[Amended 1-12-2022 by Ord. No. 2021-9]
This section provides for the appointment of appropriate boards
and staff; where a zoning administrator, planning and zoning agency
or a board of adjustment has already been appointed to administer
a zoning ordinance adopted under §§ 59.69, and 59.692, Wis.
Stats., these officials shall develop necessary policies and procedures
to administer this chapter, in accordance with this section.
A.
County Land Use and Planning Committee. The County Land Use and Planning Committee, created pursuant to Chapter 179, Planning and Parks, of the Code of Washington County, is hereby declared to be the agent of the County Board for all matters pertaining to zoning under this chapter, except for such powers as are specifically reserved to the County Board, the County Board of Adjustment or the Administrative Officer.
(1)
In addition to those powers and duties conferred in Chapter 179, Planning and Parks, the County Land Use and Planning Committee shall hear and decide applications for conditional use permits pursuant to this chapter.
(2)
In granting a conditional use permit, the 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 Committee may impose any reasonable County permit conditions to
effect the purpose of this chapter.
(3)
The Committee may recommend any changes or amendments to the County
Board that it may deem necessary or desirable concerning the chapter,
after the public hearing.
(4)
The Committee oversees the functions of the office of the Administrator.
(5)
The Committee reviews and acts upon all proposed amendments to the
shoreland, wetland and floodplain zoning ordinance map and/or text
and recommends action to the County Board.
(6)
Maintain a complete public record of all its proceedings.
(7)
Request for conditional use permit, receive applications for, hold
public hearings for and act upon conditional use permits.
(a)
Conditional use permit grant procedures. The Land Use and Planning
Committee, after notifying adjacent property owners, the town involved
and publication of a Class 2 legal notice, may grant a conditional
use permit for the conditional uses enumerated in this chapter. In
considering any application for conditional uses, the Land Use and
Planning Committee shall consider the purpose and intended use for
the district, the potential conflicts and compatibility of the proposed
use with the existing land involved, the need for the proposed use
to be located in the area and the availability of alternate, feasible
locations, the effect of the proposed use on water, air, soil and
other irreplaceable natural resources, and such other related considerations
as the Committee deems relevant to judging a request for a specific
type of conditional use permit.
(b)
The Land Use and Planning Committee may attach conditions to
any such conditional use permit which the Committee deems necessary
to fulfill the purpose and intent of this chapter. Violation of these
conditions shall constitute a violation of this chapter and shall
constitute sufficient grounds for the Committee, after public hearing,
to revoke the County permit.
B.
Administrator. The Administrator, or designees with the Planning
and Parks Department staff, is hereby authorized to administer the
provisions of this chapter. The Administrator shall have the following
duties and powers:
(1)
Advise applicants as to the provisions of this chapter, assist them
in preparing permit applications and appeal forms, and ensure that
the regional flood elevation for the proposed development is shown
on all permit applications if applicable.
(2)
Issue permits and inspect properties for compliance with the provisions
of this chapter and issues certificates of compliance, where appropriate.
(3)
Keep the official records of all water surface profiles, shoreland,
wetland and floodplain Zoning Maps, shoreland, wetland and floodplain
ordinances, legal nonconforming uses and legal nonconforming structures
and changes thereto, records of all permit applications, permits issued,
inspections made, appeals, variances and ordinance amendments related
to this chapter, work approved, floodproofing certificates (certificate
of compliance) and other official actions.
(4)
Submit copies of variances, conditional uses and decisions, map or
text interpretations and map or text amendments, case-by-case analysis,
and any other required information within 10 days after issuance to
the appropriate regional office of the Department.
(5)
Investigate and report violations of this chapter to the Land Use
and Planning Committee or County Attorney.
(6)
Submit copies of amendments and annual reports to Federal Emergency
Management Agency, on request. Submit an annual summary of the number
and types of floodplain zoning actions taken to the DNR.
(7)
Maintain on file a list of all documentation of certified elevations
and substantial damage assessment reports for floodplain structures.
(8)
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred. Submit a copy
of assessments performed and all related correspondence concerning
the assessments to the DNR.
C.
Zoning and administrative permits.
[Amended 4-12-2023 by Ord. No. 2023-2]
(1)
When required. Except where another section of this chapter specifically exempts certain types of development from this requirement, a zoning or administrative permit shall be obtained from the Administrator before any new development, as defined in §§ 275-2 and 275-10 of this chapter, or any change in the use of an existing structure is initiated.
