occupation as defined in § 330-9. Said request shall comply with the provisions of Article VII of this chapter.

(b)

One single-family dwelling.

[Amended 2-8-2021 by Ord. No. 1-2021]

(c)

Public park, playground, and recreation areas of less than two acres without buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses.

(a)

Guest apartment, in the principal dwelling, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling, shall be comprised only of a bedroom, bathroom and sitting area, shall not include areas for food preparation or eating, and shall comply with the off-street parking requirements of Article XI of this chapter.

[Amended 4-10-2017 by Ord. No. 3-2017]

(b)

No conditional use permit for an accessory apartment may be issued after April 10, 2017. A preexisting accessory apartment, in the principal dwelling or preexisting accessory building, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling and shall comply with the off-street parking requirements of Article XI of this chapter.

[Added 4-10-2017 by Ord. No. 3-2017]

C.

Area, height and yard requirements.

(1)

Lot.

(a)

Area [also see Subsection C(4) below]: minimum of 10,000 square feet for lots served by municipal sanitary sewers or other county- and state-approved off-site cluster or common sewage disposal system and 20,000 square feet for lots served by on-site sewage disposal systems for single-family dwellings, except where county or state regulations require more.

(b)

Width: minimum of 66 feet for sewered lots and 100 feet for unsewered lots.

(c)

Coverage: No more than 50% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Residence: maximum 35 feet.

(b)

Other structures: maximum 35 feet.

(3)

Yards.

(a)

Dwelling.

[1]

Rear: minimum 25 feet.

[2]

Side: minimum 15 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 10 feet or 1/2 the height of the structure, whichever is greater.

[2]

Side: minimum 10 feet or 1/2 the height of the structure, whichever is greater.

[3]

Street: See Article XV of this chapter.

(4)

Density. In the R-1 District, for projects involving condominium or other such common ownership under which no new lots are created, the overall density that would have been required for dwelling units using individual lots shall be maintained. Therefore, the total number of dwelling units allowed shall be determined by dividing the net residential acreage of the project by the minimum lot sizes set for the district.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the R-2 District is to identify areas suitable for two-family and multiple-family residential development, in accordance with the Town of Holland Comprehensive Plan. No property within the Town may be rezoned to R-2 Multiple-Family Residence District after May 1, 2006, except a property that has been determined by the Town Board, based on evidence provided by the property owner, to be improved by or occupied as a two-family dwelling or multiple-family dwelling on May 1, 2006.

B.

Lands included.

(1)

Permitted uses.

(a)

All uses allowed as permitted uses in the R-1 District.

(b)

One two-family dwelling.

[Amended 1-13-2020 by Ord. No. 1-2020; 2-8-2021 by Ord. No. 1-2021]

(2)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

(a)

Guest apartment, in the principal dwelling, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling, shall be comprised only of a bedroom, bathroom and sitting area, shall not include areas for food preparation or eating, and shall comply with the off-street parking requirements of Article XI of this chapter.

[Amended 4-10-2017 by Ord. No. 3-2017]

(b)

Elder-care facilities, clinics and day-care centers, provided that all principal structures and uses are not less than 50 feet from any lot line.

(c)

Fraternities, sororities, lodges, and meeting structures of a noncommercial nature, provided that all principal structures and uses are not less than 25 feet from any lot line.

(d)

Multiple-family dwellings.

(e)

Senior citizen housing.

(f)

No conditional use permit for an accessory apartment may be issued after April 10, 2017. A preexisting accessory apartment, in the principal dwelling or preexisting accessory building, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling and shall comply with the off-street parking requirements of Article XI of this chapter.

[Added 4-10-2017 by Ord. No. 3-2017]

C.

Area, height and yard requirements.

(1)

Lot.

(a)

Area [also see Subsection C(4) below]: minimum of 20,000 square feet for lots served by municipal sanitary sewers or other county- and state-approved off-site cluster or common sewage disposal system and 60,000 square feet for lots served by individual on-site sewage disposal systems for two-family dwellings, plus 5,000 square feet of unoccupied land for each additional dwelling unit, except where county or state regulations require more.

(b)

Width: minimum of 100 feet for sewered lots and 150 feet for unsewered lots.

(c)

Coverage: No more than 50% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Dwelling: maximum 35 feet.

(b)

Other structures: maximum 35 feet.

(3)

Yards.

(a)

Dwelling.

[1]

Rear: minimum 25 feet.

[2]

Side: minimum 15 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 10 feet or 1/2 the height of the structure, whichever is greater.

[2]

Side: minimum 10 feet or 1/2 the height of the structure, whichever is greater.

[3]

Street: See Article XV of this chapter.

(4)

Density. In the R-2 District, for projects involving condominium or other such common ownership under which no new lots are created, the overall density that would have been required for dwelling units using individual lots shall be maintained. Therefore, the total number of dwelling units allowed shall be determined by dividing the net residential acreage of the project by the minimum lot sizes set for the district.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the R-4 District is to preserve rural landscape character, sensitive natural areas, farmland, and other large areas of open land while permitting residential development at low, rural densities, in an open space setting, located and designed to reduce the perceived intensity of development and provide privacy for dwellings. Specific objectives are as follows:

(1)

Maintain and protect the Town of Holland's rural character by preserving important landscape elements, including those areas containing such unique and environmentally sensitive natural features as woodlands, hedgerows, stream corridors, wetlands, floodplains, shorelands, prairies, ridgetops, steep slopes, and critical species habitat by setting them aside from development.

(2)

Preserve scenic views and minimize views of new development from existing streets.

(3)

Provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of rural landscape elements, scenic quality, and overall aesthetic value of the landscape.

(4)

Increase flexibility and efficiency in the siting of services and infrastructure by reducing street length, utility requirements, and the amount of paving required for residential development, where possible.

(5)

Create groups of dwellings with direct visual and physical access to open space areas.

(6)

Permit active and passive recreational use of open space areas by residents of developments within this district or by the public.

(7)

Reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes.

(8)

Allow for the continuation of agricultural uses in those areas best suited for such activities and when such activities are compatible with adjoining residential uses.

(9)

Permit various means for owning open space areas and for protecting them from development in perpetuity.

(10)

Create an attitude of stewardship or caring for the land within open space areas by requiring a land management or stewardship plan for the open space areas.

(11)

Implement the objectives of the Town of Holland Comprehensive Plan or elements thereof.

[Amended 4-12-2021 by Ord. No. 3-2021]

B.

Lands included.

(1)

Residential uses in cluster developments.

(a)

Permitted uses.

[1]

Home occupation as defined in § 330-9. Said request shall comply with the provisions of Article VII of this chapter.

[2]

One single-family dwelling.

