Table of contents 17. 01 Authority 17-1 17. 02 Purpose 17-1



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      1. Roadside stand.

        1. Not to exceed 200 square feet in size.

        2. Products must be produced on site.

      2. Horse Boarding, in accordance with sec. 91.01(1), Wis. Stats.




    1. Agriculture-related uses.




    1. Home occupations, consistent with ch. 91, Wis. Stats.




    1. Conservancy, including open space uses, hiking trails, undeveloped natural resource areas, and other similar uses. Also including small accessory structures to service such uses.




    1. A transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is 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.




    1. Other uses that may be identified by the Department of Agriculture, Trade, and Consumer Protection (DATCP) by rule.




    1. Farm residence, as defined in sec. 17.09(45) of this Chapter, with a minimum ground floor area of 800 square feet.




    1. Manufactured homes, if such home is the farm residence.




    1. Conditional Uses. The following uses may be conditionally approved in the A-1 Farmland Preservation District in accordance with sec. 17.51 Conditional Uses of this Chapter:




  1. Home-based businesses, consistent with sec. 91.01(1)(d), Wis. Stats.




  1. Nonfarm residences consistent with sec. 17.33(5) of this Chapter.




  1. Nonfarm residential clusters consistent with sec. 17.33(6) of this Chapter.




  1. Transportation, communications, pipeline, electric transmission, utility, or drainage uses consistent with sec. 17.33(7) of this Chapter.




  1. Governmental, institutional, religious, or nonprofit community uses, including cemeteries and public parks, consistent with sec. 17.33(8) of this Chapter.




  1. Nonmetallic mineral extraction consistent with sec. 17.33(9) of this Chapter.




  1. Oil and gas exploration or production that is licensed by the Wisconsin Department of Natural Resources (WDNR) under SubChapter II of ch. 295, Wis. Stats. or subsequent statutes.




  1. Other uses that may be allowed as Conditional Uses by the Department of Agriculture, Trade and Consumer Protection (DATCP) by rule.




  1. Nonfarm residences in existence as of insert date of DATCP certification.




    1. Conditional Accessory Uses. The following accessory uses may be conditionally approved in the A-1 Farmland Preservation District in accordance with sec. 17.51 Conditional Uses of this Chapter:




  1. The following agricultural accessory use: Agri-tourism.




    1. Nonfarm Residences. A proposed new nonfarm residence or a proposal to convert a farm residence to a nonfarm residence through a change in occupancy qualifies for the purposes of sec. 17.33(4)(b) of this Chapter if the Plan Commission determines that all of the following apply:




  1. The ratio of nonfarm residential acreage to farm acreage on the base farm tract on which the residence is or will be located will not be greater than 1 to 20 (1:20) after the residence is constructed or converted to a nonfarm residence.




  1. There will not be more than four dwelling units in nonfarm residences, nor, for a new nonfarm residence, more than five dwelling units in residences of any kind, on the base farm tract after the residence is constructed or converted to a nonfarm residence.




  1. The location and size of the proposed nonfarm residential lot, and, for a new nonfarm residence, the location of the nonfarm residence on that nonfarm residential parcel, will not do any of the following:




              1. Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a nonfarm residential parcel or nonfarm residence.

              2. Significantly impair or limit the current or future agricultural use of other protected farmland.




  1. Nonfarm residential dwellings shall comply in all respects with the residential requirements for one-family and two-family homes in the A-1 District.




  1. A nonfarm residential lot created from a base farm tract shall be no smaller than 1.5 acres (65,340 square feet).

Note - A minimum base farm tract size of 31.5 acres is required in order to build one nonfarm residence; 63 acres to build two; 94.5 acres to build three; and, 126 acres to build four.




  1. The minimum frontage shall be 150 feet for nonfarm residential parcels.




  1. The minimum lot width shall be 150 feet at the minimum road setback (or “build line”) for nonfarm residential parcels.




  1. The minimum road setback (or “front yard”) is as provided generally in sec. 17.50 Highway and Riparian Setback Requirements of this Chapter and more specifically, as the greater of 100 feet from the centerline or 65 feet from the right-of-way with one exception. Any dwelling or structure constructed between two existing dwellings or structures that exist 150 feet or less apart may be constructed with a minimum road setback equal to the average of the road setbacks for the two existing dwellings or structures. All setbacks from County, State, and Federal Highways shall comply with the appropriate County and State setback requirements.




  1. The maximum setback shall be 350 feet from the right-of-way for all structures and dwellings on nonfarm residential parcels.




  1. The minimum side yard setback shall be 15 feet for all dwellings and attached garages on nonfarm residential parcels.




  1. The minimum side yard setback for detached garages and accessory structures shall be 15 feet for the first 1,100 square feet plus 10 feet for each additional 1 to 600 square feet on nonfarm residential parcels.




