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ORD20121353-EA Text Change DEFEATED AT COMMON COUNCIL - 04/10/2012 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1353 AN ORDINANCE TO AMEND CHAPTER 17 SECTION 8.35 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (EA Exclusive Agricultural Zoning District Text) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17, Section 8.35 of the Municipal Code of the City of Muskego is hereby removed and recreated as attached. SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance is hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS ________ DAY OF ______________ , 2012 CITY OF MUSKEGO Kathy Chiaverotti, Mayor ATTEST: First reading: 01/10/2012 Deferred: 03/13/2012 Defeated: 04/10/2012 ________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: Ord. #1353 Page 2 8.35 EA EXCLUSIVE AGRICULTURAL FARMLAND PRESERVATION DISTRICT (1) STATEMENT OF INTENT The EA Exclusive Agricultural Farmland Preservation District is compatible with agriculture zoning and will only be developed to meet the law protecting farmland. (State of Wisconsin Farmland Preservation Act). (2) BASIC REGULATIONS (C.) Building (E.) Open (A.) Lot Size (B.) Density (D.) Building Size (F.) Height Location Space Minimum Min. Residential Min. Minimum Residential Floor Min per Max. Permitted Area Average Lot Area Set Minimum Offset Floor Area (In Sq. Ft.) Residential (In Feet) Width Per D/U Back Area D/U (In Sq. Ft. Lot Area Per One All other Single Family Multi Principal Accessory Or Acres) (In Feet) (In Ratio D/U Side sides per structure structure 1st Total Feet) (In Sq. Ft.) (In (In Feet) D/U floor Feet) 35 Acres 1275 35 Acres* 75 75 30 1200 1200 - - 35 Acres 35 60 * May be reduced by ½ in the case of two family dwellings. (3) Permitted Uses A. LAND USE IN FARMLAND PRESERVATION ZONING DISTRICT; GENERAL. Only the following land uses are allowed in a farmland preservation zoning district: 1. Uses allowed under section B without a conditional use permit. 2. Uses allowed under section C with a conditional use permit. 3. Prior nonconforming uses, subject to Section 6 (Non-Conformity) of this Zoning Code. AB. PERMITTED USES BY RIGHT 1. Exclusive agricultural uses with the following exceptions: a. On parcels 35 acres or larger, the only residence allowed as permitted uses are those to be occupied by a person who, or a family at least one member of which, earns a substantial part of his or her livelihood from farm operations on the parcel, or is a parent or child of the operator of the farm. Pre-existing residences located in areas subject to zoning under this section which do not conform to this paragraph may be continued in residential use and may be exempted from any limitations imposed or authorized under s. 62.23(7)(h), if they comply with regulations of the RC-3 District. RC-3 Regulations: Lot size: Area 40,000 SF Width 150 ft. Density: 40,000 SF Location: Setback 50 ft Offset 20 ft Size: 1200 SF Open Space: 30,000 SF Height: Principal 30 ft Access. 25 ft 2. Agricultural uses and accessory uses on farms which are normal for agricultural purposes, except that a conditional use permit is required under section C(3) for the following agricultural uses and accessory uses: a. A new or expanded facility used to keep cattle, swine, poultry, sheep, or goats Formatted: Indent: Left: 0.2", Hanging: 0.8", Space After: if that facility will have more than 500 animal units. 0 pt 3. Undeveloped natural resource and open space areas. Formatted: Font: 11 pt, Font color: Auto Formatted: List Paragraph, Indent: Left: 0.44", Hanging: 0.56", Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.45" + Indent at: 1.25" Formatted: Font: 11 pt, Font color: Auto Formatted: Font: 11 pt, Font color: Auto Formatted: List Paragraph, Indent: Hanging: 0.2", Space After: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.95" + Indent at: 1.2" Formatted: List Paragraph, Indent: Left: 0.44", Hanging: 0.56", Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.45" + Indent at: 1.25" Formatted: Font: 11 pt, Font color: Auto Formatted: Indent: Left: 0.5", Space After: 0 pt, No bullets or numbering Ord. #1353 Page 3 4. Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specified place, or that are authorized to be located in a specific place under a state or federal law that preempts the Formatted: List Paragraph, Indent: Left: 0.44", Hanging: requirement of a conditional use permit for that use. 0.56", Space After: 0 pt, Numbered + Level: 1 + Numbering 1. Exclusive agricultural uses with the following exceptions: Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: a. On parcels 35 acres or larger, the only residence allowed as permitted uses are those to be occupied by a person who, or a family at least one member of which, earns a substantial 0.45" + Indent at: 1.25" part of his or her livelihood from farm operations on the parcel, or is a parent or child of the operator of the farm. Pre-existing residences located in areas subject to zoning under Formatted: Font: 11 pt, Font color: Auto this section which do not conform to this paragraph may be continued in residential use and may be exempted from any limitations imposed or authorized under s. 62.23 (7)(h), if they comply with regulations of the RC-3 District. RC-3 Regulations: Lot size: Area 40,000 SF Width 150 ft. Density: 40,000 SF Location: Setback 50 ft Offset 20 ft Size: 1200 SF Open Space: 30,000 SF Height: Principal 30 ft Access. 25 ft b. Proposed division for purposes of farm consolidation and if permitted by local regulations, farm residences or structures which existed prior to the adoption of the ordinance may be separated from a larger farm parcel. B. PERMITTED ACCESSORY USES 1. Any accessory use, which is normal for agriculture purposes. 