Dane County  
Minutes - Final Unless Amended by  
Committee  
Zoning & Land Regulation Committee  
Consider:  
Who benefits? Who is burdened?  
Who does not have a voice at the table?  
How can policymakers mitigate unintended consequences?  
Tuesday, August 22, 2023  
6:30 PM  
Hybrid Meeting: Attend in person at the City County  
Building in Room 354; or Attend virtually via Zoom.  
A. Call to Order  
Chair DOOLAN called the 8/22/2023 Zoning and Land Regulation Committee  
meeting to order at 6:32 PM. Supervisor RATCLIFF is excused.  
Staff present: Violante, Lane, Everson, and Parry  
4 - JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, and KATE MCGINNITY  
Present  
1 - MELISSA RATCLIFF  
Excused  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
C. Consideration of Minutes  
July 25, 2023 ZLR Committee Meeting Minutes  
2023  
MIN-208  
Attachments: 7-25-23 ZLR Public Hearing Minutes  
Motion by BOLLIG, seconded by KIEFER to approve the minutes of the July 25,  
2023 ZLR Committee meeting. The motion carried by the following vote: 3-0-1.  
MCGINNITY abstained.  
3 - BOLLIG,DOOLANandKIEFER  
1 - RATCLIFF  
Ayes:  
Excused:  
Abstain:  
1 - MCGINNITY  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
11965  
PETITION: REZONE 11965  
APPLICANT: CRAIG A ZIEGLER AND TAMMY REEFE  
LOCATION: 5497 CUBA VALLEY ROAD, SECTION 34, TOWN OF  
VIENNA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District, FP-1 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: shifting of property lines between adjacent land owners  
Attachments: 11965 Ord Amend.pdf  
11965 Staff Report  
11965 Density  
11965 Town Action  
11965 VIENNA MAP  
11965 APP  
In support: Tammy Reefe  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
11966  
PETITION: REZONE 11966  
APPLICANT: NATHANIEL AND MARTHA SNYDER  
LOCATION: 4300 VILAS HOPE ROAD, SECTION 7, TOWN OF  
COTTAGE GROVE  
CHANGE FROM: SFR-08 Single Family Residential District TO TFR-08  
Two Family Residential District  
REASON: zoning to allow for two-family residential use  
Attachments: 11966 Ord Amend.pdf  
11966 Staff Report  
11966 Town Action  
11966 MAP  
11966 APP  
In support: Nate Snyder  
Opposed: None  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
11967  
PETITION: REZONE 11967  
APPLICANT: ALLAN G & LORA S BREUNIG REV LIVING TR  
LOCATION: WEST OF 8230 COUNTY HIGHWAY Y, SECTION 14, TOWN  
OF ROXBURY  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
Attachments: 11967 Ord Amend.pdf  
11967 Staff Report  
11967 Town Action  
11967 Density  
11967 MAP  
11967 APP  
In support: Alan & Lora Breunig  
Opposed: None  
A motion was made by DOOLAN, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval with one condition. The motion carried by  
the following vote: 4-0.  
1. A deed restriction shall be recorded on tax parcels 090714185007,  
090714180708, and 090711490003 stating the following:  
Further residential/nonfarm development is prohibited on the remaining FP-35  
zoned land. The housing density rights for the original Marvin Frey farm have  
been exhausted per the Town Comprehensive Plan density policies.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
02600  
PETITION: CUP 02600  
APPLICANT: JAMES AND PRISCILLA LAUFENBERG  
LOCATION: 8250 N RILEY RD, SECTION 35, TOWN OF CROSS  
PLAINS  
CUP DESCRIPTION: livestock on a parcel less than 5 acres  
Attachments: CUP 2600 Staff Report  
CUP 2600 Town Action  
CUP 2600 CROSS PLAINS MAP  
CUP 2600 APP revised  
CUP 2600 Public comment - Wilson  
CUP 2600 Public comment - Yahr  
CUP 2600 Public comment - Riggs  
CUP 2600 Public comment - Latimer  
CUP #2600.pdf  
In support: Jean Riggs, Elizabeth Grabe  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, to approve the  
conditional use permit based on the findings of fact as noted in the staff report  
and it has been determined that the CUP meets the 8 standards of obtaining a  
CUP with the conditions as noted in the staff report. The motion carried by the  
following vote: 4-0.  
1. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operation plan and phasing plan.  
2. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet current requirements of applicable sections  
of Wisconsin Commercial Building Code or Uniform Dwelling Code.  
3. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the county zoning  
administrator upon request.  
4. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local,  
county, state and federal licensing requirements. Copies of approved licenses or  
other evidence of compliance  
with be provided to the county zoning administrator upon request.  
5. Existing onsite wastewater sewage disposal systems, if any, serving the  
conditional use must be inspected by a licensed plumber to determine its  
suitability for the proposed or expanded use. Deficient systems must be  
brought, at the owner’s expense, into full compliance with the current  
requirements for new development of  
the state plumbing code and Chapter 46 Dane County Code.  
6. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and  
operations plan.  
7. Off street parking and circulation must be provided, consistent with s.  
10.102(8) of County Ordinances.  
8. If Dane County Highway Transportation and Public Works Department or the  
town engineer determine that road intersection improvements are necessary to  
safely accommodate the conditional use, the cost of such  
improvements shall be borne by the landowner. Costs borne by the landowner  
shall be proportional to the  
incremental increase in traffic associated with the proposed conditional use.  
9. The County Zoning Administrator or designee may enter the premises of  
operation in order to inspect those  
premises and to ascertain compliance with these conditions or investigate an  
alleged violation. Zoning staff  
conducting inspections or investigations will comply with any applicable  
workplace safety rules or standards for  
the site.  
10. The owner must post, in a prominent public place and in a form approved by  
the county zoning administrator, a placard with the approval of the Conditional  
Use Permit number, the nature of the operation, name and contact information  
for the operator, and contact information for the Dane County Zoning Division.  
11. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
12. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or  
enforcement of sustained violations, may be grounds for revocation of the  
conditional use permit. The holder of  
a conditional use permit shall be given reasonable opportunity to correct any  
violations prior to revocation.  
Conditions Unique to CUP 2600  
13. Horse boarding operations shall be limited to a maximum of 4 horses and/or  
steers at any one time.  
14. Owner/Operator shall be responsible for instituting and complying with a  
nutrient management plan and/or  
animal waste disposal plan written to NR 151 standards and approved by Dane  
County Land and Water  
Resources, if applicable.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
02601  
PETITION: CUP 02601  
APPLICANT: BRIAN AND JULIE OLSON  
LOCATION: 2091 LESLIE ROAD, SECTION 23, TOWN OF DUNKIRK  
CUP DESCRIPTION: caretakers residence and limited outdoor storage  
Attachments: CUP #2601.pdf  
CUP 2601 Staff Report  
CUP 2601 Town Action  
CUP 2601 DUNKIRK MAP  
CUP 2601 APP  
In support: Brian and Julie Olson  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, to approve the  
conditional use permit based on the findings of fact as noted in the staff report  
and it has been determined that the CUP meets the 8 standards of obtaining a  
CUP with the conditions as noted in the staff report. The motion carried by the  
following vote: 4-0.  
1. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operation plan and phasing plan.  
2. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet current requirements of applicable sections  
of Wisconsin Commercial Building Code or Uniform Dwelling Code.  
3. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the county zoning  
administrator upon request.  
4. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local,  
county, state and federal licensing requirements. Copies of approved licenses or  
other evidence of compliance  
with be provided to the county zoning administrator upon request.  
5. Existing onsite wastewater sewage disposal systems, if any, serving the  
conditional use must be inspected by a licensed plumber to determine its  
suitability for the proposed or expanded use. Deficient systems must be  
brought, at the owner’s expense, into full compliance with the current  
requirements for new development of  
the state plumbing code and Chapter 46 Dane County Code.  
6. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and  
operations plan.  
7. Off street parking and circulation must be provided, consistent with s.  
10.102(8) of County Ordinances.  
