As more fully described in this division, the Plan Commission is authorized to designate certain existing accessory buildings as a "rural accessory building" in those zoning districts listed in Appendix A.[1] If a building is so designated, it is not counted towards the allowable number of accessory buildings permitted on a lot or towards the allowable building square footage permitted on a lot. This division describes the procedures and requirements for a rural accessory building determination.
[1]
Code Editor’s Note: Appendix A is included in Chapter 170A, Zoning Appendix.
The owner of the subject property may submit an application to designate an existing building as a rural accessory building.
The general steps outlined below shall be used in the review of an application for a rural accessory building determination.
A. 
Presubmittal meeting with staff. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposal.
B. 
Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
C. 
Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
D. 
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
E. 
Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.
F. 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.
G. 
Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.
H. 
Plan Commission recommendation. The Plan Commission makes a recommendation to i) approve the application, ii) approve the application with conditions, or iii) deny the application.
I. 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.
J. 
Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.
K. 
Decision. The Village Board makes a decision to i) approve the application, ii) approve the application with conditions, or iii) deny the application.
L. 
Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a decision document consistent with this division.
M. 
Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
N. 
Acceptance by property owner. If the application is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.
O. 
Recording of decision document. The decision document is recorded in the Washington County Register of Deeds office when approval is granted.
P. 
Public record copy. A copy of the decision document is retained as a public record.
A. 
In making its decision, the Plan Commission shall initially determine whether the building meets at least one of the following criteria:
(1) 
The building is set apart from other buildings as being distinct, due to its construction technique, construction materials, age, local historic significance, or design.
(2) 
The building is characteristic of past agricultural practices or rural life, whether presently utilized or not for agricultural practice.
(3) 
The building is associated with a person of historic significance or with important historical events.
(4) 
The building represents a notable work of a master builder, designer, or architect who influenced their age.
B. 
If the Plan Commission determines that the building meets one of the above criteria, it shall then consider the following factors in making its final decision:
(1) 
Effects of the building on the natural environment;
(2) 
Effects of the building on surrounding properties;
(3) 
The overall appearance of the building; and
(4) 
Any other factor that relates to the purposes of this chapter as set forth in § 170.05 or as allowed by state law.
C. 
No building shall be designated a rural accessory building if it is not structurally sound to meet minimum safety requirements for the proposed use, as determined by the Building Inspector, provided that such determination shall not relieve the property owner of any responsibility or liability as to the building and shall not form a basis of liability against the Building Inspector or any other governmental official or entity.
A. 
Generally. The Plan Commission may impose one or more conditions of approval as may be necessary to grant approval.
B. 
Effect on contracts with another party. The Plan Commission shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]
[1]
Editorial Note: See § 62.23(7)(gm), Wis. Stats. The Village, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.
The application submittal shall include an application form as may be used by the Village and a site plan prepared at a scale of one inch equals 20 feet or other appropriate scale depicting the information listed in Appendix F.[1]
[1]
Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.
A. 
Approval. If the application for a rural accessory building determination is approved, the decision document should include the following:
(1) 
A statement that the building expansion is approved;
(2) 
A description of the building or buildings;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
Conditions of approval, if any;
(5) 
A determination as to whether additional buildings are allowed and under what circumstances;
(6) 
A statement indicating that the property owner must sign the decision notice and return it to the Zoning Administrator to acknowledge any terms of the approval;
(7) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(8) 
A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;
(9) 
Other information the Plan Commission or Zoning Administrator deems appropriate;
(10) 
The signature of the Zoning Administrator on behalf of the Plan Commission; and
(11) 
The date of the decision.
B. 
Denial. If the application for a rural accessory building determination is denied, the decision document should include the following:
(1) 
A statement that the application is denied;
(2) 
A description of the building or buildings;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;
(5) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(6) 
Other information the Plan Commission or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the Plan Commission; and
(8) 
The date of the decision.
If the Plan Commission designates a building as a rural accessory building, the approval runs with the land and is binding on all subsequent property owners.
An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.