Just Say "NO" to Zoning in Cady

Cady residents and landowners,

Please sign this online petition to preserve property rights in Cady, WI.

Preserve Property Rights in Cady, Wisconsin

What if the Founding Fathers had been Grandfathered In?

Benjamin Franklin once famously said “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Imagine for a moment if our founding fathers, the signers of the Declaration of Independence, instead of pledging their “lives, fortunes, and sacred honor” to the cause of freedom & liberty, had accepted an offer from King George to be “grandfathered in”, and therefore exempted from the burdens that the British empire was laying on the backs of the colonists. The king could have said, “Don’t worry gentlemen, this won’t affect you. You will be grandfathered in, and these laws will only affect the people who will be coming to the colonies after you. After all, we want to keep the colonies ‘English’, don’t we?” Do you think they would have even considered such an offer? It could have saved them a great deal of difficulties, to be sure. It would have been much easier on them than to fight the war for independence.

When it comes to laws that infringe on our liberties, the offer to be “grandfathered in” is an enticement to get us to go along with them despite finding them burdensome or repulsive because we would be negatively impacted otherwise. By promising to exempt us from the enforcement or consequences of not complying with the rules, we become less concerned because we believe that the burdens are only meant for others. It is much easier to approve of these new rules when we are told that they are not meant for us. However, while others are suffering from these difficulties that we’ve allowed, we still have to find a way to sleep at night.

Since the Declaration of Independence was signed on July 4, 1776, think of all the men and women of America who have selflessly sacrificed their lives and limbs for the sake of preserving the liberties that we enjoy and even take for granted. American colonists stood up to the most formidable army in the world, with little chance of success, just for the hope of securing freedom and liberty for their children and future generations. Many, if not most, knew full well that their chances of returning home and peacefully living out the rest of their lives were slim to none, yet they chose to sacrifice themselves for the sake of others… for OUR sakes. To them, it was that important. Americans have engaged in conflicts around the world, spilling blood and treasure, to retain and even spread these freedom and liberties.

How important are those sacrifices to us, now?

As we look forward to the celebration of our American Independence in just a couple of weeks, we should think about those men and women, and the sacrifices that they made. Because they were willing to pledge their lives, fortunes, and sacred honor to preserve our freedoms and liberties, now all we have to do is keep them, and not let just them slip away like some trivial relic that has lost its value. We don’t have to risk our lives, we just have to pay attention. We don’t have to resort to violence, we just have to stand up and speak out. We can’t let liberty become a meaningless cliché which we only pay lip service when talking about American ideals without demeaning the shed blood of those who sacrificed all that they had to ensure that we would remain free to live our lives as we thought best for ourselves and our children.

The loss of our property rights in Cady is not yet a foregone conclusion, but it will be if we don’t do something now. We need to tell our town government that we appreciate what they do to keep our roads clear and functional, ensure that we have access to emergency services, and take as little as necessary from us to provide for the services that we have requested. However, we also need to tell our town government that we will not limit ourselves to two garage sales per year, or ask permission to start a home business, or abstain from setting up a camper for the summer, or cut down a tree, or raise up a shed. We need to tell our town government that we do love Cady just the way that it is; BEAUTIFUL AND FREE; and we will do everything within our power to keep it that way. Please be sure to come to the Cady Public Hearing tomorrow to tell them how you feel. They need to know, and they need to hear it from you

Cady Zoning - Where Are We Now & What Can We Do?

I wanted to send out a message that lets the people of Cady know just where we are in the process regarding Comprehensive Zoning in the Town of Cady.

PRESENT

Currently, Cady is among approximately 245 towns (~19.5%) in Wisconsin that do not have comprehensive zoning. This data is from 2010, but in a call to the Wisconsin DOA, I was told that this is the latest data and these numbers have not changed significantly since then.

The Cady Plan Commission received a new draft Zoning Code and proposed zoning map from the WCWRPC on May 01, 2018. They reviewed it at the May 17, 2018 Plan Commission meeting, and voted to approve it and send it to the Town Board with a recommendation to have a Public Hearing and to have the Town Board adopt it afterwards... immediately afterwards if they wished. A Pubic Hearing was scheduled for June 21, 2018 and notice was published in the Sun-Argus on May 31, 2018.

WHAT'S NEXT?

According to Wisconsin state law, Chapter 60.61(4)(b), the Plan Commission and Town Board should now be allowing ample opportunity for public involvement. The adoption process for zoning is spelled out pretty simply in UW Steven's Point Zoning Ordinances guidance document. See the four (4) steps on page three under the "ADOPTION" section.