8. If Dane County Highway Transportation and Public Works Department or the  
town engineer determine that road intersection improvements are necessary to  
safely accommodate the conditional use, the cost of such  
improvements shall be borne by the landowner. Costs borne by the landowner  
shall be proportional to the  
incremental increase in traffic associated with the proposed conditional use.  
9. The County Zoning Administrator or designee may enter the premises of  
operation in order to inspect those  
premises and to ascertain compliance with these conditions or investigate an  
alleged violation. Zoning staff  
conducting inspections or investigations will comply with any applicable  
workplace safety rules or standards for  
the site.  
10. The owner must post, in a prominent public place and in a form approved by  
the county zoning administrator, a placard with the approval of the Conditional  
Use Permit number, the nature of the operation, name and contact information  
for the operator, and contact information for the Dane County Zoning Division.  
11. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the  
site, available for inspection to the public during business hours.  
12. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or  
enforcement of sustained violations, may be grounds for revocation of the  
conditional use permit. The holder of  
a conditional use permit shall be given reasonable opportunity to correct any  
violations prior to revocation.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
2023 OA-033  
AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF  
ORDINANCES, INCORPORATING AMENDMENTS TO THE TOWN OF  
BLACK EARTH COMPREHENSIVE PLAN INTO THE DANE COUNTY  
COMPREHENSIVE PLAN  
DOOLAN and HUELSEMANN  
Sponsors:  
Attachments: 2023 OA-033  
2023 OA-033 Plan Text with Edits  
2023 OA-033 Staff Memo REVISED.pdf  
In support: None  
Opposed: None  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Ordinance  
Amendment be recommended for approval. The motion carried by the following  
vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
11961  
PETITION: REZONE 11961  
APPLICANT: UNDER THE OAK TREES LLC  
LOCATION: 3136 OAK ST, SECTION 4, TOWN OF PLEASANT  
SPRINGS  
CHANGE FROM: RR-4 Rural Residential District TO GC General  
Commercial District  
REASON: zoning to allow for institutional residential use  
Attachments: 11961 Staff Update  
11961 Town Action  
11961 Deed Restriction - Under the Oak Trees LLC - DRAFT 06-29-23  
11961 RR-4 District Fact Sheet  
11961 GC District Fact Sheet  
11961 MAP  
11961 APP  
11961 Dane Co Sherrif Letter of Support  
In support: Travis Dettinger  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
1. A deed restriction shall be recorded on the lot stating the following:  
a. Land uses on the property shall be limited exclusively to the following  
permitted uses:  
i. Undeveloped natural resource and open space areas  
ii. Utility services associated with, and accessory to, a permitted or conditional  
use  
b. Land uses on the property shall be limited exclusively to the following  
conditional uses:  
i. Institutional Residential and associated accessory uses  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
02598  
PETITION: CUP 02598  
APPLICANT: UNDER THE OAK TREES LLC  
LOCATION: 3136 OAK STREET, SECTION 4, TOWN OF PLEASANT  
SPRINGS  
CUP DESCRIPTION: institutional residential and associated accessory  
uses  
Attachments: CUP 2598 Staff Update  
CUP 2598 Town Action  
CUP 2598 ADDENDUM 7-5-23  
CUP 2598 Site Plans 5-17-23 full size  
CUP 2598 MAP  
CUP 2598 APP rev  
In support: Travis Dettinger, Dan O'Callaghan  
A motion was made by BOLLIG, seconded by MCGINNITY, to approve the  
conditional use permit based on the findings of fact as noted in the staff report  
and it has been determined that the CUP meets the 8 standards of obtaining a  
CUP with the conditions as noted in the staff report. The motion carried by the  
following vote: 4-0.  
1. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
2. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet the current requirements of the applicable  
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.  
3. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the zoning  
administrator upon request.  
4. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements.  
Copies of approved licenses or other evidence of compliance will be provided to  
the zoning administrator upon request.  
5. Existing onsite wastewater sewage disposal systems, if any, serving the  
conditional use must be inspected by a licensed plumber to determine its  
suitability for the proposed or expanded use. Deficient systems must be brought,  
at the owner’s expense, into full compliance with the current requirements for  
new development of the state plumbing code and Chapter 46, Dane County  
Code.  
6. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
7. Off-street parking must be provided, consistent with s. 10.102(8).  
8. If the Dane County Highway, Transportation and Public Works Department or  
the town engineer determine that road intersection improvements are necessary  
to safely accommodate the conditional use, the cost of such improvements shall  
be borne by the landowner. Costs borne by the landowner shall be proportional  
to the incremental increase in traffic associated with the proposed conditional  
use.  
9. The Zoning Administrator or designee may enter the premises of the operation  
in order to inspect those premises and to ascertain compliance with these  
conditions or to investigate an alleged violation. Zoning staff conducting  
inspections or investigations will comply with any applicable workplace safety  
rules or standards for the site.  
10. The owner must post, in a prominent public place and in a form approved by  
the zoning administrator, a placard with the approved Conditional Use Permit  
number, the nature of the operation, name and contact information for the  
operator, and contact information for the Dane County Zoning Division.  
11. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
12. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit. The holder of a conditional use permit  
shall be given a reasonable opportunity to correct any violations prior to  
revocation.  
Conditions Specific to CUP 2598  
13. The institutional residential activity shall be limited to the Under the Oak  
Trees LLC organization.  
14. Livestock on site shall be limited to 3 animal units, as stated in the CUP  
application for the purpose of equine assisted therapy, an ancillary use to the  
principal institutional residential use.  
15. No goods or services may be sold from the property.  
16. This CUP will be reviewed by the Pleasant Springs Planning Commission  
annually for the purpose of remaining in compliance of the conditions.  
17. Applicant must supply the town of Pleasant Springs Clerk the name and  
phone number of a 24-hour contact in case there is a problem at the property.  
18. The use of the parcel must be only in accordance with the stated purpose on  
the application  
19. Institutional residency on site shall be limited to a total of 18 women and their  
children taking part in the Under the Oaks program and 4 adult live-in house  
parents.  
20. The conditional use permit shall automatically expire upon transfer of the  
property.  
21. This conditional use permit shall not be effective until the property is rezoned  
to GC General Commercial via rezone petition #11961 becoming effective.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
11962  
PETITION: REZONE 11962  
APPLICANT: MOUNT VERNON HILLS II LLC  
LOCATION: LANDS WEST OF COUNTY HWY G AND NORTH OF DAVIS  
STREET, SECTION 34, TOWN OF SPRINGDALE  
CHANGE FROM: AT-35 Agriculture Transition District TO SFR-1 Single  
Family Residential District, AT-35 Agriculture Transition District TO SFR-2  
Single Family Residential District  
REASON: create 7 residential lots and 1 residential spot zone  
Attachments: 11962 Ord Amend.pdf  
11962 Staff Update  
11962 Town Action  
11962 Density  
11962 Concept Plan  
11962 MAP  
11962 APP  
In support: Nathan Lockwood  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning  
Petition be recommended for approval. The motion carried by the following  
vote: 3-1. (Kiefer: No)  
1. A deed restriction shall be recorded on the balance of the property remaining  
in AT-35 (tax parcels  
060734490020, 060734485008, 060734380611, 060734380022, 060734328508,  
060734326206, 060734310991, 060734295017, 060734283119, and 060734190611)  
stating the following:  
a. Further residential/nonfarm development is prohibited on the remaining  
AT 35 zoned land. The housing density rights for the former Louis H. and Cynthia  
A. Heitke farm have been exhausted per the Town Comprehensive Plan density  
policies.  
2. The applicant shall submit a preliminary plat and final plat for the proposed  
lots to Dane County for review and approval, and shall record the final plat with  
the Dane County Register of Deeds.  
3. The rezone will not become effective until a final plat is approved and fully  
executed by the Town of Springdale.  
4. The subdivision plat shall restrict access onto County Highway G subject to  
Dane County Highway requirements.  
