Town of Berry, Wi

Other Articles from Past Newsletters

DOT powerpoint presentation

HIGHWAY 14 THROUGH CROSS PLAINS AND BEYOND
Peering at projections and analyses, WIS DOT experts have determined that Highway 14 is nearing the end of the period when it can adequately provide safe and dependable transportation through our area between Madison and West Central Wisconsin.  Anyone driving through the Village of Cross Plains at rush hour probably reaches the same conclusion with less somewhat effort.  Plans call for a two step process to improve transportation along the highway 14 corridor. 
The first step is to improve the existing two lane road to accommodate more traffic.  As part of this process, the Wisconsin Department of Transportation plans to rebuild highway 14 through the Village of Cross Plains during 2014. At the same time, the Village will relocate and replace sewer and water mains under the highway.   The County P bridge over Black Earth Creek will also be replaced.   
Planning for this project is well underway, but it is still early enough to receive citizen input.   A presentation about the project made at meeting in September can be found at [insert link to ppt document on Berry web site].   There will be another public meeting sometime in January where citizens may again make comments.  If you have suggestions about how you would like the highway built to better serve you, speak up.  You won’t be heard if you don’t.  It is said that squeaking wheels get the grease, and a large majority of those who spoke at the September meeting reside or run businesses in the village.  Much less concern came from those who only want to get through the village on their way to work.  Comments regarding the project and requests to be receive information of future meetings can be addressed to: Bill Strobel
william1.strobel@dot.wi.gov 242-8009 or Scott Hasburgh scott.hasburgh@meadhunt.com 273-6380

Plans for implementing first stage improvement outside of the village are still quite preliminary.  A recent study did a rather thorough analysis of what it will take to improve the current two lane road to improve safety and provide highway transportation for the next 20 years.  The results of this study can be found at: http://www.dot.wisconsin.gov/projects/swregion/us14projects/14study/index.htm
This is a rather lengthy report.  If you are sensitive to the length of download time, I suggest that you do only one chapter at a time.  There are a few recommendations of this study that directly affect Berry, the most obvious being rerouting County Highway KP along Scherbel road for a few hundred yards to provide a better, safer intersection with Highway 14.
Step two, transportation beyond about 2032 remains a need without a plan. The current highway, even with planned improvements, is projected to be inadequate to provide transportation needs for Western Dane County and West Central Wisconsin. Something else is needed.  The Good Neighbor Committee has studied and talked about the problem for at least six years without reaching a satisfactory conclusion.  Not deciding what to do, however, doesn’t make the problem go away.  The area will need a transportation system with greater capacity than the current highway within 20 years more or less.  Stay tuned. But don’t hold your breath.

- October 2011 Newsletter

Zoning 101

A-1EX Explained
Splits Explored
RH Explored

Zoning 101

Zoning districts are classifications established by a zoning ordinance and appear on the map which is part of the zoning ordinance. The district which covers any given parcel of land defines what uses are permitted on that land. There are four main zoning districts in Dane County: Agricultural, Residential, Commercial, and Industrial.

     In Dane County, town zoning authority works in conjunction with county authority. The county board has passed a general zoning ordinance including a text and map of zoning districts. The town board voted to approve this ordinance text and zoning district map for the town. Thus, lands in the town come under county zoning and changes to zoning district designations in the town must be approved by the county board. The town board acts on individual petitions for changes in zoning for a particular parcel (rezoning). The town board of the affected town may approve or disapprove the petition. If the town disapproves, the rezoning petition cannot become effective unless it is amended, and that amended petition is approved by the towns. The County ZNR Committee does not act on rezoning requests until the town has completed action on the item.

A-1EX Explained

The overwhelming majority of the Town of Berry is zoned A-1EX – Agricultural Exclusive.  The short description of this zoning is: “Farms greater than 35 acres with homes for farmers only”.

The purposes of the A-1 Exclusive Agriculture District are to:
* preserve productive agricultural land for food and fiber production.
* maintain a viable agricultural base to support agricultural processing and service industries.
* prevent conflicts between incompatible uses.
* reduce costs for providing services to scattered non-farm uses.
* pace and shape urban growth.
* implement the provisions of the county agricultural plan.
* comply with the provisions of the Farmland Preservation Law.

