[Added 11-15-2006 by Ord. No. 06-10]
A.
Purpose and intent. The purpose of the extraterritorial
zoning article is to:
(1)
Promote the public health, safety and general welfare.
(2)
Control and lessen congestion in the streets; secure
safety from fire, panic and other dangers; promote adequate light
and air; encourage the protection of natural resources; prevent the
overcrowding of land; preserve, protect and promote property values;
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public facilities; protect productive agricultural
operations and high quality agricultural soils; promote the preservation
of scenic views; and protect the small community and rural character
of the New Glarus area.
(3)
Provide appropriate, predictable, and necessary land
use controls within the Village of New Glarus's extraterritorial zoning
jurisdiction that lies within the Town of New Glarus.
(4)
Increase local control of local land use decisions.
A.
Coverage. The area subject to the provisions of this
article is described as that portion of the Town of New Glarus included
under an extraterritorial zoning designation on the Official Zoning
Map of the New Glarus Extraterritorial Zoning Jurisdiction and described
in Village Ordinance No. 06-10, adopted by the Village Board on November
15, 2006. If and when land is annexed or attached to the Village of
New Glarus, following procedures described under Wisconsin Statutes,
such land is no longer subject to this article. However, the remainder
of this chapter shall continue to apply.
B.
Official Zoning Map. The Official Zoning Map of the
New Glarus Extraterritorial Zoning Jurisdiction, which together with
all explanatory materials thereon, is hereby made part of this article.[1] Interpretations of zoning district boundaries presented on the Official Zoning Map shall be made per § 305-14 of Article III, except that, within the extraterritorial zoning jurisdiction, the Joint Committee shall assume the role of the Village Board that is described in that section.
[1]
Editor's Note: Said Map is on file in the
Village's offices.
A.
The following zoning districts shall be available for mapping on the Official Zoning Map both within the Village municipal limits and within the extraterritorial zoning jurisdiction, per the applicable procedures described in this article and in Article XIII. The abbreviation for each zoning district follows in parentheses.
(1)
Agricultural and Woodland Preservation (A-P).
(2)
Limited Agricultural and Woodland Preservation (A-PL).
(3)
Agricultural and Woodland Transition (A-T).
(4)
Agricultural and Rural Business (A-B).
(5)
Rural Neighborhood (R-N).
(6)
All zoning districts enumerated and described in Article III of this chapter, provided that an agreement between the affected property owner and the appropriate utility or sanitary district is executed to provide public sanitary sewerage service and public water service to new development of any lands rezoned to one of the districts listed in Article III, with such services required at the time of initial development.
B.
A description of the above specifically listed zoning
districts and the regulations applicable in each of the districts
are described in the following sections.
A.
Purpose. The A-P Zoning District is intended to preserve
the New Glarus area's agricultural land for food and fiber production;
protect productive farms, forests and woodlots by preventing land
use conflicts between incompatible uses; support agricultural and
forestry processing and service industries; provide reasonable opportunities
to supplement farm-and-forestry-operation income through compatible
business opportunities and limited housing development; and preserve
rural character in farming areas.
B.
Permitted uses. The following uses are permitted in
this district, subject to dimensional and density standards and limitations
found elsewhere in this article:
(1)
Agricultural recreation/hobby use.
(2)
Light agricultural use, general agricultural use (less
than or equal to 500 animal units).
(3)
Silviculture (minimum five-acre lot).
(5)
Bed-and-breakfast establishment.
(7)
Commercial animal services and boarding.
(8)
Community living arrangement (one to eight residents).
(9)
Accessory residential structure.
(10)
Accessory nonresidential structure (less than
25,000 cubic feet).
(11)
Family day-care home (eight or fewer children).
(12)
Home occupation.
(13)
Accessory farm or forestry structure.
(14)
Seasonal sales of farm or forestry products.
C.
Conditional uses. The following uses are conditional
in this district, subject to dimensional and density standards and
limitations found elsewhere in this article:
(1)
Intensive agricultural use (greater than 500 animal
units).
(3)
Camping unit.
(5)
Indoor institutional use (maximum 10,000 square feet
of inside gross floor area).
(6)
Outdoor public recreation.
(7)
Shooting range.
(8)
Community living arrangement (nine to 15 residents).
(9)
Tourist lodging.
(10)
Outdoor institutional use.
(11)
Outdoor assembly (for 250 or more persons).
(12)
Airport or landing strip.
(13)
Public utilities and services.
(15)
Wind energy conversion system.
(17)
Accessory nonresidential structure (greater
than or equal to 25,000 cubic feet).
(18)
Intermediate day-care home (nine to 15 children).
(19)
Expanded home occupation.
D.
Dimensional standards. The following dimensional standards
shall apply in this zoning district.
(1)
Minimum lot size: two acres.
(3)
Maximum building coverage: 20% of lot.
(4)
Maximum building height: 35 feet for dwellings and
accessory residential structures; none for other buildings.
(5)
Minimum front and corner side yard: 25 feet.
(6)
Minimum interior side yard: 10 feet.
(7)
Minimum rear yard: 40 feet.
(8)
Minimum lot width: 100 feet at building setback line.
(9)
Minimum spacing between buildings: 10 feet.
(10)
Minimum spacing between animal confinement areas
and property lines: 50 feet.
(12)
Minimum dwelling unit size: 1,200 square feet
of habitable space.
A.
Purpose. The A-PL Zoning District is intended to preserve
the New Glarus area's agricultural land for food and fiber production;
protect productive farms and forests by preventing land use conflicts
between incompatible uses; allow for low-intensity livestock operations
in light of nearby residential or natural areas; support agricultural
and forestry processing and service industries; provide reasonable
opportunities to supplement farm-and-forestry-operation income through
compatible business opportunities and limited housing development;
and preserve rural character in farming areas.
B.
Permitted uses. The following uses are permitted in
this district, subject to dimensional and density standards and limitations
found elsewhere in this article:
(1)
Agricultural recreation/hobby use.
(2)
Light agricultural use (less than or equal to 150
animal units).
(3)
Silviculture (minimum five-acre lot).