3 - BOLLIG,DOOLANandMCGINNITY  
1 - KIEFER  
Ayes:  
Noes:  
1 - RATCLIFF  
Excused:  
02583  
PETITION: CUP 02583 - WITHDRAWN  
APPLICANT: ARIF M KHAN & SADIA ARIF  
LOCATION: 3486 COUNTY ROAD MN, SECTION 2, TOWN OF DUNN  
CUP DESCRIPTION: 174' monopole communication tower  
Attachments: CUP 2583 Withdrawn.pdf  
CUP 2583 - Staff update and recommendations 080323  
CUP 2583 - Town of Dunn Letter 080123  
CUP 2583 - Subject Property Owner-Applicant Signed Lease  
Agreement (70' x 70' lease area)  
CUP 2583 Staff Update - 3-28-23  
CUP 2583 - CityScape Supplemental Memo (analysis of lower tower  
height)  
CUP 2583 CityScape RF Engineering Report  
CUP 2583 - Tower Photosimulations  
CUP 2583 - DISH RF Engineer Affidavit  
CUP 2583 - Site Plan  
CUP 2583 - Fall Zone Letter  
CUP 2583 - FCC Statement of Compliance for RF Emissions  
CUP 2583 Applicant response to CUP Standards  
CUP 2583 Map  
CUP 2583 - Applicant Property Value Study - McFarland Waukesha  
(recvd 021723)  
CUP 2583 - Applicant Property Value Study - McFarland - Greendale  
(recvd 021723)  
CUP 2583 - Appliccant McFarland Property Map & List (recvd 021723)  
CUP 2583 DISH Site Plan Ground (recvd 022123)  
CUP 2583 - CTH MN Access Permit  
CUP 2583 - Applicant Town of Dunn CUP Response 020623  
CUP 2583 Full Application  
CUP 2583 Public Comment - Priscilla Riecks  
CUP 2583 Public Comment - Steve Riecks  
CUP 2583 Village of McFarland Opposition Ltr (recvd 022123)  
CUP 2583 Riecks photo.pdf  
CUP 2583 - McFarland Adopted Comp Plan Transportation Map  
CUP 2583 - McFarland-East-Side-Plan Proposed Street Network  
CUP 2583 - Additional neighborhood photos  
CUP 2583 - McFarland Future Land Use Map  
CUP 2583 - Subject property survey  
CUP 2583 - Applicant Search Ring Map  
CUP 2583 - Staff email 9-16-23 regarding prelim application  
CUP 2583 - 2023-03-14 Written Agreement to Extend 90-day Time  
Period SIGNED  
CUP 2583 - 2023-03-28 Written Agreement to Extend 90-day Time  
Period - SIGNED  
CUP 2583 - 2023-04-18 Written agreement to extend timeframe for  
action (to 6-9-23)  
CUP 2583 - Written Agreement to Extend 90-day Time Period to  
August 8, 2023  
CUP 2583 - Written Agreement to Extend 90-day Time Period to  
August 22, 2023  
No action taken by Committee.  
2023  
ACT-004  
RECONSIDERATION OF CUP 2578 FOR A 195’ SELF-SUPPORTING  
COMMUNICATION TOWER LOCATED ON THE PROPERTY AT 1576  
SPRING ROAD, SECTION 3, TOWN OF DUNKIRK  
Attachments: CUP #2578 REV.pdf  
CUP 2578 Reconsideration - staff update and recommendations  
CUP 2578 Aviation Safety Compliance Report  
CUP 2578 Reconsideration - Staff Update Memo  
CUP 2578 - Opposition letters  
CUP 2578 - Applicant Airspace Safety ASAC Consultant Report  
CUP 2578 - Applicant proposed tower lighting details  
CUP 2578 - WISDOT staff comments on concerns  
CUP 2578 - WISDOT staff response RE_ Summary of airport  
concerns with cell tower at 1576 Spring Rd (CUP 2578)  
CUP 2578 Corporation Counsel letter  
CUP 2578 Iron Mountain Notice Letter  
CUP 2578 RF Engineering Report  
CUP 2578 Updated Photosimulations 112922  
CUP 2578 Application package  
CUP 2578 Supplement - Updated FAA No Hazard Determination  
CUP 2578 Supplement - Updated Notarized Sworn Statement  
CUP 2578 Supplement - Updated Construction Drawings and Site  
Plan (092922)  
A motion was made by MCGINNITY, seconded by BOLLIG, after reconsideration,  
re-approve conditional use permit #2578 based on the findings of fact as noted in  
the staff report and it has been determined that the CUP meets the 8 standards of  
obtaining a CUP with the amended conditions as noted in the staff report.. The  
motion carried by the following vote: 4-0.  
