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Dane County Code of Ordinances
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10.255(2)(g)—(2)(k) <br /> proceedings shall be preserved in such manner and guarantees as it may deem necessary as <br /> ( and according to such procedures as the zoning proof that the conditions stipulated in connection <br /> committee shall, by rule, prescribe from time to therewith are being and will be complied with. <br /> time. 1. In addition to such other conditions as the <br /> (g) Notice of public hearing shall be given by town board and zoning committee may impose <br /> publication of a Class 2 notice as provided for in upon any conditional use, in the case of <br /> chapter 985 of the Wisconsin Statutes. Notice to dependency living arrangements, each body <br /> parties of interest shall be according to policies shall require as a condition of approval that the <br /> established by the zoning committee. use shall be discontinued at the time that a <br /> (h) Standards. No application for a dependent person ceases to reside in the <br /> conditional use shall be granted by the town secondary living area. In no event shall the <br /> board or zoning committee unless such body space so created be used for general rental <br /> shall find that all of the following conditions are purposes. The town board and zoning <br /> present: committee may, if they so desire, require the <br /> 1. That the establishment, maintenance or owner to record deed restrictions implementing <br /> operation of the conditional use will not be these additional restrictions and such deed <br /> detrimental to or endanger the public health, restrictions may be required to run in favor of the <br /> safety, comfort or general welfare; county, the town and adjacent landowners. <br /> 2. That the uses, values and enjoyment of (j) Appeal. Any person aggrieved by the <br /> other property in the neighborhood for purposes grant or denial of a conditional use permit, or the <br /> already permitted shall be in no foreseeable county board supervisor of the district in which <br /> manner substantially impaired or diminished by the affected parcel is located, may appeal the <br /> establishment, maintenance or operation of the decision of the town board or zoning committee <br /> conditional use; to the county board. Such appeal must specify <br /> 3. That the establishment of the conditional the grounds thereof in respect to the findings of <br /> use will not impede the normal and orderly the zoning committee, town board or both, the <br /> development and improvement of the reason why the appellant is aggrieved and must <br /> surrounding property for uses permitted in the be filed with the office of the zoning administrator <br /> district; within 20 days of the final action. The zoning <br /> 4. That adequate utilities, access roads, administrator shall transmit such appeal to the <br /> drainage and other necessary site improvements county clerk who shall file such appeal with the <br /> have been or are being made; county board. The county board shall fix a <br /> 5. That adequate measures have been or will reasonable time for the hearing of the appeal <br /> be taken to provide ingress and egress so and give public notice thereof as well as due <br /> designed as to minimize traffic congestion in the notice to the applicant and the appellant(s) and <br /> public streets; and decide the same within a reasonable time. The <br /> 6. That the conditional use shall conform to action of the zoning committee, town board or <br /> all applicable regulations of the district in which it both, shall be deemed just and equitable unless <br /> is located. the county board by a three-fourths vote of <br /> (i) Conditions and guarantees. Prior to the supervisors present and voting reverses or <br /> granting of any conditional use, the town board modifies the action appealed from. An appeal <br /> and zoning committee may stipulate such from a decision of the zoning committee, town <br /> conditions and restrictions upon the board or both, shall be taken to the county <br /> establishment, location, construction, main- board. No other entity of county government has <br /> tenance and operation of the conditional use as jurisdiction to hear any such appeal and the <br /> deemed necessary to promote the public health, avenue of appeal provided for herein is <br /> safety and general welfare of the community and exclusive, notwithstanding any appeal procedure <br /> to secure compliance with the standards and as may be authorized by state law for specific <br /> requirements specified in subsection (h) above, conditional uses. <br /> or subsection (o) in the case of small scale (k) Effect of denial of application. No <br /> electric generating stations under 10.123(3)(n), application for a conditional use which has been <br /> using wind or solar energy. In all cases in which denied wholly or in part shall be resubmitted for <br /> conditional uses are granted,the town board and a period of one year from the date of said denial, <br /> zoning committee shall require such evidence except on the grounds of new evidence or proof <br /> Page 10-67 <br /> rev. 013116 <br />
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