1 Task Force for a Prioritized Revision of Chapter 10 (Zoning) Public Hearing April 16 th, 2009

2 Chapter 10 Task Force Established in fall 2007 by County Board Resolution 120 (extended through 2009). Charged with: –Identifying problematic aspects of the zoning code –Soliciting recommendations for priority code revisions –Reviewing prior amendment proposals –Working with DCTA, Towns, and County Board to resolve top priority issues

3 Chapter 10 Task Force continued… Membership includes representation from: –Dane County Board of Supervisors –Dane County Towns Association –Madison Area Builders Association –Dane County Farm Bureau –Environmental community –Two at large members well versed in planning & zoning

4 Public Input Recommendations sought from town, city, and village officials, landowners, general public, and county staff Public meetings (17 meetings to date) / Mail distribution Website for info / feedback: Public Hearings (Jan / April 2009)

Priorities Enacted Revisions 1.Expand the role of towns in the conditional use permit process (CUP). (OA #54, ) Towns now have binding authority over CUPs 2.Require that rezones and conditional use permit applications be reviewed for consistency with town and County comprehensive plans. (OA #6, ) 3.Develop and adopt a small-lot, sub-35-acre exclusive agriculture district. (OA #21, ) New A-4 zoning category for parcels 5-35 acres in ag use only 4.Revise regulations pertaining to the height of structures. (OA #33, )

Priorities In Progress… 5.Develop and adopt a Planned Unit Development (PUD) District. (Draft developed, anticipate OA spring / summer) Builds on 1998 proposed PUD ordinance Establishes Rural & Urban PUDs 6.Develop and adopt a topography ordinance limiting the alteration of grade at lot lines. (Draft developed, anticipate OA spring) Would limit alteration of existing grade within 5’ of lot boundaries Minimize stormwater runoff problems onto adjoining properties

Prioritization Exercise Considered 29 possible ordinance revisions listed in “Summary Table” (see spreadsheet and 7 page attachment) Including: –Past ordinance amendment proposals –Staff recommendations –Comprehensive plan recommendations –Others recommended by DCTA, towns, individuals Each Task Force member allocated 15 points among his / her top 5 priorities (5pts, 4pts, 3pts…1pt)

Selected Priorities (Refer to “2009 Top 5 Selected Priority Revisions” handout) 1.Expand LC-1 uses, including CUP for Limited Rural Business. (OA Summary table ID #22; received 19 points during task force prioritization exercise) Broadening the list of permitted and conditional uses in the LC-1 district could help accommodate rural- based commercial uses. Establishing a new “limited rural business” CUP would provide for small-scale commercial uses in existing structures.

Selected Priorities (Refer to “2009 Top 5 Selected Priority Revisions” handout) 2.Residences in the A-1EX district. (OA Summary table ID #2; received 12 points during task force prioritization exercise) A previous ordinance amendment from 2003 proposed removing a residence for a farm “ owner or operator ” as a permitted use in the A-1EX district. This would remove the problematic “ substantial income ” requirement, while allowing the alteration, restoration, reconstruction, and replacement of existing residences. If adopted, the amendment would replace an intrusive, discretionary decision of the zoning administrator with town and county board review and approval for a zoning change.

Selected Priorities (Refer to “2009 Top 5 Selected Priority Revisions” handout) 3.Develop an ordinance regulating wind energy systems (OA Summary table ID #18; received 12 points during task force prioritization exercise) Under the current code, wind power proposals associated with a utility company are essentially unregulated – the ordinance permits “ utility services ” in virtually every zoning district. As interest in wind power increases, having an ordinance regulating wind energy systems in place will ensure Dane County is well prepared to handle future proposals. Such an ordinance could provide a predictable process for applicants while protecting the interests of property owners and towns.

Selected Priorities (Refer to “2009 Top 5 Selected Priority Revisions” handout) 4.Revise accessory structure regulation to eliminate differences between residential, agricultural, and farm accessory structures. (OA Summary table ID #8; received 11 points during task force prioritization exercise) The current regulations relating to accessory structures are poorly designed and confusing. Under the current ordinance, accessory structures can go from being conforming to nonconforming based on ownership and use many times over the life of the structure – with numerous unintended, often negative, consequences. A more uniform approach to regulating accessory structures would provide predictability and consistency in applying the ordinance.

Selected Priorities (Refer to “2009 Top 5 Selected Priority Revisions” handout) 5.Revise commercial zoning districts including to support mixed residential / commercial uses and neighborhood- scale small business uses. (OA Summary table ID #1 & #16; received 8 points during task force prioritization exercise ) In , a former commercial zoning subcommittee drafted amendments to the various commercial zoning categories. The subcommittee ’ s recommendations included many common sense improvements, such as adding purpose statements, and removing some of the most intensive uses from the C-2 district and placing them in the M-1 district (e.g., slaughterhouses). In addition to building on the work of the former subcommittee, the task force proposes to revise the zoning districts to better support mixed residential / commercial uses and neighborhood-scale small business uses.

Prioritization continued… Points also awarded to items: #23 (Review/revise RH-1 animal unit allowances; 4pts) #7 (Update and clarify section 10.16(3)(a) relating to substandard parcels; 2pts) #10 (Modify the Conditional Use Permit standards for operation of Limited Family Businesses to provide flexibility and wider range of uses; 2pts) #11 (Develop ordinance provisions addressing plumbing in accessory structures; 2pts) #21 (Enhanced application of conservancy zoning; 2pts) #4 (Delete section 10.16(3)(b) that allows consolidation of lots through a deed restriction process. All consolidation should be through a certified survey map; 1pt)

14 Other Issues Task Force heard from towns / individuals concerned with other issues, including: –66’ road frontage requirement for parcels under 35 acres created by Certified Survey Map (Chapter 75, Subdivision Code provision) –Bulk storage of liquid fertilizer (submitted by Town of Dunkirk – now developing town-level ordinance on this issue) –Cell towers (county-wide tower study under consideration to improve sec DCCO)

15 Next Steps Task Force will consider public input before moving forward Future meetings will address the priority revisions When proposed, formal ordinance amendments will be considered by towns and at public hearings of the Zoning & Land Regulation Committee, with opportunities for public input.

16 Questions? New ideas / suggestions always welcome Visit Task Force website Contact Staff (Majid Allan– ;