[Amended 2-8-2021 by Ord. No. 1-2021]

(b)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

[1]

Guest apartment, in the principal dwelling, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling, shall be comprised only of a bedroom, bathroom and sitting area, shall not include areas for food preparation or eating, and shall comply with the off-street parking requirements of Article XI of this chapter.

[Amended 4-10-2017 by Ord. No. 3-2017]

[2]

One two-family dwelling.

[Amended 2-8-2021 by Ord. No. 1-2021]

[3]

No conditional use permit for an accessory apartment may be issued after April 10, 2017. A preexisting accessory apartment, in the principal dwelling or preexisting accessory building, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling and shall comply with the off-street parking requirements of Article XI of this chapter.

[Added 4-10-2017 by Ord. No. 3-2017]

(2)

Open space uses in cluster developments.

(a)

Permitted uses.

[1]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are equal to one animal unit per one acre.

[2]

Easements for access, drainage, sewer and water lines, or other public purposes.

[3]

Conservation of natural features in their existing state.

[4]

Parking areas where necessary to serve active recreation facilities.

[5]

Public park, playground, and recreation areas of less than two acres without buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

[6]

Stormwater management facilities for the proposed development, including detention and retention basins.

[7]

Wildlife sanctuary, forest preserve, nature center, trails, picnic areas, and similar uses.

[8]

Water supply and sanitary facilities for individual lots, groups of lots, or the entire development.

(b)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

[1]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are greater than one animal unit per one acre.

[2]

Agricultural activities are allowed not less than 50 feet from any residential lot line. Agricultural activities include:

[a]

The cultivation, harvesting, and sale of crops.

[b]

The raising and sale of livestock or fowl with associated pasture.

[c]

The boarding of horses with associated pasture.

[d]

Orchards, nurseries, greenhouses, and related horticultural uses.

[e]

Agricultural structures, such as barns, silos, storage sheds, cribs, coops, and stables.

[3]

Community center.

[4]

Golf courses and country clubs.

[5]

Utilities, except antennas and communications towers, provided that such uses are not less than 100 feet from any residential lot line.

(c)

Prohibited uses. The following uses and activities are prohibited in open space areas in cluster developments:

[1]

The use of nonrecreational motor vehicles except on public streets and parking areas. Maintenance, law enforcement, emergency, and associated farm vehicles are permitted, as needed.

[2]

The use of recreational vehicles except as used for agricultural activities within open spaces and maintenance and operation of open spaces.

[3]

The cutting of healthy trees; regrading; topsoil removal; and altering, diverting or modifying watercourses or bodies, except in compliance with an approved land stewardship maintenance and operation plan, as described in Subsection G(2)(a).

[4]

Commercial feed lots.

C.

Review procedures. To aid the Town of Holland in determining whether the applicant has accomplished the intent and objectives as described in Subsection A and has met the design standards for cluster groups and open space areas as described in Subsections E and F, the application shall comply with the requirements of Article V or Article VI of this chapter, in addition to submitting plat data required by Chapter 220, Land Division, Town of Holland, and the Sheboygan County Subdivision Ordinance.

D.

Density and dimensional standards.

(1)

Maximum density: based on underlying zoning district. (NOTE: Existing dwelling units that will remain on the site shall be included in the maximum density calculation.)

(2)

Minimum lot area: 20,000 square feet. (NOTE: For an existing farmstead on a parcel used for cluster development, the minimum lot area shall be large enough to accommodate all structures and livestock within the building envelope.)

(3)

Maximum lot area: two acres.

(4)

Minimum lot width:

(a)

Road frontage: 125 feet.

(b)

Cul-de-sac frontage: 50 feet.

(5)

Minimum front yard setback: 50 feet.

(6)

Minimum corner yard setback: 20 feet.

(7)

Minimum rear yard setback:

(a)

Principal building: 50 feet.

(b)

Accessory building: 10 feet. (NOTE: Accessory structures shall not be permitted within the front yard.)

(8)

Minimum side yard setback:

(a)

Principal building: 20 feet.

(b)

Accessory building: 10 feet. (NOTE: Accessory structures shall not be permitted within the front yard.)

(9)

Maximum height:

(a)

Principal structure: 35 feet.

(b)

Accessory structure: 18 feet.

(c)

Agricultural structure: 60 feet.

(10)

Minimum open space: 60% of gross land acres.

E.

Design standards for cluster groups.

(1)

The following standards shall apply to all cluster groups:

(a)

All dwelling units shall be grouped into cluster groups.

(b)

A subdivision plat may contain one or more cluster groups.

(c)

Cluster groups shall be defined and separated by open space areas in order to provide direct access to open space areas and privacy to individual lot or yard areas. Streets may separate cluster groups if the street right-of-way is designed as a boulevard.

(d)

All lots in a cluster group shall abut open space areas for a minimum of 50 feet. Open space areas across a street shall qualify for this requirement.

(2)

In locating cluster groups, disturbance to woodlands, hedgerows, individual mature trees, and prime farmland soils (when the objective is to preserve productive agricultural use) shall be minimized.

F.

Design standards for open space areas. On all tracts developed under the cluster development regulations, at least 60% of the gross land area shall be set aside as protected open space. This open space shall meet the following standards:

(1)

For the purposes of this section, "gross land area" includes all lands within the tract, except existing street, railway, and utility rights-of-way.

(2)

Open space areas shall comply with the following design standards:

(a)

The location of open space areas shall be consistent with the objectives of the Town of Holland Comprehensive Plan.

(b)

All open space areas should be part of a larger continuous and integrated open space system.

(c)

Open space areas shall, to the greatest extent possible, protect site features identified in the site inventory and analysis as having particular value in the context of preserving rural character; in compliance with the intent of this chapter, primary and secondary environmental corridors and isolated natural areas as identified by the Regional Plan Commission are of particular significance for protection.

(d)

Natural features shall generally be maintained in their natural condition but may be modified to improve their appearance or restore their overall condition and natural processes, as recommended by professionals in the area being modified and in compliance with an approved land stewardship plan, as described in Subsection G(2)(a). Permitted modifications may include:

Woodland management.

Reforestation.

Meadow management.

Wetlands management.

Stream bank protection.

[6]

Buffer area landscaping.

(e)

Wetlands, floodplains, unique wildlife habitat areas, steep slopes over 12%, lowland environmental corridors, and upland primary environmental corridors should be contained in open spaces.

(f)

Maximize common boundaries with existing or future open space on adjacent tracts, as shown in the Town of Holland Comprehensive Plan.

(g)

To preserve scenic views, ridgetops and hilltops should be contained within open space areas wherever possible. Trees should not be removed from ridgetops or hilltops.

