DANE COUNTY ZONING DIVISION OVERVIEW:

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DANE COUNTY ZONING DIVISION OVERVIEWPROCESSE
S REGULATIONS

• Presented on September 21, 2005
• at
• Warner Community Park
• This segment presented by Peter Conrad, Zoning
  Administrator,
• Dane County Department of Planning and
  Development

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PRESENTATION OUTLINE

• I. THE ZONING CONTEXT DANE COUNTY PROFILE
• LAND USE REGULATIONS
• A. COMPREHENSIVE ZONING
• B. SHORELAND, WETLAND, FLOODPLAIN ZONING
• EROSION CONTROL STORMWATER MANAGEMENT
• LAND DIVISION
• ENFORCEMENT
• FINAL THOUGHTS

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I. THE PLANNING AND ZONING CONTEXTDANE COUNTY
PROFILE

• LAND AREA 1,200 Sq. Mi.(1990)
• Towns 87
• Small Cities Villages 7
• City of Madison 6
• JURISDICTIONS 62
• Towns 34
• Small Cities 7
• Villages 19
• Central City (Madison) 1
• County 1

POPULATION 438,881 (2002) Towns 17 Small
Cities and Villages 34 City of Madison 49
HOUSING UNITS 189,287 (2001) Towns 16 Small
Cities and Villages 33 City of Madison 51
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COMPREHENSIVE ZONINGWhat is a zoning ordinance?

• Local regulation governing the use of land
• Protect the health, safety, welfare
• Prevent conflicting land uses.
• Enforced by citation, fines, stop work order,
  legal action, etc.
• Consists of mapped districts and list of
  permitted, prohibited and conditional uses for
  each district
• Districts may have differing setbacks, lot size,
  etc.
• Applies to private landowners
• Allows for variances if enforcement would
  deprive landowner of property rights

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ZONING (cont.)

• A zoning ordinance includes 1) a map, and 2)
  text.
• The map assigns every parcel to a zoning
  district.
• The text lists the permitted and conditional land
  uses in each district and describes the size,
  nature and location of permitted structures.
• There are four general classes of districts (1)
  Agriculture (most predominant) (2) Residential
  (3) Commercial and, (4) Industrial.
• Dane Countys zoning jurisdiction is only within
  the unincorporated portions of the county.
• Dane County and the towns share authority over
  rezones and amendments.

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ZONING (cont.)Exclusive Ag.

• Exclusive Ag. Zoning is a zoning district that
  allows only farming and farming-related
  activities
• A Town had to choose to be included in Exclusive
  Ag. zoning
• Farmers receive income tax benefits
• The intent is to preserve large scale tracts of
  agriculture, and allow only uses that are
  compatible with agriculture
• All but four Towns participate in Exclusive Ag.
  zoning

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THE DANE COUNTY ZONING LAND REGULATIONS
COMMITTEE (ZLR)

• Official county zoning committee / land use
  decision making body.
• 5-member standing committee of the Dane County
  Board.
• All members are County Board Supervisors.
• ZLR meets twice per month
• Public Hearing (4th Tuesday)
• Work Meeting (2nd Tuesday)

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Zoning in Dane CountySummary of Zoning Actions

• 1. ZONING PERMIT -- Approved by Zoning
  Administrator
• 2. REZONES -- Approved by Town County boards,
  County Executive
• Map (Rezone)
• Text (Ordinance Amendment / O.A.)
• 3. CONDITIONAL USE PERMIT (CUP) -- Approved by
  ZLR
• VARIANCE -- Approved by Board of Adjustment

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SUMMARY OF ZONING ACTIONSREZONE

• Request to change the County zoning map to allow
  a different use
• A new home might need a rezone from A-1
  Agriculture (Exclusive) District to the RH-1
  Rural Homes.
• Petitions to rezone may be initiated by
  landowner (most common) town board or county
  board supervisor (rare).
• Approval is required by affected Town board, ZLR,
  County Board, and County Executive.
• ZLR will not act without Town action.

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SUMMARY OF ZONING ACTIONSREZONE (cont.)

• Link between planning and zoning
• s. 10.255(1)(c) of the DCCO The zoning
  committee ZLR shall use plans and maps
  developed by individual towns and approved by the
  county board as criteria for zoning
  recommendations to the county board.

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SUMMARY OF ZONING ACTIONSZONING PERMIT

• Administrative permit issued by the Zoning
  Division that certifies a proposed structure or
  use complies with the County zoning ordinance
  (e.g., permitted uses, setbacks).
• A zoning permit is needed to
• construct a building (in most cases)
• change the use of an existing building or
• add or alter an existing building.
• Applications are made at the Zoning Division
  office in the City-County Building in Madison.

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SUMMARY OF ZONING ACTIONSCONDITIONAL USE PERMIT
(CUP)

• A CUP is a use allowed in a particular zoning
  district provided that certain standards are met.
  Conditions may be applied.
• Towns play an advisory role in the approval of a
  CUP.
• Approval begins and ends at ZLR.

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SUMMARY OF ZONING ACTIONSVARIANCES

• A variance is an approved exception or departure
  from the requirements of the Dane County Zoning
  Ordinance.
• Standards for granting a variance are very
  strict. Generally limited to granting relief from
  yard setbacks or other dimensional requirements
  where strict adherence to the zoning ordinance
  requirements would create an unnecessary,
  noneconomic hardship (distinguished from a mere
  inconvenience).
• Variances are granted by the Board of Adjustments
  (BOA), a five-member standing committee appointed
  by the County Executive and approved by the
  County Board.
• BOA meets once per month.

