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10.255(2)(h)-(3)(a) development and improvement of the The county board shall fix a reasonable time for surrounding property for uses permitted in the the hearing of the appeal and give public notice district. thereof as well as due notice to the applicant and 4. That adequate utilities, access roads, the appellant(s) and decide the same within a drainage and other necessary site improvements reasonable time. The action of the zoning have been or are being made. committee shall be deemed just and equitable 5. That adequate measures have been or will unless the county board by a three-fourths vote be taken to provide ingress and egress so of supervisors present and voting reverses or designed as to minimize traffic congestion in the modifies the action of the zoning committee. An public streets; and appeal from a decision of the committee shall be 6. That the conditional use shall conform to taken to the county board. No other entity of all applicable regulations of the district in which it county government has jurisdiction to hear any is located. such appeal and the avenue of appeal provided (i) Conditions and guarantees. Prior to the for herein is intended to be the sole avenue of granting of any conditional use, the zoning appeal from a decision of the committee. committee may stipulate such conditions and (k) Effect of denial of application. No restrictions upon the establishment, location, application for a conditional use which has been construction, maintenance and operation of the denied wholly or in part by the zoning committee conditional use as deemed necessary to shall be resubmitted for a period of one year promote the public health, safety and general from the date of said denial, except on the welfare of the community and to secure grounds of new evidence or proof of change of compliance with the standards and requirements conditions found to be valid by the zoning specified in subsection (h) above. In all cases in committee. which conditional uses are granted, the (L) In any case where the holder of a committee shall require such evidence and conditional use permit issued under this guarantees as it may deem necessary as proof ordinance has not instituted the use or begun that the conditions stipulated in connection construction within one year of the date of therewith are being and will be complied with. approval, the permit, without further action by the 1. In addition to such other conditions as the committee, shall be null and void. committee may impose upon any conditional (m) Revocation of a conditional use permit. If use, in the case of dependency living the zoning committee then finds that the arrangements, the committee shall require as a standards in subsection 10.255(2)(h) and the condition of approval that the use shall be conditions stipulated therein are not being discontinued at the time that a dependent person complied with, the committee after a public ceases to reside in the secondary living area. In hearing as provided in 10.255(2)(f) and (g), may no event shall the space so created be used for revoke the conditional use permit. Appeals from general rental purposes. The committee may, if the action of the zoning committee may be as it so desires, require the owner to record deed provided in 10.255(2)(j). restrictions implementing these additional (n) Abandoned conditional uses. Any use, for restrictions and such deed restrictions may be which a conditional use permit has been issued, required to run in favor of the county, the town upon its cessation or abandonment for a period and adjacent landowners. of one year, will be deemed to have been (j) Appeal from action by zoning committee. terminated and any future use shall be in Any person aggrieved by the grant or denial of a conformity with these ordinances. conditional use permit, or the county board (3) Statement of purposes. Conditional supervisor of the district in which the affected rezonings are authorized as provided herein to 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 neighborhoods when the county has not had respect to the finding of the zoning committee, sufficient experience with the type of use in the reason why the appellant is aggrieved and question to lead to treatment of the use as a must be filed with the office of the zoning conditional use. administrator within 20 days of the final action of (a) Conditions on rezonings. the zoning committee. The zoning administrator 1. The zoning committee may recommend shall transmit such appeal to the county clerk and the county board may adopt an ordinance who shall file such appeal with the county board. effecting an amendment of the zoning district Page 10-48 rev. 103105