Suamico City Zoning Code
§ 18.07 AG-FP
Agricultural - Farmland Preservation.
The following regulations shall apply in the AG-FP - Agricultural - Farmland Preservation District:
(1) ACCESSORY USE(a) (b) (c) (d) 1. 2. 3. 4. AGRICULTURAL USE(a) (b) (c) (d) (e) (f) (g) (h) (i) AGRICULTURE-RELATED USE(a) (b) (c) (d) (e) COMMON OWNERSHIP FOR PURPOSES OF THE FARMLAND PRESERVATION ORDINANCE CONTIGUOUS FARM FARM RESIDENCE GROSS FARM REVENUE LIVESTOCK OPEN SPACE PARCEL PERSON PRIME FARMLAND(a) (b) PRIOR NONCONFORMING USE PROTECTED FARMLAND(a) (b) (c) (d)
Definitions. In this farmland preservation ordinance:
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, including normal residential appurtenances.
A business, activity, or enterprise, whether or not associated with an agricultural use, which meets all of the following requirements:
It is conducted on a farm by an owner or operator of that farm.
It requires no buildings, structures, or improvements other than those described in par. a or c.
No non-farm resident employees except by conditional use approval. Cannot employ more than four full-time employees annually.
It does not impair or limit the current or future agricultural use of the farm or other protected farmland.
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.
A facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose:
Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms, including farms in the farmland preservation zoning district.
Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the farmland preservation zoning district.
Slaughtering livestock, including livestock from farms in the farmland preservation zoning district.
Marketing livestock to or from farms, including farms in the farmland preservation zoning district.
Processing agricultural by-products or wastes received directly from farms, including farms in the farmland preservation zoning district.
Ownership by the same person or persons. Common ownership includes land owned by the same individual, married couple, joint tenants, tenants in common, corporation, LLC, partnership, estate or trust. 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.
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.
All land under common ownership that is primarily devoted to agricultural use. For purposes of this definition, land is deemed to be primarily devoted to agricultural use if any of the following apply:
A single-family or duplex (by conditional use approval) residence that is the only residential structure on the farm.
Gross receipts from agricultural uses, 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 land owner.
Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish.
A parcel on which no buildings, other than hunting blinds or small sheds, have been constructed or approved for construction.
An individual, corporation, partnership, limited liability company (LLC), trust, estate or other legal entity.
All of the following:
An area with a class I or class II land capability classification as identified by the Natural Resources Conservation Service of the United States Department of Agriculture.
Land, other than land described in par. 1., which is identified as prime farmland in the county's certified farmland preservation plan.
A land use that does not comply with this farmland preservation zoning ordinance, but which lawfully existed prior to the application of this ordinance.
Land that is any of the following:
Located in a farmland preservation zoning district certified under ch. 91, Wis. Stats.
Covered by a farmland preservation agreement under ch. 91, Wis. Stats.
Covered by an agricultural conservation easement under s. 93.73, Wis. Stats.
Otherwise legally protected from nonagricultural development.
(2)
Land Use in Farmland Preservation Zoning District, General. Only the following land uses are allowed in a farmland preservation zoning district:
(a)
Uses allowed under Section (3) and (4) without a conditional use permit.
(b)
Uses allowed under Section (5) with a conditional use permit.
(c)
Prior nonconforming uses, subject to Wis. Stats. § 62.23(7)(h).
(3)
Permitted Uses. The following land uses are allowed without a conditional use permit in a farmland preservation zoning district:
(a)
The following Agricultural uses on farms:
1.
Crop or forage production.
2.
Keeping of livestock.
3.
Beekeeping.
4.
Nursery, sod, or Christmas tree production.
5.
Floriculture.
6.
Aquaculture.
7.
Fur farming.
8.
Forest management.
9.
Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
(b)
Undeveloped natural resource and open space areas.
(c)
Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.
(4)
Accessory Uses. The following accessory uses are permitted in a farmland preservation zoning district:
(a)
A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use, including:
1.
A facility to store or process raw agricultural commodities, all of which are produced on the farm.
2.
A facility used to keep livestock on the farm.
3.
A facility used to store or process inputs primarily for agricultural uses on the farm.
4.
A facility used to keep or service vehicles or equipment primarily employed in agricultural uses on the farm.
5.
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.
6.
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.
7.
A waste storage or processing facility used to store or process animal waste produced solely from livestock kept on the farm.
(b)
An activity or business operation that is an integral part of or incidental to, an agricultural use.
(c)
A single family farm residence, including normal residential appurtenances such as a pool, deck, or patio.
(d)
A business, activity, or enterprise, whether or not associated with an agricultural use, which meets all of the following requirements:
1.
It is conducted on a farm by an owner or operator of that farm.
2.
It requires no buildings, structures, or improvements other than those described in 18.07(4)(a) and (c).
3.
No non-farm resident employees except by conditional use approval. Cannot employ more than four full-time employees annually.
4.
It does not impair or limit the current or future agricultural use of the farm or other protected farmland.
(5)
Conditional Uses.
(a)
General.
1.
The Village may issue a conditional use permit for a proposed land use identified in this section if the proposed land use meets applicable conditions under this section. The Village shall follow the procedures described in 18.98(7).
2.
Before issuing a conditional use permit under par. 1., the Village shall determine in writing that the proposed use meets applicable conditions under this section. The Village may issue the permit subject to any additional conditions which the Village deems necessary to carry out the purposes of this ordinance.
(b)
Accessory Uses on Farms.
1.
