Zoning Code | Procedures - Special Use for Livestock Operations

Description: New or expanded livestock operations that will have 500 or more animal units are subject to the procedures and requirements of Division 5 of Article 6 of the zoning code.

Application fee: None

Submittal deadline: The zoning administrator must determine the application is complete and ready for review at least 4 weeks before the Plan Commission meeting, which is typically held the first Monday of the month.

Decision maker(s): Plan Commission
 
Basis of decision: The Plan Commission in making its decision shall consider whether the application complies with the standards in s. 500.527 and other provisions of the zoning code as may be applicable.

Review process:
  1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the zoning administrator to review applicable regulations and procedures and the proposed livestock operation.
  2. Submittal of application materials. The applicant shall submit 4 copies of the completed application form and worksheets prescribed by s. ATCP 51.30, Wis. Admin Code, to the zoning administrator along with the application fee as may be established by the Town Board.
  3. Determination of completeness. Within 45 days of submittal, the zoning administrator shall determine whether the application is complete or incomplete. If the zoning administrator determines that the application is incomplete, he or she shall send the applicant a written notice that describes the reason or reasons why the application is incomplete. If the zoning administrator determines that the application is complete, he or she shall send a written notice to the applicant within 14 days of such determination.
  4. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and town board, the applicant, and any other person upon request.
  5. Notice to adjacent property owners. Within 14 days of a determination of completeness, the zoning administrator shall mail a completed notice as in ch. ATCP 51, Wis. Admin. Code (Appendix C) to the recorded owner of each parcel of land that is adjacent to the proposed livestock facility. Such notices shall be mailed by first class mail. Failure to comply with the notice requirement under this subsection does not invalidate the approval of a proposed livestock facility, or create a cause of action by a property owner against the Town of Eagle or any town committee, board, employee, or other agent.
  6. General notice. Consistent with division 2 of article 5, the zoning administrator shall provide for meeting agenda notice in addition to the special notice sent to the adjoining property owners in the previous step.
  7. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
  8. Decision. The Plan Commission shall (i) approve the application, (ii) approve the application with conditions, or (iii) deny the application based on the decision criteria contained in this division. The Plan Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 90 days after the zoning administrator determines the application is complete unless the applicant agrees to an extension of a specified duration. The Plan Commission may, with or without the consent of the applicant, extend the review period with good cause, including a determination that (i) it needs more time to obtain additional information needed to act on the application, (ii) the applicant materially modified the application following a determination of completeness, or (iii) the applicant requested an extension. If the review period is extended, the zoning administrator shall provide the applicant with a written notice of such decision that contains a date by which the Plan Commission will act on the application.
  9. Preparation of decision notice. Based on the action of the Plan Commission, the zoning administrator shall prepare a decision notice consistent with this division and give a copy to the applicant.
  10. Recordation of approval. If the application is approved, the applicant may record such decision in the Waukesha County register of deeds office.
  11. DATCP notification of decision. The zoning administrator shall send a copy of the decision notice, within 30 days of such decision, to the Wisconsin Department of Agriculture, Trade and Consumer Protection by mail or fax as follows:  Mail -- Wisconsin Department of Agriculture, Trade and Consumer Protection; Agricultural Resource Management Division; Bureau of Land and Water Resources; PO Box 8911; Madison, WI 53708−8911 / Fax: (608) 224−4615. Failure to comply with this notice requirement shall not invalidate such decision.
  12. Compilation of public record. The zoning administrator shall compile all of the materials specified in s. 500.527.
 
Note: This process was first established by the 2016 code rewrite.