(2)
Application. An application for a zoning or administrative permit
shall be made to the Administrator upon forms furnished by the County
and shall include, for the purpose of proper enforcement of these
regulations, the following data:
(a)
The name and address of applicant, property owner, contractor
or builder, and phone numbers.
(b)
A legal description of the property, type of proposed use, description
of project and an indication as to whether new construction or a modification
to an existing structure is involved.
(c)
A scaled drawing of the dimensions of the lot and location of
structures relative to the lot lines, center line of abutting roads
and the OHWM of any abutting watercourses and water level on a date
specified. If the drawing is not scaled, the dimensions of all buildings,
impervious areas and lot shall be shown.
(d)
If the application involves property adjacent to or within the
floodplain, the elevation of the lowest floor using National Geodetic
and Vertical Datum.
(e)
A site development plan drawn to scale or with dimensions which
accurately delineates the proposal with respect to the zoning district
boundary showing the dimensions of the lot and locations of all existing
and proposed structures from lot lines, center lines of all abutting
roads and the OHWM of any abutting or nearby watercourses. In addition,
all existing and proposed impervious areas must be shown.
(f)
Information concerning all private water supply systems and
private on-site wastewater systems to be installed, the location of
all existing wells, structures and private on-site wastewater treatment
systems, and the OHWM of all streams and lakes within 100 feet of
a proposed sewage disposal site.
(g)
If the application involves property adjacent to or within the floodplain, data provided from a hydraulic and hydrologic study shall be submitted that is sufficient to determine the regional flood elevation at the location of the development and to determine whether or not the requirements of § 275-14D are met. This may include any of the information noted in § 275-17.
(h)
Any other data required on the forms supplied by the Planning
and Parks Department or requested by the Department necessary to issue
the County permit or review the appeal.
D.
Certificates of compliance. Floodplain District. No land shall be
occupied or used, and no building which is hereafter constructed,
altered, added to, modified, repaired, rebuilt or replaced shall be
occupied until a certificate of compliance is issued by the Zoning
Administrator, except where no permit is required, subject to the
following provisions:
[Amended 4-12-2023 by Ord. No. 2023-2]
(1)
The certificate of compliance shall show that the building or premises
or part thereof, and the proposed use, conform to the provisions of
this chapter;
(2)
Application for such certificate shall be concurrent with the application
for a permit;
(3)
If all ordinance provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed;
(4)
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of § 275-20 are met.
(5)
Where applicable pursuant to § 275-17D, the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
E.
Conditional use permits.
(1)
Application for a conditional use permit. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Administrator, as defined in §§ 275-2 and 275-10 of this chapter, and a conditional use permit has been granted by the Land Use and Planning Committee.
[Amended 4-12-2023 by Ord. No. 2023-2]
(2)
Standards applicable to all conditional uses. In passing upon a conditional
use permit, the Land Use and Planning Committee shall evaluate the
effect of the proposed use upon:
(a)
The maintenance of safe and healthful conditions.
(b)
The prevention and control of water pollution, including sedimentation.
(c)
Compliance with this chapter and opportunity for damage to adjacent
properties due to altered surface water drainage.
(d)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(e)
The location of the site with respect to existing or future
access roads.
(f)
The need of the proposed use for a shoreland location.
(g)
Its compatibility with uses on adjacent land.
(h)
The amount of liquid and solid wastes to be generated and the
adequacy of the proposed disposal systems.
(i)
Location factors under which:
[1]
Domestic uses shall be generally preferred.
[2]
Uses not inherently a source of pollution within an area shall
be preferred over uses that are or may be a pollution source.
[3]
Use locations within an area tending to minimize the possibility
of pollution shall be preferred over use locations tending to increase
that possibility.
(3)
Conditions attached to conditional uses. Upon consideration of the
factors listed above, the Land Use and Planning 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.
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.
To secure information upon which to base its determination, the Land
Use and Planning Committee may require the applicant to furnish, in
addition to the information required for a zoning permit, the following
information:
(a)
A plan of the area showing surface contours, soil types, OHWM,
groundwater conditions, subsurface geology and vegetative cover.
(b)
Location of structures, parking areas, traffic access, driveways,
walkways, piers, open space and landscaping and other impervious areas.
(c)
Plans of structures, sewage disposal facilities, water supply
systems and arrangement of operations.
(d)
Specifications for areas of proposed excavating, filling, grading,
lagooning or dredging.
(e)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
(f)
Rare or unique resources in the area.
