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DCPREZ-0000-07200
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DCPREZ-0000-07200
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Last modified
11/16/2015 8:46:56 AM
Creation date
11/16/2015 8:44:41 AM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07200
Town
Oregon Township
Section Numbers
VARIOUS
AccelaLink
DCPREZ-0000-07200
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Dane County Ordinance Text <br /> July 22, 1996 <br /> Land Uses in Exclusive Agricultural Use Districts <br /> The exclusive agricultural zoning district does not restrict uses <br /> in the district to "agricultural uses . " Section 91 . 01 (1) , Stats . , <br /> defines agricultural uses, which an ordinance must use to limit <br /> permitted uses in the district . The following uses, which the <br /> ordinance allows as permitted uses, can only be allowed as <br /> conditional uses : <br /> (1) Rental of farm residences under 10 . 123 (2) (d) . <br /> (2) Day care under 10 . 123 (2) (e) . <br /> (3) Roadside stands under 10 . 123 (2) (g) . <br /> (4) Home Occupations under 10 . 123 (2) (i) . <br /> In addition, the ordinance allows "structures and improvements that <br /> are consistent with agricultural use" as a permitted use under <br /> 10 . 123 (2) h) . Under ch. 91, Stats . , this is actually not a use but <br /> a requirement of all structures and improvements in the exclusive <br /> agricultural zoning district whether they are a permitted or a <br /> conditional use . There is no definition or reference to the <br /> statutory definition of "use consistent with agricultural use" in <br /> the ordinance . <br /> Rezoning in Exclusive Agricultural Use Districts <br /> The ordinance does not contain any provisions specifying the <br /> findings that must be made before land can be rezoned out of the <br /> exclusive agricultural zoning district . At a minimum, the <br /> ordinance must include, or reference, the findings required under <br /> s . 91 . 77, Stats . In addition, the ordinance must contain a <br /> provision requiring the county to notify the department of all land <br /> rezoned out of and into the exclusive agricultural zoning district . <br /> Part C : Discretionary Provisions - Ordinance <br /> Conditional Uses in Exclusive Agricultural Use Districts <br /> As noted above, several uses in the ordinance are allowed as <br /> permitted uses that can only be allowed as conditional uses . The <br /> ordinance can allow home occupations, rental of farm residences, <br /> and day care as conditional uses, but only as farm family <br /> businesses . Currently, the ordinance allows "limited farm family" <br /> businesses, but does not include the requirements under s . <br /> 91 . 75 (8) , Stats . , which include restricting the use to existing <br /> structures and improvements and limiting nonfamily farm employment <br /> 2 <br />
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