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r 10.158— 10.158(5) J historic structures. The owner of an historic to apply for conditional use permits under ss. • structure who or which has opened the structure 59.69, 91.46 or 91.48, Wis. Stats., or s. 10.255 to the public may erect and maintain supporting of this ordinance. A development proposal which structures, including lighting, protective fences is consistent with adopted plans is not and fire protection systems, as may be objectionable on the grounds that it is not being necessary for the maintenance or ease of use of undertaken with transferred development rights. the site. (2) Areas affected. (a) Lands to be included [History: 10.157 cr., Sub. 2 to OA 12, 1989-90, pub. within the TDR-S Transfer of Development 11/13/89;am.,Sub.2 to OA 19, 1994-95,pub.02/23/95.] Rights Sending Area Overlay District. This 10.158 TDR-S TRANSFER OF DEVELOPMENT district is generally intended to apply to lands identified in adopted town and county RIGHTS SENDING AREA OVERLAY DISTRICT. This district is in effect in those comprehensive plans as suitable for: c. long-term or or permanent agricultural, towns which voluntarily make the election under conservation or natural resource use; sub. (2)(b) below. 2. limited or no non-farm development; and (1) Statement of purpose. The purposes of the 3. sending areas for a transfer or purchase of TDR-S overlay district are to: development rights program. (a) Support Transfer of Development Rights, (b) Applicability. as follows: 1: This section shall apply only to those 1. establish a county-wide framework which towns that have filed a resolution with the county allows a participating municipality to transfer clerk indicating the election of the town to come development rights within or outside its under provisions of this district. jurisdiction; 2. This section shall apply only within the A-1 2. reduce spot development of rural land; (Exclusive Agriculture) or CO-1 zoning districts. • 3. encourage efficient transportation planning (3) Permitted uses. (a) All permitted uses in by reducing truly scattered development; the underlying zoning district. 4. encourage environmental preservation by (b) Transfer of development rights consistent enhancing open space; with, and at a ratio determined by, an adopted 5. preserve and enhance property rights; town and county comprehensive plan. Any 6. provide support and input into the transferred development rights must be agricultural community by encouraging the accompanied by a recorded TDR agricultural preservation of large intact agricultural areas in conservation easement placed on the sending some locations and individual farms in other property. The recorded easement must include a areas; legal description of the sending property in 7. direct development in rural areas away accordance with adopted town and county from areas planned for long-term agricultural comprehensive plan guidelines, must detail the use; number of rights transferred or sold, and must 8. provide a potential for compensation for describe any receiving property or properties. individuals who do not want to develop their TDR agricultural conservation easements must property or who live in communities which wish list, at a minimum, the county and the town as to restrict development; parties with enforcement rights and must require, 9. help Dane County and participating at a minimum, the county, the town and the communities achieve the goals and objectives landowner to agree to any amendment of the contained in adopted plans; agricultural conservation easement in writing and 10. facilitate purchase of development rights after at least one public hearing held by the programs to protect high-priority natural or zoning committee. All such amendments shall be agricultural resources; and recorded. No third parties with enforcement 11. allow for towns, villages and cities to serve rights may be added without approval of the as a clearinghouse for development rights in Town and the County. accordance with adopted land use and (4) Conditional uses in the TDR-S Transfer of comprehensive plans. Development Rights Sending Area Overlay . (b) Protect property rights. Nothing in this District. All conditional uses in the underlying section is intended to restrict, curtail or abridge zoning district. the rights of property owners to use their (5) Area regulations. All lots in the TDR-S property as currently permitted under ordinance, overlay district must meet the minimum lot size to petition the county board to rezone property or of the underlying zoning district or meet the Page 10-44 rev. 073113