For the purposes of this chapter, the following definitions
shall be used. Words used in the present tense include the future,
the singular number includes the plural number, and the plural number
includes the singular number. The word "shall" is mandatory and not
directory.
Within the A-1 Farmland Preservation Zoning District means
any of the following land uses on a farm:
A building, structure, or improvement that is an integral part
of, or is incidental to, an agricultural use.
An activity or business operation that is an integral part of,
or incidental to, an agricultural use.
A farm residence.
A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in Subsection A or C, that employs no more than four full-time employees annually and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.
A use or detached structure subordinate to the principal
use of a structure, land, or water and located on the same lot or
parcel serving a purpose customarily incidental to the principal structure.
Any of the following activities conducted for the purpose
of producing an income or livelihood:
Crop or forage production.
Keeping livestock.
Beekeeping.
Nursery, sod, or Christmas tree production.
Floriculture.
Aquaculture.
Fur farming.
Forest management.
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
Any other use that the Department of Agriculture, Trade and
Consumer Protection, by rule, identifies as an agricultural 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.
Any livestock or poultry operation with 500 or more animal
units that are used in the production of food, fiber, or other animal
products or that will be fed, confined, maintained, or stabled for
a total of 45 days or more in any twelve-month period.
Has the following meaning that was given in § NR
243.03(3), Wis. Adm. Code, as of April 27, 2004:[2] "Animal unit" means a unit of measure used to determine
the total number of single animal types or combination of animal types,
as specified in § NR 243.11, Wis. Adm. Code, which are fed,
confined, maintained or stabled in an animal feeding operation. The
total number of animal units for a given type of animal shall be calculated
by multiplying the number of animals for each animal type by the appropriate
equivalency factor from the following table and summing the products.
The number of combined animal units shall be the sum of the number
of animal units for each animal type. For animal types not listed
in the following table, the equivalency to animal units shall be based
on live animal weights. In these cases, 1,000 pounds of live weight
is equivalent to one animal unit. As referenced to livestock outside
the agricultural districts, an animal unit is defined as one bovine
or equine over the age of six months, five swine, 10 sheep, 10 goats
or 100 fowl.
|
Animal Unit Calculation Table
| ||
|---|---|---|
|
Number Equivalent to 500 Animal Units
|
Animal Type
|
Animal Equivalency Factor
|
|
Dairy cattle:
| ||
|
350
|
Milking and dry cows
|
1.4
|
|
455
|
Heifers (800 to 1,200 pounds)
|
1.1
|
|
835
|
Heifers (400 to 800 pounds)
|
0.6
|
|
2,500
|
Calves (under 400 pounds)
|
0.2
|
|
Beef cattle:
| ||
|
500
|
Steers or cows (600 pounds to market)
|
1.0
|
|
1,000
|
Calves (under 600 pounds)
|
0.5
|
|
350
|
Bulls
|
1.4
|
|
Swine:
| ||
|
1,250
|
Pigs (55 pounds to market)
|
0.4
|
|
5,000
|
Pigs (up to 55 pounds)
|
0.1
|
|
1,250
|
Sows
|
0.4
|
|
5,000
|
Boars
|
0.5
|
|
Sheep:
| ||
|
5,000
|
Per animal
|
0.1
|
|
Horses:
| ||
|
250
|
Per animal
|
2.0
|
|
Ducks:
| ||
|
2,500
|
Per bird (wet lot)
|
0.2
|
|
50,000
|
Per bird (dry lot)
|
0.01
|
|
Chickens:
| ||
|
50,000
|
Layers
|
0.01
|
|
100,000
|
Broilers
|
0.005
|
|
50,000
|
Broilers (continuous overflow watering)
|
0.01
|
|
15,000
|
Layers or broilers (liquid manure system)
|
0.033
|
|
Turkeys:
| ||
|
27,500
|
Per bird
|
0.018
|
|
Combined animal units:
| ||
|
500
|
Calculated total
| |
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways,
and parkways.
All land, whether one parcel or two or more contiguous parcels,
that is in the A-1 Farmland Preservation Zoning District and that
is part of a single farm on October 19, 2010, regardless of any subsequent
changes in the size of the farm. Alternatively, any other tract that
the Department of Agriculture, Trade and Consumer Protection by rule
defines as a base farm tract. For the purposes of this definition,
when determining the boundaries of the base farm tract, the term "contiguous
parcel" includes those commonly owned parcels that are abutting or
touching at more than one point and those commonly owned parcels that
are separated only by a waterway or a transportation or utility right-of-way.[3]
A space having half or more of its floor-to-ceiling height
below the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6.5 feet.
Total ground coverage in square feet of all buildings and
structures, including garages, carports, and other attached or accessory
structures.
The measurement of the vertical line segment starting at
the lowest point of any exposed wall and its intersect with the ground
(Point A in the following diagram) to a line horizontal to the highest
point of a structure (Point B in the following diagram), unless specified
under other sections of this chapter.
 |
A farmland preservation plan that is certified as determined
under § 91.12, Wis. Stats.
A zoning ordinance that is certified as determined under
§ 91.32, Wis. Stats.
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 § 91.01(10), Wis. Stats.
A lot abutting two or more streets at their intersections.
A dwelling containing two dwelling units.
A detached building designed or used exclusively as a residence
or sleeping place, but does not include boardinghouses or lodging
houses, motels, hotels, tents, cabins, or mobile homes except mobile
homes with the wheel assembly and hitch removed and located on and
anchored to a four-foot footing or basement.
