Dane County Code Of Ordinances - Laserfiche WebLink

Home Browse Search

10.255(2)(a)-(h) (2) Conditional uses. (a) Statement of (d) Initiation of conditional use. Any person, purposes. The development and execution of firm, corporation or organization having a this ordinance is based upon the division of the freehold interest, a possessory interest entitled county into districts, within which districts the use to exclusive possession, a contractual interest of land and buildings, and bulk and location of which may be a freehold interest, or an exclusive buildings and structures in relation to the land possessory interest which is specifically are mutually compatible and substantially enforceable in the land for which a conditional uniform. However, there are certain uses which, use is sought, may file an application to use such because of their unique characteristics, cannot land for one or more of the conditional uses be properly classified as unrestricted permitted provided for in this ordinance provided that the uses in any particular district or districts, without conditional use is one which is permitted by the consideration, in each case, of the impact of zoning ordinance in the zoning district where the those uses upon neighboring land or public parcel is located. facilities, and of the public need for the particular (e) Application for conditional use. An use at a particular location. Such uses, application for a conditional use shall be filed nevertheless, may be necessary or desirable to with the zoning administrator on a form be allowed in a particular district provided that prescribed by the zoning administrator. The due consideration is given to location, application shall be accompanied by such plans development and operation of such uses. Such and other information as may be prescribed by uses are classified as conditional uses and are the zoning administrator or the zoning committee uses entirely private in character, but of such an and shall include a statement in writing by the unusual nature that their operation may give rise applicant and adequate evidence showing that to unique problems with respect to their impact the proposed conditional use shall conform to upon neighboring property or public facilities. the standards set forth in par. (h) hereinafter. The following provisions are then established to (f) Hearing on application. Upon receipt of regulate those conditional uses which require the application and statement referred to in par. special consideration. (e) above, the zoning committee shall hold a (b) Authority. The zoning committee, after a public hearing on each application for conditional public hearing, shall, within a reasonable time, use at such time and place as shall be grant or deny any application for conditional use. established by such committee. The hearing Prior to granting or denying a conditional use, shall be conducted and a record of the the committee shall make findings of fact based proceedings shall be preserved in such manner on evidence presented and issue a and according to such procedures as the zoning determination whether the prescribed standards committee shall, by rule, prescribe from time to are met. No permit shall be granted when the time. committee determines that the standards are not (g) Notice of public hearing shall be given by met, nor shall a permit be denied when the publication of a Class 2 notice as provided for in committee determines that the standards are chapter 985 of the Wisconsin Statutes. Notice to met. parties of interest shall be according to policies (c) The town board of the town wherein a established by the committee. conditional use is proposed to be located shall (h) Standards. No application for a conditional be given notice and opportunity to participate in use shall be granted by the zoning committee the conditional use process. The town board unless such committee shall find that all of the may review the conditional use permit following conditions are present: application and thereafter may make a finding of 1. That the establishment, maintenance, or consistency or inconsistency with the town land operation of the conditional use will not be use plan, if any, as well as suggested conditions detrimental to or endanger the public health, for any permit which it may recommend granting. safety, comfort or general welfare. If its members so desire, the town board may 2. That the uses, values and enjoyment of transmit its findings and recommendations to the other property in the neighborhood for purposes committee. Findings and recommendations already permitted shall be in no foreseeable should be stated in terms of the standards set manner substantially impaired or diminished by forth in s. 10.255(2)(h), as well as relevant establishment, maintenance or operation of the policies contained in the town land use plan. conditional use. The recommendations and findings of the town 3. That the establishment of the conditional will be advisory to the committee. use will not impede the normal and orderly Page 10-47 rev. 103105