(4)
Notice, public hearing and decision. Before passing upon an application
for a conditional use permit, the Land Use and Planning Committee
shall hold a public hearing. Notice of such public hearing, specifying
the time, place and matters to come before the Committee, shall be
given as a Class 2 notice under Ch. 985, Wis. Stats. Such notice shall
be provided to the appropriate regional office of the Department at
least 10 days prior to the hearing. The Committee shall state, in
writing, the grounds for granting or denying a conditional use permit.
(5)
Recording. When a conditional use permit is approved, an appropriate
record shall be made of the land use and structures permitted, and
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 regional office of the
Department within 10 days after it is granted or denied.
(6)
Revocation. Where the conditions of a conditional use permit are
violated, the conditional use permit shall be revoked.
F.
County Board of Adjustment. The County Board Chairperson shall appoint
a County Board of Adjustment consisting of five members under § 59.694,
Wis. Stats. The County Board of Adjustment shall elect its own Chairperson,
Vice Chairperson and Secretary. The County Board of Adjustment Chairperson
shall designate a minimum of three members of the County Board of
Adjustment to attend scheduled meetings and hearings. Two members
shall represent a simple majority or quorum for business before the
Board. The Zoning Administrator shall not be the Secretary of the
Board. The County Board shall adopt such rules for the conduct of
the business of the County Board of Adjustment as required by § 59.694(3),
Wis. Stats.
(1)
Powers and duties.
(a)
The County 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.
(b)
It shall hear and decide appeals where it is alleged there is
error in any order, requirements, decision or determination made by
an administrative official in the enforcement or administration of
this chapter.
(c)
It may grant a variance from the dimensional standards of this chapter pursuant to Subsection F of this section.
(d)
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.
(2)
Appeals to the Board. Appeals to the County 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 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 County Board of
Adjustment, a notice of appeal specifying whether an interpretation
of the chapter text or map or a variance is sought and the grounds
thereof, including any other reasons for the appeal. The 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.
(3)
Hearing appeals and applications for variances.
(a)
The County 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 adjacent
landowners and the Town Board. Written notice shall be given to the
appropriate regional office of the Department at least 10 days prior
to hearings on proposed shoreland, wetland or floodplain variances
and appeals for map or text interpretations.
(b)
The County Board of Adjustment shall review all data submitted
in the application, including the floodway/floodfringe determination
data, in the case of a floodplain appeal.
(c)
A decision regarding the appeal or application shall be made
as soon as practical and within a reasonable time. Copies of all decisions
on shoreland, wetland or floodplain variances and appeals for map
or text interpretations shall be submitted to the appropriate regional
office of the Department within 10 days after they are granted or
denied.
(d)
The final disposition of an appeal or application to the County
Board of Adjustment shall be in the form of a written decision and
order signed by the Chairperson and Secretary of the Board. Such resolution
shall state the specific facts which are the basis of 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 grant or deny
the application. The reasons or justifications for granting an appeal,
including a description of the hardship or practical difficulty which
was demonstrated by the applicant in the case of a variance, shall
be clearly stated in the recorded minutes of the County Board of Adjustment
proceedings.
(4)
Boundary disputes. The following procedure shall be used by the County
Board of Adjustment in hearing disputes concerning the district boundaries
shown on the Official Floodplain Zoning Map:
(a)
Where a Floodplain District boundary is established by approximate or detailed floodplain studies, pursuant to § 275-14D, the regional flood elevations or profiles for the point in question shall be the governing factor in locating the district boundary. If no regional flood elevations or profiles are available to the Board, other available evidence may be examined.
(b)
The person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the County Board of Adjustment. Where it is determined that the district boundary is incorrectly mapped, the Board should either inform the Land Use and Planning Committee to proceed to petition the County Board of Supervisors or inform the person contesting the location of the boundary to petition the County Board for a map amendment pursuant to § 275-22D.
(5)
Variance. Any deviation from the standards of this chapter, for which a County permit has been denied by the Administrator, may be allowed only upon written request for a variance submitted to the Administrator, after a public hearing and the issuance of a variance by the County Board of Adjustment. The Board may authorize in specific cases such variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions affecting a particular property, a literal enforcement of the provisions of this chapter would result in unnecessary hardship as defined in § 275-2. A variance shall:
(b)
Not permit a lower degree of flood protection in the floodway area than the flood protection elevation, as defined in § 275-2. In the floodfringe area, a lower degree of flood protection than the flood protection elevation may only be allowed pursuant to § 275-19C(2).