1. Any conditions required for specific uses listed under s. 10.103. (See below)  
2. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan. The  
applicant shall provide an updated site plan and construction drawings for a  
tower not to exceed 163’ above ground level.  
3. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet the current requirements of the applicable  
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.  
4. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the zoning  
administrator upon request.  
5. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements.  
Copies of approved licenses or other evidence of compliance will be provided to  
the zoning administrator upon request.  
6. Existing onsite wastewater sewage disposal systems, if any, serving the  
conditional use must be inspected by a licensed plumber to determine its  
suitability for the proposed or expanded use. Deficient systems must be brought,  
at the owner’s expense, into full compliance with the current requirements for  
new development of the state plumbing code and Chapter 46, Dane County  
Code.  
7. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
8. Off-street parking must be provided, consistent with s. 10.102(8).  
9. If the Dane County Highway, Transportation and Public Works Department or  
the town engineer determine that road intersection improvements are necessary  
to safely accommodate the conditional use, the cost of such improvements shall  
be borne by the landowner. Costs borne by the landowner shall be proportional  
to the incremental increase in traffic associated with the proposed conditional  
use.  
10. The Zoning Administrator or designee may enter the premises of the  
operation in order to inspect those premises and to ascertain compliance with  
these conditions or to investigate an alleged violation. Zoning staff conducting  
inspections or investigations will comply with any applicable workplace safety  
rules or standards for the site.  
11. The owner must post, in a prominent public place and in a form approved by  
the zoning administrator, a placard with the approved Conditional Use Permit  
number, the nature of the operation, name and contact information for the  
operator, and contact information for the Dane County Zoning Division.  
12. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
13. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit. The holder of a conditional use permit  
shall be given a reasonable opportunity to correct any violations prior to  
revocation.  
Conditions of approval specific to communications towers (derived in part from  
section 10.103(9)(d)).  
1. The communication tower approved under CUP 2578 is intended to support  
installation of mobile service facility(ies) as defined under sec. 66.0404,  
Wisconsin Statutes, and shall be designed to support, without substantial  
modification, at least three users (the primary user and two collocation sites). A  
Wisconsin-licensed Structural Engineer shall approve and stamp the tower  
design, and certify that the tower can support at least three users.  
2. Visual screening and/or landscaping shall be installed around the fenced  
tower compound to minimize the aesthetic impact of the tower and compound  
area. The compound area shall be fenced with hedgelink style  
3
fencing and a minimum of 3 trees shall be planted. The permit holder must  
obtain town board approval of the fencing and tree plantings prior to installation.  
Any trees planted shall be maintained in viable growing conditions. 3. The tower  
shall include daytime (white) and nighttime (red) lighting. Lighting shall be  
installed and maintained in accordance with FAA Advisory circular 70/7460-1 M.  
To the extent it is consistent with the aforementioned FAA Advisory circular, the  
tower shall utilize an LED lighting kit. If Matson airport ceases to operate in the  
future, the owner/operator of the tower shall remove the safety lighting.  
4. The proposed structure shall not be painted a color incompatible with the  
environment.  
5. The tower owner shall make the collocation sites required hereunder  
available for the placement of technologically compatible antenna arrays and  
equipment upon contractual provisions which are standard in the industry and at  
prevailing market rates allowing the permit holder to recoup the cost of  
providing the collocation sites and a fair return on investment.  
6. No lease or deed restriction on property that is proposed for the location of a  
mobile service support structure or mobile service facility shall preclude the  
owner or lessee from entering into agreements, leases, or subleases with other  
providers or prohibit collocation of other providers.  