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LAND DIVISION / SUBDIVISION What is a
subdivision ordinance?

• Local regulation governing the division of land
  into parcels that can be legally sold
• Enforceable by fine, citation, etc.
• Includes requirements for layout, public streets,
  improvements, dedications and design
• Sets requirements for surveys and plats
• Does not govern use of land

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LAND DIVISION/SUBDIVISION (cont.)

• Applies to new lots 35 acres or less.
• Preliminary Final Subdivision Plat required
  when 5 or more lots are created in less than 5
  years.
• Approved by ZLR
• Certified Survey Map (CSM) required when fewer
  than 5 lots created.
• Approved by Land Division Review Officer
• Ordinance (Chapter 75) specifies review process,
  design standards, required improvements.
• Lot is not legally created until approved CSM or
  final plat is signed and recorded.

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SHORELAND, WETLAND, FLOODPLAIN ZONING
Focused on environmental protection Enforcement
same as comprehensive zoning Overlay zoning , not
mapped districts Shoreland Zoning Shorelands
are those areas that are within 1000-feet of a
lake or 300-feet of a stream Has minimum lot
sizes Minimum required setback from the
water Maximum lot coverage Regulation regarding
vegetation removal along the shoreline
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SHORELAND, WETLAND, FLOODPLAIN ZONING (Cont.)
Wetland Zoning Wetlands are identified on the
Wisconsin Wetland Inventory maps, supplied by the
Wisconsin Department of Natural
Resources Restricts the permitted uses to those
that do not harm wetlands, and generally
prohibits filling of wetlands Hiking, fishing,
trapping, hunting, swimming and
boating Harvesting of wild crops, such as marsh
hay, ferns, moss, wild rice, berries, tree fruits
and tree seeds, in a manner that is not injurious
to the natural reproduction of such crops The
practice of silviculture, including the planting,
thinning and harvesting of timber Pasturing of
livestock The cultivation of agricultural
crops The construction and maintenance of duck
blinds. Minimum required setback from wetlands
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SHORELAND, WETLAND, FLOODPLAIN ZONING (Cont.)
Floodplain Zoning Floodplains are identified on
maps supplied by the Federal Emergency Management
Agency (FEMA) Prohibits construction of
residences in a Floodway, i.e. the area where
flood waters will moving during a flood
event Allows construction of residences in a
Floodfringe, i.e. the area that will have
standing floodwater during a flood event The
first floor must be at least 2-feet above the
RFE An area 15-feet out from the residence must
be filled to 1-foot above the RFE A basement or
crawlspace cannot be below the RFE
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EROSION CONTROL STORMWATER MANAGEMENT
Erosion Control portion of the ordinance intends
to control off-site erosion during and as a
result of construction Stormwater Management
portion of the ordinance intends to limit run-off
as the result of construction of large areas of
impervious surfaces Applicable throughout the
County including Cities Villages Enforcement
same as comprehensive zoning
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EROSION CONTROL STORMWATER MANAGEMENT (Cont.)
Erosion Control Permits Required When land
disturbance more than 4000 square feet land
disturbance on a slope more than 12 land
disturbance involving excavation and/or filling
more than 400 cubic yards of material land
disturbance of more than 100 lineal feet of road
ditch, grass waterway, or other area where
surface drainage flows in defined, open
channels new public or private roads or access
drives longer than 125 feet development that
requires a subdivision plat and land
disturbance less than 4000 square feet that has a
high risk of soil erosion or water pollution, as
determined by local ordinance administration.
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EROSION CONTROL STORMWATER MANAGEMENT (Cont.)
Stormwater Management Permits Required
When development results in the cumulative
addition of 20,000 square feet of impervious
surface to the site construction of agricultural
buildings where the new total impervious surface
area exceeds 20,000 square feet development that
requires a subdivision plat other development or
redevelopment that may have significant
downstream impacts and buildings and activities
of municipalities and school districts , local
highway projects , and municipal streets .
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ENFORCEMENT
Enforcement of Zoning Division regulations is
primarily complaint driven The primary goal is
compliance, not punitive Progressive discipline
approach Become aware of a potential violation
(either by complaint, observation,
etc.) Jurisdictional Inspector investigates If a
violation Issues a Stop Work Order (Red Tag)
issued, and A letter giving 30-days to bring
into compliance is sent to the property
owner After 20-days, reminder letter If no
compliance after 30-days, a municipal citation is
issued If guilty (or default judgment) on the
citation and still no compliance a lawsuit is
filed Potentially very large fines (up to 200
per day) Court required compliance Typically
compliance occurs very quickly (i.e. within days
of notice), however it may take years
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Zoning Inspector RegionsPeter Conrad, Zoning
Administrator 266-9083
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FINAL THOUGHTS
Emerging Areas Shoreland Zoning Commercial
Zoning Erosion Control Stormwater
Management Techniques we do not use i. PUD ii.
TND zero lot lines iii. Inclusionary Zoning iv.
Low Income housing incentives
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QUESTIONS COMMENTS

• Dane County Planning and Development Department
• Room 116, City-County Building
• Madison, WI 53703
• Phone Numbers
• Zoning Division [phone]
• Land Division Review Officer [phone]
• Property Records Clerk [phone]
• Planning Division [phone]
• Fax [phone]
• Website www.co.dane.wi.us