Wherever, in the course of administration and enforcement of
this chapter, it is necessary or desirable to make any administrative
decision, then, unless other standards are in this chapter, the decision
shall be made so that the result will not be contrary to the spirit
and purpose of this chapter or injurious to the surrounding neighborhood.
The County Planning and Zoning Administrator is hereby designated
as the administrative and enforcement officer for the provisions of
this chapter. The Planning and Zoning Administrator or his designee
may exercise the following duties and powers:
A.
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications.
B.
Issue permits and inspect properties for compliance with this chapter.
C.
Keep records of all permits issued, inspections made, work approved
and other official actions.
D.
Have access to any structure or premises during reasonable hours
for the purpose of performing his duties.
E.
Issue directives and orders and report violations of this chapter
and other applicable regulations to the Planning and Zoning Committee
and Corporation Counsel.
A.
Compliance. No structure, land, or water shall hereafter be used
and no structure or part thereof shall be constructed, erected, moved,
reconstructed, extended, enlarged, converted, or structurally altered
except as specifically, or by necessary implication, authorized by
this chapter. Conditional uses are allowed only on permit granted
by the Planning and Zoning Committee upon finding that the specified
conditions exist. Where a lot is devoted to a permitted principal
use, customary accessory uses and structures are authorized except
as prohibited specifically or by necessary implication.
B.
Permit required. Any permit issued in conflict with the provisions
of this chapter shall be null and void. All permits shall be granted
or denied in writing by the Planning and Zoning Administrator or his
designee within 30 days of application. All permits shall expire two
years from the date of issuance.
(1)
Zoning permit. No building shall be used, erected, moved, placed, altered, or enlarged, unless exempted by Subsection C of this section, or until after the issuance of a zoning permit. Applications for a zoning permit shall be made to the Planning and Zoning Administrator on forms furnished by the Planning and Zoning Administrator and shall include the following where applicable:
(a)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, and/or contractor.
(b)
Legal description of the subject site, address of the subject
site, type of structure, existing and proposed operation or use of
the structure or site, and the zoning district within which the subject
site lies.
(c)
A location sketch showing the location, boundaries, dimensions,
elevations, uses, and size of the following:
(d)
Additional information as may be required by the County Planning
and Zoning Committee or Planning and Zoning Administrator.
(2)
Other permits. Permits are required and not limited to the following:
placement of structures, including buildings, signs and fences; removal
of structures; relocating structures; sanitary system installation;
conditional uses; special exceptions, including filling and grading;
and special land uses, including pond construction.
C.
Uses not requiring a zoning permit. Any work not requiring a zoning
permit shall comply with the applicable setback, yard, height, and
other requirements of this chapter. A zoning permit shall not be required
in any of the following instances:
The County Planning and Zoning Committee may authorize the Planning and Zoning Administrator to issue a conditional use permit for uses specified in each district in Article V. Such permit shall only be issued after giving public notice thereof, due notice to the parties in interest, review and a public hearing, and a finding that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.
A.
Application. Applications for conditional use permits shall be made
on forms furnished by the Planning and Zoning Administrator and shall
include the following:
B.
Review and approval.
(1)
The County Planning and Zoning Committee shall review the site, existing
and proposed structures, architectural plans, neighboring uses, parking
areas, driveway locations, highway access, traffic generation and
circulation, drainage, sewerage and water systems, and the proposed
operation.
(2)
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operations control, hours of operations,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards, or parking requirements may be required by the County
Planning and Zoning Committee upon its finding that these are necessary
to fulfill the purpose and intent of this chapter.
C.
Denial and reapplication. No application for a conditional use which
has been denied wholly or in part by the County Planning and Zoning
Committee shall be resubmitted for a period of one year from the date
of said denial, except on the grounds that substantial new evidence
or proof of change to comply with the applicable conditions is included
in the resubmitted application.
D.
Revocation.
(1)
A conditional use permit may be revoked if:
(a)
The use does not conform to the conditions of approval within
the time limits established in the permit;
(b)
The use does not continue to conform to the conditions of the
original approval;
(c)
The character of the use itself has changed, causing the use
to be incompatible with the surrounding area; or
(d)
The use no longer conforms to public health, safety, and welfare
needs.
(2)
Action to terminate a conditional use permit may be taken by the
County Planning and Zoning Committee.
(3)
After revocation of the conditional use permit, such use shall be
classified as a nonconforming use.
A.
Authority. Whenever the public necessity, convenience, general welfare
or good zoning practice requires, the County Board may, by ordinance,
change the district boundaries or amend, change, or supplement the
regulations established by this chapter or amendments thereto. Such
change or amendment shall be made in accordance with the procedures
prescribed in § 59.69, Wis. Stats.
B.
Petitions. Petitions for any change to the district boundaries or
amendments to the regulations shall be filed with the County Clerk,
describe the premises to be rezoned or the regulations to be amended,
list the reasons justifying the petition, specify the proposed use,
and have attached the following:
A.
Establishment. There is hereby established a Board of Adjustment
for Adams County for the purpose of hearing appeals and applications
and granting variances and exceptions to the provisions of this chapter
in harmony with the purpose and intent of this chapter.
B.
Membership. The Board of Adjustment shall be appointed in accordance
with § 59.694, Wis. Stats. No member shall be a member of
the Planning and Zoning Committee, a member of the County Board of
Supervisors, or a member of a town board. The members shall serve
with compensation and shall be removable for cause by the County Board
Chairperson upon written charges and after a public hearing.
C.
Procedure.
(1)
The Board of Adjustment shall organize and adopt rules of procedure
for its own government in accordance with the provisions of this chapter
and consistent with the Wisconsin Statutes.
(2)
Meetings shall be held at the call of the Chairperson and shall be
open to the public.
(3)
Minutes of the proceedings and a record of all actions shall be kept
by the Planning and Zoning Administrator showing the vote of each
member upon each question, the reasons for the Board's determination,
and its findings of fact. These records shall be filed in the office
of the Planning and Zoning Administrator and shall be a public record.
(4)
A concurring vote of a majority of the members of the Board shall
be necessary to reverse the order, requirements, decision, or determination
appealed from, to decide in favor of the applicant on any matter on
which it is required to pass, or to effect a variance.
D.
Powers. The Board of Adjustment shall have the following powers:
(1)
Errors. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by the
Planning and Zoning Administrator.
(2)
Variances. To hear and grant appeals for variances as will not be
contrary to the public interest where, owing to the special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship, so that the spirit and purposes of this chapter shall be
observed and the public safety, welfare, and justice secured. Use
variances shall not be granted.
(3)
Permits. This Board may reverse, affirm wholly or partly, and may
modify the requirements appealed from, and may issue or direct the
issuance of a permit.
(4)
Interpretations. To hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts.
(5)
Assistance. This Board may request assistance from other County officers,
departments, commissions, and boards.
(6)
Oaths. The Chairperson or, in his absence, the Acting Chairperson
may administer oaths and compel the attendance of witnesses.
E.
Appeals and applications.
(1)
Appeals from the decision of the Planning and Zoning Administrator
concerning the literal enforcement of this chapter may be made by
any person aggrieved or by any officer, department, board, or bureau
of the County. Appeals shall be filed with the Secretary within 30
days of the date of the written notice of the decision or order of
the Planning and Zoning Administrator. Applications for interpretation,
substitution, or unclassified use may be made by the owner or lessee
of the structure, land, or water to be affected and shall be filed
with the Secretary. Such appeals and applications shall include the
following:
(a)
Name and address of the appellant or applicant.
(c)
Specify the grounds for appeal or application.
(d)
A receipt from the County Planning and Zoning Administrator
indicating that the required fee has been paid.
(e)
Additional information as required by the County Planning and
Zoning Committee, Board of Adjustment, or Planning and Zoning Administrator.
(2)
An appeal stays all legal proceedings in furtherance of the action
except by the certification of the officer or a restraining order
by the Board or the court of record.
F.
Hearings. The Board of Adjustment shall fix a reasonable time and
place for the required public hearing, give public notice thereof
and shall give due notice to the parties in interest, including the
County Corporation Counsel, Planning and Zoning Administrator, and
the County Planning and Zoning Committee. At the hearing the appellant
or applicant may appear in person, by agent, or by attorney.
G.
Findings. No variance to the provisions of this chapter shall be
granted by the Board unless this Board finds, beyond a reasonable
doubt, that all the following facts and conditions exist and so indicates
in the minutes of its proceedings:
(1)
Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to the lot, use, structure,
or intended use that do not apply generally to other properties or
uses in the same district and the granting of the variance would not
be of so general or recurrent a nature as to suggest that this chapter
should be changed.
(2)
Preservation of property rights. The variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other properties in the same zoning district and same vicinity.
(3)
Absence of detriment. The variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose or spirit of this chapter or the public interest.
(4)
Preservation of intent. No variance shall be granted that is inconsistent
with the purpose and intent of the regulations for the district in
which the use is located. No variance shall be granted if issuance
would have an adverse effect on the Farmland Preservation Plan, Adams
County, Wisconsin.[1]
[1]
Editor's Note: The Farmland Preservation Plan adopted by the
County Board of Supervisors in November 1980, as amended, is available
at www.ncwrpc.org/Adams/index.html.
(5)
Economic hardship and self-imposed hardship not grounds for variance.
No variance shall be granted solely on the basis of economic gain
or loss. Self-imposed hardships shall not be considered as grounds
for the granting of a variance.
H.
Decision. The Board of Adjustment shall decide all appeals and applications
within 30 days after the final hearing and shall transmit a signed
copy of the Board's decision to the appellant or applicant, Planning
and Zoning Administrator, County Planning and Zoning Committee, and
Corporation Counsel.
I.
Review by court of record. Any person or persons aggrieved by any
decision of the Board of Adjustment may present to the court of record
a petition duly verified setting forth that such decision is illegal
and specifying the grounds of the illegality. Such petition shall
be presented to the court within 30 days after the filing of the decision
in the office of the Board of Adjustment.
A.
Fees shall be required of all persons, firms, or corporations requesting
an ordinance amendment, interpretation, variance, or appeal. Fees
shall also be required of all persons, firms, or corporations performing
work for which this chapter requires a permit. Such fees defray the
County's cost of administration, investigation, legal advertisement,
and processing. The fees shall be as set from time to time by the
Adams County Board of Supervisors.
B.
A double fee or $200, whichever is greater, shall be charged by the
Planning and Zoning Administrator if work is started before a permit
is applied for and issued. Such double fee shall not release the applicant
from full compliance with this chapter nor from prosecution for violation
of this chapter.
It shall be unlawful to construct or use any structure, land,
or water in violation of any of the provisions of this chapter. In
case of any violation, the County Board, the Planning and Zoning Administrator,
the County Planning and Zoning Committee, or any property owner who
would be specifically damaged by such violation may institute appropriate
action or proceeding to enjoin the violation of this chapter.
Any person, firm, or corporation who or which fails to comply
with the provisions of this chapter shall, upon conviction thereof,
forfeit not less than $50 nor more than $500 and costs of prosecution
for each violation and, in default of payment of such forfeiture and
costs, shall be imprisoned in the County jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense.
Notice of any public hearing which the County Board, County
Planning and Zoning Committee, or Board of Adjustment is required
to hold under the terms of this chapter shall specify the date, time,
and place of the hearing and shall state the matter to be considered.
The notice shall be published in accordance with the Wisconsin Statutes.