(h)

The boundaries of open space areas shall be marked by natural features whenever possible, such as hedgerows, edges of woodlands, streams, or individual large trees.

(i)

Trails in open space areas located within 50 feet of homes in cluster groups shall be identified by identification markers, plantings, fences, or other landscape features.

(3)

Safe and convenient pedestrian access and access for maintenance purposes shall be provided to open space areas that are not used for agricultural purposes, in accordance with the following:

(a)

At least one access point per cluster group shall be provided, having a width of at least 50 feet.

(b)

Access to open space areas used for agriculture may be restricted for public safety and to prevent interference with agricultural operations.

(4)

The following areas shall not be included in the calculation of open space areas:

(a)

Private lot areas.

(b)

Street and highway rights-of-way, public or private.

(c)

Railway and utility rights-of-way.

G.

Ownership and maintenance of common facilities and open space areas. To ensure adequate planning for ownership, operation, and maintenance of open space, recreation facilities, stormwater management facilities, common parking areas and driveways, private streets, and other common or community facilities (hereinafter referred to as "common facilities"), the following regulations shall apply:

(1)

Ownership. The following methods may be used, either singly or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this subsection, and then only when there is no change in the common facilities. Ownership methods shall conform to the following to be approved on an individual basis by the Town Plan Commission:

(a)

Homeowners' association. Common facilities shall be held in common ownership as undivided proportionate interests by the members of a homeowners' association, subject to the provisions set forth herein. The homeowners' association shall be governed according to the following:

[1]

The applicant shall provide to the Town of Holland a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities.

[2]

The organization shall be established by the owner or applicant and shall be operating (with financial subsidy by the applicant, if necessary) prior to the sale of any dwelling units in the development.

[3]

Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.

[4]

The organization shall be responsible for maintenance and insurance of common facilities.

[5]

The members of the organization shall share equitably the costs of maintaining, insuring, and operating common facilities.

[6]

The organization shall have or hire adequate staff to administer, maintain, and operate common facilities.

[7]

The applicant for any tract proposed to contain common facilities shall arrange with the Town of Holland Assessor a method of assessment of the common facilities which will allocate to each tax parcel in the development a share of the total assessment for such common facilities.

[8]

Written notice of any proposed transfer of common facilities by the homeowners' association or the assumption of maintenance of common facilities must be given to all members of the organization and to the Town of Holland at least 30 days prior to such event.

(b)

Condominium. Common facilities shall be controlled through the use of condominium agreements. The requirements of such agreements shall be approved by the Town of Holland Attorney and shall be in conformance with Ch. 703, Wis. Stats., as amended. All open space areas and other common facilities shall be held as common elements by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium, and membership shall be mandatory.

(c)

Dedication of conservation easements to the Town of Holland or other public agency. The Town of Holland or other public agency acceptable to the Town of Holland may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership, provided that:

[1]

There is no cost of easement acquisition to the Town of Holland, other than costs incidental to the transfer of ownership, such as title insurance.

[2]

A satisfactory maintenance agreement shall be reached between the owner and the Town of Holland.

[3]

Lands under a Town of Holland easement may or may not be accessible to the residents of the Town of Holland.

(d)

Transfer of ownership or easements to a private conservation organization. With approval of the Town of Holland, an owner may dedicate or transfer easements of any portion of the common facilities to a private, nonprofit conservation organization, provided that:

[1]

The organization is acceptable to the Town of Holland and is a bona fide conservation organization.

[2]

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.

[3]

A maintenance plan and program acceptable to the Town of Holland is established in accordance with Subsection G(2).

(e)

Ownership retained by the original landowner. Ownership of open space areas and facilities may be retained by the original landowner, provided that:

[1]

The Town of Holland and residents of the development shall hold conservation easements on the land, protecting it from any further development.

[2]

Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.

(f)

Other methods acceptable to the Town Plan Commission.

(2)

Maintenance and operation of common facilities.

(a)

A plan and narrative for the use, maintenance, and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Town Plan Commission prior to land division approval. Such plan shall define ownership; establish necessary regular and periodic operation and maintenance responsibilities; estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an ongoing basis. The plan shall include a narrative, based on the site analysis required in Subsection C, describing existing conditions, including all natural, cultural, historic, and scenic elements in the landscape, and objectives for each open space area, including:

[1]

The proposed end state for the area and the measures proposed for achieving the end state.

[2]

Proposed restoration measures, including:

[a]

Measures for correcting increasingly destructive conditions, such as erosion; and

[b]

Measures for restoring historic features.

[3]

A maintenance and operations plan identifying operations needed for maintaining the stability of the resources, including mowing schedules, weed control, planting schedules, and clearing and cleanup.

(b)

In the event that the organization established to own and maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules, and regulations, the Town of Holland may serve written notice upon such organization and upon the residents and owners of the uses relating thereto setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this chapter, in which case the bond, if any, may be forfeited and any permits may be revoked or suspended. The Town of Holland may enter the premises and take corrective action.

(c)

The costs of corrective action by the Town of Holland shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The Town of Holland, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.

(3)

Leasing of open space areas. Open space areas may be leased to another person or other entity for use, operation, and maintenance, provided that:

(a)

The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.

(b)

The open space areas to be leased shall be maintained for the purposes set forth in this chapter.

(c)

The operation of such leased open space areas may be for the benefit of the residents of the development only or may be open to the public, if so determined by the residents.

(d)

The lease, and any transfer or assignment thereof, shall be subject to the approval of the Town Plan Commission.

(e)

Lease agreements so entered upon shall be recorded in the office of the County Register of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the Town of Holland.

(4)

Conservation. Open space areas shall be restricted in perpetuity from further subdivision or land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Town Plan Commission and duly recorded in the office of the County Register of Deeds.

H.

Sanitary and water supply facilities.

(1)

Sanitary facilities.

(a)

Sanitary facilities for cluster development may consist of any system meeting the requirements of the Wisconsin Department of Commerce for private sanitary systems and the Wisconsin Department of Natural Resources for public sanitary systems. Alternate septic fields are required for lots under 1.5 acres. Acceptable systems may consist of the following:

[1]

Private, individual on-site systems serving a single lot, consisting of:

[a]

Conventional systems.

[b]

Mound systems.

[c]

Holding tanks.

[2]

Public community systems consisting of:

[a]

Dispersed community systems serving two or more dwellings, but not the entire development.

[b]

Centralized community systems serving the entire development.

[3]

Public municipal systems serving all or parts of the entire development.

(b)

Open space areas may be used for some or all of the elements of any of the systems listed above.

(c)

All sanitary facilities shall be consistent with the requirements of the Sheboygan County Subdivision and Sanitary Ordinances.

(d)

All public community sanitary facilities shall be owned, operated, and maintained by a general or special purpose unit of government.

