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MINUTES - Board of Adjustment <br /> December 20, 1979 <br /> Page 9 <br /> INF 6. Question of: Using valid rules of statutory interpretation, the <br /> conversion to and maintenance of a correctional facility is a <br /> conditional use. <br /> FACT: <br /> a) . Prisons and correctional institutions are listed in the Zoning <br /> Ordinance only as conditional uses. Section 10.12 (2) (o) <br /> A-1 Agriculture District. <br /> b) . Other aspects of this question cite comparison of similar uses, <br /> the governmental authority, benefit to a community, etc. <br /> CONCLUSION: <br /> a) . The Board agrees that such use is a conditional use as specified <br /> by the provisions of the Zoning Ordinance in Section 10.12 (2) <br /> (o) A-1 Agriculture. <br /> b) . The question before the Board is on the interpretation or deci- <br /> sion that such use is also permitted by the language of Section <br /> 10.12 (4) (b) A-1 Agriculture (Exclusive) . The Board is not <br /> making a determination if such use is similar, govenmental, bene- <br /> ficial, etc. , but is dealing strictly with the specifics of the <br /> language of the Zoning Ordinance. The statement "if a correc- <br /> tional facility is a governmental use, it is expressly allowed <br /> in an A-1 Agriculture District (Exclusive) by Section 10.12 <br /> (4) (b) which allows governmental uses", has been responded to <br /> by item #4 of this finding of fact and conclusion. <br /> 7. Question of: A correctional facility is allowed as a conditional <br /> use in an A-1 Farmland District (Exclusive) under the Farmland <br /> Preservation Act. <br /> FACT: <br /> a) . The Farmland Preservation Act is a law passed by the State of <br /> Wisconsin. <br /> b) . Conditional uses in the A-1 Agriculture (Exclusive) District <br /> are determined to be detrimental or not by the Dane County <br /> Zoning Committee. <br /> CONCLUSION: <br /> The Board has no jurisdiction to determine a question pertaining <br /> to the State Farmland Preservation Act or whether or not a use <br /> will conflict with or be detrimental to the A-1 Agriculture (Ex- <br /> clusive) District. <br /> 8. SUMMATION: <br /> The Dane County Board of Adjustment is basing its determination <br /> specifically on the appeal from the Zoning Administrator's deci- <br /> sion or interpretation that a prison may be included in the per- <br /> mitted conditional uses as provided by Section 10.12 (4) (b) A-1 <br /> Agriculture (Exclusive) District, Dane County Zoning Ordinance. <br /> The Board considered only the specific language of the Zoning <br /> Ordinance; it did not consider issues that were determined by <br /> the Board to be irrelevant or beyond their jurisdiction. <br /> - 9 - <br />