(c)
Not be granted because of conditions that are common to a group
of adjacent lots or premises. (In such a case, the zoning ordinance
would have to be amended following proper procedures.)
(d)
Not be granted unless it is shown that the variance will not
be contrary to the public interest and will not be damaging to the
right of other persons or property values in the area.
(e)
Not be granted for actions which require an amendment to this chapter or the map(s) described in § 275-14D.
(f)
Not have the effect of granting or increasing a use of property
which is prohibited in a particular zoning district.
(g)
Not be granted solely on the basis of economic gain or loss.
(h)
Not be granted for a self-created hardship.
(i)
Be consistent with soil and water conservation practices when
no reasonable alternative exists. An example would be an animal waste
control project where existing structures are already nonconforming.
(j)
Not allow any alteration of an historic structure, including
its use, which would preclude its continued designation as an historic
structure.
(k)
The variance shall not cause any increase in the regional flood
elevation.
(l)
Variances shall only be granted for lots that are less than
one-half acre and are contiguous to existing structures constructed
below the regional flood elevation.
(m)
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety, create a public nuisance, shall not increase
costs for rescue and relief efforts and shall not be contrary to the
purpose of this chapter.
(n)
When a floodplain variance is granted, the Board shall notify
the applicant, in writing, that it may increase risks to life and
property and flood insurance premiums could be impacted. A copy shall
be maintained with the variance record.
(6)
Reapplication. If a variance request is denied, no reapplication
can be made until the later of the following occurrence:
G.
Fees. As authorized by Chapter 179, Planning and Parks, of the Washington County Code, the Land Use and Planning Committee may adopt fees for the following:
(1)
Shoreland, wetland and floodplain.
(a)
Zoning permits.
(b)
Certificates of compliance.
(c)
Planned unit development and condominium reviews.
(d)
Public hearings.
(e)
Legal notice publications.
(f)
Conditional use permits.
(g)
Land division reviews.
(h)
Failure to obtain a County permit.
(i)
Appeals.
(j)
Administrative permits.
(k)
Accessory, sign, agricultural.
(l)
Commercial, industrial.
(m)
Residential, other.
(n)
County Board of Adjustment.
(o)
Zoning amendment.
(p)
Floodplain letter.
(q)
Field determination.
(r)
Other related permits or services.
I.
Expiration
of County permit. Floodplain permits shall expire 180 days from date
of issue, or as otherwise specified by law. Floodplain permits may
be extended at the discretion of the administrator for up to 180 days
for good and sufficient cause. Shoreland and wetland permits expire
after 18 months. Shoreland and wetland permits may be extended in
twelve-month time periods from the administrator for good and sufficient
cause, provided progress towards permit compliance is being achieved
and appropriate fee is submitted prior to expiration.
[Added 4-12-2023 by Ord. No. 2023-2]
J.
Other
permits. It is the responsibility of the applicant to secure all other
necessary permits from all appropriate federal, state and local agencies
and notify the United States Army Corps of Engineers of the project
application pursuant to Federal Water Pollution Control Act, Section
404, as amended.[1]
[Added 4-12-2023 by Ord. No. 2023-2]
[1]
Editor's Note: See 33 U.S.C. § 1344.
K.
Federal
and state floodplain permits. Upon securing federal (FEMA) approval
or state (DNR) approval of a floodplain study and associated permits,
the County may, at its discretion, rely on said approvals and permits
and issue related County permits based on the same or similar regulations.
[Added 4-12-2023 by Ord. No. 2023-2]
The County Board may from time to time alter, supplement or change the boundaries of use districts and the regulations contained in the shoreland, wetland or floodplain section of this chapter in accordance with the requirements of § 59.69, Wis. Stats., Chs. NR 115 and 116, Wis. Adm. Code and § 275-12E of this chapter, where applicable.
A.
Amendments to this chapter may be made on petition of any interested
party as provided in § 59.69, Wis. Stats.
B.
Every petition for a text or map amendment filed with the Administrator
shall be referred to the Land Use and Planning Committee. A copy of
each petition shall be mailed to the appropriate regional office of
the Department within five days of the filing of the petition with
the Administrator. Written notice of the public hearing to be held
on a proposed amendment shall be provided to the appropriate regional
office of the Department at least 10 days prior to the hearing.
C.
A copy of the County Board's decision on each proposed amendment
shall be forwarded to the appropriate regional office of the Department
within 10 days after the decision is issued.
