Dane County Code of Ordinances - Laserfiche WebLink

Home Browse Search

10.157(4)(b)— 10.158(3)(b) (b) In no event shall a waiver under this section preservation of large intact agricultural areas in allow a structure to be located closer to an some locations and individual farms in other historic site than a distance equal to twice the areas; depth of any excavation intended to be used for 7. direct development in rural areas away that part of the structure closest to the historic from areas planned for long-term agricultural site, and in any event not closer than is permitted use; by statute. 8. provide a potential for compensation for (c) Notwithstanding any language herein to the individuals who do not want to develop their contrary, replacement private sewage systems, property or who live in communities which wish as defined in s. 46.03(14), and existing roads, to restrict development; including repairs thereto, may be located in clear 9. help Dane County and participating areas. communities achieve the goals and objectives (d) Where the designation of a particular parcel contained in adopted plans; of land as an historic site under this ordinance 10. facilitate purchase of development rights results in a property owner being deprived of all, programs to protect high-priority natural or or substantially all, of the beneficial use of the agricultural resources; and property, compensation shall be paid as 11. allow for towns, villages and cities to serve provided for by law. as a clearinghouse for development rights in (5) Protection of historic structures. Historic accordance with adopted land use and structures may be modified, altered or changed comprehensive plans. only when necessary to protect the continued (b) Protect property rights. Nothing in this existence of the structure or, for other purposes, section is intended to restrict, curtail or abridge when done according to the standards outlined the rights of property owners to use their by the department of the interior for the property as currently permitted under ordinance, restoration, rehabilitation and adaptive reuse of to petition the county board to rezone property or 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: towns which voluntarily make the election under 1. long-term or permanent agricultural, (2)(b) below. conservation or natural resource use; sub. 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: (a) Support Transfer of Development Rights, development rights program. as follows: (b) Applicability. abbility. 1. establish a county-wide framework which 1• This section shall apply only to those allows a participating municipality to transfer towns that have filed a resolution with the county development rights within or outside its clerk indicating the election of the town to come 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 C _ 6. provide support and input into the transferred development rights must be agricultural community by encouraging the accompanied by a recorded TDR agricultural Page 10-45 rev. 013116