Ordinance Amendment 

    OA05: 2003-2004

Ordinance related to Accessory Buildings in the A-1 Agricultural District

Sponsor:         David Ripp

Summary:       There are four towns in Dane County which have A-1 zoning as opposed

To A-1 Agriculture (exclusive) zoning.  Those four towns are Bristol, Springdale, Middleton and Burke.  In that zone, the ordinance currently permits construction of accessory buildings on lots, even though there may not be a residence.  This has been interpreted to permit the construction of more than one accessory building on a particular property.

Ordinance Amendment 5, if adopted, would limit the number of accessory buildings to one without there being a residence.

Analysis:         This ordinance does not affect towns that have no A-1 zoned land.

In land that is zoned A-1, it is currently possible for property owners to construct more than one accessory building.  The only restriction is that accessory buildings must be more than 100 feet from residentially zoned land, except for existing structures.

By enacting this ordinance, it would require a rezoning to authorize the construction of more than one accessory building on a piece of agricultural land.  In the towns that have A-1 zoning, this would have the effect of making multiple accessory buildings on non-residential lots nonconforming buildings.  This would be inconsistent with the mixed agriculture/residential uses in those towns.  There are, for example, lots in the Towns of Bristol and Middleton which still have agricultural activity and have more than one farm building. The effect of this zoning change would be to require that land be rezoned commercial or business in order to have more than once accessory building.

The ordinance appears to be directed at responding to concerns about proliferation of buildings.  The Association believes that it is an overbroad response to the concern and, therefore, opposes the ordinance amendment and requests that the towns disapprove it.