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DANE COUNTY
ZONING
OVERVIEW
“Town-County Relationship As Related
to County Zoning Authority”
Presented on August 18, 2004
at the
Pyle Center
for
The Dane County Comprehensive Planning Steering Committee
This segment presented by Peter Conrad, Zoning Administrator,
Dane County Department of Planning and Development
OUTLINE
I.
II.
ZONING OVERVIEW - What is a
zoning ordinance
SUMMARY OF ZONING
ACTIONS
I.
II.
III.
IV.
V.
August 18, 2004
Zoning Permit
Certificate of Compliance
Rezones & Ordinance
Amendments
Conditional Use Permit (CUP)
Variance
V.
PROCESS FOR REZONES,
ORDINANCE AMENDMENTS &
CUPs
I.
II.
VI.
Amendment Process
CUP Process
QUESTIONS & COMMENTS
Presentation to Dane County Comprehensive Planning
Steering Committee
Page 2
ZONING
What is a zoning ordinance?
• Local laws governing the use of land.
• A zoning ordinance is one instrument with which a
land use plan is implemented.
• Enforced by citation, fines, stop work order, legal
action, etc.
• Consists of mapped districts and a list of
permitted, prohibited and conditional uses for each
district.
• Identifies differing setbacks, lot size, etc. for each
district.
August 18, 2004
Presentation to Dane County Comprehensive Planning
Steering Committee
Page 3
ZONING (cont.)
• A zoning ordinance is comprised of two parts: 1) a map, and 2) text.
• The map assigns every parcel within a jurisdiction to a zoning district.
• The text articulates the permitted and conditional land uses in each
zoning district and how structures associated with those uses may be
situated on a parcel (e.g. setbacks from lot lines, lot coverage, etc.).
• There are four general classes of districts: (1) Agriculture; (2)
Residential; (3) Commercial; and, (4) Industrial.
• Dane County’s zoning jurisdiction is only within the unincorporated
portions of the county.
• Dane County and the towns share zoning authority and are partners in
the zoning approval process.
August 18, 2004
Presentation to Dane County Comprehensive Planning
Steering Committee
Page 4
Zoning in Dane County:
Summary of Zoning Actions
1.
ZONING PERMIT -- Approved by Zoning Administrator
2.
CERTIFICATE OF COMPLIANCE – Issued by the Zoning Administrator
3.
REZONES & ORDINANCE AMENDMENTS -- Approved by Town, ZLR,
County Boards & County Executive
–
–
Map Amendment (Rezone)
Text Amendment
4.
CONDITIONAL USE PERMIT (CUP) -- Approved by ZLR
5.
VARIANCE -- Approved by Board of Adjustment
August 18, 2004
Presentation to Dane County Comprehensive Planning
Steering Committee
Page 7
SUMMARY OF ZONING ACTIONS:
REZONES & ORDINANCE AMENDMENTS
• A rezone petition is a request to make a change to the zoning ordinance
text or zoning map, for example:
– Create a new permitted use in the commercial zoning district.
– Change from the A-1 Agriculture (Exclusive) District to the RH-1 Rural
Homes District for new residential development.
• Petitions to rezone are initiated by: the property owner; Town Board;
county zoning agency; or County Board member.
• Approval is required by the respective Town Board, the ZLR, the
County Board, and the County Executive.
• ZLR will not act without Town action.
August 18, 2004
Presentation to Dane County Comprehensive Planning
Steering Committee
Page 8
SUMMARY OF TOWN ACTIONS ON REZONES
& ORDINANCE AMENDMENTS
• The Town, or Towns in the case of a text amendment, file(s) a Town
Board action report with the ZLR Committee.
• If the Town, or a majority of Towns, disapprove(s) of the amendment,
the ZLR can only recommend denial to the County Board.
• The ZLR Committee almost always follows the Town Board action on
rezones, including conditioning a rezoning.
• If the rezone or ordinance amendment is amended in any way,
including adding conditions requested by the Town, or modifying the
proposed text, the Town, or majority of Towns, has another 40 days to
deny the rezone or ordinance amendment after the final County
approval.
August 18, 2004
Presentation to Dane County Comprehensive Planning
Steering Committee
Page 9
SUMMARY OF ZONING ACTIONS:
CONDITIONAL USE PERMIT (CUP)
• A CUP is a use that may be allowed in a particular zoning
district provided certain standards are met, for example:
– A quarry in the A-1 Exclusive zoning district.
• As with a rezone, conditions may be applied to the
approval of the CUP to ensure these standards are met.
• Towns play an advisory role in the approval of a CUP.
Formal approval of the CUP begins and ends at the ZLR
level. Similar to rezones, the ZLR almost always follows
the Town action, including conditions of approval.
August 18, 2004
Presentation to Dane County Comprehensive Planning
Steering Committee
Page 10
Example of Rezone/Land Division Process
Dividing off a Parcel
Does it fit w/ Town Plan?
Dane County, Wisconsin
Department of Planning
and Development
Jeanie Sieling, Director
September, 97
Change
Zoning
6w
k
s
First
Town
prelim.
review
Apply
at
Zoning
Office


Get on Town
Agenda
Have Town
Board vote
3
-4w
k
s
town
report with limits
1w
k
(max 30 days)
Co notifies
neighbors
(300 feet)
ZNR
work
meeting
ZNR
Public
Hearing
Co
Board
if modified,
within 40 days
town approves
modified petition
or denies it
Co Exe
signs
publication in
newspaper
publication in
newspaper

90 days
to record
CSM

9d
ay
s
town report
fast track
if town report favorable and no
objections or conditions
Town
comments &
approval
prelim
CSM
Create Parcel
zoning
approved
To Land
Div. Review
(60 days)




August 18, 2004

final
CSM
Land Division Review
compliance with state statutes
corrections by surveyor
signatures notarized
corrections/approval by
Land Review Officer
Presentation to Dane County Comprehensive Planning
Steering Committee
Record
Survey
&
Give Co
a copy
9
0d
a
y
sm
a
x
Page 11
QUESTIONS & COMMENTS
Dane County Planning and Development Department
Room 116, City-County Building
Madison, WI 53703
Phone Numbers:
Zoning Division: (608) 266-4266
Land Division Review Officer: (608) 266-9086
Property Records Clerk: (608) 266-4253
Planning Division: (608) 266-4251
Fax: (608) 267-1540
Website: www.countyofdane.com/zoning