(2)

Water supply facilities.

(a)

Water supply facilities may consist of any of the following systems, provided that they meet the requirements of the Wisconsin Department of Natural Resources and Chs. NR 811 and NR 812, Wis. Adm. Code:

[1]

Private individual wells.

[2]

Private community wells.

[3]

Public water supply system.

(b)

All water supply facilities shall be consistent with the requirements of the Sheboygan County Subdivision Ordinance.

(c)

All water supply facilities, other than private individual wells or shared private wells (i.e., cluster systems), shall be owned, operated, and maintained by a general or special-purpose unit of government.

I.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the R-5 District is to provide for single-family dwellings in the residential subdivision area, where high density is inappropriate or undesired, and in a manner consistent with the Town of Holland Comprehensive Plan.

B.

Lands included.

(1)

Permitted uses.

(a)

Home occupation as defined in § 330-9. Said request shall comply with the provisions of Article VII of this chapter.

(b)

Public park, playground, and recreation areas of less than two acres without buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

(c)

One single-family dwelling.

[Amended 2-8-2021 by Ord. No. 1-2021]

(2)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

(a)

Guest apartment, in the principal dwelling, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling, shall be comprised only of a bedroom, bathroom and sitting area, shall not include areas for food preparation or eating, and shall comply with the off-street parking requirements of Article XI of this chapter.

[Amended 4-10-2017 by Ord. No. 3-2017]

(b)

No conditional use permit for an accessory apartment may be issued after April 10, 2017. A preexisting accessory apartment, in the principal dwelling or preexisting accessory building, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling and shall comply with the off-street parking requirements of Article XI of this chapter.

[Added 4-10-2017 by Ord. No. 3-2017]

C.

Area, height and yard requirements.

(1)

Lot.

(a)

Density: one dwelling unit per three gross acres.

(b)

Lot area: minimum one-and-one-half-acre single lot or parcel of record as evidenced by a legal document such as a deed or other legal conveyance or a certified survey map. Separate, abutting legal lots or parcels may be combined to attain the three-acre minimum.

(c)

Width: minimum of 225 feet of frontage on public road.

(d)

Coverage: No more than 30% of a lot shall be occupied by a residential building, accessory buildings, patios, driveways, and other impermeable surfaces.

(2)

Building height.

(a)

Dwelling: maximum 35 feet.

(b)

Other structures: maximum 35 feet.

(3)

Yards.

(a)

Dwelling.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

(b)

Other structures.

[1]

Rear: minimum 50 feet.

[2]

Side: minimum 20 feet.

[3]

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the RCDO District is to preserve rural landscape character, sensitive natural areas, farmland, and other large areas of open land while permitting residential development at low, rural densities, in an open space setting, located and designed to reduce the perceived intensity of development and provide privacy for dwellings. Specific objectives are as follows:

(1)

Maintain and protect the Town of Holland's rural character by preserving important landscape elements, including those areas containing such unique and environmentally sensitive natural features as woodlands, hedgerows, stream corridors, wetlands, floodplains, shorelands, prairies, ridgetops, steep slopes, and critical species habitat by setting them aside from development.

(2)

Preserve scenic views and minimize views of new development from existing streets.

(3)

Provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of rural landscape elements, scenic quality, and overall aesthetic value of the landscape.

(4)

Increase flexibility and efficiency in the siting of services and infrastructure by reducing street length, utility requirements, and the amount of paving required for residential development, where possible.

(5)

Create groups of dwellings with direct visual and physical access to open space areas.

(6)

Permit active and passive recreational use of open space areas by residents of developments within this district or by the public.

(7)

Reduce erosion and sedimentation by the retention of existing vegetation and the minimization of development on steep slopes.

(8)

Allow for the continuation of agricultural uses in those areas best suited for such activities and when such activities are compatible with adjoining residential uses.

(9)

Permit various means for owning open space areas and for protecting them from development in perpetuity.

(10)

Create an attitude of stewardship or caring for the land within open space areas by requiring a land management or stewardship plan for the open space areas.

(11)

Implement the objectives of the Town of Holland Comprehensive Plan or elements thereof.

[Amended 4-12-2021 by Ord. No. 3-2021]

B.

Intent and applicability.

(1)

The RCDO is an overlay zoning district.

(2)

The RCDO is only applicable to the A-2, A-5, or R-5 Zoning District.

(a)

All minor land divisions within the A-2, A-5, or R-5 Zoning District may comply with the provisions of this district.

(b)

All major land divisions within the A-2, A-5, or R-5 Zoning District shall comply with the provisions of this district.

(3)

Requirements for calculating the density of a single lot or parcel of record within the RCDO District is governed by the regulations of the underlying zoning district (A-2, A-5, or R-5). All other requirements (i.e., lot area, lot width, lot setbacks, building height, etc.) are governed by the regulations of the RCDO District, henceforth.

C.

Lands included.

(1)

Residential uses in cluster developments.

(a)

Permitted uses.

[1]

Home occupation as defined in § 330-9. Said request shall comply with the provisions of Article VII of this chapter.

[2]

One single-family dwelling.

[Amended 2-8-2021 by Ord. No. 1-2021]

(b)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

[1]

Guest apartment, in the principal dwelling, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling, shall be comprised only of a bedroom, bathroom and sitting area, shall not include areas for food preparation or eating, and shall comply with the off-street parking requirements of Article XI of this chapter.

[Amended 4-10-2017 by Ord. No. 3-2017]

[2]

One two-family dwelling.

[Amended 2-8-2021 by Ord. No. 1-2021]

[3]

No conditional use permit for an accessory apartment may be issued after April 10, 2017. A preexisting accessory apartment, in the principal dwelling or preexisting accessory building, but shall be limited to owner-occupied homes, shall occupy no more than 25% of the principal dwelling and shall comply with the off-street parking requirements of Article XI of this chapter.

[Added 4-10-2017 by Ord. No. 3-2017]

(2)

Open space uses in cluster developments.

(a)

Permitted uses.

[1]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are equal to one animal unit per one acre.

[2]

Easements for access, drainage, sewer and water lines, or other public purposes.

[3]

Conservation of natural features in their existing state.

[4]

Parking areas where necessary to serve active recreation facilities.

[5]

Public park, playground, and recreation areas of less than two acres without buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

[6]

Stormwater management facilities for the proposed development, including detention and retention basins.

[7]

Wildlife sanctuary, forest preserve, nature center, trails, picnic areas, and similar uses.

[8]

Water supply and sanitary facilities for individual lots, groups of lots, or the entire development.

(b)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

[1]

Keeping livestock:

[a]

Animal units, as defined in § 330-9, that are greater than one animal unit per one acre.

