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. The County Land Use and Planning Committee shall not grant variances to the terms of the ordinance in place of action by the Board of Adjustment or amend the text or zoning maps in place of official action by the governing body.
(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, prepare reports, and report violations of this chapter to the Land Use and Planning Committee or County Attorney. Copies of the reports shall also be sent to the Department Regional office.
(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 lowest floor elevations, regional flood 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.
(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 and lot elevations, 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. Location and elevation of existing or future access roads.
(d)
Location of floodplain and floodway limits as determined from the official floodplain zoning maps.
(e)
If the application involves property adjacent to or within the floodplain, the elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study - either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD).
(f)
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.
(g)
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.
(h)
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 in NGVD or NAVD 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.
(i)
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 275-14D(4). This may include any of the information noted in § 275-15C. 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:
(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.
(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, this may include; permit application data listed in § 275-21C or § 275-21E; floodway/floodfringe determination data in § 275-17E; data listed in § 275-15C(1)(b) where the applicant has not submitted this information to the zoning administrator, and other data submitted with the application or submitted to the Board with the 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. For appeals of all denied permits the County Board of Adjustment shall follow the procedures § 275-21F; consider zoning agency recommendations; and either uphold the denial or grant the appeal.
(d)
For appeals concerning increases in regional flood elevation the County Board of Adjustment shall: Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of amendments referenced in § 275-22; and grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
(e)
The final disposition of an appeal or variance 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.
(f)
Hearing - Any party may appear in person or by agent. The County Board of Adjustment shall: resolve boundary disputes according to this chapter; decide variance applications according to the chapter; and decide appeals of permit denials according to this chapter.
(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.
(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, will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Variances shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of § 275-1.
(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 occurrences:
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. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date. Shoreland and wetland permits expire after 18 months. Shoreland and wetland permits may be extended in 12-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.
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]
K.
Federal floodplain approvals. Upon securing federal (FEMA) approval of a floodplain study, the County may, at its discretion, rely on said approvals and issue related County permits based on the same or similar regulations.