[1]
Editor's Note: See § NR 115.05(4), Wis. Adm. Code.
The shoreland ordinance adopted by each county shall require
all of the following:
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 as 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 ordinance.
E.
A variance procedure which authorizes the Board of Adjustment to
grant such variance from the terms of the ordinance 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 ordinance 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.
F.
A special exception (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 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.
I.
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 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 ordinance, including forfeitures. Compliance with
the ordinance 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,
Wis. Adm. Code. 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 Department 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 Department 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 Department within 10
days after the decision is issued.
[Section NR 115.05(4), Wis. Adm. Code] 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 ordinance.
C.
Develop and maintain a variance procedure which authorizes the Board
of Adjustment to grant such variance from the terms of the ordinance
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 ordinance will result in unnecessary
hardship.
D.
Develop and maintain a special exception (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, 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.
Submit to the appropriate office of the Department, within 10 days
after grant or denial, 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 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 ordinance, including forfeitures. Compliance with the ordinance
shall be enforceable by the use of injunctions to prevent or abate
a violation, as provided in § 59.69(11), Wis. Stats.
J.
Pursue the prosecution of violations of the shoreland ordinance.
A.
When required. Except where another section of this chapter specifically
exempts certain types of development from this requirement, a permit
shall be obtained from the Zoning Administrator or Board of Adjustment/Committee
before any new development.
B.
Application. An application for a 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 applicant and property owner.
(2)
Legal description of the property and type of proposed use.
(3)
A to-scale site plan 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 Zoning Administrator.
C.
Expiration of permit. Zoning permits shall expire 12 months from
date issued if no substantial work has commenced.
D.
Certificates of compliance.
(1)
No land or building shall be occupied or used until a certificate
of compliance is issued by the Zoning Administrator.
(a)
The certificate of compliance shall certify that the building
or premises or part thereof, and the proposed use thereof, conform
to the provisions of this chapter.
(b)
Application for such certificate shall be concurrent with the
application for a zoning permit.
(c)
The certificate of compliance shall be issued within 10 days
after notification of the completion of the work specified in the
zoning permit, if the building or premises or proposed use thereof
conforms with all the provisions of this chapter.
(2)
The Zoning Administrator may issue a temporary certificate of compliance
for part of a building, pursuant to rules and regulations established
by the County Board.
(3)
Upon written request from the owner, the Zoning Administrator shall
issue a certificate 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.
A.
Application for 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 Zoning Administrator and a special exception
permit has been granted by the Grant County Board of Adjustment. To
secure information upon which to base its determination, the Grant
County 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 surface contours, soil types, ordinary
high-water marks, 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 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 Grant County
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
Grant County 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; 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.
(10)
For additional standards such as parking, noise, etc., refer
to the applicable part of this chapter.
D.
Conditions attached to special exceptions.
(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 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 may impose any reasonable permit
conditions to effect 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 shall be revoked.
G.
The Director or his/her designee may issue a special permit to 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 or persons. A person applying for a permit for construction
under this section shall establish the nature and extent of the disability
and that the relaxation requested is the minimum necessary to provide
reasonable use of the facility. A deed restriction or affidavit for
the reasonable accommodation shall be filed with the Register of Deeds.
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 provisions of this chapter 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. [§ 59.694(6), Wis.
Stats.] 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 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 Department within 10 days of the decision.
[Section 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 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. [Section 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 effect the purpose
of this chapter.
B.
Appeals to Board. [Section 59.694, Wis. Stats.] 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 special exception
permits. [Section 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 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 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 provided 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. 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 either 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.
[Sections 59.69, 59.694, 59.696, and 59.697, Wis. Stats.] 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 in accordance with
the requirements of § 59.69(5)(e), Wis. Stats., Ch. NR 115,
Wis. Adm. 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. [Section NR 115.04, Wis. Adm. Code]
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
Department 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 Department 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 Department within 10 days after the
decision is issued.
[Section NR 115.04(j), Wis. Adm. Code] 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, 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 a forfeiture of not less than $10 nor more than $200 per offense,
together with the taxable costs of action. Each day 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 his 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 or Deputy Zoning Administrator determines there
are reasonable grounds for believing there is a violation of any provision
of this chapter, the Zoning Administrator, Assistant Zoning Administrator
or Deputy Zoning Administrator 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 reason of hardship prevails 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 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 by the Zoning
Administrator, Assistant Zoning Administrator or Deputy Zoning Administrator
or apply to the Grant County Board of Adjustment for a variance from
the strict rule of this chapter within 30 days of receipt of a notice
or order.
E.
Emergency conditions. Whenever the Zoning Administrator finds that
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, or meeting a timetable
which requires immediate action to protect the public health, safety
and welfare, the 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 Administrator shall notify the Chairperson of the Zoning 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.