[2]

Agricultural activities are allowed only in underlying A-2 and A-5 Zoning Districts, provided that such uses are not less than 50 feet from any residential lot line. Agricultural activities include:

[a]

The cultivation, harvesting, and sale of crops.

[b]

The raising and sale of livestock or fowl with associated pasture.

[c]

The boarding of horses with associated pasture.

[d]

Orchards, nurseries, greenhouses, and related horticultural uses.

[e]

Agricultural structures, such as barns, silos, storage sheds, cribs, coops, and stables.

[3]

Community center.

[4]

Golf courses and country clubs.

[5]

Utilities, except antennas and communications towers, provided that such uses are not less than 100 feet from any residential lot line.

(c)

Prohibited uses. The following uses and activities are prohibited in open space areas in cluster developments.

[1]

The use of nonrecreational motor vehicles except on public streets and parking areas. Maintenance, law enforcement, emergency, and associated farm vehicles are permitted, as needed.

[2]

The use of recreational vehicles except as used for agricultural activities within open spaces and maintenance and operation of open spaces.

[3]

The cutting of healthy trees; regrading; topsoil removal; and altering, diverting or modifying watercourses or bodies, except in compliance with an approved land stewardship maintenance and operation plan, as described in Subsection H(2)(a).

[4]

Commercial feed lots.

D.

Review procedures. To aid the Town of Holland in determining whether the applicant has accomplished the intent and objectives as described in Subsection A and has met the design standards for cluster groups and open space areas as described in Subsections F and G, the application shall comply with the requirements of Article V or Article VI of this chapter, in addition to submitting plat data required by Chapter 220, Land Division, Town of Holland, and the Sheboygan County Subdivision Ordinance.

E.

Density and dimensional standards.

(1)

Provisions for calculating the density of a single lot or parcel of record within the RCDO are governed by the regulations of the underlying zoning district (A-2, A-5, or R-5).

(2)

In order to calculate the maximum number of residential units for the RCDO, the petitioner must first prepare a yield plan. The yield plan shall be a realistic and reasonable depiction of the maximum number of residential units that could be created within the regulations of the underlying zoning district (A-2, A-5, or R-5). The Town and/or Town staff shall review the yield plan layout as per any conceptual land division.

(3)

The maximum number of residential units calculated in the yield plan shall comply with the following standards:

(a)

Maximum density: based on underlying zoning district. (Note: Existing dwelling units that will remain on the site shall be included in the maximum density calculation.)

(b)

Minimum lot area: 20,000 square feet. (Note: For an existing farmstead on a parcel used for cluster development, the minimum lot area shall be large enough to accommodate all structures and livestock within the building envelope.)

(c)

Maximum lot area: two acres.

(d)

Minimum lot width:

[1]

Road frontage: 125 feet.

[2]

Cul-de-sac frontage: 50 feet.

(e)

Minimum front yard setback: 50 feet.

(f)

Minimum corner yard setback: 20 feet.

(g)

Minimum rear yard setback:

[1]

Principal building: 50 feet.

[2]

Accessory building: 10 feet. (Note: Accessory structures shall not be permitted within the front yard.)

(h)

Minimum side yard setback:

[1]

Principal building: 20 feet.

[2]

Accessory building: 10 feet. (Note: Accessory structures shall not be permitted within the front yard.)

(i)

Maximum height:

[1]

Principal structure: 35 feet.

[2]

Accessory structure: 18 feet.

[3]

Agricultural structure: 60 feet.

(j)

Minimum open space: 60% of gross land acres.

(4)

Density calculation examples.

(a)

Density calculation Example No. 1: forty-acre parcel with an A-2 underlying zoning district designation.

[1]

Step 1: calculate density.

40 acres/A-2 allowable density (1 dwelling unit/5 acres) = 8 dwelling units

[2]

Step 2: Calculate open space.

40 acres * 60% required open space = 24 acres of open space

[3]

Step 3: Calculate lot size.

	40-acre parcel - 24 acres of open space = 16 developable acres
	16 developable acres/8 dwelling units = 2-acre average lot size

[4]

Summary: A 40-acre parcel with an A-2 underlying zoning district designation yields 8 dwelling units with a 2-acre average lot size on 16 developable acres with 24 acres of open space using the regulations of the RCDO Zoning District.

(b)

Density calculation Example No. 2: forty-acre parcel with an A-5 or R-5 underlying zoning district designation.

[1]

Step 1: Calculate density.

40 acres/A-5 or R-5 allowable density (1 dwelling unit/3 acres) = 13 dwelling units

[2]

Step 2: Calculate open space.

40 acres * 60% required open space = 24 acres of open space

[3]

Step 3: Calculate lot size.

	40-acre parcel - 24 acres of open space = 16 developable acres
	16 developable acres/13 dwelling units = 1.2-acre average lot size

[4]

Summary: A forty-acre parcel with an A-5 or R-5 underlying zoning district designation yields 13 dwelling units with a 1.2-acre average lot size on 16 developable acres with 24 acres of open space using the provisions of the RCDO Zoning District.

F.

Design standards for cluster groups.

(1)

The following standards shall apply to all cluster groups:

(a)

All dwelling units shall be grouped into cluster groups.

(b)

A subdivision plat may contain one or more cluster groups.

(c)

Cluster groups shall be defined and separated by open space areas in order to provide direct access to open space areas and privacy to individual lot or yard areas. Streets may separate cluster groups if the street right-of-way is designed as a boulevard.

(d)

All lots in a cluster group shall abut open space areas for a minimum of 50 feet. Open space areas across a street shall qualify for this requirement.

(2)

In locating cluster groups, disturbance to woodlands, hedgerows, individual mature trees, and prime farmland soils (when the objective is to preserve productive agricultural use) shall be minimized.

G.

Design standards for open space areas. On all tracts developed under the cluster development regulations, at least 60% of the gross land area shall be set aside as protected open space. This open space shall meet the following standards:

(1)

For the purposes of this section, "gross land area" includes all lands within the tract, except existing street, railway, and utility rights-of-way.

(2)

Open space areas shall comply with the following design standards:

(a)

The location of open space areas shall be consistent with the objectives of the Town of Holland Comprehensive Plan.

(b)

All open space areas should be part of a larger continuous and integrated open space system.

(c)

Open space areas shall, to the greatest extent possible, protect site features identified in the site inventory and analysis as having particular value in the context of preserving rural character; in compliance with the intent of this chapter, primary and secondary environmental corridors and isolated natural areas as identified by the Regional Plan Commission are of particular significance for protection.

(d)

Natural features shall generally be maintained in their natural condition but may be modified to improve their appearance or restore their overall condition and natural processes, as recommended by professionals in the area being modified and in compliance with an approved land stewardship plan, as described in Subsection H(2)(a). Permitted modifications may include:

Woodland management.

