Dane County Code of Ordinances (2)

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10 - 38 (c) The town board of the town wherein a (g) Notice of public hearing shall be given by conditional use is proposed to be located shall publication of a Class 2 notice as provided for in be given notice and opportunity to participate in Section 985 of the Wisconsin Statutes. Notice to the conditional use process. The town board parties of interest shall be according to policies may review the conditional use permit established by the committee. application and thereafter may make a finding of (h) Standards. No application for a conditional consistency or inconsistency with the town land use shall be granted by the zoning committee use plan, if any, as well as suggested conditions unless such committee shall find that all of the for any permit which it may recommend following conditions are present: granting. If its members so desire, the town 1. That the establishment, maintenance, or board may transmit its findings and operation of the conditional use will not be recommendations to the Committee. Findings detrimental to or endanger the public health, and recommendations should be stated in terms safety, comfort, or general welfare. of the standards set forth in s. 10.255(2)(h), as 2. That the uses, values and enjoyment of other well as relevant policies contained in the town property in the neighborhood for purposes already land use plan. The recommendations and permitted shall be in no foreseeable manner findings of the town will be advisory to the substantially impaired or diminished by Committee. establishment, maintenance or operation of the (d) Initiation of Conditional Use. Any person, conditional use. firm, corporation or organization having a 3. That the establishment of the conditional use freehold interest, a possessory interest entitled to will not impede the normal and orderly exclusive possession, a contractual interest development and improvement of the surrounding which may be a freehold interest, or an exclusive property for uses permitted in the district. possessory interest which is specifically 4. That adequate utilities, access roads, enforceable in the land for which a conditional drainage and other necessary site improvements use is sought, may file an application to use such have been or are being made. land for one or more of the conditional uses 5. That adequate measures have been or will provided for in this ordinance provided that the be taken to provide ingress and egress so designed conditional use is one which is permitted by the as to minimize traffic congestion in the public zoning ordinance in the zoning district where streets, and the parcel is located. 6. That the conditional use shall conform to all (e) Application for Conditional Use. An applicable regulations of the district in which it is application for a conditional use shall be filed located. with the zoning administrator on a form (i) Conditions and Guarantees. Prior to the prescribed by the zoning administrator. The granting of any conditional use, the zoning application shall be accompanied by such plans committee may stipulate such conditions and and other information as may be prescribed by restrictions upon the establishment, location, the zoning administrator or the zoning construction, maintenance, and operation of the committee, and shall include a statement in conditional use as deemed necessary to promote writing by the applicant and adequate evidence the public health, safety, and general welfare of the showing that the proposed conditional use shall community, and to secure compliance with the conform to the standards set forth in subsection standards and requirements specified in subsection (g) hereinafter. (h) above. In all cases in which conditional uses (f) Hearing on application. Upon receipt of are granted, the committee shall require such the application and statement referred to in evidence and guarantees as it may deem necessary subsection (c) above, the zoning committee shall as proof that the conditions stipulated in hold a public hearing on each application for connection therewith are being and will be conditional use at such time and place as shall complied with. be established by such committee. The hearing 1. In addition to such other conditions as the shall be conducted and a record of the Committee may impose upon any conditional use, proceedings shall be preserved in such manner in the case of dependency living arrangements, the and according to such procedures as the zoning committee shall require as a condition of approval committee shall, by rule, prescribe from time to that the use shall be discontinued at the time that a time. dependent person ceases to reside in the secondary rev. 043094