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MINUTES BOARD OF ADJUSTMENT Meeting of September 16, 1980 e PRESENT: Kruschke, Schwahn, Voges, Purcell, Dahlk ALSO PRESENT: Enger, Fleck. The meeting was called to order at 1:05 p.m. in Room #316 City-County Building to consider appeal #926 - by L. J. Enger, Zoning Administrator. { The communication from Glen Henry, Dane County Corporation Counsel was read and the matter was discussed. Motion by Voges, second by Schwahn that the word "premises" as used in Section 10.21 (1) and in reference to non-conforming mineral extraction Section 10.12 (2) (a) 5, shall mean the entire land owned by a regis- trant in 1968 but shall not include any lands owned by other than a regi trant. FINDING OF FACT: 1. The Dane County Zoning Ordinance as per Section 10.21 (1) non- conforming uses provides the lawful use of a building or premises existing at the time of adoption of this Ordinance may be continu=• as a non-conforming use, but if such non-conforming use, shall be discontinued for a period of one year, such non-conforming use will be deemed to have terminated and any future use shall be in conformity to the provisions of this ordinance. No building or premises used as a non-conforming use shall be added to or structurally altered so as to increase the facilities for such non-conforming use. 4 2. Section 10.21 (5) must also be considered and which provides that I any non-conforming use, the location of which is changed to another part of the premises shall be considered abandoned 1 year after the locational change and, in any event, any non-conforming use at F the new location shall be invalid. 3. A non-conforming use of a building is relatively simple to regula.e 1 and would be subject to Section 10.21 (1) and 10.21 (5) as to add'- tions, structural alterations or relocation on the property. Use of "premises" on the other hand must be determined by specific use and the necessary area required for such use, ie: possible non-conforming uses such as airport, motorcycle course or race- track, keeping of livestock, etc. , such uses cannot be limited to buildings or a small specific area without considering landing strips, spectator parking and seating, pasture, etc. necessary to such use and which feasibly could utilize the entire property. 4. As pointed out by Glen Henry, Dane County Corporation Counsel, "Section 10.21 (1) is unclear with respect to whether or not a non-conforming use is restricted to that part of the premises on which it originally occurred at the time of non-conformity or whether it may be expanded to include the entire premises Since it is unclear, the rule of Cohen, (1976) 74 Wis. 2d 87, 91 applies, and the issue must be decided in favor of the land owner- free use of his property" .