Reforestation.

Meadow management.

Wetlands management.

Stream bank protection.

[6]

Buffer area landscaping.

(e)

Wetlands, floodplains, unique wildlife habitat areas, steep slopes over 12%, lowland environmental corridors, and upland primary environmental corridors should be contained in open spaces.

(f)

Maximize common boundaries with existing or future open space on adjacent tracts, as shown in the Town of Holland Comprehensive Plan.

(g)

To preserve scenic views, ridgetops and hilltops should be contained within open space areas wherever possible. Trees should not be removed from ridgetops or hilltops.

(h)

The boundaries of open space areas shall be marked by natural features whenever possible, such as hedgerows, edges of woodlands, streams, or individual large trees.

(i)

Trails in open space areas located within 50 feet of homes in cluster groups shall be identified by identification markers, plantings, fences, or other landscape features.

(3)

Safe and convenient pedestrian access and access for maintenance purposes shall be provided to open space areas that are not used for agricultural purposes, in accordance with the following:

(a)

At least one access point per cluster group shall be provided, having a width of at least 50 feet.

(b)

Access to open space areas used for agriculture may be restricted for public safety and to prevent interference with agricultural operations.

(4)

The following areas shall not be included in the calculation of open space areas:

(a)

Private lot areas.

(b)

Street and highway rights-of-way, public or private.

(c)

Railway and utility rights-of-way.

H.

Ownership and maintenance of common facilities and open space areas. To ensure adequate planning for ownership, operation, and maintenance of open space, recreation facilities, stormwater management facilities, common parking areas and driveways, private streets, and other common or community facilities (hereinafter referred to as "common facilities"), the following regulations shall apply:

(1)

Ownership. The following methods may be used, either singly or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this subsection, and then only when there is no change in the common facilities. Ownership methods shall conform to the following to be approved on an individual basis by the Town Plan Commission:

(a)

Homeowners' association. Common facilities shall be held in common ownership as undivided proportionate interests by the members of a homeowners' association, subject to the provisions set forth herein. The homeowners' association shall be governed according to the following:

[1]

The applicant shall provide to the Town of Holland a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities.

[2]

The organization shall be established by the owner or applicant and shall be operating (with financial subsidy by the applicant, if necessary) prior to the sale of any dwelling units in the development.

[3]

Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.

[4]

The organization shall be responsible for maintenance and insurance of common facilities.

[5]

The members of the organization shall share equitably the costs of maintaining, insuring, and operating common facilities.

[6]

The organization shall have or hire adequate staff to administer, maintain, and operate common facilities.

[7]

The applicant for any tract proposed to contain common facilities shall arrange with the Town of Holland Assessor a method of assessment of the common facilities which will allocate to each tax parcel in the development a share of the total assessment for such common facilities.

[8]

Written notice of any proposed transfer of common facilities by the homeowners' association or the assumption of maintenance of common facilities must be given to all members of the organization and to the Town of Holland at least 30 days prior to such event.

(b)

Condominium. Common facilities shall be controlled through the use of condominium agreements. The requirements of such agreements shall be approved by the Town of Holland Attorney and shall be in conformance with Ch. 703, Wis. Stats., as amended. All open space areas and other common facilities shall be held as common elements by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium, and membership shall be mandatory.

(c)

Dedication of conservation easements to the Town of Holland or other public agency. The Town of Holland or other public agency acceptable to the Town of Holland may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership, provided that:

[1]

There is no cost of easement acquisition to the Town of Holland, other than costs incidental to the transfer of ownership, such as title insurance.

[2]

A satisfactory maintenance agreement shall be reached between the owner and the Town of Holland.

[3]

Lands under a Town of Holland easement may or may not be accessible to the residents of the Town of Holland.

(d)

Transfer of ownership or easements to a private conservation organization. With approval of the Town of Holland, an owner may dedicate or transfer easements of any portion of the common facilities to a private, nonprofit conservation organization, provided that:

[1]

The organization is acceptable to the Town of Holland and is a bona fide conservation organization.

[2]

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.

[3]

A maintenance plan and program acceptable to the Town of Holland is established in accordance with Subsection H(2).

(e)

Ownership retained by the original landowner. Ownership of open space areas and facilities may be retained by the original landowner, provided that:

[1]

The Town of Holland and residents of the development shall hold conservation easements on the land, protecting it from any further development.

[2]

Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.

(f)

Other methods acceptable to the Town Plan Commission.

(2)

Maintenance and operation of common facilities.

(a)

A plan and narrative for the use, maintenance, and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Town Plan Commission prior to land division approval. Such plan shall define ownership; establish necessary regular and periodic operation and maintenance responsibilities; estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an ongoing basis. The plan shall include a narrative, based on the site analysis required in Subsection D, describing existing conditions, including all natural, cultural, historic, and scenic elements in the landscape, and objectives for each open space area, including:

[1]

The proposed end state for the area and the measures proposed for achieving the end state.

[2]

Proposed restoration measures, including:

[a]

Measures for correcting increasingly destructive conditions, such as erosion; and

[b]

Measures for restoring historic features.

[3]

A maintenance and operations plan identifying operations needed for maintaining the stability of the resources, including mowing schedules, weed control, planting schedules, and clearing and cleanup.

(b)

In the event that the organization established to own and maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules, and regulations, the Town of Holland may serve written notice upon such organization and upon the residents and owners of the uses relating thereto, setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this chapter, in which case the bond, if any, may be forfeited and any permits may be revoked or suspended. The Town of Holland may enter the premises and take corrective action.

(c)

The costs of corrective action by the Town of Holland shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The Town of Holland, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.

(3)

Leasing of open space areas. Open space areas may be leased to another person or other entity for use, operation, and maintenance, provided that:

(a)

The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.

(b)

The open space areas to be leased shall be maintained for the purposes set forth in this chapter.

(c)

The operation of such leased open space areas may be for the benefit of the residents of the development only or may be open to the public, if so determined by the residents.

(d)

The lease, and any transfer or assignment thereof, shall be subject to the approval of the Town Plan Commission.

(e)

Lease agreements so entered upon shall be recorded in the office of the County Register of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the Town of Holland.

(4)

Conservation. Open space areas shall be restricted in perpetuity from further subdivision or land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Town Plan Commission and duly recorded in the office of the County Register of Deeds.

I.

Sanitary and water supply facilities.

(1)

Sanitary facilities.

(a)

Sanitary facilities for cluster development may consist of any system meeting the requirements of the Wisconsin Department of Commerce for private sanitary systems and the Wisconsin Department of Natural Resources for public sanitary systems. Alternate septic fields are required for lots under 1.5 acres. Acceptable systems may consist of the following:

[1]

Private individual on-site systems serving a single lot, consisting of:

[a]

Conventional systems.