  1. The minimum rear yard setback shall be 25 feet for all dwellings and attached garages on nonfarm residential parcels.




  1. The minimum rear yard setback for detached garages and accessory structures shall be 25 feet for the first 1,100 square feet plus 10 feet for each additional 1 to 600 square feet on nonfarm residential parcels.




  1. The maximum height for all structures and dwellings shall not exceed 35 feet measured from the average elevation of the finished grade at the building face abutting a road on nonfarm residential parcels.




    1. Nonfarm Residential Cluster. The Plan Commission may issue one Conditional Use permit that covers more than one nonfarm residence in a qualifying nonfarm residential cluster. A nonfarm residential cluster qualifies for the purposes of sec. 17.33(3)(c) of this Chapter if all of the following apply:




  1. The lots on which the nonfarm residences would be located are contiguous.




  1. Each nonfarm residences satisfies the requirements under sec. 17.33(5) Nonfarm Residences of this Chapter.




    1. Transportation, Communications, Pipeline, Electric Transmission, Utility, or Drainage Use. A transportation, communications, pipeline, electric transmission, utility, or drainage use qualifies for the purposes of sec. 17.33(3)(d) of this Chapter if the Plan Commission determines that all of the following apply:




  1. The use and its location in the A-1 Farmland Preservation District are consistent with the purposes of the A-1 Farmland Preservation District.




  1. The use and its location in the A-1 Farmland Preservation District are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.




  1. The use is reasonably designed to minimize conversion of land, at and around the site of the use, from agricultural use or open space use.




  1. The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.




  1. Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.




    1. Governmental, Institutional, Religious, or Nonprofit Community Use. A governmental, institutional, religious, or nonprofit community use qualifies for the purposes of sec. 17.33(3)(e) of this Chapter if the Plan Commission determines that all of the following apply:




  1. The use and its location in the A-1 Farmland Preservation District are consistent with the purposes of the A-1 Farmland Preservation District.




  1. The use and its location in the A-1 Farmland Preservation District are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.




  1. The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.




  1. The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.




  1. Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.




    1. Nonmetallic Mineral Extraction. Nonmetallic mineral extraction qualifies for the purposes of sec. 17.33(3)(f) of this Chapter if the Plan Commission determines that all of the following apply:




  1. The operation complies with subchapter I of ch. 295, Wis. Stats., and rules promulgated under that subchapter, with applicable provisions of the local ordinance under ss. 295.13 or 295.14, Wis. Stats., or subsequent Wis. Stats., with any applicable requirements of the Wisconsin Department of Transportation, Fond du Lac County, and/or East Central Wisconsin Regional Planning Commission concerning the restoration and reclamation of nonmetallic mining sites, and with sec. 17.36(3)(e) of this Chapter.




  1. The operation and its location in the A-1 Farmland Preservation District are consistent with the purposes of the A-1 Farmland Preservation District.




  1. The operation and its location in the A-1 Farmland Preservation District are reasonable and appropriate, considering alternative locations outside the A-1 Farmland Preservation District, or are specifically approved under state or federal law.




  1. The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use.




  1. The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.




  1. The owner must restore the land to agricultural use, consistent with any required locally approved reclamation plan, when extraction is completed.




    1. Standards for Rezoning. By March 1st of each year the Town of Eldorado shall provide to the Department of Agriculture, Trade and Consumer Protection (DATCP) and Fond du Lac County a report of the number of acres zoned out of the A-1 Farmland Preservation District during the previous year and a map that clearly shows the location of those acres. Decisions on petitions for rezoning areas zoned for farmland preservation use shall be based on findings, after holding a Pubic Hearing, which consider the following:




  1. The land is better suited for a use not allowed in the A-1 Farmland Preservation District.




  1. The rezoning is consistent with any applicable comprehensive plan.




  1. The rezoning is substantially consistent with the county certified farmland preservation plan.




  1. The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.




    1. Dimensions of Building Sites for Unsewered One and Two-Family Dwellings. The following dimensions shall apply in the A-1 Farmland Preservation District:




  1. There shall be no minimum lot size for parcels in the A-1 District, except as specifically provided elsewhere in this Section.




  1. The minimum frontage shall be 200 feet.




  1. The minimum lot width shall be 200 feet at the minimum road setback (or “build line”).




    1. Setbacks. The following setbacks shall apply in the A-1 Farmland Preservation District:




  1. The minimum road setback (or “front yard”) is as provided generally in sec. 17.50 Highway and Riparian Setback Requirements of this Chapter and more specifically, as the greater of 100 feet from the centerline or 65 feet from the right-of-way. All setbacks from County, State, and Federal Highways shall comply with the appropriate County and State setback requirements.