(5)
Bed-and-breakfast establishment.
(7)
Commercial animal services and boarding.
(8)
Community living arrangement (one to eight residents).
(9)
Accessory residential structure.
(10)
Accessory nonresidential structure (less than
25,000 cubic feet).
(11)
Family day-care home (eight or fewer children).
(12)
Home occupation.
(13)
Accessory farm or forestry structure.
(14)
Seasonal sales of farm or forestry products.
C.
Conditional uses. The following uses are conditional
in this district, subject to dimensional and density standards and
limitations found elsewhere in this article:
(1)
General agricultural use (151 to 500 animal units).
(3)
Camping unit.
(5)
Indoor institutional use (maximum 10,000 square feet
of inside gross floor area).
(6)
Outdoor public recreation.
(7)
Shooting range.
(8)
Community living arrangement (nine to 15 residents).
(9)
Tourist lodging.
(10)
Outdoor institutional use.
(11)
Outdoor assembly (for 250 or more persons).
(12)
Airport or landing strip.
(13)
Public utilities and services.
(16)
Wind energy conversion system.
(17)
Accessory nonresidential structure (greater
than or equal to 25,000 cubic feet).
(18)
Intermediate day care home (nine to 15 children).
(19)
Expanded home occupation.
D.
Dimensional standards. The following minimum dimensional
standards shall apply in this zoning district.
(1)
Minimum lot size: two acres.
(3)
Maximum building height: 35 feet for dwellings and
accessory residential structures; none for other buildings.
(4)
Minimum front and corner side yard: 25 feet.
(5)
Minimum interior side yard: 10 feet.
(6)
Minimum rear yard: 40 feet.
(7)
Minimum lot width: 100 feet at building setback line.
(8)
Minimum spacing between buildings: 10 feet.
(9)
Minimum spacing between animal confinement areas and
property lines: 50 feet.
(11)
Minimum dwelling unit size: 1,200 square feet
of habitable space.
A.
Purpose. The purpose of the A-T Zoning District is
to preserve lands primarily in agricultural, forestry, and open-space
land uses, for an unspecified time period. As depicted on the Official
Zoning Map, such lands shall be generally located in proximity to
the Village of New Glarus in areas where future urban development
is anticipated in municipal comprehensive plans. It is intended that
intensive development be deferred in such areas until it is economically
and financially feasible to provide public services and facilities
for uses other than those permitted in the A-T Zoning District, such
as public sewer and water services.
B.
Permitted uses. All permitted uses listed under the
A-PL Limited Agricultural and Forestry Preservation District, provided
that:
C.
Conditional uses. All conditional uses permitted in
the A-PL Limited Agricultural and Forestry Preservation District,
provided that:
D.
Dimensional standards. All dimensional standards shall
be the same as in the A-PL Limited Agricultural and Forestry Preservation
District, except as follows:
(1)
There shall be a total of not more than four dwelling
units, other principal structures, or some combination, within the
limits of the parcel as legally described and recorded on October
13, 1997. (See following graphic.)
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(2)
Development of the fifth or greater dwelling unit,
other principal structure, or some combination within the limits of
the parcel as legally described and recorded on October 13, 1997,
may occur only following:
(a)
The rezoning of the land on which is proposed
the fifth or greater dwelling unit, other principal structure, or
some combination, to another zoning district that allows more intensive
development.
(b)
Execution of an agreement between the affected
property owner and the appropriate utility or sanitary district to
provide public sanitary sewerage service and public water service
to the fifth or greater dwelling unit, fifth or greater other principal
structure, or some combination, at the time of initial development.
A.
Purpose. The purpose of the A-B Agricultural and Rural
Business District is to provide for historic or planned future collections
of small-scale uses which are commercial in nature; associated with
local agricultural production; require a rural location due to proximity
of resources; serve tourist-oriented activities; protect community
character through building scale, appearance, landscaping, signage,
and lighting; and do not require urban services such as public sanitary
sewerage and water services.
B.
Permitted uses. The following uses are permitted in
this zoning district, subject to dimensional and density standards
and limitations found elsewhere in this article:
(1)
Agricultural recreation/hobby use.
(2)
Caretaker's residence.
(3)
Light agricultural use (less than or equal to 150
animal units).
(4)
Agricultural commercial use.
(5)
Forestry commercial use.
(6)
Tourist lodging.
(7)
Bed-and-breakfast establishment.
(8)
Day-care center (maximum 5,000 square feet of inside
gross floor area).
(9)
Indoor institutional use (maximum 10,000 square feet
of inside gross floor area).
(10)
Outdoor assembly (for 250 or more persons).
(11)
Public utilities and services.
C.
Conditional uses. The following uses are conditional
in the A-B District, subject to dimensional and density standards
and limitations found elsewhere in this article:
(1)
Silviculture use (minimum five-acre lot).
(2)
Contractor shop (maximum 5,000 square feet of inside
gross floor area).
(3)
Office (maximum 5,000 square feet of inside gross
floor area).
(4)
Personal or professional service (maximum 5,000 square
feet of inside gross floor area).
(5)
Outdoor public recreation.
(6)
Indoor sales (maximum 5,000 square feet of inside
gross floor area).
(7)
Plant genetic laboratories, agricultural-related experimental
laboratories (maximum 5,000 square feet of inside gross floor area).
(8)
Sales and storage of agricultural by-products.
(9)
Shooting range.
(10)
Stock yards, livestock auction facilities.
(11)
Livestock and farm commodity trucking services.
D.
Dimensional standards. The following minimum dimensional
standards shall apply in this zoning district.
(1)
Minimum lot size: two acres.
(2)
Maximum building coverage: 40% of lot.
(3)
Maximum building height: 50 feet.
(4)
Minimum front and corner side yard: 35 feet.
(5)
Minimum interior side yard: 10 feet.
(6)
Minimum rear yard: 50 feet.
(7)
Minimum lot width: 100 feet at the building setback
line.
(8)
Minimum spacing between buildings: 10 feet.
A.
Purpose. The R-N District is intended for single-family
dwellings, along with other uses that are compatible with a single-family
residential living environment.
B.