(1)
No amendment to the maps or text of this chapter shall become effective
until reviewed and approved by the Department.
(2)
No permit shall be issued until the map or text amendment is approved
by the department and FEMA, if applicable.
(3)
All persons petitioning for a map amendment that obstructs flow,
causing any increase in the height of the regional flood, shall obtain
flooding easements, or other appropriate legal arrangements, from
all affected local units of government and property owners prior to
the County's approval of an amendment which would result in such an
increase to the regional flood elevation.
D.
Floodplain amendments. Amendments to this chapter shall be made as provided by law. Obstructions to the floodplain or increases to the regional flood elevation may only be permitted if amendments to the official floodway lines, water surface profiles, Floodplain Zoning Maps or text are made in accordance with Subsection D(1) through (7). In AE Zones with a mapped floodway, no obstructions to the floodplain or increases to the regional flood elevation shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection D(1) through (7). Any such alterations must be reviewed and approved by FEMA and the Department. In A Zones, increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection D(1) through (7). Actions which require an amendment to this chapter and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
(1)
Any fill or floodway encroachment that obstructs flow, causing any
increase in the regional flood height.
(2)
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM.
(3)
Fill which raises the elevation of the filled area to a height at
or above the flood protection elevation and is contiguous to land
lying outside the floodplain.
(4)
Correction of discrepancies between the water surface profiles and
floodplain maps.
(5)
Any upgrading of this chapter required by the Wisconsin Administrative
Code, or otherwise required by law.
(6)
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the floodfringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
A.
The Washington County Planning and Parks Department shall enforce the provisions of this chapter and all other laws and ordinances relating to any development by means of the withholding or revoking of County permits, collection of forfeitures pursuant to Chapter 1, General Provisions, Article III, General Penalty, of the Code of Washington County and injunctive action, all in accordance with §§ 59.07, 59.69 and 87.30, Wis. Stats.
B.
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 corporation counsel, who shall expeditiously prosecute violations.
[Amended 1-12-2022 by Ord. No. 2021-9]
(1)
Penalty. Any person, firm, association or corporation, including those doing work for others, who violates or refuses to comply with 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, except for violations specific to Article IV, Floodplain Zoning the forfeiture shall not be more than $50 per offence; 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., or by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30, Wis. Stats.
(2)
Injunction. Any use or action which violates the provisions of this
chapter shall be subject to a court injunction prohibiting such violation.
(3)
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 Administrator or his designated 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.
(4)
Failure to obtain a County permit. It shall be unlawful to commence
development prior to obtaining a County permit. The Department shall
charge the amount of the fee as provided in the fee schedule approved
by the Washington County Board of Supervisors in addition to any penalties
assessed.
[Amended 2-14-2024 by Ord. No. 2023-11]
(5)
Suspension of permit. Whenever the Administrator, or designee, determines
there are reasonable grounds for believing there is a violation of
any provision of this chapter, the Administrator, or designee, 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 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
by the Administrator, or designee, or apply to the County Board of
Adjustment for a variance from the strict rule of this chapter within
30 days of receipt of notice or order.
(6)
Emergency conditions. Whenever the 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 Land Use and Planning 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.
C.
The Planning and Parks Department may revoke any County permit, certificate
of compliance or approval issued under the regulations of this chapter
and may stop development for any of the following reasons:
(1)
Whenever there is a violation of any regulation of this chapter or
lawful orders or Wisconsin Statutes relating to the same subject matter.
(2)
Whenever the continuance of any development or use becomes dangerous
to life or property.
(3)
Whenever there is any violation of any condition or provision of
the application for County permit, or of the County permit.
(4)
Whenever any false statement or misrepresentation has been made in
the application for County permit, plans, drawings, data specifications,
or certified lot or plot plan on which the issuance of the County
permit or approval was based.
D.
A stop-work placard shall be posted upon the premises in question
by the Planning and Parks Department, and the owner of the premises
or agent shall be notified, in writing, within 10 days.
E.
After notice is served upon the persons and posted, it shall be unlawful
for any person to proceed thereafter with any development or use whatsoever
on the premises. Work may again proceed only after obtaining written
permission from the Planning and Parks Department.
F.
Uniform citation method adopted. Violations of this chapter may be enforced by the issuance of a citation pursuant to Chapter 172, Peace and Good Order, § 172-22, of the Code of Washington County and the imposition of forfeitures pursuant to Chapter 1, General Provisions, Article III, General Penalty, of the Code of Washington County.
