Farmland preservation definitions. For the purposes of §
350-27 of this chapter, the following definitions shall be used. Please see §
350-77 for conventional zoning district definitions.
ACCESSORY USE
Within the A-1 Zoning District, any of the following land
uses on a farm:
(1)
A building, structure, or improvement that is an integral part
of, or is incidental to, an agricultural use. This may include, for
example:
(a)
A facility used to store or process raw agricultural commodities,
all of which are produced on the farm.
(b)
A facility used to keep livestock on the farm.
(c)
A facility used to store or process inputs primarily for agricultural
uses on the farm.
(d)
A facility used to keep or service vehicles or equipment primarily
employed in agricultural uses on the farm.
(e)
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.
(f)
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.
(g)
A waste storage or processing facility used to store or process
animal waste produced solely from livestock kept on the farm.
(2)
An activity or business operation that is an integral part of
or incidental to an agricultural use.
(3)
A farm residence, including normal residential appurtenances.
(4)
Any other use that DATCP, by rule, identifies as an accessory
use.
AGRICULTURAL USE
Any of the following activities conducted for the purpose
of producing an income or livelihood:
(1)
Crop or forage production.
(4)
Nursery, sod, or Christmas tree production.
(9)
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
(10)
Any other use that the Department of Agriculture, Trade and
Consumer Protection, by rule, identifies as an agricultural use.
AGRICULTURE-RELATED USE
An agricultural equipment dealership, facility providing
agricultural supplies, facility for storing or processing agricultural
products, or facility for processing agricultural wastes. In addition,
any use that the Department of Agriculture, Trade and Consumer Protection
identifies by rule as an agriculture-related use. An "agriculture-related
use" must be primary (not just incidentally) related to agriculture,
and must have a direct connection to agriculture uses in the A-1 Zoning
District.
COMMON OWNERSHIP
(1)
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.
(2)
Land is deemed to be under "common ownership," for purposes
of this chapter, if it is all owned by the same individual, married
couple, joint tenants, and tenants in common, corporation, LLC, partnership,
estate or trust. If land parcels are owned by separate legal entities,
but those legal entities are all wholly owned by exactly the same
person or persons, those land parcels are deemed to be under "common
ownership" for purposes of this chapter.
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination
as a permitted use in a district. Conditional uses as used in the
A-1 Farmland Preservation Zoning District must meet the requirements
of § 91.46, Wis. Stats.
CONTIGUOUS
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-of-way. Parcels are not "contiguous"
if they meet only at a single point.
DOG BREEDER
A person who in any license year sells at least 25 dogs,
from more than three litters, which that person has bred and raised
in this state. A person has bred and raised dogs for purposes of this
definition if that person has owned the dogs from birth until sale,
regardless of whether the person has contracted with an agent to raise
the dogs on real estate owner or occupied by that agent.
[Added 9-21-2021 by Ord. No. 30-2021]
DOG BREEDING FACILITY
A place in this state where dogs are bred and raised and
from which at least 25 dogs from more than three litters are sold
in a license year.
[Added 9-21-2021 by Ord. No. 30-2021]
DOG KENNEL
An establishment, that is not a dog breeding facility, in
which dogs are housed, boarded, groomed, sheltered, protected, trained
or sold for fee or compensation.
[Added 9-21-2021 by Ord. No. 30-2021]
FARM
(1)
All land under common ownership that is primarily devoted to
agricultural use. For the purpose of this definition, land is deemed
to be primarily devoted to agricultural use if 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; or
(b)
A majority (greater than 50%) of the land is in agricultural
use.
(2)
In determining whether land is in agricultural use for purposes
of the definition of "agricultural use," a zoning authority may consider
how the land is classified for property tax purposes. (See Ch. Tax
18, Wis. Adm. Code.)
FARM RESIDENCE
(1)
A single-family or two-family residence that is the only residential
structure on the farm or is occupied by any of the following:
(a)
An owner or operator of the farm.
(b)
A parent or child of an owner or operator of the farm.
(c)
An individual who earns more than 50% of his or her gross income
from the farm.
(2)
To qualify as a "farm residence," a residence must be located
on a "farm." If a farm owner deeds off a residential parcel to another
person (even if that person is the farm owner's parent, child or employee),
the separately owned parcel is no longer part of the original "farm."
A residence built on that parcel does not qualify as a "farm residence"
unless the parcel qualifies as a "farm" in its own right.
GROSS FARM REVENUES
Gross receipts from agricultural use of a farm, excluding
rent receipts, 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 landowner.
LICENSE YEAR
Means the twelve-month period ending on September 30 for
a license granted by the Department of Agriculture, Trade and Consumer
Protection to operate as a dog dealer, dog breeder or as a dog breeding
facility.
[Added 9-21-2021 by Ord. No. 30-2021]
LIVESTOCK
Includes bovine animals, equine animals, goats, poultry,
sheep, swine, farm-raised deer, farm-raised game birds, camelids,
ratites and farm-raised fish.
NONCONFORMING USES OR STRUCTURES
Any structure, land, or water lawfully used, occupied, or
erected at the time of the effective date of this chapter which does
not conform to the regulations of this chapter. Any such structure
conforming in respect to use, but not in respect to frontage, width,
height, area, yard, parking, loading, or distance requirements shall
be considered a nonconforming structure and not a nonconforming use.
OPEN SPACE PARCEL
A parcel on which no buildings, other than hunting blinds
or small sheds, have been constructed or approved for construction.
PERSON
An individual, corporation, partnership, limited liability
company (LLC), trust, estate or other legal entity.
PROTECTED FARMLAND
Land that is any of following:
(1)
Land that is located in the A-1 Farmland Preservation Zoning
District certified under Ch. 91, Wis. Stats.
(2)
Covered by a farmland preservation agreement under Ch. 91, Wis.
Stats.
(3)
Covered by an agricultural conservation easement under § 93.73,
Wis. Stats.
(4)
Otherwise legally protected from nonagricultural development.