Permitted uses. The following uses are permitted in
this district, subject to dimensional and density standards and limitations
found elsewhere in this article:
(1)
Single-family dwelling (including farm dwellings and
manufactured homes meeting standards).
(2)
Community living arrangement (one to eight residents).
(3)
Accessory residential structure (less than 1,000 square
feet).
(4)
Family day-care home (eight or fewer children).
(5)
Home occupation.
(6)
Silviculture (minimum five-acre lot).
(7)
Accessory farm or forestry structure.
C.
Conditional uses. The following uses are conditional
uses in this district, subject to dimensional and density standards
and limitations found elsewhere in this article:
(1)
Two-family dwelling.
(2)
Agricultural recreation/hobby use.
(3)
Light agricultural use (less than or equal to 150
animal units).
(4)
Seasonal sales of farm and forestry products.
(5)
Golf course community.
(6)
Tourist lodging.
(7)
Outdoor public recreation.
(8)
Camping unit (limited to one camping unit per lot).
(9)
Accessory residential structure (greater than or equal
to 1,000 square feet).
(10)
Community living arrangement (nine to 15 residents).
(11)
Indoor institutional use (maximum 10,000 square
feet of inside gross floor area).
(12)
Outdoor institutional use.
(13)
Public utilities and services.
(14)
Intermediate day-care home (nine to 15 children).
D.
Dimensional standards: The following minimum dimensional
standards shall apply within this zoning district.
(2)
Maximum building coverage: 20% of lot.
(3)
Maximum building height: 35 feet.
(4)
Minimum front and corner side yard: 25 feet.
(5)
Minimum interior side yard: 10 feet.
(6)
Minimum rear yard: 40 feet.
(7)
Minimum lot width:
(a)
With private on-site waste treatment system:
150 feet at the building setback line, except for that lots recorded
before the date of adoption of this article shall have a minimum lot
width equal to their width at the date of adoption of this article.
(b)
With public sanitary sewerage service: 80 feet
at the building setback line.
(8)
Minimum spacing between buildings: 10 feet.
(9)
Minimum spacing between animal confinement areas and
property lines: 50 feet.
(11)
Minimum dwelling unit size: 1,200 square feet
of habitable space.
[Amended 10-3-2011 by Ord. No. 11-08]
The purpose of §§ 305-117 through 305-125 is to set forth the requirements for site planning, exterior lighting, screening, landscaping, sign and billboard standards, standards for the keeping of farm animals, development density standards, respecting soils with building limitations, preserving rural character, private driveways and roads¸ and other matters related to the quality of development.
A.
Purpose. The purpose of this section is to indicate
the requirements that may be applied for screening, landscaping, and
fencing for certain development projects, zoning districts, and project
components as identified below.
B.
Landscaping standards.
(1)
Applicability: Except for farm and forestry uses,
the requirements of this section shall apply to all new land development
projects and to all additions, expansions, or site modifications to
such uses.
(2)
Existing vegetation: To the greatest extent possible, each new development and lot shall retain existing trees outside of proposed building and parking areas. See also § 305-122B for cluster development preservation standards.
(3)
Landscaping coverage: Each new development and lot
shall be landscaped with an effective combination of living trees,
ground cover, and shrubbery. Landscaping shall be emphasized in street
yards, adjacent to residentially zoned lots, within and adjacent to
parking lots and near principal building foundations. The following
figure provides an example.
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(4)
Distance requirements: No purposely planted tree or
shrub as measured from its center shall be located within five feet
of a driveway or public street right-of-way or easement.
(5)
Visual clearance triangle: All new landscaping material located within a visual clearance triangle (as described in § 305-106) shall be 2 1/2 feet or less in height or have a clearance of eight feet beneath the lowest branch or projection.
(7)
Installation and maintenance: All proposed and approved
landscaping shall be installed in a sound manner and according to
accepted planting procedures with quality plant materials. The lot
owner shall maintain such plantings and all dead plantings shall be
replaced.
C.
Screening standards (landscaped buffer yards).
(1)
Applicability: The following areas or features shall
be required to be effectively screened by fencing, landscaping, or
berms from view from public roadways and adjacent residentially zoned
properties:
(2)
Options for screening: The following are options for
providing required screening where applicable.
(a)
Fencing: The construction of a minimum six-foot-high solid fence, per Subsection D below, shall be deemed adequate screening if required.
(b)
Rows of trees: The planting of a minimum of
two rows of trees staggered with a ten-foot spacing, which are a minimum
of four feet tall when planted, shall be deemed adequate screening
if required. The lot owner shall maintain such planting and any dead
trees shall be replaced within one year. Alternate species or planting
plan may be substituted if prior approval is received from the Zoning
Administrator.
(c)
Existing vegetation: The maintenance of existing
native vegetation that, from off the property during full foliage
conditions, provides the appearance of a solid wall of vegetation,
shall be deemed adequate screening if required. The final determination
as to acceptability of the existing vegetative screen shall be by
the Zoning Administrator.
(d)
Earthen berm: The construction of an earthen
berm to the minimum height of six feet, which is to be seeded and/or
landscaped with shrubs and maintained by the owner, shall be deemed
adequate screening if required.
D.
Fencing standards.
(1)
The construction and maintenance of partition fences between adjoining lands used for farming or grazing shall be governed by Wisconsin Statutes, Chapter 90.
(2)
For areas where a new subdivision plat or certified
survey map adjoins lands used for farming or grazing, the following
provisions shall apply, unless an alternate agreement between abutting
property owners is negotiated, approved by the Village and Town, and
recorded against both properties:
(a)
A partition fence between the subdivision plat or certified survey map and lands used for farming or grazing, satisfying the requirements of Wisconsin Statutes, Chapter 90, for a legal and sufficient fence, shall be required.
(b)
The subdivider shall be responsible for constructing,
keeping and maintaining such partition fence. The subdivider shall
construct such fence at the time of site development.
(c)
A covenant binding the subdivider, its grantees,
heirs, successors, and assigns to erect and maintain such fence, without
cost to the adjoining property owners, so long as the adjoining land
is used for farming or grazing purposes, shall be included upon the
face of the final plat or certified survey map.