[b]

Mound systems.

[c]

Holding tanks.

[2]

Public community systems consisting of:

[a]

Dispersed community systems serving two or more dwellings, but not the entire development.

[b]

Centralized community systems serving the entire development.

[3]

Public municipal systems serving all or parts of the entire development.

(b)

Open space areas may be used for some or all of the elements of any of the systems listed above.

(c)

All sanitary facilities shall be consistent with the requirements of the Sheboygan County Subdivision and Sanitary Ordinances.

(d)

All public community sanitary facilities shall be owned, operated, and maintained by a general or special-purpose unit of government.

(2)

Water supply facilities.

(a)

Water supply facilities may consist of any of the following systems, provided that they meet the requirements of the Wisconsin Department of Natural Resources and Chs. NR 811 and NR 812, Wis. Adm. Code:

[1]

Private individual wells.

[2]

Private community wells.

[3]

Public water supply system.

(b)

All water supply facilities shall be consistent with the requirements of the Sheboygan County Subdivision Ordinance.

(c)

All water supply facilities, other than private individual wells or shared private wells (i.e., cluster systems), shall be owned, operated, and maintained by a general or special-purpose unit of government.

J.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The primary purpose of the C-1 District is to preserve, protect, and enhance significant woodlands, areas of distinctive or highly erodible topography, ground and surface waters, wetlands, and other natural resource characteristics that contribute to the environmental quality of the Town of Holland. The proper regulation of these areas will serve to maintain and improve groundwater and surface water quality, prevent flood damage, protect fish and wildlife habitat, prohibit the location of structures on soils which are generally not suitable for such use, protect natural watersheds, and protect the water-based recreation and open space resources of the Town of Holland. This district recognizes that undisturbed wetlands serve as natural purifiers of surface waters and as protective buffers at the land/water interface.

B.

Lands included. The C-1 District may include 1) upland areas identified as environmental corridors by the Bay-Lake Regional Planning Commission, 2) areas delineated as floodplain and/or wetlands on the Shoreland Zoning Map, Sheboygan County, Wisconsin, as described in the Shoreland-Floodplain Ordinance, Sheboygan County, Wisconsin, as well as 3) those shoreland and wetland areas identified as being of local concern.

(1)

Permitted uses. See Article V of this chapter for application, review and approval procedures for permitted uses. The following uses are permitted in the C-1 District, provided that such uses are conducted in accordance with sound conservation practices and do not involve dumping; filling; extension of cultivated areas; mineral, soil, or peat removal; or any other activity that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen, or topography:

(a)

Dugout ponds and level ditches.

(b)

Flood overflow and movement of water.

(c)

Forestry and game management.

(d)

Hiking trails.

(e)

Hunting, fishing, wildlife preserves and other historic/scientific areas.

(f)

Navigation.

(g)

Nonresidential buildings used solely in conjunction with the raising of waterfowl, fish, and other lowland animals or crops.

(h)

Public park, playground, and recreation areas of less than two acres without buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

(i)

Wild crop harvesting, including marsh hay, moss, ferns, wild rice, berries, fruit, nuts, and seeds.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses. The following uses may be conditionally permitted, except that issuance of a conditional use shoreland zoning permit (pursuant to the Shoreland-Floodplain Ordinance, Sheboygan County, Wisconsin) and/or Department of Natural Resources permits (pursuant to §§ 30.11, 30.12, 30.19, 30.195, and 31.05, Wis. Stats.) may also be required:

(a)

Cranberry bogs.

(b)

Lookout decks and towers.

(c)

Piers and docks.

(d)

Public emergency shelters.

(e)

Public restrooms and sanitary facilities.

(f)

Removal of peat or topsoil.

(g)

Special crop farming.

C.

Area, height and yard requirements: none. No building or structure is permitted except as provided under Subsection B(1) and (2) above.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the P-1 District is to provide for areas where the recreational needs of residents can be met without undue disturbance of natural resources and adjacent uses.

B.

Lands included.

(1)

Permitted uses. See Article V of this chapter for application, review and approval procedures for permitted uses.

(a)

Public park, playground, and recreation areas without buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

(b)

Public picnic grounds.

[Amended 8-13-2018 by Ord. No. 6-2018]

(c)

Outdoor ice-skating rinks.

(2)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

(a)

Amusement activities, such as arcades, fairgrounds, roller-skating rinks, go-cart tracks, racetracks and recreation centers.

(b)

Archery ranges, golf driving ranges, firearm ranges, athletic fields or courts, and indoor skating rinks.

(c)

Boat rentals and boat access sites.

(d)

Golf courses and country clubs.

(e)

Gymnasiums and athletic clubs.

(f)

Hunting and fishing clubs.

(g)

Public park, playground, and recreation areas with buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

(h)

Private campgrounds and recreational camps.

(i)

Public emergency shelters.

(j)

Private park, playground and recreation areas.

[Added 8-13-2018 by Ord. No. 6-2018]

(k)

Private picnic grounds.

[Added 8-13-2018 by Ord. No. 6-2018]

C.

Area, height and yard requirements.

(1)

Lot area, minimum: sufficient area for the principal structure and its accessory buildings, off-street parking and loading as required by Article XI of this chapter, sewer and water systems, and all required yards.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Rear: minimum 50 feet.

(b)

Side: minimum 50 feet.

(c)

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the P-2 District is to provide suitable areas for semipublic uses owned by nonprofit organizations, as well as to accommodate lands and facilities owned by the Town, Sheboygan County and state and federal agencies.

B.

Lands included.

(1)

Permitted uses. See Article V of this chapter for application, review and approval procedures for permitted uses.

(a)

Government halls and structures.

(b)

Nonprofit organization offices.

(c)

Public rights-of-way pursuant to applicable regulations governed by the Town, Sheboygan County and state and federal agencies.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses.

(a)

Antennas and communications towers.

(b)

Cemeteries.

(c)

Churches and similar places of worship.

(d)

Community centers.

(e)

Fire stations.

(f)

Hospitals and nursing homes.

(g)

Libraries.

(h)

Municipal solid waste processing and disposal, and wastewater treatment plants and facilities, provided that all principal structures and excavations are not less than 500 feet from any residential district.

(i)

Museums.

(j)

Police stations.

(k)

Public emergency shelters.

(l)

Public, parochial and private schools, provided that the lot area is not less than five acres and all principal structures and uses are not less than 50 feet from any lot line.

(m)

Utilities, except antennas and communications towers, provided that all principal structures and uses are not less than 50 feet from any residential lot line.