2. Any accessory use as permitted in the RCE District. Accessory structures for the explicit purposes of “Agriculture and Agricultural Activities” as defined in this Ordinance shall be exempt from the requirements outlined in Section 18. C. PERMITTED USE BY CONDITIONAL GRANT 1. General a. The City of Muskego may issue a conditional use permit for a proposed land use identified in this section if the proposed land use meets applicable conditions under this section. b. Before issuing a conditional use permit under par. A. the City of Muskego shall determine in writing that the proposed use meets applicable conditions under this section. The City of Muskego may issue the permit subject to any additional conditions which the City of Muskego deems necessary to carry out the purposes of this ordinance. 2. Nonfarm Residences. The City of Muskego may issue a conditional use permit for a proposed nonfarm residence if all the following standards will be met when the approved nonfarm residence comes into existence: a. If the nonfarm residence will be located in a base farm tract: 1. The ratio of nonfarm residential acreage to farm acreage in the base farm tract will not exceed 1:20. 2. There will be no more than 1 dwelling unit in nonfarm residences, per parcel in a base farm tract. b. Neither the nonfarm residence, nor the parcel on which the nonfarm residence is located, will do any of the following: 1. Convert prime farmland, or cropland other than a woodlot, from agricultural use if there is a reasonable alternative available to the permit applicant. Formatted: Font: Bold Formatted: Indent: Left: 0.5", Hanging: 0.5", Space After: 0 pt Formatted: Indent: Left: 1", Space After: 0 pt Formatted: Indent: Left: 0.5", Hanging: 0.5", Space After: 0 pt Formatted: Font: Bold Formatted: Indent: Left: 1", Space After: 0 pt Formatted: Indent: Left: 1.5", Space After: 0 pt Formatted: Indent: Left: 1", Space After: 0 pt Formatted: Indent: Left: 1.5", Space After: 0 pt Ord. #1353 Page 4 2. Significantly impair or limit the current or future agricultural use of any other protected farmland. 3. Nonfarm Residences-Existing. Proposed division for purposes of farm consolidation and if permitted by local regulations, farm residences or structures which existed prior to the adoption of the ordinance may be separated from a larger farm parcel. 4. Agricultural Related and Accessory Uses on Farms. The City of Muskego may issue a conditional use permit for any of the following agricultural uses or accessory uses: Formatted: Font: Bold a. A new or expanded facility that will be used to keep cattle, swine, poultry, sheep, or goats if that facility will have more than 500 animal units, if the proposed facility meets the standards prescribed in ch. ATCP 51, Wis. Adm. Code. a. b. Animal hospitals for use primarily with farm animals. Formatted: Indent: Left: 0.5", Hanging: 0.5", Space After: b. c. Cheese factory. c. d. Farm implementing business. 0 pt d. e. Blacksmith shop or machine shed for the maintenance and repair of farm machinery, equipment and vehicles. Formatted: Font: Bold e. f. Public utility offices and installations (subject to requirements in WI Stat. 91.46(4). Formatted: Font: Bold D. REZONING LAND OUT OF A FARMLAND PRESERVATION ZONING DISTRICT. 1. Except as provided in sub. (2), the City of Muskego may not rezone land out of a Formatted: Indent: Left: 1", Space After: 0 pt, No bullets farmland preservation zoning district unless the City of Muskego does all the following or numbering, Tab stops: 1.38", List tab prior to the rezoning: a. Finds all the following in writing, after public hearing, as part of the official record of the rezoning: Formatted: Indent: Left: 1", Space After: 0 pt 1. The rezoned land is better suited for a use not allowed in the farmland Formatted: Indent: Left: 1", Space After: 0 pt, No bullets preservation zoning district. or numbering, Tab stops: 1.38", List tab 2. The rezoning is consistent with the comprehensive plan, adopted by the city of Muskego, which is in effect at the time of the rezoning. 3. The rezoning is substantially consistent with the Waukesha County Farmland Preservation Plan, certified under ch. 91, Wis. Stats., which is in effect at the time of rezoning. 4. The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland. 2. Subsection (1) does not apply to any of the following: a. A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under ch. 91, Wis. Stats. Formatted: Justified, Indent: First line: 0.25" b. A rezoning that makes the farmland preservation zoning ordinance map more consistent with the Waukesha County Farmland Preservation Plan map, certified under Formatted: Justified, Indent: Left: 0.5", Hanging: 0.5" ch. 91, Wis. Stats., which is in effect at the time of rezoning. E. DEFINITIONS. In this section 8.35 farmland preservation ordinance: (1) “Accessory use” means any of the following land uses on a farm: Formatted: Justified, Indent: Left: 1.5" Formatted: Justified, Indent: Left: 1" Formatted: Justified Ord. #1353 Page 5 (a) A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. This may include, for example: 1. A facility used to store or process raw agricultural commodities, all of which are produced on the farm. 2. A facility used to keep livestock on the farm. 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. 5. A wind turbine or solar energy facility that collects wind or solar energy on the farm, and uses or transforms it to provide energy primarily for use on the farm. 6. A manure digester, bio-fuel facility, or other facility that produces energy primarily from materials grown or produced on the farm, primarily for use on the farm. 7. A waste storage or processing facility used to store or process animal waste produced solely from livestock kept on the farm. (b) An activity or business operation that is an integral part of, or incidental to, an agricultural use. (c) A farm residence, including normal residential appurtenances. (d) A business, activity, or enterprise, whether or not associated with an agricultural use, which meets all of the following requirements: 1. It is conducted on a farm by an owner or operator of that farm. 2. It requires no buildings, structures, or improvements other than those described in par. (a) or (c). 