A.
Purpose. The purpose of this section is to regulate
the spillover of light and glare on operators of motor vehicles, pedestrians,
land uses in the vicinity of a light source, and the "dark sky" in
order to promote traffic safety, prevent nuisances, and preserve rural
community character.
B.
Applicability. The requirements of this section apply
to all exterior lighting for multiple family residential uses of greater
than two dwelling units, and nonresidential land uses within the jurisdiction
of this article, except for public lighting within a public road right-of-way
or public road easement.
C.
Exterior lighting standards.
(1)
Power and orientation of light fixture: No exterior
light fixture shall be placed or oriented so that the lighting element
(bulb) or associated convex lens is visible from an adjacent lot line
or public road right-of-way or easement line. Within the R-N or other
residential zoning district, no light fixture shall exceed 150 watts.
All lighting fixtures over 150 watts shall be fully shielded and mounted
at a 90° angle to the ground, per the following figure.
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(2)
Maximum illumination levels: At any property line,
the illumination level from a light fixture shall not exceed 0.5 footcandles
above the ambient lighting condition on a cloudless night.
(3)
Prohibited light fixtures: No searchlights or strobe
lights shall be permitted.
(5)
Village lighting ordinance provisions: If the Village
adopts additional requirements for exterior lighting as part of this
chapter, and such requirements are accepted by resolution of the Joint
Committee, such requirements shall also apply within the extraterritorial
zoning area.
A.
Purpose. The purpose of this section is to establish
standards for keeping of farm animals, hobby farm animals, and domestic
and exotic pets on parcels within the extraterritorial zoning jurisdiction
in such a manner that allows for reasonable numbers of animals; avoids
nuisances, undesirable odors, and other negative impacts on neighboring
properties; protects human and animal health; satisfies the needs
of animals for exercise space; and protects water quality.
B.
Definitions. The following definitions describe terms
used to interpret this section:
(1)
Farm animal: domestic animals traditionally used in
this state in the production of meat, milk, eggs, fiber and crops.
These include, but are not limited to, domesticated mammals and birds:
cattle, goats, sheep, buffalo, pigs, horses, rabbits, chickens, turkeys,
ducks, geese, pigeons, emus and ostriches.
(2)
Hobby farm animals: nontraditional production animals,
raised on small acreages, which do not have substantial food and fiber
economic value. These include, but are not limited to, horses, llamas,
and minks.
(3)
Domestic and exotic pets: domestic animals kept for
companionship. These include, but are not limited to, dogs, horses,
cats and exotic pets, such as guinea pigs, pet rats, reptiles, ferrets,
pot bellied pigs, turtles, parrots, gerbils and hamsters, and snakes.
C.
Applicability. The purpose of this section is to establish
land management standards for animals with a full range of agricultural
uses. This includes managing land for livestock and crop production
in a manner which preserves and promotes agriculture as a viable part
of the New Glarus area's economy as well as hobby farm and pet management.
(1)
Farm animals: The New Glarus Extraterritorial Zoning
Districts A-P, A-PL, A-B, A-T, and R-N have livestock and cropping
operations traditionally used in this state in the production of meat,
milk, egg, fiber, and feed. The Right to Farm Law, as amended in 1995,
encourages agricultural production and discourages land use conflicts
between livestock operations and their neighbors. Wisconsin State
Statute 828.08 states by law that agricultural production or the use
of modern agricultural technology should not be hampered. The legislature
found that development in rural areas and changes in agricultural
technology, practices and scale of operation have increasingly tended
to create conflicts between agriculture and other land uses. This
law and state statute is meant to protect these farms and resolve
these conflicts.
(2)
Hobby farm animals: Land uses on small acreages that
keep or maintain hobby animals shall provide and continuously maintain
a minimum of one acre of open land available per animal unit for animal
exercise and nutrient (manure) management.
(3)
Domestic and exotic pets:
(a)
Any person owning or possessing an animal, dog
or cat shall not permit such pet to trespass on or destroy property
or disturb the peace.
(b)
It shall be unlawful for any person to keep,
maintain, or have in his possession or under his control any poisonous
reptile or any other dangerous or carnivorous wild animal, insect
or reptile with vicious or dangerous propensities.
D.
Animal unit density standard: A measure that represents
a common denominator for the purpose of defining in what quantity
farm animals may be kept (see Table 1 below). The unit measure is
based on live animal weights of which 1,000 pounds of live animal
weight is equivalent to one animal unit. This Zoning Ordinance has
specific animal unit limitations in each of the zoning districts.
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Table 1
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|---|---|---|---|---|---|
|
Number of Animal Types Equivalent to 1,000
Animal Units and Animal Equivalency Factors
| |||||
|
Farm Animal Type
|
Animal Units per Animal
|
Farm Animal Type
|
Animal Units per Animal
|
Farm Animal Type
|
Animal Units per Animal
|
|
Dairy cattle: milking and dry cows
|
1.43
|
Pigs/sows
|
0.4
|
Emu
|
0.15
|
|
Dairy cattle: heifers (400 to 1,200 pounds)
|
1.0
|
Pigs (up to 55 pounds)
|
0.1
|
Ostrich
|
0.35
|
|
Dairy calves (under 400 pounds)
|
0.2
|
Boars
|
0.5
|
Turkeys
|
0.018
|
|
Veal calves
|
1.0
|
Sheep/goat
|
0.1
|
Ducks: liquid manure
|
0.2
|
|
Beef cattle: steers or cows
|
1.0
|
Lambs
|
0.07
|
Ducks: nonliquid manure
|
0.0333
|
|
Beef calves (under 400 pounds)
|
0.2
|
Chickens: per bird (liquid manure)
|
0.0333
|
Llama/alpaca
|
0.35
|
|
Bulls
|
1.43
|
Chickens: layers (nonliquid manure)
|
0.0123
|
Rabbits
|
0.01
|
|
Horses
|
2.0
|
Chickens: broilers and pullets
|
0.008
| ||
|
Sources: WisDNR Rule NR 243.12; UW-Extension;
The Stockman's Handbook
| |||||
(1)
It is recommended that animal owners manage manure
and other waste responsibly. The Animal Unit Density Standard assures
that land uses that keep or maintain animals provide and continuously
maintain land available for animal exercise and nutrient (manure)
management. The owner can document the types and amounts of manure
and other organic wastes that the livestock facility will generate
when fully populated, the final disposition of waste by land spreading
or other means, the acreage available to the operator for land spreading,
and a map showing where the operator proposes to land spread nutrients.
