Mark Hazelbaker

It has become apparent that the issues involved in Ordinance Amendment 22 involve much more than the issues of administrative burden and inconvenience that have been the main topic in discussions about the ordinance to date.  It appears the concerns which give rise to this proposal present the most significant issue to face the Towns and the County in years.

OA 22, which was introduced by Supervisor Lyman Anderson on behalf of the Zoning Committee, would repeal Section 10.123(2)(b) and (c) of the Dane County Code of Ordinances.  [The text of the ordinance is shown on page 3]. The language which would be repealed currently provides that residences and secondary residences are permitted uses in the exclusive agricultural zone, but only if the occupant of the residence derives "substantial income" from the farm operation.

In other words, under the current ordinance, the owner of land zoned Ag-1 exclusive cannot obtain a zoning permit and build a house merely because they own the property.  The ordinance requires that the owner actually generate income from the land.  The ordinance does not define what constitutes "substantial income," or set forth any process by which an owner's eligibility to obtain a zoning permit may be established.

The County Planning and Development Department has, instead, adopted policies and procedures to clarify who is eligible for a farm residence.  Most recently, in 2002, the Zoning Administrator issued a memorandum updating the County's process.