5556 Twin Lane Road

Marshall, WI 53559                                                                                                   website:  townofsunprairie.info

(608) 837-6688                                                                                                         clerk email address:  tspclerk@spwl.net

FAX (608)-825-4864

Preliminary Plans

General Guidelines on Land Use Changes

The attached packet of papers is to help you through the process of rezoning, conditional use permit application and land divisions.  Dane County Ordinance Chapter 10 governs zoning and conditional use permits.  The process can be divided into the following steps:

  1. Complete the attached preliminary plan form (page 4 with your map and explanations) and return to the Plan Commission, Roger Fetterly, Chair at 5556 Twin Lane Rd, Marshall, WI 53559 with $50.00 preliminary plans fee.
  2. Your request for review of preliminary plans will be added to the agenda of a Town Plan Commission meeting.  The Plan Commission meets on the 3rd Monday of each month at 7 pm.
  3. A copy of the agenda will be sent to you.  You will need to attend the meeting and present your request.  The plan commission members will ask questions of you.
  4. The Plan Commission will review your intent and request.  The Commission will give you an idea of whether you should proceed with your request at this time.  They will inform you of any questions and/or concerns they have regarding your intentions.   This meeting should occur prior to your application at the county level.
  5. At this point, if the Plan Commission is satisfied with your plans, you can make an application for a re-zone etc. at Dane County Planning and Development, Rm 116, City County Building, 210 Martin Luther King, Jr. Blvd., Madison. 266-4266. The County will establish county public hearing dates for your petition.
  6. The County will then provide the Town with copies of your formal application, county hearing notices and maps.
  7. The Town Plan Commission will hold a public hearing concerning your request.  You will be notified of this, as will neighboring landowners.  You or your agent will need to attend this meeting.  The Plan Commission may take action on your petition following the public hearing.  They may postpone or delay action if there are unresolved issues or questions.
  8. The Town Plan Commission will forward their recommendation to the Town Board; the Board takes final action on your request.  You must be present at that meeting.  The Town notifies the county concerning their decision.
  9. The County Zoning and Natural Resource Committee will hold a public hearing, you, or your agent is required to attend.  The county committee will not take action at that meeting.
  10. Following a decision at an executive session of the County Zoning and Natural Resource committee the petition is referred to the County Board for their action.  County Board and County Executive approval are necessary for a rezone to become effective.
  11. If your application includes a delayed effective date, you will need to have a certified survey map approved by the County Land Division Review Office and the Town Board.  The map will need to be registered with the Register of Deeds office within 90 days or the zoning will revert to the previous classification.

The following is a list of fees that you will be responsible for at the local level.  Please note that Dane County also has their own set of fees, which you will need to pay to them.

·   Preliminary Plans $50.00 Due with completed application.
·   Rezone Petition (PC & BD Public Hearing & Approval) $250.00 Due prior to Public Hearing.
·   Conditional Use Permit Request $125.00 Due prior to Public Hearing
·   Final Certified Survey Map Review $100.00 Due prior to Board Meeting about CSM
·   Park Fee $1500.00 Per Residential Dwelling Unit

Call 837-6688 if you have any questions.  The enclosed form should be returned to:  Roger Fetterly, Plan Commission Chair, 5556 Twin Lane Road, Marshall, WI 53559.
Information required for filing of Preliminary Plans for Change of Land Use,

Condition Use Permit or Land Division

Instruction for completion of form:

  1. Applicant – List the name, address, and phone number of the person(s) completing this form.


  1. Owner – If the owner of the land is different than the applicant, list the owner’s name, address and phone number.


  1. Location and Description of Land – List the parcel number, total parcel size, address of parcel, soil type and a brief description of the parcel.


  1. Action Requested – Circle the (A, B, C and/or D) of the action requested and provide information needed.


  1. Written Statement – Include a statement answering a. b. and c.


  1. Drawing or Map – complete as described.


  1. A fee of $50.00 – is due when this form is filed with the clerk. (Check payable to the Town of Sun Prairie).


Sign and Date form when completed.



Preparation for Plan Commission Meeting –  The following items should be reviewed by the applicant in order that your plans comply with town ordinances and land use plans.  Please be prepared to discuss.

  1. Lot size minimum of 40,000 sq. ft. (approximately 1 acre).
  2. Lots must front on and have access from a public road. (Minimum road frontage 66 ft.)
  3. Joint driveways may be required to protect the public safety and traffic capacity of public roads from traffic conflicts of consecutive driveways.
  4. Roads or driveways shall avoid crossing agricultural land to reach non-farm development.  Flag lots (long driveways) will be discouraged.
  5. Discourage use of lands defined as “prime agricultural land” on the USDA soil survey map.
  6. Such development shall be located so that it will not impact or limit neighboring farm operations.

Additional factors to consider:

  1. The Town’s Land Use Plan allows for the creation of 11 new residential parcels per year.*
  2. If the proposal involves taking land from Agricultural zoning, the plan commission uses the Land Evaluation Site Assessment (LESA) system to determine suitability for development. *
  3. When land is removed from Ag zoning, the Town requires a conservation easement on 2 acres of land for every one acre removed. * (see the Conservation Easement Ordinance)
  4. Zoning and current use of neighboring property.
  5. Town Ordinance prohibits cul de sac and dead end roads.
  6. The Board may deed restrict a conditional use permit, commercial, business or similar zoning to the specific use requested.
  7. Any special features of the proposed use, parcel of land, etc.  e.g. drainage easements, potential erosion problem, need to dedicate additional road right-of-way, etc.

*  Please check the Land Use section of the Town of Sun Prairie Comprehensive Plan for further information on this item.    The comprehensive plan is on our website:  townofsunprairie.info

Dane County Ordinance Chapter 10 – Zoning Districts

The Town of Sun Prairie follows Dane County Ordinance on Zoning requirements and procedures.  The following is an abbreviated listing of the various zoning districts and permitted uses.  A more complete listing is available at the business office or from Dane county zoning.

Residential Districts

R-1  Residential – minimum lot size of less than one full acre for one single family home.

R-1A Residential – lot size is one acre or more.  One single family home can be built

R-3A Residential – allows one duplex, or a single family home.  Minimum lot size is 40,000 sq. ft.

RH-1 Rural Homes – has 2 acre minimum lot size and allows one animal unit for each full acre.  One home can be built on this parcel.

RH-2 Rural Homes – has a 4 acre minimum lot size and is otherwise the same as RH-1 district.  One home can be built on this parcel.

RH-3 Rural Homes – is most appropriate for parcels from 8 to 16 acres.  It allows one home and keeping of animals at one animal unit per full acre owned.

RH-4 Rural Homes – is most appropriate for parcels of more than 16 acres.  One home and the keeping of animals is allowed as in the other RH districts.

Agricultural Districts

A-1 Exclusive Agriculture – is intended for parcels of 35 acres and over with the intent of preserving farmland.  A single family residence is permitted.

A-2 Agriculture – agricultural uses on parcels of less than 35 acres and to provide low density land uses compatible with agricultural and other rural uses.  Single family residence is permitted.  Conditional uses include:  mineral extraction, boarding stables, kennels, transmitting towers as well as others.

A-B Agriculture Business District – is for those uses which are commercial in nature; are associated with local agriculture production; require a rural location due to extensive land area needs and do not require urban services.

A-4 Small Lot Agricultural District – for preservation of agricultural and open space uses on zoning lots between 5 and 35 acres.  Applies to areas where non-agricultural development would be incompatible with agricultural uses and inconsistent with the Town’s adopted comprehensive plan.

Business, Commercial and Industrial Districts

B-1 Local Business – retail businesses and services that do not include manufacturing or assembly of items or product.

C-1 Commercial – Retail and service uses including but not limited woodworking shops machine shops and assembly plans, retail and service uses.

C-2 Commercial – Major repair of motor vehicles, sales of new and used motor vehicles, repairs, storage and service of contractor’s equipment, bulk fuel storage, sales and storage of lumber and building material, slaughterhouses, meat processing, utility services and a variety of other commercial services.  All uses permitted in the C-1 district can occur in C-2 without limitation as to size.

LC-1 Limited Commercial – General, mechanical and landscape contracting businesses and buildings used in connection with such activity:  Storage of construction equipment, outside storage of materials or supplies used by a contractor in fulfilling his contracts and not offered for sale to a user or consumer.

Other Districts

CO-1 Conservancy District – Permitted uses include:  hunting, fishing, trapping, sustained yield forestry, grazing, propagation and raising of game animals, fowl, fish.  Harvesting of wild crops such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.

RE-1 Recreational District – Permitted uses include:  Recreational facilities including but not limited to golf courses, driving ranges, tennis courts, archery ranges and baseball diamonds, provided that if located outside of a building they shall not be lighted to operate during the hours of darkness.


Preliminary Plans

for Change of Land Use, Conditional Use Permit or Land Division.

Please read page 2 for instructions and additional information.



Name:                                                                                      Phone:                                                


Mailing Address:

Email address                                                                                                                                   


  1. OWNER (if different than Applicant)

Name:                                                                                      Phone:





Current Zoning:                      Parcel Number:                                               Parcel Size:                


Parcel Address:                                                                       Soil Type:                                           


Current use:             Residential                  Cropland                Other (explain)


  1. ACTION REQUESTED (Circle requested change & complete the information.)


  1. Zoning change from                                                           to                   for                  acres.


  1. Conditional Use Permit for acres.


  1. Land Division (describe)


  1. Driveway access:  ____________ existing       _________ new access needed


  1. WRITTEN STATEMENT providing the following information must be attached to this form.

a.)    Proposed use of the property to be rezoned.

b.)    A time schedule for development.

c.)    Reasons why the property is suitable for the proposed use.


  1. DRAWING OR MAP of the parcel must be included with this form.  Include as much detail as possible.  All current and proposed structures, sewage systems and roads must be shown.


  1. A fee of $50.00 must be submitted with this form.


  1. I hereby certify that the information provided on this notice is true and correct.  I understand that failure to provide all required information may be grounds for denial of my request.




Applicant                                                        Date