The above information can be documented in a nutrient management plan.
E.
Nutrient management plan: A written site-specific
plan which details how the major plant nutrients (nitrogen, phosphorus,
and potassium) are to be managed annually. The plan assures that the
farm has sufficient land-spreading acres for the manure volumes that
the on-farm livestock generate as well as prevents overapplication
of commercial fertilizers. The landowner can submit the nutrient management
plan for approval to the Green County Land Conservation Department,
and implement the plan on all lands receiving mechanically applied
manures and commercial fertilizers. Plan is to be updated yearly.
F.
Other performance standards.
(1)
No person owning or responsible for any animal may
refuse or neglect to supply the animal with a sufficient supply of
food and water.
(2)
Outdoor animal containments, such as pens, coops and similar structures, shall be located in accordance with the standards in Wisconsin Statutes, Chapter 90, a minimum of 50 feet from any well, and a minimum of 100 feet from any property line.
(3)
Unconfined manure piles (a quantity of manure at least
175 cubic feet in volume that covers the ground surface to a depth
of at least two inches) are prohibited (ATCP 51).
G.
State and federal standards. Land uses that keep farm
animals may also be subject to state and federal laws and rules, most
of which are not administered locally. It is the responsibility of
the property owner to adhere to such laws and rules as applicable,
which at the time of adoption of this chapter included but were not
necessarily limited to the following:
(1)
Agricultural performance standards in Chapters ATCP
50 and NR 115, 151, 243, and 812 of the Wisconsin Administrative Code.
(2)
Wisconsin Administrative Code Chapter ATCP 51, involving
the siting of livestock facilities.
(3)
All state manure and nutrient management statutes
and rules, including § 281.16(3), Wis. Stats.
(4)
Wisconsin Pollutant Discharge Elimination System permits
for farm operations over 1,000 animal units, as identified in Chapters
NR 243.13 through NR 243.16 of the Wisconsin Administrative Code.
(5)
Wisconsin Statutes Chapters 29 and 169, involving
the treatment of wild animals.
(6)
Wisconsin Statutes Chapter 951, involving crimes against
animals.
(7)
Wisconsin Statutes Chapter 93, enabling legislation for the Department of Agriculture Trade and Consumer Protection (ATCP) and which also includes animal regulations.
(8)
Wisconsin Statutes Chapter 97, involving food regulations. Several Department of Agriculture, Trade and Consumer Protection rules also cover various aspects of food processing.
(9)
The U.S. Natural Resources Conservation Service (NRCS)
Nutrient Management standard.
(10)
The U.S. Environmental Protection Agency's confined
animal feeding operations rule.
A.
Purpose. This section provides standards for the tracking
and calculation of allowable new dwelling units and equivalent principal
uses (building sites) on parcels in the A-P and A-PL Zoning Districts.
These districts limit the overall density and/or land area of new
nonfarm development in order to preserve agricultural and rural character.
B.
GROSS SITE AREA
CONTIGUOUS
SINGLE OWNERSHIP
Determining gross site area. For the purposes of calculating
the maximum number of allowable new dwelling units and equivalent
principal uses (building sites) on parcels in the A-P and A-PL Zoning
Districts, the gross site area of the contiguous lands held in single
ownership shall be determined as of October 13, 1997. Terms used in
this section are defined as follows:
The entire land area located within a parcel, including land
within all easements (including roadway easements) and environmentally
constrained land (such as floodplains and wetlands), but not including
land on the water side of the ordinary high water mark of navigable
lakes, ponds, rivers, and streams. Lots separated by subdivision plat
or certified survey map prior to October 13, 1997, shall not be considered
in the calculation of gross site area of the parcel from which they
were separated.
Lots or parcel shall be considered contiguous if they share
a common boundary. Parcels in single ownership which are directly
across rail right-of-way, easements, or navigable rivers, streams
or creeks, along with parcels that meet only at a corner, shall be
considered contiguous.
Any combination of lands singly owned by one individual,
jointly owned by a couple including that individual, or owned by a
partnership or corporation in which the individual has controlling
ownership.
C.
Normal density calculation for parcels less than 70 acres. Unless cluster development standards under Subsection E are followed, all parcels with a gross site area of less than 70 acres in contiguous single ownership as of October 13, 1997, shall have no greater than one building site for a dwelling unit or an equivalent principal use, as defined below. At least 91% of the parcel shall remain in open space following development. If an existing parcel already contains a dwelling unit or an equivalent principal use, no additional dwelling unit or equivalent principal use shall be allowed.
D.
Normal density calculation for parcels of 70 acres or more. Unless cluster development standards under Subsection E are followed, all parcels of a gross site area of 70 acres or more in contiguous single ownership as of October 13, 1997, shall have a number of building sites for dwelling units or equivalent principal uses determined as follows: the gross site area is divided by 35, with the resulting number truncated down to the nearest whole number (i.e., no consideration of fractions). Any preexisting building sites used for a dwelling unit or an equivalent principal use shall be counted as one building site for purposes of this calculation. At least 91% of the parcel shall remain in open space following development.
(1)
Example: In the following example, this one-hundred-sixty-acre
parcel is allowed a total of four building sites. This is calculated
by taking 160 and dividing it by 35, yielding a result of 4.57. The
0.57 is then removed, resulting in a total of four building sites
that may be located on this parcel. The parcel includes an existing
farmstead residence, which means that three new building sites (represented
by the new two- and four-acre lots) may be created. The new lots must
be created in such a way that at least 91% of the October 13, 1997,
parcel (145.6 acres) remains in open space.
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E.
