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• I • 10.159—10.159(4)(a) l ■ • requirements for a non-conforming lot of record (c) Applicability near incorporated under s. 10.16(3)(a) of this ordinance. municipalities. The county board may not [HISTORY: 10.158 cr.,OA 45,2009-10,pub.03/22/10.1 rezone to the TDR-R overlay district any parcel wholly or partially within the extraterritorial plat 10.159 TDR-R TRANSFER OF DEVELOPMENT review jurisdiction of an incorporated RIGHTS RECEIVING AREA OVERLAY municipality, as defined in s. 236.02(5), Wis. DISTRICT. This district is in effect in those Stats., unless consistent with an adopted town towns which voluntarily make the election under and county comprehensive plan. If there are sub. (2)(b) below. inconsistencies between the comprehensive (1) Statement of purpose. (a) The purposes plans of the town and the incorporated of the TDR-R overlay district are to: • municipality with extraterritorial jurisdiction, prior 1. establish a county-wide framework which to county board action the town and municipal allows a participating municipality to transfer governments must resolve the.inconsistencies, development rights within or outside its following the dispute resolution process set forth jurisdiction; in their respective comprehensive plans as 2. encourage the clustering of rural required by s. 66.1001(2)(g),Wis. Stats. development; (3) Permitted uses. All permitted uses in the 3. encourage the efficient provision of underlying zoning district, provided all of the services by clustering residential units; following criteria are met: 4. encourage efficient transportation planning (a) Each new dwelling unit is accompanied by by encouraging compact development; transferred development rights from a parcel or 5. support planning of development in areas parcels in the TDR-S overlay district consistent which have less impact on key sources; with, and at a ratio determined by, an adopted 6. preserve and enhance property rights; town and county comprehensive plan. 7. encourage rural housing that is adequate (b) All transferred development rights in (a) and affordable for persons from a range of above are from TDR-S overlay districts within the incomes; same town as the proposed dwelling unit,unless 8. facilitate development in rural areas of inter-town transfers are expressly authorized in towns already experiencing or seeking adopted town and county comprehensive plans development; for both the sending and receiving towns. 9. encourage the efficient use of land that (c) The landowner records a notice document has no history of, or is no longer suitable for, for each new dwelling unit that details the agriculture; and number of development rights transferred, • 10. help Dane County and participating describes the sending property or properties, communities achieve the goals and objectives and references the recorded document number contained in adopted plans. , of the TDR agricultural conservation easement (2) Areas affected. required under s. 10.158(3)(b). (a) Lands to be included within the TDR-R (d) Copies of any recorded notices and copies Transfer of Development Rights Receiving Area of recorded TDR agricultural conservation Overlay District. This district is generally easements on the sending parcel or parcels in intended to apply to lands identified in adopted the TDR-S district, must be provided to the town and county comprehensive plans as zoning administrator before zoning permits will suitable for: be issued. 1. residential development at a density (4) Conditional uses. All conditional uses in exceeding one dwelling unit per 35 acres; and the underlying zoning district, provided all of the 2. receiving areas for a transfer of following criteria are met: development rights program. (a) Any application for a conditional use permit (b) Applicability,. in the TDR-R overlay district that would increase 1. This section shall apply only to those the number of permanent dwelling units, except towns that have filed a resolution with the county for those uses listed in paragraph (b) below, is clerk indicating the election of the town to come accompanied by transferred development rights under provisions of this district. from a parcel or parcels in the TDR-S overlay 2. This section shall apply only within the A-1, district consistent with, and at a ratio determined A-2, A-2(1), A-2(2), A-2(4), A-2(8), R-1, R-1A, R- by, an adopted town and county comprehensive 2, R-3, R-3A, R-4, RH-1, RH-2, RH-3 or RH-4 plan. zoning districts. Page 10-45 rev. 073113