A dwelling containing three or more units.
A dwelling containing one dwelling unit.
One or more rooms which are arranged, designed, or used as
living quarters for one family only.
Public or private enclosures designed to protect people from
arterial, radiological, biological, or chemical warfare, fire, flood,
windstorm, riots, and invasions.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electricity, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations, and
hydrants, but not including buildings.
A divided arterial street or highway with full or partial
control of access and with or without grade-separated intersections.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.[5]
All land under common ownership that is primarily devoted
to agricultural use.
The size of a farm in acres. "Farm acreage" does not include
nonfarm residential acreage.
A single-family residence that is the only residential structure
on the farm or is occupied by any of the following:
Area in square feet of all floors in a building, including
elevators and stairways, measured by perimeter of outside walls multiplied
by the number of floors, including basements which are used in the
primary function of the building.
An expressway with full control of access and with fully
grade-separated intersections,
The smallest dimension of a lot abutting a public street
measured along the street line.
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.
Any occupation for gain or support conducted entirely within
buildings by resident occupants, which is clearly incidental to the
principal use of the premises and does not exceed 25% of the area
of any floor.
Dogs, cats, song birds and other small animals, provided
that they are not raised or reared for commercial resale or as a source
of staple supplement. Household pets shall not include horses, chickens,
cows, goats, sheep, hogs or other animals.
A grade-separated intersection with one or more turning lanes
for travel between intersection legs.
The use of land, with related buildings or structures, for
the commercial breeding, rearing, or boarding of more than four dogs.
Bovine animals, equine animals, goats, poultry, sheep, swine,
farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised
fish.
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public road or alley.
A contiguous and continuous quantity of land in possession
of, owned by, or recorded as property of the same claimant, person,
persons, or company and having frontage on a public road, occupied
by a principal structure or use, and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area, and other space
provisions of this chapter. For zoning purposes, tax parcel identification
numbers shall not be used in defining a lot.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The width of a parcel of land measured at the rear of the
specified street yard.
A structure which is 100 square feet in area or less and
is accessory to the principal use of the lot.
A transportable, single-family dwelling unit suitable for
year-round occupancy and containing the same water supply, waste disposal,
and electric conveniences as immobile housing.
A series of attached, semi-attached, or detached sleeping
units for the accommodation of transient guests.
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.
A single-family residence other than a farm residence.
The total number of acres of all parcels on which nonfarm
residences are located. If a nonfarm residence is located on one of
two or more adjoining parcels owned by the same person, the adjoining
parcels are also considered "nonfarm residential acreage" unless clearly
devoted to nonresidential use other than open space use.
An area with a Class I or II land capability classification
as identified by the Natural Resources Conservation Service of the
federal Department of Agriculture or land that is identified as prime
farmland in a certified farmland preservation plan. Prime farmland
soils are not necessarily associated with the boundaries of the A-1
Farmland Preservation Zoning District.
A structure in which is conducted the principal use of the
lot on which it is located.
Residence of a doctor of medicine, practitioner, dentist,
clergyman, architect, landscape architect, professional engineer,
professional land surveyor, accountant, attorney, artist, teacher,
author, musician, or other recognized professional person used to
conduct his or her profession where the office does not exceed 1/2
the area of only one floor of the residence and no more than one nonresident
person is employed.[6]
Land that is located in the A-1 Farmland Preservation Zoning
District, is covered by a farmland preservation agreement, or is otherwise
legally protected from nonagricultural development.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the nearest point of any structure and the lot line.
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names, or trademarks by which anything
is made known and which are used to advertise or promote an individual,
firm, association, corporation, profession, business, commodity, or
product and which are visible from any public street or highway.
A public right-of-way not less than 40 feet wide providing
primary access to abutting properties.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed street or highway line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two such yards.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders.
Any construction, excluding fills, or any production or piece
of work artificially built or composed of parts joined together in
some definite manner having form, shape and utility.
Any structure, portable or permanent, containing a body of
water 36 inches or more in depth, intended for recreational purposes,
but not including an ornamental reflecting pool or fish pond or similar
type pool, located and designed so as not to create a hazard or to
be used for swimming. "Swimming pool" does not include temporary,
portable blowup pools, wading pools, or kiddie pools.[7]
A parcel of land in a travel trailer parking area for the
placement of a single trailer and the exclusive use of its occupants.
A vehicular, portable structure built on a chassis and designed
as a temporary dwelling for travel, recreation and vacation.
An existing or proposed connecting roadway between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade-separated interchange ramps.
Space suitable for recreation, gardens, or household service
activities, such as clothes drying. Such space must be at least 75%
open to the sky, free of automobile traffic, parking, and undue hazards,
and readily accessible by all those for whom it is intended.
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulation stations, but not including sewage disposal plants,
municipal incinerators, warehouses, shops, and storage yards.
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy and includes all of the
land, buildings, structures and equipment used by the wind energy
system and its support facilities, including the wind turbine, tower,
access roads, control and office facilities, meteorological towers,
maintenance and all power collection and transmission systems.
An open space on the same lot with a structure unoccupied
and unobstructed from the ground upward except for vegetation. The
street and rear yards extend the full width of the lot.
The Zoning Administrator for the Town of Herman or such person
or firm designated to perform the duties of the Zoning Administrator.
[2]
Editor's Note: See now § NR 243.03(5), Wis. Adm.
Code.
