A.
The Planning and Zoning Administrator or his designee shall exercise
the following duties and powers:
(1)
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications.
(2)
Issue permits and inspect properties for compliance with this chapter.
(3)
Keep records of all permits issued, inspections made, work approved
and other official actions.
(4)
Have access to any structure or premises during reasonable hours
for the purpose of performing his duties.
(5)
Issue directives and orders and report violations of this chapter
and other applicable regulations to the Planning and Zoning Committee
and Corporation Counsel.
NOTE: Written notice shall be given to the appropriate district
and area offices of the Department of Natural Resources at least 10
days prior to hearings on proposed shoreland variances, special exceptions,
appeals for map or text interpretations and map or text amendments.
B.
Copies of decisions on shoreland variances, special exceptions, appeals
for map or text interpretations and map or text amendments shall be
submitted to the appropriate district or area offices of the Department
of Natural Resources within 10 days after they are granted or denied.
A.
Cases when a zoning permit is required:
(1)
Before any building or other structure is erected, moved or structurally
altered so as to change its use or increase its floor space.
(2)
Before placement of riprap or other nonvegetative erosion control
devices and structures. Prior to installation, the County must approve
the zoning permit which shall include the design and necessity for
all erosion control devices and structures. Adams County shall issue
the zoning permit only after the WDNR issues its approval.
(3)
Before a special exception permit for filling and/or grading may
be issued.
(4)
Before any land use is substantially altered (including pond construction,
land clearing and filling and grading for camper slabs).
B.
Application for zoning permit. An application for a zoning permit
shall be made to the Planning and Zoning Administrator upon forms
furnished and shall include, for the purpose of proper enforcement
of these regulations, the following data:
(1)
Name and address of the applicant and property owner.
(2)
Legal description of the subject site, address of the subject site,
type of structure or use and the zoning district within which the
subject site lies.
(3)
Plat of survey or a location sketch showing the location, boundaries,
dimensions, elevations, uses and sizes of the following:
(4)
Any additional information as may be required by the County Planning
and Zoning Committee or the Planning and Zoning Administrator.
(5)
If applicable, inventory checklist.
A.
As applicable and permitted, no land shall be occupied, used or altered
and no building hereafter erected, altered or moved shall be occupied
until the appropriate inspection(s) and/or a final occupancy permit
has been issued by the Planning and Zoning Department. Inspection
reports shall show that the building or premises or part thereof conforms
to all provisions of this chapter.[1]
B.
The Planning and Zoning Administrator may issue a temporary occupancy
permit for part of a building, pursuant to rules and regulations established
by this chapter and other applicable codes and ordinances.[2]
C.
Upon written request from the owner, the Planning and Zoning Administrator
shall issue a letter of compliance for any building or premises existing
at the time of the adoption of this chapter, certifying, after inspection,
the extent and type of use made of the building or premises and whether
or not such use conforms to the provisions of this chapter.
NOTE: An on-site inspection may require a fee.
Unclassified or unspecified uses and any use listed as a special
exception in this chapter may be permitted only upon application to
the Planning and Zoning Administrator and issuance of a special exception
permit by the Board of Adjustment.
A.
Application for a special exception permit. In order 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 zoning permit, the following information:
(1)
A plan of the area showing contours, soil types, driveways, walkways,
groundwater conditions, bedrock, slope and vegetative cover.
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, piers, open spaces and landscaping.
(3)
Plans of buildings, sewage disposal facilities, water supply systems
and arrangements for operation.
(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)
If applicable, inventory checklist.
B.
Standards applicable to all special exceptions. In passing upon a
special exception permit, 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)
Existing topographic and drainage features and vegetative cover on
the site;
(4)
The location of the site with respect to floodplains of rivers or
streams;
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover;
(6)
The location of the site with respect to existing or future access
roads;
(7)
The need of the proposed use for the particular location;
(8)
Its compatibility with uses on adjacent land; and
(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 special exceptions.
(1)
Upon consideration of the factors listed above, the Board of Adjustment
may attach such conditions, in addition to those required elsewhere
in this chapter, that it deems necessary in furthering the purposes
of this chapter. Such conditions may include specifications for, without
limitation because of specific enumeration, type of shore cover; increased
setbacks; specified sewage disposal or water supply facilities; landscaping
and planting screens; period of operation; operation control; sureties;
deed restrictions; location of piers, docks, parking and signs; type
of construction; or any other requirements necessary to fulfill the
purpose and intent of this chapter.
