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ISSUES PRESENTED <br />I. WHETHER THE BOARD OF ADJUSTMENT CORRECTLY INTERPRETED THE <br />DANE COUNTY ZONING ORDINANCE WHEN IT DECIDED THAT THE <br />ORDINANCE ALLOWS MINERAL EXTRACTION SITES TO BE CONTINUED <br />ALTHOUGH NOT WORKED FOR PERIODS OF MORE THAN ONE YEAR. <br />The Board of Adjustment determined that sections <br />10.126(2(a)5 and 10.21(1) of the Dane County Ordinances do not <br />prohibit continuation of mineral extraction operations simply <br />because of nonuse, provided that the sites have been <br />registered with the Zoning Administrator as mineral extraction <br />sites. <br />II. WHETHER, ASSUMING THE BOARD OF ADJUSTMENT'S DECISION IS <br />CORRECT, THE ORDINANCE VIOLATES THE NONCONFORMING <br />PROVISIONS OF SECTION 59 .95(10), STATS. <br />The Board of Adjustment did not reach this question, <br />however, it is the position of Dane County that sec. <br />59.97(10), stats., does not prohibit a county from adopting <br />zoning classification schemes which treat certain uses as <br />something less than permitted uses but something more than <br />prohibited uses. Allowing registered mineral extraction <br />operations to continue even if not worked for more than one <br />year in effect creates a class of uses which may be called <br />limited conditional uses. <br />-4- <br />