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1,2 reit JUN 141995 June 12, 1995 11 c0:41 fl s lE 4417 Rocky Dell Road Cross Plains, WI 53528 Phone: (608) 831-6653 To: Board of Adjustment, re Appeal #2647 Summary of Argument re Zoning Repeals (10.28) Overall Principle: It is bad government, morally wrong, and arguably illegal for the county to violate its zoning regulations in its zoning or rezoning of property. Purpose of Appeal: We ask the Board of Adjustment for remedy for rezone errors by the county. Unique Nature of Chapter 10: This is set out in 10.24. An ordinance needs no provision simply to state that the county has the right to amend it. Of course the county has that right. Yet, Chap. 10 contains a provision re the right to amend (10.24). Why? Observe. That provision is there in order to establish that Chapter 10 contains two kinds of ordinances: ones that zone property, and ones that establish provisions of regulations for zoning. Sec. 10.24 says the county by ordinance may amend either to rezone, or to alter regulations. Individual Parcels Are Severable Parts of the Zoning Ordinance: See sec. 10.03. Sec. 10.03 works in conjunction with 10.24. It specifies that Chapter 10 fully contains all the information required to identify each and every parcel zoned in the Zoning Ordinance: "The `Zoning District Maps', together with all information shown thereon and all amendments thereto, shall be as much a part of this ordinance as if fully set forth and described herein." Plainly, by this and the other provisions of 10.03,the zoning maps and all information thereto incorporate the exact property descriptions of each parcel. Thus,each parcel is made a separable and severable part of the zoning ordinance or any amendment thereto. Breadth of the Repeal Provision of Chapter 10: This is set out in 10.28. "All ordinances or parts of ordinances in conflict with provisions of' Chapter 10 are repealed. The word "all"is unambiguous. All means all. As such, it includes parts of Chapter 10 itself. Hence, this includes the severable parts of zoning amendments written merely to rezone property. Now one sees the role for sec. 10.24, in specifying two types of ordinance amendment that apply to Chapter 10. Sec. 10.24, by its nature, allows 10.28 to repeal any part of a rezone amendment if that part does not zone in conformity with the provisions of regulations of Chapter 10. The Eyesight of the Law, in Rezoning: The zoning ordinances cannot be blind that a particular rezone violates provisions of regulations, and yet see that this created a nonconforming parcel. That is, what is visible as a nonconforming rezone,is also visible to 10.28 as a conflict with provisions of regulations, and is hence repealed. Conclusion re Ordinance Amendments That Rezone: Sec. 10.28, 10.24, 10.03 and 10.27 act together in harmony to ensure that the county cannot use its legislative power to rezone in violation of its zoning regulations. Case Law re Interpretation of Ordinances: The above complies with case law set out by Bartell, in her Memorandum on our appeal. Note partciularly that the above complies with case law which says restrictions in zoning ordinances are to be "strictly construed to favor unencumbered and free use of property." Crowley v. Knapp, 94 Wis. 2d 421, 434, 288 N.W.2d 815, 821 (1980). The above also construes the ordinances so as to harmonize and give effect to all provisions of regulations. Competing interpretations that foster nonconforming zoning clearly fail to conform to this case law Si cerly yours, ( 4 0-"iDZAD1AN'-.A„) Robert E. Bowman