Ordinance Amendment 

    OA03: 2003-2004

Sponsored by Supervisors Anderson and Hitzemann

Synopsis:

                Amends sec. 10.141 of the Dane County Ordinances, the limited commercial zoning district, to authorize storage of more than 12 pieces of construction equipment on the parcel if a conditional use permit is issued.  This amendment, together with OA4, was initiated by a property owner in the Town of Pleasant Springs.  The property owner ran afoul of the restrictions in the existing ordinance and is seeking to broaden the ordinance in order to legalize its proposed use of a particular parcel.  However, the ordinance change would apply to all LC-1 parcels in Dane County.  The County informs us that there are 178 sites zoned LC-1, totaling 242 acres.

Arguments For:

                Ordinance 3, Amendment 3, allows towns, by granting conditional use permits, to foster the development of contractor businesses which are too large to fit under the LC-1 district, but may not require full commercial zoning.  This amendment would give towns flexibility to authorize larger small businesses without requiring the businesses to obtain commercial zoning.

Arguments Against:

                The ordinance amendment would open the door to expansion of 178 existing business situations.  That may have the effect of encouraging existing property owners to expand their businesses, or to sell the property to businesses who would like to utilize the more liberal provisions of the new ordinance as a way to avoid the need for commercial zoning.  Specifically, with respect to this change, storage of more than 12 pieces of equipment would constitute a major commercial operation, not a local, minor family-based business, which is what the LC-1 district was intended to authorize.

DCTA Recommendation:

                The Association opposes OA3 and urges the towns to veto it when the County town action report is distributed to you after the public hearing on the proposal.

                We believe that commercial operations of any substantial magnitude should be regulated as commercial zones.  The LC1 district was meant to create a very small-scale exception for family-based businesses that are typically located on or near farms.  The zone was designed to accommodate small, beginning contractor firms which operate on a very limited scale. 

                The Association is concerned that OA3 would allow an unlimited number of construction machines and equipment to be located on a parcel, thereby greatly increasing the impacts on adjacent farm and residential property.  We believe that large-scale construction operations as well as the other uses authorized in LC1 districts, which include veterinary clinics and health centers, should be authorized under the commercial zones of the ordinance.  Finally, we continue to oppose piecemeal revisions to the ordinance, which we believe needs comprehensive revision.  Therefore, we oppose OA3.