7. Upon written inquiry by the committee, the holder of a Conditional Use Permit  
issued under this section shall have the burden of presenting to the committee  
credible evidence establishing to a reasonable certainty the continued  
compliance with all applicable standards and conditions placed upon the  
conditional use permit. Failure to establish compliance with the standards and  
conditions shall be grounds for revocation of the permit. In the event the  
committee determines that it is necessary to consult with a third party to  
ascertain compliance with the standards and conditions, all reasonable costs and  
expenses, except travel expenses, associated with such consultation shall be  
borne by the holder of said conditional use permit. Failure to pay such costs and  
expenses or provide information requested by the committee shall be grounds  
for revocation of the conditional use permit.  
8. Within 90 days of approval of the conditional use permit, or prior to issuance of  
a zoning permit for construction of the approved communication tower,  
whichever comes first, the tower owner shall provide Dane County with a bond,  
or evidence of an existing bond, in the amount of $20,000 ensuring performance  
of owner’s obligation to remove any communication tower, array or any other  
equipment or structure placed or erected pursuant to the conditional use permit,  
including payment for such removal by Dane County or its agent, in the event the  
permit is revoked or the use permitted thereunder ceases for a continuous period  
of 12 months. Said bond shall expressly state that it will remain in full force and  
effect for a period of at least six months after the surety provides Dane County  
written notification of expiration or termination of the surety's obligation under  
the bond. Applicant shall remove any communication tower, array or any other  
equipment or structure placed or erected pursuant to the conditional use permit  
no less than 60 days prior to the termination or expiration of the bond required  
hereunder.  
9. If the mobile service facility(ies) to be provided from the communication tower  
are not installed within 1 year of the date of conditional use permit approval, or if  
the mobile service facility(ies) are later removed, or cease to be used for a  
continuous period of 12 months, the county zoning committee may take action to  
revoke the conditional use permit. In the event the permit is revoked, the tower  
owner shall remove the tower within 60 days of the county zoning committee  
action. If the tower is not removed within the 60 days, the county may enter upon  
the premises and remove the tower at the expense of the tower owner.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
F. Plats and Certified Survey Maps  
G. Resolutions  
H. Ordinance Amendment  
2023 OA-033  
AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF  
ORDINANCES, INCORPORATING AMENDMENTS TO THE TOWN OF  
BLACK EARTH COMPREHENSIVE PLAN INTO THE DANE COUNTY  
COMPREHENSIVE PLAN  
DOOLAN and HUELSEMANN  
Sponsors:  
Attachments: 2023 OA-033  
2023 OA-033 Plan Text with Edits  
2023 OA-033 Staff Memo REVISED.pdf  
See action above.  
2023 OA-010  
AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF  
ORDINANCES, REGARDING THE DEFINITION OF "DAY CARE  
CENTER"  
DOOLAN, KIEFER, ENGELBERGER, JOERS and GLAZER  
Sponsors:  
Attachments: 2023 OA-010 Memo to ZLR w_Attachment  
2023 OA-010  
2023 OA-010 FISCAL NOTE  
2023 OA-010 June 27 Newspaper Notice  
Email to Towns RE Dane County Zoning Ordinance Amendment, 2023  
OA-010, RE Definition of Day Care Center  
2023 OA-010 RE Definition of Day Care Center_Memo to Towns  
2023 OA-010 Town Board Action Form  
2023 OA 10 Town Action Tally and Scanned Actions  
A motion was made by BOLLIG, seconded by KIEFER, that the Ordinance be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
I. Items Requiring Committee Action  
J. Reports to Committee  
Proposed updates to the Dane County FEMA FIRM maps  
2023  
RPT-211  
Attachments: Proposed FEMA map amendment memo.pdf  
FEMA Flyer.pdf  
Map showing update areas  
FEMA notice letter  
Zoning Administrator Lane informed the Committee that FEMA will be holding a  
public hearing regarding revisions to the FIRM maps on August 29th starting at  
4:00pm at the McFarland Municipal Center, 5915 Milwaukee Street, McFarland,  
WI. The general public will have an opportunity to review the revised maps and  
ask questions.  
Update on Planning Division Regional Housing Strategy Project  
2023  
RPT-212  
Senior Planner Parry updated the Committee on the progress made on the  
Regional Housing Strategy Project.  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by BOLLIG, seconded by MCGINNITY, that the August 22,  
2023 meeting be adjourned at 8:28 PM. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused: