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