91.46 Conditional uses.

386 words·~2 min read·/wi/chapter-91/91-46

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)General. Except as provided in s. 84.01

(34), a farmland preservation zoning ordinance does not comply with s. 91.42 if the farmland preservation zoning ordinance allows as a conditional use in a farmland preservation zoning district a land use other than the following land uses:

(a)Agricultural uses.

(b)Accessory uses.

(c)Agriculture-related uses.

(d)Nonfarm residences that qualify under sub.

(2)or that meet more restrictive standards in the farmland preservation zoning ordinance.

(e)Nonfarm residential clusters that qualify under sub.

(3)or that meet more restrictive standards in the farmland preservation zoning ordinance.

(f)Transportation, communications, pipeline, electric transmission, utility, or drainage uses that qualify under sub.

(4).

(g)Governmental, institutional, religious, or nonprofit community uses, other than uses covered by par.

(f), that qualify under sub.

(5).

(h)Nonmetallic mineral extraction that qualifies under sub.

(6).

(i)Oil and gas exploration or production that is licensed by the department of natural resources under subch. II of ch. 295 .

(j)Other uses allowed by the department by rule.

(1m)Additional limitations. The department may promulgate rules imposing additional limits on the conditional uses that may be allowed in a farmland preservation zoning district in order for a farmland preservation zoning ordinance to comply with s. 91.42 .

(2)Nonfarm residences. A proposed new nonfarm residence or a proposal to convert a farm residence to a nonfarm residence through a change in occupancy qualifies for the purposes of sub.

(d)if the political subdivision determines that all of the following apply:

(a)The ratio of nonfarm residential acreage to farm acreage on the base farm tract on which the residence is or will be located will not be greater than 1 to 20 after the residence is constructed or converted to a nonfarm residence.

(b)There will not be more than 4 dwelling units in nonfarm residences, nor, for a new nonfarm residence, more than 5 dwelling units in residences of any kind, on the base farm tract after the residence is constructed or converted to a nonfarm residence.

(c)The location and size of the proposed nonfarm residential parcel, and, for a new nonfarm residence, the location of the nonfarm residence on that nonfarm residential parcel, will not do any of the following: