The purpose of this article is to establish responsibilities for administration of this chapter, procedural requirements for various development approvals under this chapter, and enforcement procedures and penalties for noncompliance with the provisions of this chapter.

(Ord. No. 7-14, § X.8.1, 1-28-2022)

(a)

Establishment. Under the direction of the planning and development department director, the zoning administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter.

(b)

Duties and responsibilities. The general duty of the zoning administrator is to interpret and administer this chapter, as well as certain other county zoning related regulations as indicated within this Code. With respect to this chapter, the zoning administrator shall have the following specific duties and responsibilities:

(1)

Conduct on-site inspections of buildings, structures, waters, and land to determine compliance with all provisions of this chapter.

(2)

Be permitted access to premises and structures between 8:00 a.m. and 6:00 p.m., or such other time agreed to by all parties involved, to make inspections to ensure compliance with this chapter. If refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with state law.

(3)

Maintain permanent and current records of and associated with this chapter, including, but not limited to, all maps, amendments, conditional use permits, land use permits, site plans, variances, appeals, inspections, interpretations, applications, and other official actions.

(4)

Advise applicants for development approvals regarding the provisions of this chapter and assist applicants, to the extent practical, in preparing required permit applications.

(5)

Except where otherwise required by state law, receive, file and forward all applications for all procedures governed by this chapter to the designated official review and approval bodies, along with all appropriate technical information or reports to assist such bodies in making their decisions, except as otherwise designated in this section.

(6)

Provide staff support to the planning, development, and zoning committee and the county board of adjustment, including the scheduling of public hearings and other meetings and site visits and the recording of the actions, recommendations, and minutes of such bodies.

(7)

Issue land use permits, and review and approve required plans prior to the issuance of land use permits, ensuring compliance with this and other applicable regulations and any additional requirements of designated official review and approval bodies for associated rezoning, conditional use permit, or variance requests.

(8)

Make interpretations regarding the provisions of this chapter in a manner that is consistent with the purpose of this chapter, the applicable sections, and the comprehensive plan. An interpretation may be requested by the owners of a property, the planning, development, and zoning committee, or the county board. All interpretations are subject to appeal to the county board of adjustment per the procedures in section 40-228(b).

(9)

Investigate all complaints made relating to the location and use of structures, lands, and waters and fulfill enforcement functions prescribed under section 40-235.

(c)

Delegation. At his or her discretion, the zoning administrator may delegate any or all of these duties to one or more of the land use enforcement coordinators located within the zoning division.

(Ord. No. 7-14, § X.8.2, 1-28-2022)

(a)

Establishment. The planning, development, and zoning committee, as established under Wis. Stats. § 59.69 and this chapter, is the county committee with primary policy responsibility over this chapter.

(b)

Duties and responsibilities. In addition to the duties and responsibilities specified under state law, the planning, development, and zoning committee shall have the following specific duties and responsibilities pertaining to this chapter:

(1)

Advise the county board on appropriate amendments to the text of this chapter or to the official zoning map, and initiate such amendments as it may deem desirable, all in a manner that is consistent with the comprehensive plan and that follows procedures established under Wis. Stats. § 59.69 and sections 40-229 and 40-230.

(2)

Review and decide on requests for conditional use permits in a manner that is consistent with the comprehensive plan and that follows the procedures in section 40-231.

(3)

Advise the zoning administrator on enforcement of the provisions of this chapter and on other matters as requested by the zoning administrator or planning and development director.

(4)

Recommend fees for various permits and approvals required and allowed under this chapter.

(5)

Make interpretations regarding the permissibility of a particular land use in a particular zoning district, where such land use is not explicitly listed as either a permitted by right or conditional use in that district, based on the similarity of such unlisted use to another use that is listed as either a permitted by right or conditional use in that district, subject to any federal, state, or county regulations that affect whether an unlisted use may be allowed, including, but not limited to, Wis. Stats. ch. 91 and Wis. Admin. Code ch. ATCP 49.

(c)

Recording of actions. All actions and recommendations of the planning, development, and zoning committee shall be in writing. A recording thereof in the committee's minutes may constitute the required written action or recommendation.

(Ord. No. 7-14, § X.8.3, 1-28-2022)

(a)

Establishment. A board of adjustment is hereby established under the provisions of Wis. Stats. § 59.694, including, but not limited to, the appointment procedures and operational characteristics for such a board. The board of adjustment shall consist of five members and two alternates. The members of the county board of adjustment shall all reside within the county and outside the limits of incorporated cities and villages. No two members shall reside in the same town. The board of adjustment shall appoint a chair and other officers.

