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TO THE DANE COUNTY BOARD OF SUPERVISORS: <br /> REPORT ON <br /> ORD. AMENDMENT 7, 1985-86 <br /> AMENDING CHAPTER 12 OF THE DANE COUNTY CODE OF ORDINANCES <br /> RELATING TO WAIVER OF FEES FOR CERTAIN ZONING CHANGES <br /> The County Board of Supervisors of the County of Dane does ordain as follows: <br /> I. Section 12.06 (am) is created to read: <br /> 77_ C7 7 J e re. , '4.v e c2 7i'/r <br /> 401110- Petitions to amend the zoning maps when filed by a County Board Supervisor, by <br /> the standing committee of the County Board designated to consider county zoning matters, <br /> by the County Executive or his agents, or by other agencies representing the County. <br /> [EXPLANATION: Based on a complaint(s), Corporation Counsel was asked by the County <br /> Board Chairman if a zoning petition introduced at the request of a Supervisor was exempt <br /> from fee. Assistant Corporation Counsel has replied that only "text" changes, and not <br /> map changes, are exempt under Dane County' s Ordinance. <br /> Wisconsin Statute, Section 59.97 (5)(e)1 [FORMATION OF ZONING ORDINANCE: Procedure] <br /> provides: "A petition for amendment of any county zoning ordinance may be made by any <br /> property owner in the area to be affected by the amendment, by the town board of any <br /> town wherein the ordinance is in effect; by any member of the county board or by the <br /> agency designated by the county board to consider county zoning matters as provided in <br /> sub. (2)(a)." <br /> Note: While this does not specifically mention exemption from fee, it could be <br /> interpreted to "imply" that such a procedure would be appropriate. <br /> Section 12.06, Dane County Code of Ordinances currently provides for exemption from <br /> fees for: <br /> 1. "Petitions to amend zoning maps, applications for conditional use permits, <br /> special permits and variances if the land is owned by a municipality and the governing <br /> body submits the petition or application" <br /> Note: The Zoning Administrator interprets this to cover the County Executive, <br /> or his deputy, to act as "agent" for the County Board when County property <br /> is involved. Property transferred or sold by County Highway would not be <br /> covered under this provision. <br /> 2. "Zoning permits for municipally owned buildings"; <br /> 3. "Permits for construction or maintenance of farm drainage ditches and soil <br /> conservation practices in a flood plain area"; and <br /> 4. "On a onetime basis, a town board may petition to amend its zoning district <br /> maps for the purpose of implementing its land use plan without the necessity of a - <br /> filing fee. It shall be the responsibility of the town board of notify owners of <br /> land that will be affected by the proposed change in the zoning district boundaries." <br /> Traditionally (for many years--15 of which the Zoning Administrator can recall, and <br /> 16 years that the Plat Review Officer can recall) , Supervisors have selectively, and <br /> with reasonable discretion, introduced mapping changes to correct errors or as special <br /> circumstances warranted. The County Executive has also selectively sponsored petitions <br /> (ie. Hospital and Home land). Highways and Parks have also been involved in land <br /> transactions affecting zoning. <br /> Chairman <br /> Secretary <br /> • <br /> • <br />