April Dane County Code of Ordinances

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r-- 10 - 39 parcel is located, may appeal the decision of the enable adaptation of zoning to unique Zoning Committee to the County Board. Such circumstances regarding particular sites, uses or • appeal must specify the grounds thereof in respect neighborhoods when the county has not had to the finding of the Zoning Committee, the sufficient experience with the type of use in reason why the appellant is aggrieved, and must question to lead to treatment of the use as be filed with the office of the Zoning Supervisor conditional use. within 20 days of the final action of the Zoning (a) Conditions on rezonings. Committee. _ The Zoning Administrator shall 1. The zoning committee may recommend transmit such appeal to the County Clerk who and the county board may adopt an ordinance shall file such appeal with the County Board. The effecting an amendment of the zoning district map County Board shall fix a reasonable time for the containing the condition that the change in the hearing of the appeal, and give public notice map will take effect on such date occurring with thereof as well as due notice to the applicant and ) months of the date of county board approval of the appellant(s), and decide the same within a. the amendment with the first on-site inspection for reasonable time. The action of the Zoning building location is made and approved for the Committee shall be deemed just and equitable ,project sought to be established, and in the event unless the County Board by a three-fourths vote of such approved inspection has not occurred by the • supervisors present and voting reverses or ( ) month time period, the possibility of making modifies the action of the Zoning Committee. An effective the rezoning will then be terminated. appeal from a decision of the Committee shall be 2. The zoning committee may recommend taken to the County Board. No other entity of and the county board may adopt an ordinance county government has jurisdiction to hear any effecting an amendment of the zoning district map such appeal and the avenue of appeal provided containing the condition that the change in map for herein is intended to be the sole avenue of will take effect on such date occurring with ( ) appeal from a decision of the Committee. months of the date of county board approval of (k) Effect of Denial of Application. No the amendment when a restrictive covenant has application for a conditional use which has been been recorded binding the property to conditions denied wholly or in part by the zoning committee specified in the amending ordinance, and in the shall be resubmitted for a period of one year from event such covenant is not recorded by the end of the date of said denial, except on the grounds of the ( ) month time period, the possibility of new evidence or proof of change of conditions making effective the rezoning will then be found to be valid by the zoning committee. terminated. (L) In any case where a conditional use permit, (a) . Conditions specified to be in such required issued under this ordinance, has not been covenants shall be related to the purposes of the instituted or construction begun within one year ordinance. They may include, as specific cases of the date of approval, without further action by , warrant, limits of permissible uses to less than the the committee shall be null and void. full range of uses otherwise allowable in the (m) Revocation of a Conditional Use Permit. If district into which the land is being placed. the zoning committee then finds that the Enforcement rights over such covenant controls standards in Subsection 10.255(2)(h) and the shall be afforded to the county, the town and conditions stipulated therein are not being owners of property within 300 feet of the site. complied with, the committee after a public The covenant controls shall be amendable or hearing as provided in 10.255(2)(f) and (g), may repealable upon petition of the owner of the lands revoke the conditional use permit. Appeals from subject to the controls, and approval by the the action of the Zoning Committee may be as county board after a hearing similar to a rezoning provided in 10.255(2)(j). hearing. A rezoning of the lands to a different (n) Abandoned Conditional Uses. Any use, for zoning district shall also act to repeal the which a conditional use permit has been issued, covenant controls. Except as provided above, the upon its cessation or abandonment for a period of covenants shall run with the land. - one year, will be deemed to have been terminated (b) Other similar controls appropriate to and any future use shall be in conformity with handling by covenant provisions may also be these ordinances. imposed. (3) Statement of Purposes. Conditional [ History: (1)(e) cr., Sub. 1 to O.A. 32, 1992-93, rezonings are authorized as provided herein to pub. 04/14/93.; (2)(c) cr., Sub 3 to O.A. 36, rev. 043094