[Amended 11-12-2019 by Ord. No. 18-2019]
Given the County has created a Land Use Planning and Zoning
Department, and Land Use Planning and Zoning Committee, and Board
of Adjustment to administer and enforce land use ordinances, these
same officials shall also administer and enforce this chapter. These
officials, for the purpose of this shoreland zoning ordinance, shall
be responsible for all of the following:
A.
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 Land Use Planning
and Zoning Department, unless prohibited by § 59.692(1k),
Wis. Stats.
B.
Perform regular inspection of permitted work in progress to insure
conformity of the finished structures with the terms of this chapter.
C.
Establish a variance procedure which authorizes the Board of Adjustment
to grant such variance from the terms of this chapter 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 this chapter 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.
D.
Establish a special exception (conditional use permit) procedure
for uses presenting special problems.
E.
The County shall keep a complete record of all proceedings before
the Board of Adjustment, and Land Use Planning and Zoning Committee.
F.
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.
G.
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
this chapter.
H.
Mapped zoning districts and the recording, on an official copy of
such map, of all district boundary amendments.
I.
The establishment of appropriate penalties for violations of various
provisions of this chapter, including forfeitures. Compliance with
this chapter shall be enforceable by the use of injunctions to prevent
or abate a violation, as provided in § 59.69 (11), Wis.
Stats.
J.
Investigate and report violations of this chapter for enforcement
and/or prosecution.
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 Use Planning and Zoning
Department, or Board of Adjustment, or Land Use Planning and Zoning
Committee before any new development.
B.
Application. An application for a land use permit shall be made to
the Land Use Planning and Zoning Department upon forms furnished by
the Land Use Planning and Zoning Department and shall include for
the purpose of proper enforcement of these regulations, the following
information:
(1)
Name and address of applicant and property owner.
(2)
Legal description of the property and type of proposed use.
(3)
A "to scale" drawing of the dimensions of the lot and location of
all existing and proposed structures and impervious surfaces relative
to the lot lines, center line of abutting highways, and the ordinary
high-water mark of any abutting waterways.
(4)
Location and description of any existing private water supply or
sewage system or notification of plans for any such installation.
(5)
Plans for appropriate mitigation when required.
(6)
Payment of the appropriate fee.
(7)
Additional information required by the Land Use Planning and Zoning
Department.
A.
Application for a special exception permit. Any use listed as a special
exception in this chapter shall be permitted only after an application
has been submitted to the Land Use Planning and Zoning Department
and a special exception permit has been granted by the Board of Adjustment.
To secure information upon which to base its determination, the Board
of Adjustment 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, ground water conditions, subsurface geology, and
vegetative cover.
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, piers, open space, and landscaping.
(3)
Plans of buildings, sewage disposal facilities, water supply systems,
and arrangement of operations.
(4)
Specifications for areas of proposed filling, grading, lagooning
or dredging.
(5)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
(6)
Rationale for why the proposed special exception meets all of the
special exception criteria listed in this chapter.
B.
Notice, public hearing and decision. Before deciding whether to grant
or deny an application for a special exception permit, the Board of
Adjustment shall hold a public hearing. Notice of such public hearing,
specifying the time, place and matters to come before the Board of
Adjustment, 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 of
Adjustment shall state in writing the grounds for granting or denying
a special exception permit.
C.
Standards applicable to all special exceptions. In deciding a special
exception application, the Board of Adjustment 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 systems.
(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. Additional standards, such as parking, noise, etc.,
may be referred to the applicable part of their ordinance.
D.
Conditions attached to special exception. 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.
(1)
Upon consideration of the factors listed above, the Board of Adjustment
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.
(2)
In granting a special exception permit, the Board of Adjustment may
not impose conditions which are more restrictive than any of the specific
standards in this chapter. Where this chapter is silent as to the
extent of restriction, the Board of Adjustment may impose any reasonable
permit conditions to affect the purpose of this chapter.
E.
Recording. When a special exception permit is approved, an appropriate
record shall be made of the land use and structures permitted. Such
permit shall be applicable solely to the structures, use, and property
so described. A copy of any decision on a special exception 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 special exception permit are
violated, the special exception permit may be revoked.
A.
The Board of Adjustment may grant upon appeal a variance from the
standards of this chapter where an applicant convincingly demonstrates
that:
B.
Notice, hearing, and decision. Before deciding 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 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 of Adjustment 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 chair of the County Board shall appoint a Board of Adjustment
consisting of three members and two alternate 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(3),
Wis. Stats.
A.
Powers and duties (§ 59.694 Wis. Stats.).
(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.
(5)
In granting a variance, the board may not impose conditions which
are more restrictive than any of the specific standards in this chapter.
Where this chapter is silent as to the extent of restriction, the
board may impose any reasonable permit conditions to affect the purpose
of this chapter.
B.
Appeals to the Board. Appeals to the Board of Adjustment may be made
by any person aggrieved of by an officer, department, board, or bureau
of the County affected by any decision of the Land Use Planning and
Zoning Department or other administrative officer. Such appeal shall
be made within 30 days, as provided by the rules of the County 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 Use Planning and Zoning Department, or other
officer whose decision is in question, shall promptly transmit to
the Board of Adjustment all the papers constituting the record concerning
the matter appealed.
C.
Hearing Appeals and Applications for Variances and Special Exception
Permits. (§ 59.694(6), Wis. Stats.)
(1)
The Board of Adjustment shall fix a reasonable time for a hearing
on the appeal or application. The Board of Adjustment shall give public
notice thereof by publishing a Class 2 notice under Chapter 985, Wis.
Stats, specifying the date, time, and place of the hearing and the
matters to come before the Board of Adjustment. 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, special exceptions (conditional uses), and appeals
for map or text interpretations.
(2)
A decision regarding the appeal or application shall be made as soon
as practical. Copies of all decisions on shoreland variances, special
exceptions (conditional uses), 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 chairman and secretary of the Board of Adjustment. Such resolution
shall state the specific facts which are the basis of the Board of
Adjustment 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 agent
or by attorney.