Dane County Code of Ordinances (2)

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10 - 39 living area. In no event shall the space so created complied with, the committee after a public be used for general rental purposes. The hearing as provided in 10.255(2)(f) and (g), may committee may, if it so desires, require the revoke the conditional use permit. Appeals`from owner to record deed restrictions implementing the action of the Zoning Committee may be as these additional restrictions and such deed provided in 10.255(2)(j). restrictions may be required to run in favor of the (n) Abandoned Conditional Uses. Any use, for County, the town and adjacent landowners., which a conditional use permit has been issued, (j) Appeal From action by zoning committee. upon its cessation or abandonment for a period of Any person aggrieved by the grant or denial of a one year, will be deemed to have been terminated conditional use permit, or the County Board and any future use shall be in conformity with supervisor of the district in which the affected these ordinances. parcel is located, may appeal the decision of the (3) Statement of Purposes. Conditional Zoning Committee to the County Board. Such rezonings are authorized as provided herein to appeal must specify the grounds thereof in enable adaptation of zoning to unique respect to the finding of the Zoning Committee, . circumstances regarding particular sites, uses or the reason why the appellant is aggrieved, and neighborhoods when the county has not had must be filed with the office of the Zoning sufficient experience with the type of use in i y Supervisor within 20 days of the final action of question to lead to treatment of the use as the Zoning Committee. The Zoning conditional use. Administrator shall transmit such appeal to the (a) Conditions on rezonings. County Clerk who shall file such appeal with the 1. The zoning committee may recommend and County Board. The County Board shall fix a the county board may adopt an ordinance effecting reasonable time for the hearing of the appeal, an amendment of the zoning district map , and give public notice thereof as well as due containing the condition that the change in the notice to the applicant and the appellant(s),;and map will take effect on such date occurring with () decide the same within a reasonable time. The months of the date of county board approval of the action of the Zoning Committee shall be deemed amendment with the first on-site inspection for just and equitable unless the County Board by a building location is made and approved for the three-fourths vote of supervisors present and project sought to be established, and in the event voting reverses or modifies the action of, the such approved inspection has not occurred by the Zoning Committee. An appeal from a decision ) month time period, the possibility of making of the Committee shall be taken to the County effective the rezoning will then be terminated. Board. No other entity of county government 2. The zoning committee may recommend and has jurisdiction to hear any such appeal and the the county board may adopt an ordinance effecting avenue of appeal provided for herein is intended an amendment of the zoning district map to be the sole avenue of appeal from a decision containing the condition that the change in map of the Committee. will take effect on such date occurring with ( ) (k) Effect of Denial of Application. No months of the date of county board approval of the application for a conditional use which has been amendment when a restrictive covenant has been denied wholly or in part by the zoning recorded binding the property to conditions committee shall be resubmitted for a period of specified in the amending ordinance, and in the one year from the date of said denial, except on event such covenant is not recorded by the end of the grounds of new evidence or proof of change the () month time period, the possibility of making of conditions found to be valid by the zoning effective the rezoning will then be terminated. committee. (a) . Conditions specified to be in such required (L) In any case where a conditional use covenants shall be related to the purposes of the permit, issued under this ordinance, has not ordinance. They may include, as specific cases been instituted or construction begun within one warrant, limits of permissible uses to less than the year of the date of approval, without further full range of uses otherwise allowable in the district action by the committee shall be null and void. into which the land is being placed. Enforcement • (m) Revocation of a Conditional Use Permit. rights over such covenant controls shall be afforded If the zoning committee then finds that the to the county, the town and owners of property standards in Subsection 10.255(2)(h) and the within 300 feet of the site. The covenant controls -t conditions stipulated therein are not being shall be amendable or repealable upon petition of rev. 043094