Cluster development density calculation:
(1)
A cluster development is a type of single-family residential
development intended to preserve open space, farmland, and natural
features that enhance the New Glarus area's rural character; hide
or buffer development from public roads through placement, topography,
vegetation, and/or setbacks; and encourage housing on moderate-sized
rural lots grouped in a portion(s) of the parcel best suited for development.
Any existing parcel of less than 40 acres may not be developed as
a cluster development under this section.
(2)
Where cluster development is used in accordance with all design principles described in section § 305-122B, then the number of building sites is determined using the following criteria.
(a)
The minimum number of lots required to qualify
as a cluster development is three. There may be more than one cluster
of at least three lots created from a single parcel.
(b)
Fifteen percent or less of the gross site area
may be within all clusters combined, used for residential purposes,
and eligible for building and zoning permits, provided that other
zoning and subdivision ordinance requirements are met.
(c)
Only single-family dwellings may be permitted
in a cluster development.
(d)
The minimum size of new lots within each cluster
shall be two acres.
(e)
Eighty-five percent or greater of the gross
site area of contiguous lands held in single ownership shall remain
in open space following the cluster development. Such open space shall
be protected from development through a conservation easement, deed
restrictions, or cluster development ownership covenants that shall
be effective until January 1, 2025, or to a later date or in perpetuity
if either desired by the land owner or extended per an amendment to
Chapter 15 of the Town of New Glarus Code of Ordinances.
(f)
Open space that is commonly owned by the lot
owners of the cluster development shall be managed in a stewardship-like
manner to permit active and passive recreational use of the commonly
owned public space by residents of the development and general public.
Open space that continues to be utilized for agricultural purposes
shall be utilized in a manner compatible with adjoining uses.
(g)
Each lot division (split) reduces the gross
site area of the parent parcel from which the lot was split by 35
acres regardless of the actual size of the lot that was split, which
in turn impacts the calculations for determining required open space.
(3)
Example: In the following example, this one-hundred-sixty-acre
parcel is allowed a total of 24 acres to be placed in cluster development
residential building sites (15% of 160). This includes the area occupied
by the preexisting farmstead. The developer may place as many additional
lots in the 24 acres as is practical, given minimum lot size requirements
(two acres per lot) and other environmental, engineering, and regulatory
limitations. In this example, there are two clusters created from
the original parcel: one four-lot cluster that includes the original
farmstead and one six-lot cluster built along a new cul-de-sac road.
Together, these two clusters occupy less that 15% of the original
parcel. The remaining 85% must be placed in a conservation easement
or deed restricted to prevent further development there until 2025
or as otherwise may be extended by Town ordinance.
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F.
Effect of land sales: Changes and reconfigurations
in ownership following October 13, 1997, do not trigger new allotments
of potential future dwelling units in the A-P and A-PL Districts.
When land is sold or consolidated after October 13, 1997, the Joint
Committee and Zoning Administrator will use the following approaches
in the order listed to determine how many (if any) potential future
building sites were transferred along with the land:
(1)
Any sales contracts or other recorded documents indicating
how many potential future dwelling units (if any) are being transferred
along with the land.
(2)
In the absence of a clearly understood sales contract or recorded deed notice that defines the intent, the assumption shall be that one building site is transferred with each 35 acres sold. If less than 35 acres are sold, the assumption shall be that one building site was transferred with each new lot that was created, provided that the provisions of § 305-121A through E allow for a building site.
G.
Miscellaneous provisions.
(1)
Each dwelling unit or equivalent principal use [defined in Subsection G(2) below] that received a zoning permit or was otherwise legally constructed on the parcel prior to October 13, 1997 shall be counted against the maximum number of building sites that may be created. The term "dwelling unit" is as defined in § 305-106 of Article XV of this chapter.
(2)
Each principal commercial, institutional, recreational,
utility building, transportation, or industrial land use permitted
or legally established on the lands shall be counted as the equivalent
of one dwelling unit and one building site for the purposes of this
section. These are referred to as "equivalent principal uses" above.
(3)
The Town of New Glarus shall maintain parcel records
as of October 13, 1997, or as close to that date as possible, and
shall provide them to the Zoning Administrator. These shall be used
as the basis for determining contiguous lands held in single ownership
and gross site area as of October 13, 1997, unless the petitioner
is able to demonstrate to the Zoning Administrator that such records
are in error.
(4)
Lands in contiguous single ownership that were legally
established prior to the effective date of this article and that are
less than two acres in gross site area shall be allowed a total of
one single-family dwelling unit or one principal commercial, institutional,
recreational, utility, transportation, or industrial land use as may
be allowed in the zoning district. No further division of such lands
under A-P or A-PL zoning is permitted.
(5)
Nothing in this section shall preclude the petitioner
from seeking a Zoning Map amendment to remove lands from the A-P or
A-PL Zoning Districts. In the event that such lands are rezoned away
from one of these districts (and not rezoned to another one of these
districts), the provisions of this section shall no longer apply.
A.
Purpose. The purpose of this section is to establish
standards to ensure that new development that is approved is sensitive
to preserving the rural character of the New Glarus area. The standards
for approval include standards for cluster development, open space
preservation, view protection, signs, and lighting.
B.
Cluster development design standards. In order to be considered a cluster development under § 305-121E, the following design criteria must be met:
(1)
Natural resources shall be integrated into the development design as aesthetic and conservation landscape elements. The development shall identify and provide for the permanent preservation of environmentally sensitive areas such as wetlands, hydric soils, floodplains, slopes of 20% or greater, areas of rare or endangered plant or animal species, historic and archeological sites, and views in accordance with Subsections B(6) and C below. Permanent preservation shall be achieved through the implementation of techniques such as conservation easements, restrictive covenants, deed restrictions, dedication to the public or an appropriate nonprofit organization, and/or establishment of buildable or "no build" areas on the plat or certified survey map.
(2)
Homesites shall be promoted near the edges of wooded
areas and near the edges of open fields.
(3)
Where the development includes a mature woodland,
the developer shall identify the edges of said woodland, establish
forest management guidelines in accordance with forestry best management
practices, and practice active forest management and selective harvesting
in accordance with said guidelines to improve the health and diversity
of tree species on the property.
