A motion was made by POSTLER, seconded by BOLLIG, to approve the CUP
based on the findings of fact as noted in the staff report and it has been
determined that the proposal meets the standards for obtaining a CUP, with the
conditions as noted in the staff report. The motion carried by the following vote:
5-0.
CUP Conditions:
Standard Conditions for all Conditional Use Permits from 10.101(7):
1. Any conditions required for specific uses listed under s. 10.103 (none).
2. The physical development and operation of the conditional use must conform,
in all respects, to the approved site plan, operational plan and phasing plan.
3. New and existing buildings proposed to house a conditional use must be
constructed and maintained to meet the current requirements of the applicable
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.
4. The applicant shall apply for, receive and maintain all other legally required
and applicable local, county, state and federal permits. Copies of approved
permits or other evidence of compliance will be provided to the zoning
administrator upon request.
5. Any ongoing business operation must obtain and continue to meet all legally
required and applicable local, county, state and federal licensing requirements.
Copies of approved licenses or other evidence of compliance will be provided to
the zoning administrator upon request.
6. Existing onsite wastewater sewage disposal systems, if any, serving the
conditional use must be inspected by a licensed plumber to determine its
suitability for the proposed or expanded use. Deficient systems must be brought,
at the owner’s expense, into full compliance with the current requirements for
new development of the state plumbing code and Chapter 46, Dane County
Code.
7. All vehicles and equipment must access the site only at approved locations
identified in the site plan and operations plan.
8. Off-street parking must be provided, consistent with s. 10.102(8).
9. If the Dane County Highway, Transportation and Public Works Department or
the town engineer determine that road intersection improvements are necessary
to safely accommodate the conditional use, the cost of such improvements shall
be borne by the landowner. Costs borne by the landowner shall be proportional
to the incremental increase in traffic associated with the proposed conditional
use.
10. The Zoning Administrator or designee may enter the premises of the
operation in order to inspect those premises and to ascertain compliance with
these conditions or to investigate an alleged violation. Zoning staff conducting
inspections or investigations will comply with any applicable workplace safety
rules or standards for the site.
11. The owner or operator must keep a copy of the conditional use permit,
including the list of all conditions, on the site, available for inspection to the
public during business hours.
12. Failure to comply with any imposed conditions, or to pay reasonable county
costs of investigation or enforcement of sustained violations, may be grounds for
revocation of the conditional use permit. The holder of a conditional use permit
shall be given reasonable opportunity to correct any violations prior to the
revocation.
Conditions specific to CUP # 2653:
13. Review and recommendation from the Town of Middleton Plan Commission
shall not be required for renewal of this conditional use permit.
14. This conditional use permit shall expire in the event the property is sold or
transferred to another owner. Continuation or extension of an expired
conditional use requires re-application and approval by the Town Board and
Dane County.