[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.
C. 
Expiration of permit. A land use permit shall expire 12 months from date issued.[1]
[Amended 11-12-2019 by Ord. No. 18-2019]
[1]
Editor's Note: Former Subsection D, regarding certificates of compliance, which immediately followed, was repealed 11-12-2019 by Ord. No. 18-2019.
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:
(1) 
Literal enforcement of the provisions of this chapter will result in unnecessary hardship on the applicant; and
(2) 
The hardship is due to special conditions unique to the property; and
(3) 
Is not contrary to the public interest.
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.
(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.