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.
ACCESSORY USEWithin the A-1 Farmland Preservation Zoning District means any of the following land uses on a farm:
A. A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use.
B. An activity or business operation that is an integral part of, or incidental to, an agricultural use.
D. 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.
ACCESSORY USE OR STRUCTUREA 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.
AGRICULTURAL USEAny of the following activities conducted for the purpose of producing an income or livelihood:
A. Crop or forage production.
D. Nursery, sod, or Christmas tree production.
I. Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
J. 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.
ANIMAL CONFINEMENT FACILITYAny 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.
ANIMAL UNITHas the following meaning that was given in § NR 243.03(3), Wis. Adm. Code, as of April 27, 2004: "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 | |
ARTERIAL STREETA 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.
BASE FARM TRACTAll 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.
BASEMENTA 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.
BUILDING AREATotal ground coverage in square feet of all buildings and structures, including garages, carports, and other attached or accessory structures.
BUILDING HEIGHTThe 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.
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 § 91.01(10), Wis. Stats.
CORNER LOTA lot abutting two or more streets at their intersections.
DENSITYNumber of living units per acre allowable under Article
III of this chapter.
DUPLEXA dwelling containing two dwelling units.
DWELLINGA 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.
DWELLING UNITOne or more rooms which are arranged, designed, or used as living quarters for one family only.
EMERGENCY SHELTERPublic or private enclosures designed to protect people from arterial, radiological, biological, or chemical warfare, fire, flood, windstorm, riots, and invasions.
ESSENTIAL SERVICESServices 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.
EXPRESSWAYA divided arterial street or highway with full or partial control of access and with or without grade-separated intersections.
FAMILYOne 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.
FARMAll land under common ownership that is primarily devoted to agricultural use.
FARM ACREAGEThe size of a farm in acres. "Farm acreage" does not include nonfarm residential acreage.
FARM RESIDENCEA single-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.
FLOOR AREAArea 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.
FREEWAYAn expressway with full control of access and with fully grade-separated intersections,
FRONTAGEThe smallest dimension of a lot abutting a public street measured along the street line.
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.
HOME OCCUPATIONAny 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.
HOUSEHOLD PETSDogs, 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.
INTERCHANGEA grade-separated intersection with one or more turning lanes for travel between intersection legs.
KENNELThe use of land, with related buildings or structures, for the commercial breeding, rearing, or boarding of more than four dogs.
LIVESTOCKBovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.
LOADING AREAA 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.
LOTA 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.
LOT LINES AND AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT WIDTHThe width of a parcel of land measured at the rear of the specified street yard.
MINOR STRUCTUREA structure which is 100 square feet in area or less and is accessory to the principal use of the lot.
MOBILE HOMEA transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal, and electric conveniences as immobile housing.
MOTELA series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.
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.
NONFARM RESIDENTIAL ACREAGEThe 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.
PRIME FARMLANDAn 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.
PRINCIPAL STRUCTUREA structure in which is conducted the principal use of the lot on which it is located.
PROFESSIONAL HOME OFFICEResidence 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.
PROTECTED FARMLANDLand 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.
SIDE YARDA 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.
SIGNSAny 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.
STREET or ROADA public right-of-way not less than 40 feet wide providing primary access to abutting properties.
STREET YARDA 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.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
STRUCTUREAny 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.
SWIMMING POOLAny 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.
TRAILER SPACEA parcel of land in a travel trailer parking area for the placement of a single trailer and the exclusive use of its occupants.
TRAVEL TRAILERA vehicular, portable structure built on a chassis and designed as a temporary dwelling for travel, recreation and vacation.
TURNING LANEAn 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.
USABLE OPEN SPACESpace 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.
UTILITIESPublic 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.
WIND ENERGY SYSTEMEquipment 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.
YARDAn 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.
ZONING ADMINISTRATORThe Zoning Administrator for the Town of Herman or such person or firm designated to perform the duties of the Zoning Administrator.