DANE COUNTY ZONING DIVISION OVERVIEW:

“PROCESSES & 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

PRESENTATION OUTLINEI. THE ZONING CONTEXT:

DANE COUNTY PROFILEII. LAND USE REGULATIONS

A. COMPREHENSIVE ZONINGB. SHORELAND, WETLAND,

& FLOODPLAIN ZONINGC. EROSION CONTROL &

STORMWATER MANAGEMENT

D. LAND DIVISIONIII. ENFORCEMENTIV. FINAL THOUGHTS

I. THE PLANNING AND ZONING CONTEXT:DANE COUNTY PROFILE

LAND AREA: 1,200 Sq. Mi.(1990)Towns: 87%Small Cities & Villages: 7%City of Madison: 6%

JURISDICTIONS: 62Towns: 34Small Cities: 7Villages: 19Central City (Madison): 1County: 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%

COMPREHENSIVE ZONINGWhat is a zoning ordinance?

Local regulation governing the use of landProtect 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 districtDistricts may have differing setbacks, lot size, etc.Applies to private landownersAllows for “variances” if enforcement would deprive landowner of property rights

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 County’s zoning jurisdiction is only within the unincorporated portions of the county.

Dane County and the towns share authority over rezones and amendments.

ZONING (cont.)Exclusive Ag.

Exclusive Ag. Zoning is a zoning district that allows only farming and farming-related activitiesA Town had to choose to be included in Exclusive Ag. zoningFarmers receive income tax benefitsThe intent is to preserve large scale tracts of agriculture, and allow only uses that are compatible with agricultureAll but four Towns participate in Exclusive Ag. zoning

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)

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

4. VARIANCE -- Approved by Board of Adjustment

Zoning in Dane County:Summary of Zoning Actions

SUMMARY OF ZONING ACTIONS:REZONE

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.

SUMMARY OF ZONING ACTIONS:REZONE (cont.)

Link between planning and zonings. 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.”

SUMMARY OF ZONING ACTIONS:ZONING 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; oradd or alter an existing building.

Applications are made at the Zoning Division office in the City-County Building in Madison.

SUMMARY OF ZONING ACTIONS:CONDITIONAL 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.

SUMMARY OF ZONING ACTIONS:VARIANCES

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.

LAND DIVISION / SUBDIVISION What is a subdivision ordinance?

Local regulation governing the division of land into parcels that can be legally soldEnforceable by fine, citation, etc.Includes requirements for layout, public streets, improvements, dedications and designSets requirements for surveys and platsDoes not govern use of land

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.

SHORELAND, WETLAND, & FLOODPLAIN ZONINGFocused on environmental protectionEnforcement same as comprehensive zoningOverlay zoning , not mapped districts

Shoreland Zoning:Shorelands are those areas that are within 1000-feet of a lake or 300-feet of a streamHas minimum lot sizesMinimum required setback from the waterMaximum lot coverageRegulation regarding vegetation removal along the shoreline

SHORELAND, WETLAND, & FLOODPLAIN ZONING (Cont.)

Wetland Zoning:Wetlands are identified on the Wisconsin Wetland Inventory maps, supplied by the Wisconsin Department of Natural ResourcesRestricts 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

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 eventAllows 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 RFEAn area 15-feet out from the residence must be filled to 1-foot above the RFEA basement or crawlspace cannot be below the RFE

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

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.

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; andbuildings and activities of municipalities and school districts , local highway projects , and municipal streets .

ENFORCEMENTEnforcement of Zoning Division regulations is primarily complaint drivenThe primary goal is compliance, not punitive“Progressive discipline” approach:

Become aware of a potential violation (either by complaint, observation, etc.)Jurisdictional Inspector investigatesIf 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 letterIf no compliance after 30-days, a municipal citation is issuedIf 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

Zoning Inspector RegionsPeter Conrad, Zoning Administrator: 266-9083

FINAL THOUGHTS

Emerging Areas:Shoreland ZoningCommercial ZoningErosion Control & Stormwater Management

Techniques we do not usei. PUDii. TND – zero lot linesiii. Inclusionary Zoningiv. Low Income housing incentives

QUESTIONS & COMMENTSDane County Planning and Development Department

Room 116, City-County BuildingMadison, WI 53703

Phone Numbers:Zoning Division: (608) 266-4266

Land Division Review Officer: (608) 266-9086Property Records Clerk: (608) 266-4253

Planning Division: (608) 266-4251

Fax: (608) 267-1540

Website: www.co.dane.wi.us