All of the following shall be required:
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 authorized by § 59.694,
Wis. Stats., and a County Planning Agency as defined in § 236.02(3),
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 ensure conformity
of the finished structures with the terms of the chapter.
E.
A variance procedure which authorizes the Board of Adjustment to
grant such variance from the terms of the 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 the chapter will result in unnecessary hardship,
as long as the granting of the variance does not have the effect of
granting or increasing any use of property which is prohibited in
the zoning district by the Shoreland Zoning Ordinance.
F.
A 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 DNR at least 10 days prior to any hearing on a proposed variance, 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 DNR, within 10 days after
grant or denial, copies of any decision on a variance, conditional
use permit, or appeal for a map or text interpretation, and any decision
to amend a map or text of an ordinance.
J.
Development and maintenance of an official map of all mapped zoning
district boundaries, amendments, and recordings.
K.
The establishment of appropriate penalties for violations of various
provisions of the chapter, including forfeitures. Compliance with
the chapter shall be enforceable by the use of injunctions to prevent
or abate a violation, as provided in § 59.69(11), Wis. Stats.
L.
Pursuing the prosecution of violations of the Shoreland Ordinance.
M.
Shoreland-Wetland Map amendments according to § 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
DNR within five days of the filing 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 DNR 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 DNR within 10 days after the decision is issued.
The Zoning Administrator shall have the following duties and
powers:
A.
Develop and maintain a system of permits for 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.
B.
Regularly inspect permitted work in progress to ensure conformity
of the finished structures with the terms of the chapter.
C.
Develop and maintain a variance procedure which authorizes the Board
of Adjustment to grant such variances from the terms of the 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 the chapter will result in an unnecessary
hardship.
D.
Develop and maintain a conditional use procedure.
E.
Keep a complete record of all proceedings before the Board of Adjustment,
Zoning Agency, and Planning Agency.
F.
Provide written notice to the appropriate office of the Department at least 10 days prior to any hearing on a requested variance, 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.
Submit to the appropriate office of the Department, within 10 days
after grant or denial, any decision on variance, conditional use permit,
or appeal for a map or text interpretation, and any decision to amend
a map or text of an ordinance.
H.
Develop and maintain an official map of all mapped zoning district
boundaries, amendments, and recordings.
I.
Establish appropriate penalties for violations of various provisions
of the chapter, including forfeitures. Compliance with the chapter
shall be enforceable by the use of injunctions to prevent or abate
a violation, as provided in § 59.69(11), Wis. Stats.
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 Zoning Administrator or Board
of Adjustment or Land Management Committee before any new development.
B.
Application. An application for a land use permit shall be made to
the Zoning Administrator upon forms furnished by the County and shall
include for the purpose of proper enforcement of these regulations,
the following information:
(1)
Name and address of the applicant, property owner, and contractor;
(2)
Legal description of the property, type of proposed use, and whether
it is new construction or a modification;
(3)
A site plan drawn to scale that includes the location, dimensions,
area, and elevation of the lot;
(4)
Location of the OHWM of any abutting navigable waterways;
(5)
Location of any structures with distances measured from the lot lines
and street center lines;
(6)
Location of all existing and proposed structures and impervious surfaces
relative to the lot lines;
(7)
Location and description of any existing or proposed private water
supply system or on-site sewage system;
(8)
Location and elevation of existing or future access roads;
(9)
Plans for appropriate mitigation when required;
(10)
Payment of the appropriate fee; and
(11)
Additional information required by the Zoning Administrator.
C.
Expiration of permit. All land use permits issued under the authority
of this chapter shall expire 12 months from the date of issuance if
no substantial work has commenced.
D.
Reasonable accommodation for disabled persons. The Zoning Administrator
may relax the standards of this chapter in order to provide reasonable
accommodations as required by provisions of federal and state law.
Such relaxation shall be the minimum necessary to be consistent with
federal guidelines for accommodation of persons with disabilities
and shall, where practicable, be terminated when the facility is no
longer used by the disabled person. A person applying for a permit
for construction under this section shall establish the nature and
extent of the disability and that the relaxation request is the minimum
necessary to provide reasonable use of the facility.
A.
Application. Any use listed as a conditional use in this chapter
shall be permitted only after an application has been submitted to
the Zoning Administrator and a conditional use permit has been granted
by the Land Management Committee. To secure information upon which
to base its determination, the Zoning Administrator may require the
applicant to furnish, in addition to the information required in the
zoning permit, the following information:
(1)
A plan of the area showing surface contours, soil types, OHWM, groundwater
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 conditional use meets all of the conditional
use criteria listed in the chapter.
B.
Notice, public hearing, and decision. Before deciding whether to
grant or deny an application for a conditional use permit, the Land
Management Committee shall hold a public hearing. Notice of such public
hearing, specifying the time, place, and matters to come before the
Land Management 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 DNR at least 10 days prior to the hearing. The Land
Management Committee shall state in writing the grounds for granting
or denying a conditional use permit.
C.
Standards applicable to all conditional use permits. In deciding
a conditional use permit application, the Land Management 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 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; and
(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.
maybe refer to the applicable part of the chapter.
D.
Conditions attached to conditional use permits.
(1)
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.
Upon consideration of the factors listed above, the Land Management
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.
(2)
In granting a conditional use permit, the Land Management Committee
may not impose conditions which are more restrictive than any of the
specific standards in the chapter. Where the chapter is silent as
to the extent of restriction, the Board may impose any reasonable
permit conditions to affect the purpose of this chapter.
E.
Recording. When a conditional use 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 conditional use permit shall
be provided to the appropriate office of the DNR 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.
A.
Variance criteria to be met. 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 chapter provisions will result in unnecessary
hardship on the applicant;
(2)
The hardship is due to special conditions unique to the property;
(3)
The request is not contrary to the public interest; and
(4)
The request represents the minimum relief necessary to relieve unnecessary
burdens.
B.
Notice, public 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 DNR
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 office of the DNR within
10 days of the decision.
The Board of Adjustment is created under § 59.694,
Wis. Stats. The County Executive, County Administrator, or Chair of
the County Board shall appoint a Board of Adjustment consisting of
three or five members under § 59.694, Wis. Stats. The County
Board adopted 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.
(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 conditional use permits.
(5)
In granting a variance, the Board may not impose conditions which
are more restrictive than any of the specific standards in the chapter.
Where the chapter is silent as to the extent of restriction, the Board
may impose any reasonable permit conditions to effect the purpose
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 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 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 and conditional use
permits.
(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 provided to the appropriate office of the DNR at least
10 days prior to hearings on proposed shoreland variances, conditional
use permits, 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, conditional
use permits, and appeals for map or text interpretations shall be
provided to the appropriate office of the DNR 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. The final disposition
of an appeal or application to the Board of Adjustment shall be in
the form of a written decision document signed by the Chairman and
Secretary of the Board. The decision document shall affirm, deny,
vary, or modify the appeal and list the specific reasons for the determination.
(4)
At the public hearing, any party may appear in person or by agent
or by attorney.
The County Board may, by resolution, adopt fees for the following:
The County Board may from time to time, alter, supplement, or
change the regulations contained in this chapter with the requirements
of § 59.69(5)(e), Wis. Stats., NR 115 Wis. Admin. Code,
and this chapter, where applicable.
A.
Amendments. Amendments to this chapter may be made on petition of
any interested party as provided in § 59.69(5), Wis. Stats.
B.
Shoreland-Wetland Map amendments. 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 DNR within five days of the filing 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 DNR at least 10 days prior to the hearing. A copy of
the County Board's decision on each proposed amendment shall
be provided to the appropriate office of the DNR within 10 days after
the decision is issued.
Any development, any building or structure constructed, moved,
or structurally altered, or any use established after the effective
date of this chapter in violation of the provisions of this chapter
by any person, firm, association or corporation (including building
contractors or their agents) shall be deemed a violation. The Zoning
Administrator or the County Zoning Agency shall refer violations to
the District Attorney or Corporation Counsel who shall expeditiously
prosecute violations. Any person, firm, association, or corporation
who violates or refuses to comply with any of the provisions of this
chapter shall be subject to the forfeiture of not less than $10 nor
more than $200 per offense, together with the taxable costs of action.
Each day on which the violation exists shall constitute a separate
offense. Every violation of this chapter is a public nuisance and
the creation thereof may be enjoined and the maintenance thereof may
be abated pursuant to § 59.69(11), Wis. Stats.
A.
Penalty. Any person, firm, or corporation, including those doing
work for others, who violates any of the provisions of this chapter
shall be subject to a forfeiture of not less than $50 nor more than
$500 for each violation plus the cost of prosecution. Each day a violation
exists shall constitute a distinct and separate violation of this
chapter and as such, forfeitures shall apply accordingly. The Zoning
Administrator shall refer violations to the Corporation Counsel, who
shall prosecute violations.
B.
Injunction. Any use or action which violates the provisions of this
chapter shall be subject to a court injunction prohibiting such violation.
C.
Responsibility for compliance. It shall be the responsibility of
the applicants as well as their agent or other persons acting on their
behalf to comply with the provisions of this chapter. Any person,
firm, or corporation, causing a violation or refusing to comply with
any provision of this chapter will be notified in writing of such
violation by the County Zoning Administrator or designated zoning
deputy. Each day a violation exists shall constitute a distinct and
separate violation of this chapter and, as such, forfeitures shall
apply accordingly. Every violation of this chapter is a public nuisance
and the creation thereof may be enjoined and the maintenance thereof
may be abated pursuant to § 59.69(11), Wis. Stats.
D.
Suspension of permit. Whenever the Zoning Administrator, Assistant
Zoning Administrator, zoning specialist, determines there are reasonable
grounds for believing there is a violation of any provision of this
chapter, the Zoning Administrator, Assistant Zoning Administrator,
and zoning specialist shall give notice to the owner of record as
hereinafter provided. Such notice shall be in writing and shall include
a statement of the reason for the suspension of the permit. It shall
allow 30 days for the performance of any act it requires. If work
cannot be completed in the thirty-day period, an extension may be
granted if reasons of hardship prevail and can be verified. Such notice
or order shall be deemed to have been properly served upon such owner
or agent when a copy thereof has been sent by registered mail to the
owner's last known address or when the owner has been served
by such notice by any method authorized by the laws of Wisconsin.
The owner of record has the right to appeal any decision of the Zoning
Administrator, Assistant Zoning Administrator, or zoning specialist
or apply to the Pierce County Board of Adjustment for a variance from
the strict rule of the chapter within 30 days of receipt of a notice
or order.
E.
Emergency conditions. Whenever the Zoning Administrator finds an
emergency exists, such as sudden, unexpected occurrences, or combinations
thereof, unforeseen conditions or circumstances at the time beyond
one's control, adverse weather conditions, meeting a timetable
which requires immediate action to protect the public health, safety,
and welfare, the Zoning Administrator may, without notice or hearing,
issue an order citing the existence of such emergency and may require
that such action be taken as may be deemed necessary to meet the emergency.
The Zoning Administrator shall notify the Chairperson of the Land
Management Committee within 24 hours of such situations. Notwithstanding
any other provisions of this chapter, such order shall become effective
immediately. Any person to whom such order is directed shall comply
therewith immediately. Appeals or challenges to emergency orders may
be brought after emergency conditions have ceased to the Board of
Adjustment.