1. Plan Commission prepares a draft with assistance of legal counsel and advisory/consulting group.
• NOTE: this was completed 5/1/18
2. A public hearing is scheduled with opportunities for public participation prior to the public hearing recommended to ensure that the ordinance is understood and accepted by the public. 
• NOTE: The public hearing has been scheduled for June 21, 2018, but the only opportunity for public participation that we have been provided is an invitation in the notice of the public hearing: "Written comments on the draft ordinance and zoning map should be sent to the Cady Plan Commission c/o Clerk Shelly Ninneman at 283 CTY RD NN, Wilson, WI 54027. Written comments must be received before June 21, 2018"
• This is unfortunate, because it does not allow for comments to be made publicly, only privately to the Plan Commission through the Town Clerk.
3. In response to public comments, the Plan Commission may modify the draft zoning ordinance, or forward it to the Town Board to adopt. If significant changes are made as a result of public comments or recommendations from the Town Board, another Public Hearing must be held.
• This is why it is so very important that anyone who has an opinion on this proposed zoning code or proposed map, come to the Public Hearing on June 21. This is the primary opportunity that the town government has provided to the people of Cady to have input into the code.
• After this Public Hearing, the Plan Commission has the authority to either make changes or to move on to Item #4 below and submit the code to the Town Board.
4. The Town Board can now adopt the zoning code following another Public Hearing. After which, they will need to send it to the county for final approval.

To summarize, at a minimum, the next steps are:

1. Plan Commission Public Hearing, June 21, 2018
2. Plan Commission to submit final draft to Town Board
3. Town Board Public Hearing TBD following Class 2 Notice
4. Town Board to adopt code and submit to the County
5. St. Croix County to approve

WHAT CAN WE DO?

Right now, the people of Cady need to prepare for the Public Hearing. It is the only opportunity that we have been given to have any public input into this zoning code.

1. Reading the a new draft Zoning Code and proposed zoning map and ensuring that you understand it and what it means for you, your children, and for the Town of Cady.
2. List your questions and concerns and be prepared to bring them up to the Plan Commission. 
3. Tell everyone that you know who has any interest in the Town of Cady to do the same. People who do not voice any opposition or criticism to the Plan Commission or Town Board will be assumed to be in support of this.
4. Make sure that your questions are satisfactorily answered and addressed at the Public Hearing.
5. Make sure that the Plan Commission and Town Board members know exactly how you feel about the zoning code, or they will make assumptions about how you feel. Leave nothing to the imagination.
6. Pray for our town government that they will have the strength and wisdom to do what is right, in the eyes of God and those who have put their trust in them.

I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks, be made for all men; For kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty. (1Timothy 2:1-2)

You can also contact the Town Officials and Plan Commission by going to the Town website, http://townofcady.com/. Their phone numbers are published there. However, for your comments and concerns to be public, you will have to attend the Public Hearing on June 21 and speak out. It's the best hope that we have right now to keep Cady free.

God bless you, and may God bless Cady,

Wisconsin Chapter 60 - Is It the Law or Just a Good Idea?

In last night's town board meeting, I asked the Town Board where they believed that they were in the process of implementing zoning. They, and the Plan Commission clearly indicated that they believe that all that is left is to have a Public Hearing, allowing some input from town people up until that time, and then adopt the ordinance. The Plan Commission chairman, Ken Greiber, while submitting his update to the Town Board, even stated that they recommend that "the Town Board adopt the code following the public hearing, and that they could even schedule a special meeting immediately after the Public Hearing to adopt the ordinance".

When I stated that Wisconsin Chapter 60 requires two public hearings, one of which is to occur prior to the Plan Commission submitting the final draft to the Town Board, no one on the board or the Plan Commission seemed to be aware of that. I recommended that they seek some legal counsel to inform them of the rules.

Per Wisconsin Chapter 60

60.61(4)(b) requires that “the town zoning committee shall develop a preliminary report and hold a public hearing on the report before submitting a final report to the town board. The town zoning committee shall give notice of the public hearing on the preliminary report and of the time and place of the public hearing on the report by a class 2 notice under ch. 985.”

60.61(4)(b) then requires that “If the town zoning committee makes a substantial change in its report following the public hearing, it shall hold another public hearing on the report.”