(b)

Duties and responsibilities. The board of adjustment shall have the following specific duties and responsibilities pertaining to this chapter in addition to certain other duties and responsibilities under this Code:

(1)

Hear and decide appeals where it is alleged that there is an error in any interpretation, order, requirement, decision, or determination made by the zoning administrator or other staff member of the planning and development department in the enforcement, administration, or interpretation of this chapter.

(2)

Hear and decide appeals where it is alleged that there is an error in any decision of the planning, development, and zoning committee related to a conditional use permit request, with such review limited to determining whether the committee's action considered the appropriate standards and met the requirements of this chapter, as opposed to the county board of adjustment conducting a de novo review.

(3)

Authorize such variances from the terms of this chapter as specified in section 40-233.

(4)

Attach conditions of approval to any action described under this subsection (b), in furtherance of the general purpose and intent of this chapter.

(c)

Recordings of actions.

(1)

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the zoning administrator, and shall be a public record.

(2)

The final disposition of an appeal or variance application to the county board of adjustment shall be in a form of a written decision signed by both the chair and secretary of the county board of supervisors. Such decision shall state the specific facts that are the basis for the county board of adjustment's decision; shall either affirm, reverse, or modify any order, requirement, interpretation, or any determination of the zoning administrator or, in the case of an appealed decision on a conditional use permit, the planning, development, and zoning committee; shall specify any required conditions of approval; and shall specify the extent of any appeal or variance granted.

(3)

The zoning administrator shall, within ten days of any decision of the county board of adjustment, transmit a signed copy of the written decision of the county board of adjustment to the applicant and the authorized designee of the town in which any subject parcels associated with the action lay.

(d)

Rules.

(1)

The board of adjustment will meet as needed at a fixed time and place as may be determined by the chair and at such other times as the county board of adjustment may determine.

(2)

All meetings of the county board of adjustment shall be open to the public, but such board may go into closed session pursuant to state law.

(3)

Any public hearing held by the county board of adjustment shall be held in a convenient public location, and a full description of the location of such place of hearing by name, address or other commonly known means of identification shall be included in the notice given of such hearing. No undue hardship shall be created for any applicant by reason of the location of such hearing.

(4)

Each notice of public hearing held by the county board of adjustment shall specify the date, time and place of hearing and the matters to come before the county board of adjustment at such hearing, and such notice shall be given by publication as per requirements of Wis. Stats. § 985.05, not less than ten days prior to the date of such hearing and by mail to the parties having a legal interest in any of the matters to come before the county board of adjustment at such hearing.

(5)

The board of adjustment shall have power to call on any county departments for assistance in the performance of its duties and it shall be the duty of such other departments to render all such assistance as may be reasonably required.

(6)

The board of adjustment may adopt such additional rules as are necessary to carry into effect the regulations of the county board.

(Ord. No. 7-14, § X.8.4, 1-28-2022)

(a)

Applicability. This section shall apply to all appeals of decisions in this chapter, except as otherwise required under state law and rules.

(b)

Appeals of zoning administrator decisions.

(1)

Proceedings for an appeal of the zoning administrator's decision may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the county affected by the zoning administrator's decision.

(2)

Such appeal shall be taken within 30 days after receiving notice of the decision appealed from, by filing with the zoning administrator a notice of appeal specifying the grounds thereof.

(3)

The number of required copies of the application materials for an appeal shall be as determined by the zoning administrator. To be determined complete by the zoning administrator, the application shall include:

a.

A completed notice of appeal form, provided by the zoning administrator, including basic information applicable to the owner.

b.

If applicable, a legal description of the subject parcel by lot, block, and recorded subdivision or certified survey map, or by metes and bounds.

c.

If applicable, a scaled map accurately and legibly showing all lands for which the appeal is sought, and all other lands both adjacent to and across a public street from such lands.

d.

Written narrative describing the decision for which they are requesting an appeal.

e.

Other pertinent information as requested by the zoning administrator.

f.

The required review fee.

(4)

The zoning administrator shall forthwith transmit to the county board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(5)

The zoning administrator shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.

(6)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the county board of adjustment after notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order by a court of record on application and notice to the zoning administrator and on due cause shown.

(c)

Appeals of planning, development, and zoning committee decisions on conditional use permits.

(1)

Proceedings for an appeal of the planning, development, and zoning committee's decision may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the county affected by the committee's decision.

(2)

An appeal must be made not more than 30 days from the date of the decision.