(2)
The Board of Adjustment in evaluating each application may request
the Planning and Zoning Administrator to make available expert assistance
from those state and federal agencies which are assisting said district
under a memorandum of understanding and any other state or federal
agency which can provide technical assistance.
D.
Notice of public hearing. Before passing upon 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 shall be given in the manner specified in § 396-85D of this chapter, including mailed notice to the district and area offices of the Department of Natural Resources at least 10 days prior to the hearing.
E.
Recording. When a special exception permit is acted upon, an appropriate
record shall be made of the land use and structures permitted or denied,
and such grant shall be applicable solely to the structures, uses
and property so described. A copy of any decision granting a special
exception permit shall be mailed to the district and area offices
of the Department of Natural Resources.
NOTE: When a special exception permit is denied, the Board shall
state in writing the grounds for refusing the permit.
F.
Termination. Where a special exception does not continue in conformity
with the conditions of the original approval, the special exception
shall be terminated by action of the Board of Adjustment.
A.
Creation of the Board.
(1)
The Chair of the County Board is hereby directed to appoint a Board
of Adjustment according to § 59.694, Wis. Stats., consisting
of five members and two alternates.
(2)
The members shall all reside within the County and outside of limits
of incorporated cities and villages; provided, however, that no two
members may reside in the same town. The Board shall choose its own
Chair and other officers as may be needed.
(3)
No member shall be a member of the Planning and Zoning Committee
or be a member of the County Board of Supervisors or be a member of
a town board.
(4)
Term of office shall be for three years beginning July 1. Vacancies
shall be filled for the unexpired term of any member whose term becomes
vacant.
B.
Powers and duties of the Board.
(1)
The Board of Adjustment shall adopt such rules as it deems necessary
for the conduct of business and may exercise all of the powers conferred
on such boards by § 59.694(7), Wis. Stats.
(2)
It shall hear and decide appeals where it is alleged there is error
in any order, requirements, decisions or determination made by an
administrative official in the enforcement or administration of this
chapter.
(3)
It shall hear and decide special exceptions to the terms of this
chapter upon which the Board is required to pass under this chapter.
(4)
It may authorize upon appeal, in specific cases, such variance from
the terms of this chapter as will not be contrary to the public interest,
where owing to special or unique site conditions a literal enforcement
of the provisions of this chapter will result in unnecessary hardship,
provided the purpose and intent of this chapter are observed. No variance
shall have the effect of allowing in any district uses prohibited
in that district or permit standards lower than those required by
state law.
(a)
For the purposes of this section, "unnecessary hardship" means
whether compliance with the strict letter of the restrictions governing
area, setbacks, frontage, height, bulk or density would unreasonably
prevent the owner from using the property for a permitted purpose
or would render conformity with such restrictions unnecessarily burdensome.
Self-created and economic hardship shall not be considered.
(b)
All parties in interest shall be notified by United States mail
of variances and special exceptions.
C.
Appeals to the Board. Appeals to the Board of Adjustment may be taken
by a person aggrieved or by an officer, department, board or bureau
of the County affected by a decision of the Planning and Zoning Administrator.
Such appeal shall be taken within 30 days of written notice of the
decision or order of the Planning and Zoning Administrator by filing
with the officer from whom the appeal is taken and with the Board
of Adjustment a notice of appeal specifying the ground thereof. The
Planning and Zoning Administrator shall forthwith transmit to the
Board all the documents constituting the record upon which the action
appealed from was taken.[1]
D.
Hearing appeals.
(1)
The Board of Adjustment shall fix a reasonable time for the hearing
of the appeal and give public notice and such notice to be published
in the official newspaper of the County by publishing a Class 2 notice
thereof as defined in Ch. 985, Wis. Stats., as well as due notice
to the parties in interest, including mailing notice to the district
and area offices of the Department of Natural Resources at least 10
days prior to the hearing. Such notice shall specify the date, time
and place of the hearing and matters to come before the Board.
(2)
A decision regarding the appeal shall be made as soon as practicable.
(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 Secretary of the Board. Such resolution shall state the specific
facts that are the basis for 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)
A copy of any decision granting a variance shall be mailed to the
district and area offices of the Department of Natural Resources.
If a granted variance is not utilized within two years from the date
granted, is becomes null and void.
(5)
Any party may appear in person or by agent or by attorney.
(6)
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.
