(a) Purpose.
(1) The A-2 Agriculture Enterprise District is intended to preserve and promote a full range of agricultural uses, secure land for livestock production and other agricultural uses that may be more intensive than crop production, strengthen agriculture's contribution to the Village of Edgar's taxbase, support valued-added and other activities closely allied to the agriculture industry, and prevent the conversion of land identified as a valuable agricultural resource to uses that are not consistent with agriculture. The A-2 District's uses and regulations are intended to implement Comprehensive Plan goals by encouraging livestock and other intensive agricultural uses in areas where conditions are best suited to these agricultural pursuits, and discouraging residential development to avoid potential land use conflicts. Due to the more intensive nature of uses allowed, the A-2 District is not intended to be applied near moderately to densely populated areas, and it is not intended to accommodate residential uses as principal uses. The A-2 Distict is also intended to be compatible with any "exclusive agricultural" land use designation in the Village Comprehensive Plan or pursuant to Chapter 91, Wis. Stats.
(2) The standards of Sec. 93.90, Wis. Stats. (Livestock Facility Siting Law), and ATCP, Wis. Adm. Code are adopted and incorporated herein by reference.
(b) Permitted Uses. The following are permitted uses in the A-2 District without any further noticed approval to or from the Village of Edgar:
(1) Agriculture uses, including livestock facilities under five hundred (500) units.
(2) One (1) agricultural-related residence.
(3) Value-added agriculture.
(4) Roadside stands.
(5) Agricultural research facilities.
(6) Commercial stables.
(7) Home occupations and professional home offices per Section 13-1-93.
(8) Siting and construction of any new mobile support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per Section 13-1-182.
(9) Other agriculturally-related structures and improvements.
(c) Conditional Uses. The following uses may be allowed as conditional uses in the A-2 District if reviewed and approved in accordance with the standards in Article E of this Chapter:
(1) Livestock facilities over five hundred (500) animal units.
(2) Agricultural sales and service.
(3) Agricultural grain and commodity storage.
(4) Commercial communications and wind energy towers.
(5) Mineral extraction and mining complying with all regulatory requirements.
(6) Agricultural packing and processing.
(7) Siting and construction of any new mobile support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per Section 13-1-182.
(d) Minimum Parcel Area.
(1) No building, structure or use shall be established on any parcel less than forty (40) acres.
(2) The minimum lot size may be permitted to be reduced by action of the Village Board to twenty (20) acres for agricultural buildings and structures if required for biosecurity or other legitimate research- or operation-related reasons.
(e) Property Line Setbacks.
(1) Except as provided for waste storage structures, livestock structures shall be located a minimum of one hundred (100) feet from a property line if the livestock facility will have fewer than one thousand (1,000) animal units, and two hundred (200) feet from a property line if the livestock facility will have one thousand (1,000) or more animal units.
(2) This setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the original effective date of this setback requirement, except that a structure may not be expanded closer to a property line.
(3) Any residence in an A-2 District shall conform to the property line setback requirements of the A-1 District.
(f) Public Right-of-Way Setbacks.
(1) Except as provided for waste storage structures, livestock structures shall be located a minimum of one hundred (100) feet from a public right-of-way if the livestock facility will have fewer than one thousand (1,000) animal units, and one hundred fifty feet (150) feet from a public right-of-way if the livestock facility will have one thousand (1,000) or more animal units.
(2) This setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the original effective date of this setback requirement, except that a structure may not be expanded closer to the public right-of-way.
(3) Any residence in the A-2 District shall conform to the right-of-way setback requirements of the A-1 District.
(g) Waste Storage Structure.
(1) A new waste storage structure shall not be located within three hundred and fifty (350) feet of a property line, or within three hundred and fifty (350) feet of the nearest point of any public road right-of-way.
(2) A single new waste storage structure may be constructed closer to the property line or public road right-of-way if a new structure is:
a. Located on the same tax parcel as a waste storage structure in existence before May 1, 2006.
b. No larger than the existing structure.
c. No further than fifty (50) feet from the existing structure.
d. No closer to the road or property line than the existing structure.
(3) This setback requirement does not apply to existing waste storage structures, except that an existing structure within three hundred and fifty (350) feet of a property line or road right-of-way may not expand toward that property line or road right-of-way.
(h) Setbacks for Navigable Waters and Wetlands. A livestock facility shall comply with setback and related requirements in any applicable shoreland or wetland zoning ordinances enacted within the scope of authority granted under Sections 59.692, 61.351 or 62.231, Wis. Stats. [Note: Essentially all navigable waters are now protected by ordinances that require building setbacks of seventy-five (75) feet or more].
(i) Setbacks for Floodplains. A livestock facility shall comply with setback and related requirements in any applicable floodplain zoning ordinance that is enacted within the scope of statutory authority under Section 87.30, Wis. Stats.
(j) Setbacks for Wells. All wells located within a livestock facility shall comply with the requirements of Chapters NR 811 and NR 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chapters NR 811 and NR 812, Wis. Adm. Code, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006 may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.
(k) Compliance with State Runoff Requirements. Livestock operations under this Section shall comply with state runoff regulations prescribed in NR 151 and ATCP 50, Wis. Adm. Code.
State Law Reference: Sec. 93.90, Wis. Stats.; ATCP 50 and 51, Wis. Adm. Code; NR 151, Wis. Adm. Code.