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Dane County Code of Ordinances
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Dane County Code of Ordinances
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10 - 38 <br /> there are certain uses which, because of their which may be a freehold interest, or an exclusive <br /> unique characteristics, cannot be properly possessory interest which is specifically <br /> classified as unrestricted permitted uses in any enforceable in the land for which a conditional use <br /> particular district or districts, without is sought, may file an application to use such land <br /> consideration, in each case, of the impact of for one or more of the conditional uses provided <br /> those uses upon neighboring land or public for in this ordinance provided that the conditional <br /> facilities, and of the public need for the use is one which is permitted by the zoning <br /> particular use at a particular location. Such uses, ordinance in the zoning district where the parcel is <br /> nevertheless, may be necessary or desirable to be located. <br /> allowed in a particular district provided that due (e) Application for Conditional Use. An <br /> consideration is given to location, development, application for a conditional use shall be filed with <br /> and operation of such uses. Such uses are the zoning administrator on a form prescribed by <br /> classified as conditional uses and are uses the zoning administrator. The application shall be <br /> entirely private in character, but of such an accompanied by such plans and other information <br /> unusual nature that their operation may give rise as may be prescribed by the zoning administrator <br /> to unique problems with respect to their impact or the zoning committee, and shall include a <br /> upon neighboring property or public facilities. statement in writing by the applicant and adequate <br /> The following provisions are then established to evidence showing that the proposed conditional <br /> regulate those conditional uses which require use shall conform to the standards set forth in <br /> special consideration. subsection (g) hereinafter. <br /> (b) Authority. The zoning committee, after a (f) Hearing on application. Upon receipt of the <br /> public hearing, shall within a reasonable time, application and statement referred to in subsection <br /> grant or deny any application for conditional (c) above, the zoning committee shall hold a public <br /> use. Prior to granting or denying a conditional hearing on each application for conditional use at <br /> use, the committee shall make findings of fact such time and place as shall be established by such - <br /> based on evidence presented, that the standards committee. The hearing shall be conducted and a <br /> herein prescribed will either be complied with or record of the proceedings shall be preserved in <br /> not complied with. No permit shall be granted such manner and according to such procedures as <br /> when the committee determines that the the zoning committee shall, by rule, prescribe from <br /> standards will not be met, nor shall a permit be time to time. - <br /> denied when the committee determines that the (g) Notice of public hearing shall be given by <br /> standards will be met. publication of a Class 2 notice as provided for in -- <br /> (c) The town board of the town wherein a Section 985 of the Wisconsin Statutes. Notice to <br /> conditional use is proposed to be located shall parties of interest shall be according to policies <br /> be given notice and opportunity to participate in established by the committee. <br /> the conditional use process. The town board (h) Standards. No application for a conditional <br /> may review the conditional use permit use shall be granted by the zoning committee <br /> application and thereafter may make a finding of unless such committee shall find that all of the <br /> consistency or inconsistency with the town land following conditions are present: <br /> use plan, if any, as well as suggested conditions 1. That the establishment, maintenance, or <br /> for any permit which it may recommend operation of the conditional use will not be <br /> .granting. If its members so desire, the town detrimental to or endanger the public health, <br /> board may transmit its findings and safety, comfort, or general welfare. <br /> recommendations to the Committee. Findings 2. That the uses, values and enjoyment of other <br /> and recommendations should be.stated in terms property in the neighborhood for purposes already <br /> • of the standards set forth in s. 10.255(2)(h), as permitted shall be in no foreseeable manner <br /> well as relevant policies contained in the town substantially impaired or diminished by <br /> land use plan. The recommendations and establishment, maintenance or operation of the <br /> findings of the town will be advisory to the conditional use. <br /> Committee. 3. That the establishment of the conditional use <br /> (d) Initiation of Conditional Use. Any person, will not impede the normal and orderly <br /> firm, corporation or organization having a development and improvement of the surrounding <br /> freehold interest, a possessory interest entitled to property for uses permitted in the district. <br /> exclusive possession, a contractual interest <br /> rev. 103194 <br />
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