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 USEWithin 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. Mobile homes, semi-trailers, camping units, recreational vehicles, mobile office unites, buses, motor coaches, trailers, boats and railroad boxcars shall not be used as accessory buildings or structures. Buildings, structures, or improvements that meet this definition 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 USEAny 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 USEAn 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 USESUses 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.
CONTIGUOUSAdjacent 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 BREEDERA 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.
DOG BREEDING FACILITYA 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.
DOG KENNELAn establishment, that is not a dog breeding facility, in which dogs are housed, boarded, groomed, sheltered, protected, trained or sold for fee or compensation.
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 REVENUESGross 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 YEARMeans 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.
LIVESTOCKIncludes bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish.
NONCONFORMING USES OR STRUCTURESAny 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 PARCELA parcel on which no buildings, other than hunting blinds or small sheds, have been constructed or approved for construction.
PERSONAn individual, corporation, partnership, limited liability company (LLC), trust, estate or other legal entity.
PROTECTED FARMLANDLand 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.