A.
In cases where a subdivision or minor subdivision is part of a planned
unit development for which a specific implementation plan containing
revised design standards is recommended by the Plan Commission and
approved by the Common Council and recorded with the Dodge or Jefferson
County Register of Deeds, the waiver of or variance in the design
standards required by this section shall be considered to have been
granted.
B.
Variances not related to a planned unit development may be granted
by the Common Council so that substantial justice may be done and
that the public interest is secured when, in its judgment, it would
be inappropriate to apply a provision of this chapter or when such
application would cause extraordinary hardship.
C.
A variance may be granted by the Plan Commission to permit a parcel
to be created by a proposed land division in the extraterritorial
review area when it is shown that the application satisfies the following
standards:
(1)
A finding of fact must be made that the purpose of the proposed parcel
is to be a lot for a dwelling unit which is to be occupied by a person
who, or a family at least one member of which, earns a substantial
part of his or her livelihood from farm operations on the parcel and/or
contributes work which is substantially needed in the farm operation
and is the parent or child of the farm operator or the spouse of the
farm operator; and
(2)
A finding of public interest must be made that the proposed parcel
and development design is reasonable upon consideration of these factors:
(a)
The potential for conflict with agricultural use.
(b)
The need of the proposed development for a location in an agricultural
area.
(c)
The availability of alternative locations.
(d)
Compatibility with existing or permitted development on adjacent
lands.
(e)
The productivity of the lands involved.
(f)
The location of the proposed development so as to reduce to
a minimum the amount of productive agricultural land converted.
(g)
The need for public services created by the proposed development.
(h)
The availability of adequate public services and the ability
of affected local units of government to provide them without a reasonable
burden.
(i)
The effect of the proposed development on water or air pollution,
soil erosion and rare or irreplaceable natural resources.
(3)
When the site is zoned Exclusive Agricultural (A-1) under the Dodge or Jefferson County Zoning Ordinance, the Commission shall defer to the county conditional use decision on the standards of Subsection C(2), where such a county decision is needed to establish the dwelling unit.
(4)
The minimum parcel size allowable under this Subsection C by variance is one acre, exclusive of any area dedicated to the public.
(5)
If a variance is granted under this subsection, the division of land
shall be subject to all other pertinent provisions of this and related
ordinances.
D.
Reasons and conditions for any waiver or variance granted shall be
entered in the minutes of the Common Council.