60.61(4)(b) continued: “After the final report of the town zoning committee is submitted to the town board, the board may adopt an ordinance under sub. (2) following a public hearing held by the board on the proposed ordinance. The town board shall give notice of the public hearing on the proposed ordinance and of the time and place of the public hearing on the ordinance by a class 2 notice under ch. 985.”

60.61(4)(b) continued: “If the proposed ordinance has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the ordinance or a description of the property affected by the ordinance and a statement that a map may be obtained from the town board.”

It is also recommended, in the document provided by Supervisor Mikla, "UWSP Zoning Ordinance Guide", section on ADOPTION, “Opportunities for public participation prior to the public hearing are usually necessary to ensure that the ordinance is understood and accepted by the public.”

Zoning Regulations vs. Property Rights

It is the goal of the Cady Liberty Caucus to preserve our natural rights to Life, Liberty, and Property for all landowners and residents here in Cady, Wisconsin. We do this because if the rights of any one of us are lost, they are lost for all of us.

Today, Cady is one of the several towns in the state of Wisconsin that are still free from zoning regulations. General zoning is optional in Wisconsin and is not required by state law. It never has been.

Right now, the Cady town government is working to implement zoning in Cady this summer. They assume that if you do not protest against it, that you fully approve of it. The zoning code that they are receiving from the Plan Commission will require existing Major Home Businesses in Cady to go through the Conditional Use Permitting process, and be subjected to annual inspections. There will be limitations on "animal units per acre", no more than 2 garage sales per year, and limitations on the number of days that you can have an RV/Camper parked on your property, just to name a few.

I have argued since 2012 that the adoption of a zoning ordinance in the Town of Cady will result a significant loss of property rights, which will be surrendered to the Town Board. The Town Board has adamantly claimed that "no one is taking away your property rights", while they forge ahead in their efforts to implement town zoning. This statement is patently and provably false. Evidently, the Town Board doesn't really understand what "rights" are and how they are violently assailed by governments through zoning regulations. 

In the absence of local zoning regulations, a landowner can generally use their land as they wish on their own property without any serious concern that the activity is either forbidden or requiring the express, written permission of the town government. All uses are considered to be permissible as long as they don't harm the surrounding properties or people nearby. You have a natural, unalienable "right" to use your property as you wish (the pursuit of happiness), without government interference. In fact, government has a duty to secure this right, as clearly stated in our Declaration of Independence.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed... (emphasis mine)

What a general zoning ordinance does is reverse this relationship. It divides the land up into "zones", each of which has a list of "permitted" uses. These limited uses are now deemed a "property right", issued by the governing authorities, and all other uses are subject to review and approval based on certain specific conditions being met by the landowner. These conditional uses are legally no longer considered a "right" of the property owner, but are conditional "privileges" granted (or rescinded) by the governing authorities.

In Rainbow Springs Golf Co., Inc. v. Town of Mukwonago, 2005 WI App 163, 284 Wis. 2d 519, 702 N.W.2d 40, the court decided that a "Conditional Use Permit is NOT" a "property right", but rather a "zoning tool" of the municipality, and, therefore, it may be taken away by without any compensation to the landowner.

These "Conditional Uses" that the municipality is usually willing to allow if all of the necessary conditions are met, are also expressly listed in the zoning code. Any other uses that you can ever imagine that are not specifically listed as either a "permitted" or "conditional" use are considered "forbidden" by the governing authority and cannot legally be engaged in whatsoever without actually going through the process of changing the zoning code to have it added as a permitted or conditional use.

Therefore, under zoning, you no longer have the "right" to decide for yourself how your property should best be used to suit you or even your neighborhood. That right has been "appropriated" by the local governing authorities, with or without your consent. These zoning codes are NOT put to a vote by the people, but to a vote by the Town Board only. These three people will decide whether you retain the natural right to decide how to use your property, or whether they will now take that right for themselves. If that is not "taking away your property rights", I'm hard pressed to imagine what is.

There is a Town Board meeting on Monday, June 4, at 7:30PM where they intend to "discuss and possibly act on the plan commission update", with an opportunity for public comments at the beginning of the meeting. If you cherish your right to use your property to run a business, have garage sales, manage animals, or just to fulfill you dreams, then now would be the time to stand up and say so, or the Town Board will assume that you would rather surrender to them. If only a few of us are willing to stand up for the rights of the whole town, the chances of success are slim. However, if enough of us stand up and let the Town Board know that we will not surrender our rights so easily, perhaps Cady can continue to remain free.