Agenda - Planning Commission - 09/06/2018

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Zoning Bulletin July 25, 2018 I Volume 12 I Issue 14 the mean volume of the two structures within the 250-foot radius, the court agreed with the Abutters that the proposed building was "too large to be ap- proved . . . without a special permit." See also: MacGibbon v. Board of Appeals of Duxbnry, 356 Mass. 635, 255 N.E.2d 347, 1 Env't. Rep. Cas. (BNA) 1122 (1970). Vested Rights —After applicant files building permit for farm structures, town zones land as non-agricultural Applicant contends Wisconsin's Building Permit Rule applies to land and not just structures, thus vesting its right to agricultural use Citation: Golden Sands Dairy LLC v. Town of Saratoga, 2018 WI 61, 2018 WL 2710392 (Wis. 2018) WISCONSIN (06/05/18)—This case addressed the issue of whether the Building Permit Rule —which vests the right to use property consistent with current zoning at the time a building permit application that strictly conforms to all applicable zoning regulations is filed —applies to all land specifically identified in the building permit application, or whether it applies merely to structures. The Background/Facts: In June 2012, Golden Sands Dairy, LLC ("Golden Sands") filed a building permit application with the Town of Saratoga (the "Town"). Golden Sands sought to operate a farm on 6,388 acres in and around the Town. In furtherance of that use, Golden Sands' building permit applica- tion sought to build seven faun structures on 92 acres of the 6,388 acres. At- tached to Golden Sands' building permit application was a map of the property. The map highlighted the agricultural land in blue and the land on which the building structures would be constructed in yellow. The map was based on a U.S. Geological Survey topographical map that contained details such as county borders, roads, and latitude and longitude. At the time Golden Sands filed its building permit application, the Town did not have any zoning ordinances, and the county zoning ordinance zoned the land as "unrestricted," meaning it could be used for any lawful purpose. In October 2012, the Town passed a permanent zoning ordinance, which was ratified by the county in November 2012. Under the Town's new zoning ordinance, only 2% of the town —and none of Golden Sands' land —was zoned for agricultural use. Accordingly, Golden Sands' planned dairy farming opera- tion did not conform to the zoning ordinance. Ultimately, in light of its new zoning ordinance, the Town refused to issue the building permit to Golden Sands. Golden Sands then filed a mandamus ac- tion to compel the Town to issue the building permit. Golden Sands argued that the Building Permit Rule extended to all land specifically identified in a © 2018 Thomson Reuters 9