(3)

The appeal shall be heard by the circuit court under the procedures contained in Wis. Stats. § 59.694(10).

(d)

Appeals of board of adjustment decisions. Any persons or entities aggrieved by any decision of the county board of adjustment may within 30 days of the decision commence an action seeking a remedy by certiorari pursuant to Wis. Stats. § 59.694(10). The applicant must prepare and file the appropriate documents as required by the state statutes within the county circuit court and serve a copy of the documents on the appropriate parties as further required by state law. The aggrieved person or entity is hereby notified that it is their responsibility to read and review and comply with the applicable statutes and laws concerning commencing an action to review a decision of the county board of adjustment. Nothing in this article or Code affects the aggrieved person's or entity's obligation to comply with the requirements of the state statutes and laws concerning the proper commencement of an action against the county board of adjustment. An aggrieved person or entity is encouraged to seek the assistance of legal counsel when deciding if and how to commence an action for review of a decision of the county board of adjustment. The county assumes no liability for and makes no warranty as to reliance on this decision if construction is commenced prior to expiration of this 30-day period. Such construction shall be at the risk of the owner/constructor.

(Ord. No. 7-14, § X.8.5, 1-28-2022)

(a)

Purpose. The purpose of this section is to provide procedures for the review of proposed amendments to the provisions of this chapter, also referred to as text amendments, but not including amendments to the official zoning map (rezones). The county board may from time to time amend, remove, or add to such provisions in the manner provided by Wis. Stats. § 59.69. Changes to the appendices to the ordinance from which this chapter is derived need not follow the amendment procedures in this subsection.

(b)

Application for text amendment. Amendments to one or more provisions of this chapter shall be initiated by the filing of an application on a form provided by the zoning administrator. The number of required copies of the application materials shall be as determined by the zoning administrator. Such application may be filed by any property owner affected by the provision of this chapter, the town board of any town in which the provision is in effect by resolution, any member of the county board, or the planning, development, and zoning committee as a whole by resolution. To be determined complete by the zoning administrator, the application shall include:

(1)

The current provisions of this chapter proposed to be amended or deleted.

(2)

The text proposed to be created or proposed to replace the current provisions of this chapter. The applicant must consult with the zoning administrator in advance of preparing such text to ensure that it is in proper format and the intent is clear.

(3)

Written justification for the proposed amendment, consisting of the reasons why the amendment is in harmony with the purposes of this chapter, the section in which the amendment is proposed, and the comprehensive plan.

(4)

The required review fee.

(c)

Required review process. The county's process for each amendment to the provisions of this chapter (text amendment) is as directed by Wis. Stats. § 59.69 and as follows:

(1)

Step 1—Pre-application meeting. The potential applicant shall arrange a pre-application meeting with county planning and development department professional staff. Such pre-application meeting shall be an in-person meeting, normally held at the county courthouse, unless otherwise approved by county staff. At the pre-application meeting, department professional staff and the potential applicant shall together complete a pre-application checklist, with such checklist including:

a.

The current provisions of this chapter proposed to be amended or deleted.

b.

The text proposed to replace the current provisions of this chapter. The applicant must consult with the zoning administrator in advance of preparing such text to ensure that it is in proper format and the intent is clear.

c.

Written justification for the proposed amendment, consisting of the reasons why the amendment is in harmony with the purposes of this chapter, the section in which the amendment is proposed, and the comprehensive plan.

d.

The required review fees.

(2)

Step 2—Application. Following completion of the above steps, an application for a text amendment may be filed with the zoning administrator, including all of the information in subsection (b) of this section for it to be considered a complete application and to enable progress on the following steps in the process to begin.

(3)

Step 3—Notice and analysis. Upon receipt of a complete application the zoning administrator shall direct the scheduling and notice of a planning, development, and zoning committee public hearing, per state law. Before the hearing, the planning and development department staff shall prepare a written analysis of the application against relevant plans, regulations, criteria, and sound planning and zoning principles. As soon as practical following receipt of a complete application, but in no case fewer than ten days prior to the date of the public hearing, the zoning administrator shall mail to the chair (by U.S. regular mail), plan commission chair (by U.S. regular mail), and clerk (by U.S. certified mail) of the affected towns a copy of all submitted application materials, notice of the hearing, the date by which town action is requested, and a model resolution the town may use to signify town board action and findings of fact regarding the application. Such information may be mailed through a single mailing or through separate mailings. If the application would affect an airport affected area under Wis. Stats. § 62.23(6)(am), the zoning administrator shall also provide notice to the owner or operator of that airport. The zoning administrator shall also provide the information assembled during this and previous steps to the planning, development, and zoning committee in advance of the public hearing.

