Land Division & Zoning Change Permits

LAND DIVISION

All land divisions, except the ones exempted in the Land Division Ordinance, require approval by the Town Board. The Town’s policies on land division can be found in the Town’s Land Use Plan and Land Division Ordinance. The County’s policies can be found in its Land Division Regulations. Be aware that is possible to receive a land division that creates a parcel of land that will not meet the requirements for a building or driveway permit. The Land Use Plan and the Land Division Ordinance require that a proposed land division preserve, and not interfere, with productive farmland and will not conflict with other goals and policies set forth in the Town of Perry Land Use Plan or Land Division Ordinance. Any request that conflicts with this requirement may be denied.

If a land division creates a parcel between 35 and 80 acres, a certified survey will be required. If a certified survey is required, the Town’s approval will be contingent upon compliance with the instructions in the Land Division Ordinance on “Division by Certified Survey.” Building sites must be shown on the certified survey.

Step 1:  Apply

* Applicants should begin the process with Dane County at the same time as with the Town.  Information on land division is available on the Dane County Planning & Development website, in the section titled, Zoning Division.

  1. Complete a Permit Application, selecting “Land Division.”
  2. Obtain the following exhibits:
    • Plat Map
    • Aerial photo/site analysis
    • Soil/slope analysis
    • Site plan (if applicable)
  1. Submit the completed Permit Application (include original + 8 copies of the application and each exhibit) and fee of $550 to the Town Deputy Clerk, Stephanie Zwettler.  
  2. Proceed to Step 2 outlined below.

 

Note:  If applying for a multiple land divisions or zoning changes at the same time, only one application fee is necessary:  they can all be combined under a single deposit of $550.  However, if they are submitted at different times, a deposit will be charged each time.  Applications requiring only one site view for approval may be eligible for up to 50% refund of this fee.  However, applications that result in more than one site view will require an additional fee of $250.00 per site visit.  

 


ZONING CHANGE

Zoning changes usually involve a change from one zoning district to another zoning district. A change in the type of use allowed within an existing district a Conditional Use Permit (CUP) must be requested. Decisions on requests for zoning changes in the Town of Perry are made jointly by the Town of Perry and Dane County. Such requests must be consistent with the policies of both government units. The Town’s policies can be found in the Town’s Land Use Plan. 

The County’s policies on rezoning can be found on Dane County’s Planning & Development website, in the section titled,  Zoning Division. (Copies are also available from Dane County Planning & Development.) *Before applying with the Town, you should confirm with Dane County Planning & Development that the use you propose is consistent with the requested zoning district or with the list of conditional uses permitted.

Step 1:  Apply

* Applicants should begin the process with Dane County at the same time as with the Town.  See paragraph above.

  1. Complete a Permit Application, selecting “Zoning Change.”  (Or “Conditional Use Permit,” if applicable)
  2. Obtain the following exhibits:
    • Plat Map
    • Aerial photo/site analysis
    • Soil/slope analysis
    • Site Plan (if applicable) or legal description and map of the CUP area.
    • Land Division Approval (if this property was divided from a larger one)
  1.   Submit the completed Permit Application (include original + 8 copies of application and each exhibit) and fee of $550 to the Town Deputy Clerk, Stephanie Zwettler.  (For “Conditional Use Permit,” fee is $300)
  2.  Proceed to Step 2.

 

Note:  If applying for multiple zoning changes or land divisions at the same time, only one application fee is necessary:  they can all be combined under a single deposit of $550.  However, if they are submitted at different times, a deposit will be charged each time.  Applications requiring only one site view for approval may be eligible for up to 50% refund of this fee.  However, applications that result in more than one site view will require an additional fee of $250.00 per site visit.  

 

Step 2:  After Applying for Land Division and/or Zoning Change

Upon receipt of the complete application with exhibits and the appropriate fee, the Deputy Clerk will issue the neighbor notification letter. This letter will be sent by certified mail to all adjoining landowners at least 10 days prior to the Land Use Committee’s regularly scheduled monthly meeting. The notification letter states the intended land use change, the date of the scheduled site viewing by the Land Use Committee and of the impending public hearing at the next regularly scheduled meeting of that committee.

 

Step 3:  At the Site View

It is necessary that you or your agent attend both the site viewing and the public hearing.  Failure to do so could result in a recommendation for denial or postponement of your application if there are questions that cannot be answered.

Sites must be field-staked.  Site views are held on the Saturday prior to the Land Use Committee meeting.  

It is possible that it might take more than one viewing and/or public hearing to resolve any concerns that might arise.

 

Step 4:  At the Land Use Committee Meeting

The Land Use Committee holds a meeting, usually the first Tuesday evening of the month, after the site view.  It is a public hearing to allow the applicant to present his/her intentions for the land division or zoning change. It is also the opportunity for neighbors and other residents of the community to express their concerns or questions and to present other pertinent information to the Committee.  

After careful consideration of the request, its conformity with the Land Use Plan and the Land Division Ordinance or Zoning Change Ordinance, and other information presented, the Land Use Committee will recommend approval, conditional approval, denial, or tabling to allow time to gather additional information. This decision will be forwarded to the Town Board.

 

Step 5:  At the Town Board Meeting

The Town Board will then consider the application at its next scheduled meeting only if a recommendation has been made by the Land Use Committee. The Town Board usually meets on the second Tuesday of the month. Unless your appearance is requested to answer questions, you do not need to attend this meeting. However, if you choose to attend, be advised that this meeting is not a second public hearing, and your input should be limited to new information only.

After consideration, the Board will approve, conditionally approve, or deny your request. If approved, the Clerk will issue you an appropriate approval and report the Town’s actions to the Dane County Planning and Development.