The Village may issue a conditional use permit for any of the following accessory uses:
(c)
Certain Agriculture-Related Conditional Uses.
1.
The Village may issue a conditional use permit for the certain agricultural and agriculture-related uses under par. (5)(c)2. if all of the following apply:
a.
The use supports agricultural uses in the farmland preservation zoning district in direct and significant ways, and is more suited to a farmland preservation zoning district than to an industrial or commercial zoning district.
b.
The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.
c.
The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
d.
The use is reasonably designed to minimize conversion of land, at and around the use site, from agricultural use or open space use.
e.
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
f.
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
2.
Certain Agriculture-Related Conditional Uses Include:
a.
Farmstead food processing facilities.
b.
Farmstead retail outlets.
c.
On-farm fuel or agrichemical storage facilities.
d.
A grain warehouse, potato warehouse, or other warehouse that stores raw agricultural commodities received from farms.
e.
A dairy plant that processes or handles milk from farms.
f.
A meat slaughter establishment.
g.
A food processing plant that processes raw agricultural commodities received from farms.
h.
A feed mill or rendering plant that processes raw agricultural commodities or agricultural by-products received directly from farms, or supplies animal feed directly to farms.
i.
An ethanol plant, bio-diesel plant, communal manure digester, pelletizing plant or other facility that processes raw agricultural commodities, agricultural by-products or agricultural wastes (received directly from farms) to produce bulk fuel or other bulk products.
j.
A sawmill or other facility that processes wood or other forest products received directly from farms.
k.
A facility that provides farm inputs such as fertilizer, pesticides, seed or feed directly to farms.
l.
A facility that is primarily engaged in sale and servicing of farm vehicles or other farm equipment.
m.
A facility that is primarily engaged in providing agronomic or veterinary services to farms.
(d)
Compatible Infrastructure.
1.
The Village may issue a conditional use permit for a proposed use under par. (2) if all of the following apply:
a.
The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.
b.
The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
c.
The use is reasonably designed to minimize conversion of land, at and around the site of the use, from agricultural use or open space use.
d.
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
e.
Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.
2.
The Village may issue a conditional use permit for any of the following compatible infrastructure uses if that use meets applicable conditions under par. 1.:
(e)
Government and Nonprofit Community Uses.
1.
The Village may issue a conditional use permit for a government use, or for an institutional, religious or community use, if the Village determines that all of the following apply:
a.
The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.
b.
The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
c.
The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.
d.
The use does not substantially impair or limit the current or future agricultural use of other protected farmland.
e.
Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
(f)
Nonmetallic mineral extraction. The Village may issue a conditional use permit for nonmetallic mineral extraction if it determines that all of the following apply:
1.
The operation complies with all of the following:
a.
Subch. I of ch. 295 and rules promulgated under that subchapter.
b.
Applicable provisions of ch. 14 of the Brown County Code of Ordinances and 18.21 of the Suamico Municipal Code.
c.
Any applicable requirements of the Wisconsin Department of Transportation concerning the restoration of nonmetallic mineral extraction sites.
2.
The operation and its location in the farmland preservation zoning district are consistent with the purpose of the farmland preservation zoning district.
3.
The operation and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations outside the farmland preservation zoning district, or are specifically approved under state of federal law.
4.
The operation reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use.
5.
The operation does not substantially impair or limit the current or future agricultural use of other protected farmland.
6.
The conditional use permit requires the landowner to restore the affected land after the nonmetallic mineral extraction operation is completed. The permit shall require the landowner to restore the land to a condition suitable for agricultural use, according to a written restoration plan included with the permit.
(6)
Rezoning Land Out of a Farmland Preservation Zoning District.
(a)
Except as provided in sub. (2), the Village may not rezone land out of a farmland preservation zoning district unless the Village finds all of the following in writing, after public hearing, as part of the official record of the rezoning, before granting the rezone:
1.
The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.
2.
The rezoning is consistent with any comprehensive plan, adopted by the Village, which is in effect at the time of the rezoning.
3.
The rezoning is substantially consistent with the Brown County Farmland Preservation Plan, certified under ch. 91, Wis. Stats., which is in effect at the time of the rezoning.
4.
The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland. NOTE: By March 1 of each year, the zoning authority must report to DATCP and Brown County the total acres rezoned, along with a map that clearly shows the location of these areas, during the preceding year.
(7)
Dimensional Requirements.
(a)
Lot Requirements.
Area. All land whether one parcel or two or more contiguous parcels that is under common ownership, 25 acres min, except that non-contiguous parcels owned and operated by a qualifying farm at the time of adoption of this ordinance that are less than the 25 acres may remain AG-FP as long as no further land division occurs. Width. 250 feet min.
(b)
Height Regulations.
Farm Structures, except silos: 60 feet max. |
Residential Dwellings: 35 feet max. |
Accessory Buildings: 25 feet max. |
(c)
Building Setbacks. Building setbacks shall be those listed on a Certified Survey Map and/or Plat duly approved by the Board for the Village on or after September 16, 2002, or the setbacks listed below:
Yard | Resid. Struc. | Farm Struc. |
|---|---|---|
Front | 45 feet min. from hwy. ROW | 50 feet min. from hwy. ROW |
Side | 20 feet min. | 75 feet min. |
Rear | 25 feet min. | 75 feet min. |
Corner Side | 45 feet min. from hwy. ROW | 50 feet min. from hwy. ROW |
ROW = right-of-way |
(d)
Building Size. Minimum size of a residential dwelling shall be 1,200 square feet above grade.
[Amended 5-17-2021 by Ord. No. 2021-06]