[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.
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.
(3) It shall hear and decide applications for special exception permits pursuant to Section
338-64.
(4) It may grant a variance from the standards of this chapter pursuant to Section
338-65.
(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.