(4)
No building site shall be located on a slope of 20%
or greater.
(5)
All cluster developments of 10 or more lots shall
provide for the recreational needs of its future residents through
trails, parks, dog runs, or other recreational space or facilities
geared and accessible to residents. Where an adopted Town, County,
or Village comprehensive plan, land use plan, or outdoor recreation
plan recommends a park, trail, or other recreational facility for
the proposed plat area, the developer will make reasonable accommodation
for the recommended facility.
(6)
Lots, dwellings, and internal roads shall be placed
to minimize their visibility from existing public roads and to conform
to the landscape. This shall be accomplished by:
(a)
Designing lots that will abut a federal, state, or county highway to minimize the visibility of the dwellings from the highway, with strategies including maintenance of existing vegetation and grades, deep lots, dwellings abutting new roads that are not the highway, a landscaped buffer yard along the highway meeting the standards of § 305-117C of this article, or some combination based on the specific conditions of the land.
(b)
Designing roads and lot layouts to blend with
the natural land contours.
(c)
Using topography and vegetation to screen dwellings.
(d)
Preserving tree lines, fence lines, stone rows,
existing farm roads, barns, cabins, and other features of the rural
landscape.
(7)
The development shall include stormwater management
and erosion control systems that focus on best management practices
(BMPs). BMPs may include overland water transfer, natural landscape
planting and restoration to increase infiltration and reduce runoff,
bio-infiltration systems, natural basin design, residential roof runoff
directed to yard areas, and rain gardens. Such techniques shall be
integrated in stormwater management and erosion control plans submitted
with the cluster development subdivision plat or certified survey
map submittal.
(8)
The placement of building sites shall be made in accordance
with any Village- or Town-adopted future roadway or utility plan map.
(9)
The developer shall be required to work with the Joint
Committee and Town of New Glarus on other design considerations that
are particular to the unique characteristics of the parcel.
C.
View preservation. The conditions of any development
approval shall require the identification of building sites on the
plat, certified survey map, or existing lot of record, and may restrict
the location of houses and other structures so as to provide appropriate
sight lines and view protection as follows:
(1)
The lots shall be positioned and building sites and
heights limited so that the rooflines and tops of structures shall
not visibly extend above the line of ridges and hilltops (or the vegetation
that will remain on top of them) when viewed from outside the development
parcel.
(2)
Houses and structures shall be buffered from existing
roads using existing and planted trees and vegetation, hills, berms
or other natural-appearing features.
D.
Rural lighting standards. Lighting shall be installed and maintained to minimize any negative impacts on the rural character and dark night skies. The specifications for lighting set in § 305-118 shall be followed.
E.
Signs and billboards. Signs and billboards shall be restricted to promote high aesthetic quality and safety throughout the extraterritorial zoning jurisdiction. The specifications for signage and billboards in § 305-119 shall be followed.
F.
Agricultural preservation. Effort shall be taken to
protect agriculture. For all new lots created for residential purposes,
the following note shall be added to the final plat or certified survey
map before such document is recorded: "Through Section 823.08 of Wisconsin
Statutes, the Wisconsin Legislature has adopted a right-to-farm law.
This statute limits the remedies of owners of later established residential
property to seek changes to preexisting agricultural practices in
the vicinity of the residential property. Active agricultural operations
are now taking place and may continue in the vicinity of this plat
or certified survey map. These active agricultural operations may
produce noises, odors, dust, machinery traffic, or other conditions
during all hours of the day and night."
All state erosion control and stormwater management
requirements (NR 135, 260, and 265, §§ 265.29 and 265.33)
shall apply to the extraterritorial zoning jurisdiction. In addition
to the regulations imposed by the aforementioned chapters and sections,
the following erosion control measures for land-disturbing activities
on steep slopes shall apply.
B.
For proposed development areas with slopes measuring
12% to 20%, every effort shall be taken to maintain vegetation to
stabilize slopes.
C.
No land division for residential, commercial or industrial
purposes shall be approved which would result in or authorize a use
or disturbance of land, including construction of private roads and
driveways, on hillsides with a slope of 20% or more. For purposes
of this section, 20% means a vertical elevation differential of 10
feet in 50 horizontal feet.
Junkyards and salvage yards, as defined in § 305-106, shall be prohibited within the extraterritorial zoning jurisdiction, except as follows:
A.
Where specifically listed as a permitted or conditional
use in the zoning district mapped over the property; or
[Added 10-3-2011 by Ord. No. 11-08]
Private roads and driveways shall be permitted to serve certain
forms of development in the extraterritorial zoning jurisdiction,
subject to the following standards and conditions:
A.
All private driveways and private roads allowed under this subsection within the extraterritorial zoning jurisdiction shall meet the requirements of § 305-46 and the Town of New Glarus Driveway Ordinance,[1] as it existed on October 3, 2011, with any subsequent
amendments applicable within the extraterritorial zoning area only
if also approved by the Village Board.
C.
Lots and condominium dwelling units within the extraterritorial zoning
jurisdiction may be served by one or more private roads serving all
lots and units within the development, provided that the following
standards are met:
(1)
The private road shall be placed in an easement to the benefit
of each lot owner it serves, a private outlot held in common by each
lot owner, or a condominium lot. Sufficient land must be reserved
and kept in open space within the easement, outlot, or condominium
development to accommodate the then-current minimum width standard
for a local street right-of-way under the Village of New Glarus Subdivision
Ordinance,[2] in the event that a public street is required in that
same location in the future. Buildings shall be set back from such
easement or outlot lines the normal front yard setback distance in
the district.
(2)
The entity or entities desiring to construct the private road
shall have a shared driveway agreement prepared, approved by the Joint
Extraterritorial Zoning Committee and Village Board, and recorded
with the Green County Register of Deeds. No zoning permit may be issued
for building construction without evidence of recording of the approved
private driveway agreement. The private driveway agreement shall provide
for possible future public dedication of the private road, and shall
require the land owners served by the private road to provide for
its maintenance. If the property owners fail to fulfill their obligations,
then the agreement shall give full authority to the local governmental
entity with jurisdiction at the time of such failure to fulfill those
obligations and then assess all costs associated with said action,
including legal fees, to the property owners served by the private
road.