  1. The maximum setback shall be 350 feet from the right-of-way for all dwellings and non-agricultural structures. There is no maximum setback for agricultural structures.




  1. The minimum side yard setback shall be 25 feet for all dwellings and attached garages.




  1. The minimum side yard setback for all detached garages and accessory structures shall be 50 feet.




  1. The minimum rear yard setback shall be 40 feet for all dwellings, attached garages, detached garages and accessory structures.




  1. The minimum setback for riparian lots shall be 100 feet; riparian lot setbacks shall comply with applicable county ordinance and state law.




    1. Garages and Accessory Structures. The following shall apply in the A-1 Farmland Preservation District:




  1. The maximum floor area for a garage attached to a dwelling shall not exceed 1,500 square feet.




  1. There shall be no maximum floor area for detached garages and accessory structures.




    1. Maximum Height. The maximum height for all dwellings and attached garages shall not exceed 35 feet measured from the average elevation of the finished grade at the building face abutting a road. There shall be no maximum height for detached garages or accessory structures.




    1. Sanitary Sewers and Private Onsite Wastewater Treatment Systems. The following shall apply in the A-1 Farmland Preservation District:




  1. Where soil conditions are such as to require larger lot sizes for subdivisions of land under the provisions of ch. SPS 383, Wis. Adm. Code and/or ch. SPS 385, Wis. Adm. Code or subsequent regulations, or the Sanitary and Private Sewage System Ordinance of Fond du Lac County, then such larger lot sizes shall be considered as required by this Chapter.




  1. The Building Permit Officer shall require a sanitary permit issued by the County Sanitarian under the County Sanitary Ordinance prior to issuing a Town Building permit.




    1. A-2 General Agricultural District.




  1. Purpose. The A-2 General Agricultural District is intended to maintain open land areas predominantly devoted to farming and agricultural related uses. It is anticipated that while certain areas within this district will eventually be used for non-agricultural uses; the intensity of development will remain significantly limited due to a lack of urban facilities and services. It is also intended that this district provide for small-scale, family-oriented businesses on a case-by-case basis.




  1. Permitted Uses. The following uses are permitted within the A-2 General Agricultural District:




    1. Agricultural Uses except the following:




      1. Non-farm residences.

      2. Transportation, communication, pipeline, electric transmission, utility, or drainage uses consistent with sec. 17.33(8) of this Chapter.

      3. Non-metallic mining operations.

      4. Other uses as identified by the Department of Agriculture, Trade and Consumer Protection (DATCP).




    1. Public and semi-public non-profit institutional uses of a similar nature.




    1. Parks, preserves and golf courses.




    1. One animal unit per acre.




    1. One-family dwellings, with a minimum ground floor area of 800 square feet.




    1. Two-family dwellings, with a minimum ground floor area of 800 square feet.




    1. Manufactured homes subject to the requirements of sec. 17.17 Manufactured Homes of this Chapter.




    1. Home occupations.




  1. Permitted Accessory Uses. The following accessory uses are permitted in A-2 General Agricultural District:




    1. Forest and game management.




    1. Swimming pools. Pools must be fenced in accordance with sec. 17.20 Fences of this Chapter. Side yard and rear yard setbacks are for swimming pools are consistent with the side yard and rear yard setbacks for permitted accessory structures in the same district.




    1. Fences, consistent with sec. 17.20 Fences of this Chapter.




    1. Personal energy systems, including but not necessarily limited to:




        1. One small wind turbine intended to supply energy for personal use or to sell back to the grid, consistent with ch. PSC 128, Wis. Adm. Code.

        2. Conventional photovoltaic solar arrays, flexible solar arrays, and similar energy systems.

        3. Solar thermal energy systems.

        4. Geothermal pumps and energy systems.

        5. Outdoor wood-fired boilers.




    1. Other personal energy systems as defined in any current or future Town of Eldorado Personal Energy Systems Ordinance.




    1. Roadside stand.




      1. Not to exceed 200 square feet in size.

      2. Products must be produced on site.




  1. Permitted Accessory Structures. The following accessory structures are permitted in the A-2 General Agricultural District:




    1. Detached garages.




    1. Garden sheds.




    1. Gazebos.




    1. General farm buildings, including: barns, silos, sheds, and storage bins.




    1. Structures deemed by the Plan Commission to be similar in nature to the structures identified above.




  1. Conditional Uses. The following uses may be conditionally approved in the A-2 General Agricultural District in accordance with sec. 17.51 Conditional Uses of this Chapter:




    1. Home-based businesses.




    1. Multi-family housing conforming to the requirements of sec. 17.16 of this Chapter.
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