      Lands included within the A-1 Exclusive Agriculture District are lands in productive farm operations.  These are lands historically exhibiting good crop yields; lands which have been productive for dairying, livestock raising and grazing; other lands which are integral parts of such farm operations; land used for the production of specialty crops such as mint, sod, fruits and vegetables; and lands which are capable of productive use through improvements such as irrigation.

 Some of the permitted uses are:
    * Agricultural uses.
    * Structures and improvements, such as silos, barns, sheds, livestock shelters or storage sheds.
    * Residence for the farm owner or operator who earns substantial income from the farm operation.
    * Secondary farm residences which are occupied by a person who earns a substantial part of their livelihood from operations on the farm.
    * Rental of existing or secondary residences no longer utilized in the operation of the farm.

      Many of us own “non-conforming” parcels. That is, our land is zoned A1-Ex, but it does not meet the current definition (greater than 35 acres and homes for farmers only). Most of the rezoning in the town is from A-1EX to RH-1. The RH series (1-4) is for residential Rural Homes, divided by acreage with a minimum lot size of 2 acres for RH-1.

Splits Explored

Residential development in Berry is limited by residential density standards. These standards are in the town land use plan, which is incorporated in the county’s farmland preservation plan. These plans designate “agricultural preservation areas” - land that is generally zoned A-1 Exclusive Agricultural – where new residential development is limited to one house lot (or “split”) per 35 acres of undeveloped land owned at the time the town adopted this zoning. These house lots are typically created by rezoning a portion of land zoned A-1 Exclusive to another zoning district – typically in the RH series.

      The residential density standard was originally derived from the state’s Farmland Preservation Program statute, which provides that tax credits may only be received by owners of parcels 35 acres or larger. At the time of the initial adoption of A-1 Exclusive zoning in 1981 – Berry adopted the residential density standard of one unit per thirty-five acres because of its use in the state programs.  One residence can be created per 35 acres owned in 1981. Those owning between 4-35 acres in 1981 can create one additional residence.

      The density standard is not a thirty-five acre minimum lot size.  It is the ratio of the number of allowable lots that can be derived from the amount of land owned.  An owner of 140 acres in 1981 had 4 “splits” (140/35=4).  They could create 4 lots of 2 acres in size, 4 lots of 35 acres in size, or many other combinations. In most cases, a rezoning is required to exercise this density policy.

     Since 1981, no additional “splits” have been created in the Berry.  The Plan Commission is charged with developing and maintaining a computerized data base for all land divisions in the Town since 1981.

RH Explored

Rural Housing Table

Most of the re-zoning that occurs in Berry is from A1-Ex to the RH (Rural Homes) series.  The most important difference between the RH designations, RH-1 through RH-4, is in the minimum lot size requirements shown in table 1.

  The RH series of zoning districts allow the following permitted uses:

    * Single family detached dwellings.
    * Utility services.
    * Home occupations, defined in section 10.01(25).
    * Uses and buildings, clearly incidental and necessary to permit use on the premises.
    * Community living arrangements for less than nine persons.
    * Licensed foster homes for less than five children.
    * Agricultural uses, the number of livestock kept shall not exceed one animal unit for each full acre.
    * Utility services.

   Conditional use permits in the RH District may be granted for the following uses:
    * Day care centers.
    * Community living arrangements for nine or more persons.
    * Governmental uses.
    * Religious uses.
    * Dependency living arrangements.
    * Bed & breakfasts.
    * Schools.

Table 2 Animal Units defined     One of the features of the Rural Homes District when compared to the Residential District is the ability to legally keep livestock – one animal unit per acre. Table 2 shows the calculations used to determine an animal unit:

     You could keep one cow or one horse per acre. But, if you wanted to diversify, or just feel like Noah, you could keep 2 hogs, 2 sheep, 2 goats, 2 chickens, 2 turkeys, 2 ducks, 2 geese, and 2 rabbits per acre. All of these add up to one animal unit.

     If this series has merely whetted your appetite for zoning knowledge, you can find much more information at the Dane County Zoning Commission website at:

     There is also a map of the current (dated 2000) zoning districts in the Town of Berry at the Dane County Map Catalog website at:      http://www.co.dane.wi.us/lio/mapcatalog.asp