DCPREZ-0000-05136 - Laserfiche WebLink

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DELAYED EFFECTIVE DATES: There are two situations where your zoning change which has been approved by the County Board will become effective only after you have recorded a document with the Dane County Register of Deeds. The two situations are described as follows: 1. The first is a deed restriction. This can be requested by the applicant or by the Town Board or added at the option of the Zoning and Natural Resources Committee. It is used where the use that you are proposing would be acceptable in the neighborhood but, because the zoning district in which the use is permitted allows other uses that may be less desirable in the neighborhood, the proposal is frequently turned down. By the use of a deed restriction, the zoning classification can be changed and the use limited to the acceptable use that you have proposed. The amendment adopted by the County Board will have the following phrase: This amendment shall become effective, if within 90 days following adoption by the County Board of Supervisors, the owner or owners of the land shall record the following restrictions running in favor of Dane County as well as the owners of the land: (SPECIFIC RESTRICTIONS ARE LISTED) When a "deed restriction amendment" is adopted by the County Board, the Zoning Department will mail the appropriate documents to you to be recorded to make the change effective. 2. The second delayed effective date procedure requires that you record a certified survey map. This procedure is used where the land to be re-zoned will be divided from a larger parcel and conveyed by a certified survey map. A person will not have to incur surveying expenses until they are certain that a change in zoning will be approved. To qualify for this, your surveyor will write the description of the land to be rezoned. This description is then used to file a petition and, at your request, the following paragraph will be added to the petition: "This description is intended to describe land for which a certified survey map will be prepared for approval and recorded. This amendment will become effective, if within 90 days of its approval by the Dane County Board of Supervisors a certified survey map that described the land to be rezoned is recorded in the Office of the Dane County Register of Deeds." The Dane County Zoning Department will mail you a letter giving you the date of adoption of the amendment by the County Board. It will then be your responsibility to record the document within the required time. IMPORTANT In both of the "delayed effective date" procedures described, your failure to complete the recording of either the deed restriction or certified survey map within the time limit will eliminate the possibility that the zoning change will become effective. The time limit cannot be extended, and failure to record the document within the required time will necessitate filing a new petition and going through the same notice and public hearing process as required for the original petition.