This District is intended to accommodate all sizes of agricultural operations, whether by right or as a conditional use, as well as AG-related processing uses. Lands within this District do not have access to village services. The state legislature adopted Wis. Stats. § 93.90 (“Livestock Facility Siting Law”) to govern livestock facilities, which is implemented by administrative rule under Wis. Admin. Code Wis. Admin. Code, Chapter ATCP 51. Terms used in this section that are not defined in Article O, “Definitions” shall be fined using those definitions under Wis. Stats. § 93.90 and Wis. Admin. Code, Chapter ATCP 51. The Livestock Facility Siting Law allows local jurisdictions to review livestock facilities with 500 animal units or more as a conditional use.
(a) Permitted uses.
(1) Agriculture or general farming, including dairying livestock and poultry raising, nurseries, greenhouses, and other similar enterprises or uses, except fur farms and farms operated for the disposal or reduction of garbage, sewage, and rubbish.
(2) New or existing livestock operations which will house fewer than 500 animal units.
(3) Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per Article I.
(4) Agricultural buildings.
(5) Accessory agricultural structures.
(b) Conditional uses.
(1) A new or existing livestock operation, which houses or expands to house 500 or more animal units (see § 13-l-125(p) for conditional use-specific livestock operations). Pursuant to Wis. Admin. Code, § ATCP 51.06(2), approval may not be required for an existing facility unless it expands beyond the previously approved maximum animal units, or expands beyond 20% of the animal units kept before the effective date of the approval requirements.
(2) Siting and construction of any new mobile support structure and/or facility, or Class 1 collocation of a new mobile service facility on an existing support structure, per Article I.
(c) Standards for livestock facilities with 500 animal units or more. A livestock facility with 500 animal units or more shall comply with the following requirements.
(1) Property lines. Except as provided for waste storage structures, livestock structure must be located a minimum of 100 feet from the property line if the livestock facility will have fewer than 1,000 animal units and 200 feet from the property line if the livestock facility will have 1,000 or more animal units. The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the effective date of the setback requirement, except that a structure may not be expanded closer to the property line.
(2) Public road right-of-way. Except as provided for waste storage structures, livestock structures must be located a minimum of 100 feet from the public road right-of-way if the livestock facility will have fewer than 1,000 animal units, and 150 feet from a public road right-of-way if the livestock facility will have 1,000 or more animal units. The setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the effective date of the setback requirement, except that a structure may not be expanded closer to the public road right-of-way.
(3) Waste storage structure. A new waste storage structure may not be located within 350 feet of a property line, or within 350 feet from a property boundary. If any portion of an existing structure is closer than 350 feet from a property boundary line, such structure may be expanded, provided the expansion is not located any closer to the property boundary line than the existing structure. A single new livestock waste storage structure may be constructed closer than 350 feet if such structure:
a. Is located on the same tax parcel as a livestock waste storage structure in existence before May 1, 2006;
b. Is lot larger than the existing structure;
c. Is no further than 50 feet from the existing structure; and
d. Is no closer to the property boundary line than the existing structure. This setback requirement does not apply to existing waste storage structures, except that an existing structure within 30 feet of a property line or road may not expand toward the property line or road.
(4) All wells located within a livestock facility shall comply with Wis. Admin. Code, Chapters NR 811 and 812. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Wis. Admin. Code, Chapters NR 811 and 812, 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.
(Ord. passed 1-18-2021)