April Dane County Code of Ordinances

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Chapter 10 (c) Effect of denial of a petition to change the granting or denying a conditional use, the committee zoning district boundaries. No petition for a change shall make findings of fact based on evidence in the zoning district boundaries which has been presented, and issue a determination whether the denied by the Dane County Board of Supervisors prescribed standards are met. No permit shall be shall be resubmitted for a period of one year from the granted when the committee determines that the date of said denial, except on the grounds of new standards are not met, nor shall a permit be denied evidence or proof of change of conditions found to be when the committee determines that the standards are valid by the zoning committee. met. (d) The zoning committee shall use plans and (c) The town board of the town wherein a maps developed by individual towns and approved by conditional use is proposed to be located shall be the county board as criteria for zoning given notice and opportunity to participate in the recommendations to the county board. conditional use process. The town board may review (e) In considering land use issues for areas the conditional use permit application and thereafter adjacent to local municipalities, notice shall be sent may make a finding of consistency or inconsistency by certified mail to the affected municipality or with the town land use plan, if any, as well as municipalities. The notice shall include the location, suggested conditions for any permit which it may description of use,requested zoning or permit and the recommend granting. If its members so desire, the date, time and place of the county public hearing. town board may transmit its findings and The notice shall state that it shall be incumbent upon recommendations to the committee. Findings and the affected municipality to inform the county zoning recommendations should be stated in terms of the agency of any concerns, potential problems or standards set forth in s. 10.255(2)(h), as well as questions relative to the impact of the proposed use relevant policies contained in the town land use plan. on a wellhead protection area. The recommendations and findings of the town will (2) Conditional uses. be advisory to the committee. (a) Statement of purposes. The development (d) Initiation of conditional use. Any person, and execution of this ordinance is based upon the firm, corporation or organization having a freehold division of the county into districts, within which interest, a possessory interest entitled to exclusive districts the use of land and buildings, and bulk and possession, a contractual interest which may be a location of buildings and structures in relation to the freehold interest, or an exclusive possessory interest land are mutually compatible and substantially which is specifically enforceable in the land for uniform. However, there are certain uses which, which a conditional use is sought, may file an because of their unique characteristics, cannot be application to use such land for one or more of the properly classified as unrestricted permitted uses in conditional uses provided for in this ordinance any particular district or districts, without provided that the conditional use is one which is consideration, in each case, of the impact of those permitted by the zoning ordinance in the zoning uses upon neighboring land or public facilities,and of district where the parcel is located. the public need for the particular use at a particular (e) Application for conditional use. An location. Such uses, nevertheless, may be necessary application for a conditional use shall be filed with or desirable to be allowed in a particular district the zoning administrator on a form prescribed by the provided that due consideration is given to location, zoning administrator. The application shall be development and operation of such uses. Such uses accompanied by such plans and other information as are classified as conditional uses and are uses entirely may be prescribed by the zoning administrator or the private in character, but of such an unusual nature zoning committee, and shall include a statement in that their operation may give rise to unique problems writing by the applicant and adequate evidence with respect to their impact upon neighboring showing that the proposed conditional use shall property or public facilities. The following conform to the standards set forth in par. (h) provisions are then established to regulate those hereinafter. conditional uses which require special consideration. (f) Hearing on application. Upon receipt of (b) Authority. The zoning committee, after a the application and statement referred to in par. (e) public hearing, shall, within a reasonable time, grant above, the zoning committee shall hold a public or deny any application for conditional use. Prior to hearing on each application for conditional use at Page 41 Revised 4-30-97