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The county's corporation counsel notes in the explanation for OA 26 that the existing ordinance <br />provision is, "...inconsistent with Wisconsin common law regarding nonconforming uses". OA 26 <br />would bring the county code into conformance with the general law of zoning regarding <br />nonconforming uses. Staff supports this change to the zoning code. <br />II. BACKGROUND. <br />A. Ordinance Amended.- If adopted, OA 26 would amend section 10.21 of the Dane County Zoning <br />Ordinance by deleting.subsection (1)(d). <br />B. Action required The County Board and the County Executive must approve Ordinance Amendment <br />#26 for it to become effective. If a majority of towns disapprove of the.amendment, the county board <br />cannot approve the amendment as submitted. <br />C. ZLR public hearing: The Zoning and Land Regulation Committee (ZLR) advises the County Board <br />on proposed zoning text amendments. The ZLR Committee has scheduled a public hearing on <br />Ordinance Amendment #26 for 7pm, January 28, 2014, in room 201 of the city -county <br />building. <br />D. Sponsors. OA 26 was sponsored 'and introduced by Supervisors Miles, Hendrick, Matano, Kolar, <br />Bollig, Solberg Dye, Rusk, Kiefer, Bayrd, Stubbs, Hesselbein, Levin, Sargent, Schmidt, Pan, <br />McCarville, Erickson, Gillis, Veldran, Wegleitner, Richmond, Zweifel and Pert[. <br />III. DESCRIPTION <br />A. Deleting section 10.21(1)(d) would result in abandoned or long inactive registered nonconforming <br />mineral extraction sites losing their nonconforming status under the ordinance. Any future extraction <br />activity would require approval of a conditional use permit and conformance with all other applicable <br />regulations. Registered nonconforming sites with active operations would be unaffected by the <br />ordinance change. <br />IV. ANALYSIS <br />A. There are 92 registered nonconforming ("NC") mineral extraction sites in Dane County,. though many <br />such sites have long been inactive and are either abandoned orreclaimed. The attached map shows <br />the distribution of the registered nonconforming sites 39 registered nonconforming sites have been <br />inactive since at least 2001. NC status exempts operations from Chapter 10 (Zoning) only. The <br />county's nonmetallic mining ordinance (Chapter 74) requires that all mineral extraction operations <br />must: file a reclamation plan prior to the commencement of mining activities. - Only sites where <br />extraction permanently ceased before August. 1, 2001 . are exempted from the - chapter 74 <br />requirements. Staff estimates that at least 39 sites, encompassing approximately 1,771 acres, <br />would lose their nonconforming status upon adoption of. OA 26. <br />Below are some basic numbers regarding mineral extraction sites in Dane County. <br />• 102: Total number of .mineral extraction- sites with an approved reclamation plan (both CUP <br />permitted and non -conforming sites). 11 are located in a city or village. <br />92: Total number of registered. non -conforming mineral extraction sites. <br />• 5,436 acres: Approximate total acreage of non -conforming mineral extraction sites <br />• 53: Number of registered non -conforming mineral extraction sites with approved reclamation plan <br />Page 2 of 3 <br />