(3)
A private road is not permitted in any location in which the
Village of New Glarus Comprehensive Plan, Official Map, or both designates
a future public street, as determined by the Zoning Administrator.
(4)
Where the private road provides access for five or more contiguous lots within the extraterritorial jurisdiction, it may be allowed by conditional use permit only and must be constructed to Village public street standards in Chapter 265 of the Village municipal code. For such a road to instead be accepted as a public road, it must be approved as such by the Town Board and by the Joint Extraterritorial Zoning Committee.
A.
Purpose. The purpose of this section is to establish:
B.
Regulations governing and roles of specific officials
in zoning administration.
(1)
Joint Extraterritorial Zoning Committee.
(a)
Creation. The Joint Extraterritorial Committee
(Joint Committee) shall be created as provided by Wisconsin Statutes
§ 62.23(7a).
(b)
Powers and duties. The Joint Committee shall
possess the powers and duties prescribed in Wisconsin Statutes § 62.23(7a)
and such other powers and duties as vested by this article and by
the Village Board.
(c)
Membership. The Joint Committee shall be appointed
pursuant to Wisconsin Statutes § 62.23(7a)(c).
(d)
Rules and reports. The Joint Committee may adopt
rules governing its own proceedings. The Joint Committee shall annually
report to the Village Board and Town Board of its transactions and
expenditures, if any, for the preceding year, and with such general
recommendations as to matter covered by its prescribed duties and
authority. This annual report may be in the form of meeting minutes
and shall be filed with the Village and Town no later than March 1
of each year.
(e)
Meetings. The Joint Committee shall elect a
Chairperson and Secretary and shall keep a written report of its proceedings
to include all actions taken, a copy of which shall be filed with
the Village and Town Clerks. Four members shall constitute a quorum.
(f)
Affirmative votes. Actions on requests for amendments
of the Official Zoning Map (rezonings), ordinance text amendments,
and conditional use permits shall require the affirmative approval
of a majority of the members. All other actions of the Joint Committee
shall require the affirmative approval of the majority of members
in attendance at the meeting.
(g)
Staff. The Joint Committee shall utilize the
services of existing Village and Town officials, employees, and outside
consultants as needed.
(3)
Village Plan Commission. The roles and responsibilities of the Village Plan Commission specified in § 305-92 shall be delegated to the Joint Committee in the duties and authorities prescribed by this article for lands within the extraterritorial jurisdiction.
(5)
Zoning Board of Appeals. The roles and responsibilities of the Zoning Board of Appeals shall be as specified in § 305-92 and in review and approval of the activities regulated by this article as specified in subsections D to L below. The Village may establish a separate or supplemented Zoning Board of Appeals, including Town residents, for matters within its purview within the extraterritorial zoning area.
C.
Enforcement and action of the Joint Committee.
(1)
The Joint Committee shall enforce this article in
accordance with the administrative provisions of the Town, Village,
state, and this article.
(2)
The Joint Committee shall act upon all such applications
on which it is authorized to act by the provisions of this article
within the subsequent two meetings but not more than 90 days from
when they are filed in full compliance with all the applicable requirements.
(3)
Fees for permits shall be based on a schedule established
by resolution of the Joint Committee, following a recommendation from
the Town Board.
E.
Ordinance text amendments. Ordinance text amendments shall be conducted in accordance with the procedures sets forth in Article XIII, § 305-98, except the authority, roles, and responsibilities of the Plan Commission as referred to in this article shall be replaced by the authority, roles, and responsibilities of the Joint Committee within the extraterritorial jurisdiction.
F.
Conditional use permit review and approval. Application for conditional use permit shall be conducted in accordance with the procedures and standards set forth in Article IV, §§ 305-25 to 305-38. Authority, roles, and responsibilities granted to the Plan Commission in Article IV shall be delegated to the Joint Committee within the extraterritorial jurisdiction.
G.
Site plan submittal and approval procedure. Site plan submittal, review and approval shall be conducted in accordance with Article XII, § 305-94. Authority, roles, and responsibilities granted to the Plan Commission in § 305-94 shall be delegated to the Joint Committee within the extraterritorial jurisdiction.
H.
Zoning permit review and approval procedure. Zoning permit review and approval shall be conducted in accordance with § 305-93. The Village Zoning Administrator is the authority granting review and approval to zoning permits for land uses that are in full conformance with this article.
I.
Building Permit Review and Approval Procedure. Prior
to the commencement of any construction or activities covered by this
article, written authorization to start the work shall be obtained
from the Town of New Glarus Building Inspector. The Town Building
Inspector shall issue a building permit only after receipt of all
other necessary permits, and in accordance with the requirements of
this article. Building permits shall not be issued until all of the
requirements of this article are met, including the issuance of a
zoning permit where required.
J.
Interpretation. The Village Zoning Administrator shall
have the authority of interpreting the standards and requirements
of this article. Where consistent with the expeditious rendering of
an interpretation, the Zoning Administrator shall seek the advice
of the Joint Committee before making an interpretation.
K.
Appeals of zoning interpretations. Procedures for appeals from the interpretations, orders, requirements or decisions of the Zoning Administrator, Joint Committee, or the Village Board where it is alleged that there is an error in any decision as provided for by Wisconsin statutes and applicable case law shall follow the procedures of §§ 305-101, 305-102 and 305-103. The Joint Committee has the authority to make a recommendation to the Zoning Board of Appeals on all appeals filed, and shall be notified by the Zoning Administrator when such appeals are filed.
A.
Lots created after adoption of this article. No new
lot shall be created which does not meet the dimensional requirements
within the zoning district in which it is located or as specified
by applicable subdivision ordinance, whichever is larger.
B.
Lots created before adoption of this article. A lot
which was part of an approved and recorded plat or certified survey
map, or which was otherwise legally recorded in the County Register
of Deed's office before the date of adoption of this article, may
be used as a building site for a single-family dwelling (or a use
of similar intensity in a nonresidential zoning district) upon the
issuance of a zoning permit, subject to the following conditions:
