[1]
Editor's Note: See § NR 115.05(4), Wis. Adm.
Code.
The shoreland ordinance adopted by each county shall require
all of the following:
A.
The appointment of an administrator and such additional staff as
the workload may require.
B.
The creation of a zoning agency as authorized by § 59.69,
Wis. Stats., a Board of Adjustment as authorized by § 59.694,
Wis. Stats., and a County planning agency as defined in § 236.02(1),
Wis. Stats., and required by § 59.692(3), Wis. Stats.
C.
A system of permits for all new construction, development, reconstruction,
structural alteration or moving of buildings and structures. A copy
of applications shall be required to be filed in the office of the
County Zoning Administrator, unless prohibited by § 59.692(1k),
Wis. Stats.
D.
Regular inspection of permitted work in progress to insure conformity
of the finished structures with the terms of the ordinance.
E.
A variance procedure which authorizes the Board of Adjustment to
grant such variance from the terms of the ordinance as will not be
contrary to the public interest where, owing to special conditions
and the adoption of the shoreland zoning ordinance, a literal enforcement
of the provisions of the ordinance will result in unnecessary hardship
as long as the granting of a variance does not have the effect of
granting or increasing any use of property which is prohibited in
that zoning district by the shoreland zoning ordinance.
F.
A special exception (conditional use) procedure for uses presenting
special problems.
G.
The County shall keep a complete record of all proceedings before
the Board of Adjustment, zoning agency and planning agency.
H.
Written notice to the appropriate office of the Department at least 10 days prior to any hearing on a proposed variance, special exception or conditional use permit, appeal for a map or text interpretation, map or text amendment, and copies of all proposed land divisions submitted to the County for review under Article IV.
I.
Submission to the appropriate office of the Department, within 10
days after grant or denial, copies of any decision on a variance,
special exception or conditional use permit, or appeal for a map or
text interpretation, and any decision to amend a map or text of an
ordinance.
J.
Mapped zoning districts and the recording, on an official copy of
such map, of all district boundary amendments.
K.
The establishment of appropriate penalties for violations of various
provisions of the ordinance, including forfeitures. Compliance with
the ordinance shall be enforceable by the use of injunctions to prevent
or abate a violation, as provided in § 59.69(11), Wis. Stats.
L.
The prosecution of violations of the shoreland ordinance.
M.
Shoreland-wetland map amendments (§ NR 115.04). Every petition
for a shoreland-wetland map amendment filed with the County clerk
shall be referred to the County zoning agency. A copy of each petition
shall be provided to the appropriate office of the Department within
five days of the filling of the petition with the County Clerk. Written
notice of the public hearing to be held on a proposed amendment shall
be provided to the appropriate office of the Department at least 10
days prior to the hearing. A copy of the County Board's decision
on each proposed amendment shall be forwarded to the appropriate office
of the Department within 10 days after the decision is issued.
The Land Conservation and Zoning Administrator shall have the
following duties and powers. The Land Conservation and Zoning Administrator
shall:
A.
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms.
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.
Provide copies of variances, conditional uses and decisions on appeals
for map or text interpretations and map or text amendments within
10 days after they are granted or denied to the appropriate local
office of the Department.
E.
Investigate and report violations of this chapter to the County Land
Use and UW-Extension Committee and the District Attorney or Corporation
Counsel.
A.
When required. Except where another section of this chapter specifically
exempts certain types of development from this requirement, a land
use permit shall be obtained from the Land Conservation and Zoning
Administrator before any new development or any change in the use
of an existing building or structure is initiated.
B.
Application. An application for a land use permit shall be made to
the Land Conservation and Zoning Administrator upon forms furnished
by the County and shall include for the purpose of proper enforcement
of these regulations the following data:
(1)
Name and address of applicant and property owner.
(2)
Legal description of the property and type of proposed use.
(3)
A sketch of the dimensions of the lot and location of buildings relative
to the lot lines, center line of abutting highways and the ordinary
high-water mark of any abutting watercourses and water level on a
date specified.
(4)
Location and description of any existing private water supply or
sewage system or notification of plans for any such installation.
(5)
Location of planned area of excavation, clearing, grading or spoil
deposition, in order to assure that proper methods of erosion control
will be addressed.
C.
Expiration of permit. Land use permits shall expire 24 months from
the date issued if no substantial work has commenced.
A.
Application for a conditional use permit. Any use listed as a conditional
use in a zoning district underlying shoreland areas shall be permitted
only after application has been submitted to the Land Conservation
and Zoning Administrator and a conditional use permit has been granted
by the Land Use and UW-Extension Committee or the County Board.
B.
Standards applicable to all conditional uses. In passing upon a conditional
use permit, the Land Use and UW-Extension Committee shall evaluate
the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Compliance with local floodplain zoning ordinances and opportunity
for damage to adjacent properties due to altered surface water drainage.
(4)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(5)
The location of the site with respect to existing or future access
roads.
(6)
The need of the proposed use for a shoreland location.
(7)
Its compatibility with uses on adjacent land.
(8)
The amount of liquid and solid wastes to be generated and the adequacy
of the proposed disposal system.
(9)
Location factors under which:
(a)
Domestic uses shall be generally preferred.
(b)
Uses not inherently a source of pollution within an area shall
be preferred over uses that are or may be a pollution source.
(c)
Use locations within an area tending to minimize the possibility
of pollution shall be preferred over use locations tending to increase
that possibility.
C.
Conditions attached to conditional uses. Upon consideration of the
factors listed above, the Land Use and UW-Extension Committee shall
attach such conditions, in addition to those required elsewhere in
this chapter, as are necessary to further the purposes of this chapter.
Violations of any of these conditions shall be deemed a violation
of this chapter. Such conditions may include specifications for, without
limitation because of specific enumeration, type of shore cover; specific
sewage disposal and water supply facilities; landscaping and planting
screens; period of operation; operational control; sureties; deed
restrictions; location of piers, docks, parking and signs; and type
of construction. To secure information upon which to base its determination,
the Land Use and UW-Extension Committee may require the applicant
to furnish, in addition to the information required for a land use
permit, the following information:
(1)
A plan of the area showing surface contours, soil types, ordinary
high-water marks, groundwater conditions, subsurface geology and vegetative
cover.
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, piers, open space and landscaping.
(3)
Plan of buildings, sewage disposal facilities, water supply systems
and arrangement of operations.
(4)
Applications for area of proposed filling, grading, lagooning or
dredging.
(5)
Other pertinent information necessary to determining if the propose
use meets the requirements of this chapter.
D.
Notice, public hearing and decision. Before passing upon an application
for a conditional use permit, the Land Use and UW-Extension Committee
shall hold a public hearing. Notice of such public hearing, specifying
the time, place and matters to come before the Committee, shall be
given as a Class 2 notice under Ch. 985, Wis. Stats. Such notice shall
be provided to the appropriate office of the Department at least 10
days prior to the hearing. The Committee shall state in writing the
grounds for granting or refusing a conditional use permit.
E.
Recording. When a conditional use permit is approved, an appropriate
record shall be made of the land use and structures permitted, and
such permit shall be applicable solely to the structures, use and
property so described. A copy of any decision on a conditional use
permit shall be provided to the appropriate office of the Department
within 10 days after it is granted or denied.
F.
Revocation. Where the conditions of a conditional use permit are
violated, the conditional use permit shall be revoked by the Land
Use and UW-Extension Committee.
A.
The Board of Adjustment may grant upon appeal a variance from the
dimensional standards of this chapter where an applicant convincingly
demonstrates that:
(1)
Literal enforcement of the provisions of this chapter will result
in unnecessary hardship on the applicant.
(2)
The hardship is due to special conditions unique to the property.
(3)
Such variance is not contrary to the public interest.
(4)
Such variance does not exceed the minimum relaxation of a standard
which provides reasonable use of the property.
B.
No use variance. A variance shall not grant or increase any use of
property which is prohibited in the zoning district.
C.
Notice, hearing and decision. Before passing on an application for
a variance, the Board of Adjustment shall hold a public hearing. Notice
of such hearing specifying the time, place and matters of concern
shall be given as a Class 2 notice under Ch. 985, Wis. Stats. Such
notice shall be provided to the appropriate office of the Department
at least 10 days prior to the hearing. The Board shall state in writing
the reasons for granting or refusing a variance and shall provide
a copy of such decision to the appropriate Department office within
10 days of the decision.
The Chairperson of the County Board shall appoint a Board of
Adjustment consisting of five members under § 59.694, Wis.
Stats. The County Board shall adopt such rules for the conduct of
the business of the Board of Adjustment as required by § 59.694,
Wis. Stats.
A.
Powers and duties.
(1)
The Board of Adjustment shall adopt such additional rules as it deems
necessary and may exercise all of the powers conferred on such boards
by § 59.694, Wis. Stats.
(2)
It shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
B.
Appeals to the Board. Appeals to the Board of Adjustment may be made
by any person aggrieved or by an officer, department, board or bureau
of the County affected by any decision of the Land Conservation and
Zoning Administrator or other administrative officer. Such appeal
shall be made within 30 days, as provided by the rules of the Board,
by filing with the officer whose decision is in question, and with
the Board of Adjustment, a notice of appeal specifying the reasons
for the appeal. The Land Conservation and Zoning Administrator or
other officer whose decision is in question shall promptly transmit
to the Board all the papers constituting the record concerning the
matter appealed.
C.
Hearing appeals and applications for variances.
(1)
The Board of Adjustment shall fix a reasonable time for a hearing
on the appeal or application. The Board shall give public notice thereof
by publishing a Class 2 notice under Ch. 985, Wis. Stats., specifying
the date, time, and place of the hearing and the matters to come before
the Board. Notice shall be mailed to the parties in interest. Written
notice shall be given to the appropriate office of the Department
at least 10 days prior to hearings on proposed shoreland variances
and appeals for map or text interpretation.
(2)
A decision regarding the appeal or application shall be made as soon
as practical. Copies of all decisions on shoreland variances and appeals
for map or text interpretations shall be submitted to the appropriate
office of the Department within 10 days after they are granted or
denied.
(3)
The final disposition of an appeal or application to the Board of
Adjustment shall be in the form of a written resolution or order signed
by the Chairperson and Secretary of the Board. Such resolution shall
state the specific facts which are the basis of the Board's determination
and shall either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or prosecution or grant the application.
(4)
At the public hearing, any party may appear in person or by agency
or by attorney.
D.
Reconsideration.
(1)
Resubmission: No appeal or application which has been dismissed shall
again be considered unless the applicant can show a material change
in circumstances.
(2)
Rehearing. No rehearing of any issue already decided by the Board
shall take place except upon the affirmative vote of a majority of
the members of the Board upon finding that substantial material new
evidence is submitted which could not have been reasonably presented
at the previous meeting. Requests for rehearing shall be in writing
and shall state the reasons for the request and be accompanied by
necessary data and diagrams. Rehearing shall be subject to the same
notice requirements and fees as the original hearing.