(n)

Waste disposal sites.

(o)

Wastewater treatment plants.

(p)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot area, minimum: sufficient area for the principal structure and its accessory buildings, off-street parking and loading as required by Article XI of this chapter, sewer and water systems, and all required yards.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Rear: minimum 25 feet.

(b)

Side: minimum 25 feet.

(c)

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the B-1 District is to provide for the proper location and regulation of commercial, retail, professional, and service operations that are not detrimental to the immediate surrounding area or to the Town as a whole. The intent of these regulations is to minimize potential adverse effects (including but not limited to lighting, noise, dust, traffic, physical appearance, etc.) of these uses. It is therefore intended that such uses will be reasonably compatible with the surrounding uses in the area.

B.

Lands included.

(1)

Permitted uses. See Article V of this chapter for application, review and approval procedures for permitted uses.

(a)

Business and professional offices.

(b)

Public park, playground, and recreation areas of less than two acres without buildings or structures.

[Amended 8-13-2018 by Ord. No. 6-2018]

(2)

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

Auto body shops.

Clubs.

Day-care facilities.

Financial institutions.

(e)

Fueling stations and repair garages.

(f)

Hotels and motels.

(g)

Land excavation and earthmoving.

(h)

Landscape and supply operations.

(i)

Medical and dental clinics.

(j)

Personal and professional service establishments that perform services on the premises.

(k)

Repair facilities.

(l)

Restaurants and taverns.

(m)

Retail stores and shops.

(n)

Storage yards.

(o)

Transportation-related activities.

(p)

Warehouse and indoor storage.

(q)

Indoor agricultural uses, meaning any of the following activities conducted within an enclosed structure for the purpose of producing an income or livelihood:

[Added 2-8-2021 by Ord. No. 1-2021]

[1]

Aeroponics.

[2]

Aquaculture.

[3]

Crop or forage production or storage.

Horticulture.

Hydroponics.

Floriculture.

Vertical farming.

Real estate office.

[Added 2-8-2021 by Ord. No. 1-2021]

(s)

Rental operations of aircraft, athletic equipment, clothing, construction and demolition equipment, home furnishings, home and yard maintenance equipment, medical equipment, party supplies, recreational equipment, trailers, vehicles, and watercraft.

[Added 2-8-2021 by Ord. No. 1-2021]

(t)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in § 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

(u)

Building trades construction, renovation and repair services.

[Added 11-8-2021 by Ord. No. 10-2021]

C.

Area, height and yard requirements.

(1)

Lot area, minimum: sufficient area for the principal structure and its accessory buildings, off-street parking and loading as required by Article XI of this chapter, all required yards, and all private or public utilities.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Rear: minimum 30 feet.

(b)

Side: minimum 15 feet.

(c)

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the M-1 District is to provide for the proper location and regulation of manufacturing, assembly, and industrial operations that are not detrimental to the immediate surrounding area or to the Town as a whole. The intent of these regulations is to minimize potential adverse effects (including but not limited to smoke, odor, noise, dust, flash, traffic, physical appearance, etc.) of these uses. It is therefore intended that such uses will be reasonably compatible with the surrounding uses in the area.

B.

Lands included.

(1)

Permitted uses. See Article V of this chapter for application, review and approval procedures for permitted uses.

Cabinet shops.

Canning factories.

Machine shops.

Conditional uses. See Article VI of this chapter for application, review, and approval procedures for conditional uses.

(a)

Food-processing plants.

(b)

Foundries.

(c)

Lumberyards and building supply yards.

(d)

Manufacturing, assembly, fabrication and processing facilities.

(e)

Printing and publishing facilities.

(f)

Storage yards.

(g)

Tool and die shops.

(h)

Warehouses and indoor storage.

(i)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in§ 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Area, height and yard requirements.

(1)

Lot area, minimum: sufficient area for the principal structure and its accessory buildings, off-street parking and loading as required by Article XI of this chapter, all required yards, and all private or public utilities.

(2)

Building height: maximum 45 feet.

(3)

Yards.

(a)

Rear: minimum 30 feet, except 50 feet when abutting a residential district.

(b)

Side: minimum 15 feet, except 50 feet when abutting a residential district.

(c)

Street: See Article XV of this chapter.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.

A.

Purpose. The purpose of the M-3 District is to permit resource extraction operations as long-term transitional uses. The intent of these regulations is to minimize potential adverse effects (including but not limited to noise, dust, flash, vibration, traffic and physical appearance) of these uses on surrounding lands while operations are active and, to the maximum extent practicable, restore the site after operations have ceased.

B.

Lands included.

(1)

Permitted uses. See Article V of this chapter for application, review and approval procedures for permitted uses.

(a)

Processing of topsoil.

(b)

The washing, refining or processing of rock, slate, gravel, sand or minerals.

(2)

Conditional uses. See Article VI of this chapter for application, review and approval procedures for conditional uses.

(a)

Aggregate or ready-mixed plant.

(b)

Clay, ceramic and refractor mineral mining.

(c)

Crushed and broken stone quarrying.

(d)

Mixing of asphalt.

(e)

Municipal solid waste processing and disposal, provided that all principal structures and excavations are not less than 500 feet from any residential district.

(f)

Nonmetallic mining services.

(g)

Sand and gravel quarrying.

(h)

Solar energy systems with a generation capability greater than 30 kW (kilowatts) and less than 100 MW (megawatts), which convert solar energy into electrical energy. The additional standard conditions and application requirements for a solar energy system conditional use permit as set forth in§ 330-56.11 shall apply.

[Added 4-12-2021 by Ord. No. 4-2021]

C.

Regulations. All uses listed are subject to the following regulations and such other requirements as the Town Board deems appropriate to protect the health, safety and general welfare:

(1)

A plat of survey shall be submitted showing topographic data (minimum contour interval of five feet) and existing and proposed excavations.

(2)

An operations plan shall be submitted, including a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed; a description of the source, quantity, and disposition of water to be used; a description of proposed noise and dust control procedures; and proposed hours of operation.

(3)

After obtaining a preliminary conditional use permit from the Town, the applicant shall obtain a nonmetallic reclamation permit from the Sheboygan County Land and Water Conservation Department. (Sureties will be required to enable Sheboygan County to carry out the restoration plan in the event of default by the applicant.) The applicant shall submit the reclamation permit to the Town for review, after which the Town may add to the preliminary conditional use permit if necessary and issue a final conditional use permit.

(4)

All excavations shall be at least 200 feet from the right-of-way of any public or private street or property line. All accessories, such as offices, parking areas, and stockpiles, shall be at least 100 feet from any right-of-way or property line.

D.

Development agreement and reimbursement of expenses. See § 330-19 of this chapter for possible requirements.