3. It does not impair or limit the current or future agricultural use of the farm or other protected farmland. (2) “Agricultural use” means any of the following activities conducted for the purpose of producing an income or livelihood: (a) Crop or forage production. (b) Keeping livestock. (c) Beekeeping. (d) Nursery, sod, or Christmas tree production. (e) Floriculture. (f) Aquaculture. Ord. #1353 Page 6 (g) Fur farming. (h) Forest management. (i) Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program. (3) “Agriculture-related use” means a facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose: (a) Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms, including farms in the farmland preservation zoning district. (b) Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the farmland preservation zoning district. (c) Slaughtering livestock, including livestock from farms in the farmland preservation zoning district. (d) Marketing livestock to or from farms, including farms in the farmland preservation zoning district. (e) Processing agricultural by-products or wastes received directly from farms, including farms in the farmland preservation zoning district. (4) “Base farm tract” means all land, whether one parcel or 2 or more contiguous parcels, which is in a farmland preservation zoning district and is part of a single farm on the date on which DATCP first certifies the farmland preservation zoning text, regardless of any subsequent changes in the size of the farm. (5) “Common ownership” means ownership by the same person or persons, or by persons that are all wholly owned by the same person or persons. “Common ownership” includes joint tenancy and tenancy in common. Solely for purposes of this definition, a parcel owned by one member of a married couple is deemed to be owned by the married couple. (6) “Contiguous” means adjacent to or sharing a common boundary. “Contiguous” land includes land that is separated only by a river, stream, section line, public road, private road, railroad, pipeline, transmission line, or transportation or transmission right-or-way. Parcels are not “contiguous” if they meet only at a single point. (7) “Farm” means all land under common ownership that is primarily devoted to agricultural use. For purposes of this definition, land is deemed to be primarily devoted to agricultural use if any of the following apply: (a)The land produces at least $6,000 in annual gross farm revenues to its owner or renter, regardless of whether a majority of the land area is in agricultural use. (b)A majority of the land area is in agricultural use. (8) “Farm acreage” means, the combined total acreage of all of the following in the “base farm tract:” (a) Farms. Ord. #1353 Page 7 (b)Open space parcels. (9) “Farm residence” means any of the following structures located on a farm: (a)A single-family residence that is the only residential structure on the farm. (b)A single-family residence that is occupied by any of the following: 1. An owner or operator of the farm. 2. A parent or child of an owner or operator of the farm. 3. An individual who earns more than 50 percent of his or her gross income from the farm. (c) A migrant labor camp that is certified under s. 103.92, Wis. Stats. (10) “Gross farm revenue” means gross receipts from agricultural uses, less the cost or other basis of livestock or other agricultural items purchased for resale which are sold or otherwise disposed of during the taxable year. “Gross farm revenue” includes receipts accruing to a renter, but does not include rent paid to the land owner. (11) “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish. (12) “Nonfarm residence” means any residence other than a farm residence. (13) “Nonfarm residential acreage” means the combined total acreage of all parcels on which nonfarm residences are located, all parcels on which the City of Muskego has approved nonfarm residences and the parcel to which the conditional use permit application pertains. (14) “Open space parcel” means a parcel on which no buildings, other than hunting blinds or small sheds, have been constructed or approved for construction. (15) “Person” means an individual, corporation, partnership, limited liability company (LLC), trust, estate or other legal entity. (16) “Prime farmland” means all of the following: (a) An area with a class I or class II land capability classification as identified by the Natural Resources Conservation Service of the United States Department of Agriculture. (b) Land, other than land described in par. (a), which is identified as prime farmland in the county’s certified farmland preservation plan. (17) “Prior nonconforming use” means a land use that does not comply with this farmland preservation zoning ordinance, but which lawfully existed prior to the application of this ordinance. (18) “Protected farmland” means land that is any of the following: (a) Located in a farmland preservation zoning district certified under ch. 91, Wis. Stats. Ord. #1353 Page 8 (b) Covered by a farmland preservation agreement under ch. 91, Wis. Stats. (c) Covered by an agricultural conservation easement under s. 93.73, Wis. Stats. (d) Otherwise legally protected from nonagricultural development. Formatted: List Paragraph, Justified, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.88" + Indent at: 1.13"