(4)

Step 4—Formal town board action (optional). If the affected town chooses, it may file a certified copy of a resolution adopted by the town board indicating its recommendation for approval or disapproval of the proposed text amendment. The resolution shall be filed either before the planning, development, and zoning committee public hearing or within 30 days following such public hearing.

(5)

Step 5—Committee public hearing and recommendation. Per state law, the planning, development, and zoning committee shall conduct a public hearing to hear testimony on the text amendment application at a date, time, and location specified in the public hearing notice prepared under Step 3. In the event that the scope, range of uses, or geographic area of the request is substantially increased from that noticed or presented at the public hearing, the committee shall cause to be noticed and conduct an additional public hearing before taking action on the request. As soon as possible following the public hearing and the passage of the allowable timeframe for town action in state law, the committee shall recommend whether the county board should approve, approve with further modification from the original application, or deny the proposed text amendment requested through the application. Any recommendations for denial shall be accompanied by reasons based on the criteria for amending zoning text included in subsection (d) of this section. A text amendment application may be dismissed by the planning, development, and zoning committee, upon notice to the applicant, if one year has passed since the filing of the application or the last scheduled public hearing on the application, whichever is later. Dismissal during this step shall not limit the ability of the applicant to file a new application.

(6)

Step 6—County board action. Following the recommendation of the planning, development, and zoning committee, the county board shall act to enact by ordinance, including modifications from the original application, deny the proposed text amendment requested by the application, or refer the amendment back to the committee for further consideration. If the county board approves the text amendment application as requested though the original application (without further modifications), and the application was not disapproved by a majority of affected town board within the required timeframe described under Step 4 and as specified by state law, it shall become effective upon county board passage of the associated ordinance.

(7)

Step 7—Possible second town board action. If the county board enacts by ordinance the text amendment including modifications from the original application, or enacts by ordinance the original text amendment application where a majority of the affected towns filed resolutions indicating disapproval of the original text amendment application, the zoning administrator shall submit the ordinance to the clerks of the affected towns (or the town chair if that particular town has designated the chair as the receiving party) by certified U.S. mail within seven days of county board enactment, along with an explanation of the town's role during this step and another copy of a resolution to signify town board action and findings of fact on the request. If the town board wishes to disapprove of the text amendment as enacted by the county board, it shall enact a resolution to that effect and file a certified copy of such resolution with the county clerk within 40 days of the date of county board enactment. The text amendment, as enacted by the county board, shall become effective only if and when, after the passage of the 40-day period, the county clerk has not received resolutions from a majority of affected town boards indicating disapproval.

(8)

Step 8—Notice of action. Following the effective date of enactment or denial of an ordinance to amend zoning text, the zoning administrator shall provide notice to town and county officials and to the applicant and shall record such action per state law.

(d)

Text amendment review criteria. In its review and action on the application, the county planning, development, and zoning committee shall make findings with respect to the following criteria:

(1)

The proposed text amendment is consistent with the overall purpose and intent of this chapter.

(2)

The proposed text amendment is consistent with the comprehensive plan.

(3)

Factors have changed from the time of initial adoption that warrant the text change, or there is an error, inconsistency, or technical problem identified in this chapter as currently written.

(4)

If affecting the FP zoning district, meets all relevant requirements of Wis. Stats. § 91.38(1).

(e)

Effect of denial. No application that has not been enacted under this section shall be resubmitted for a period of 365 days from the date of final county board action, except on grounds of new evidence or proof of change of factors found valid by the planning, development, and zoning committee.

(Ord. No. 7-14, § X.8.6, 1-28-2022)

(a)

Purpose. The purpose of this section is to provide the procedure and standards for the review of proposed amendments to the official zoning map (also referred to as "rezones"). The county board may from time to time amend the official zoning map in the manner provided by Wis. Stats. § 59.69.

(b)

Application for rezoning. Amendments to the official zoning map shall be initiated by the filing of a complete application. The number of required copies of the application materials shall be as determined by the zoning administrator. Such application may be filed by any property owner in the area affected by the proposed amendment; the town board of the town in which the map amendment is proposed by resolution; any member of the county board; the planning, development, and zoning committee as a whole. The application shall include the following:

(1)

A completed county application form for rezoning, including a written justification of the proposed rezoning against the criteria listed in subsection (d) of this section.

(2)

A completed pre-application checklist, including the information described under subsection (c)(1) of this section.

(3)

A signed town action form, as described in subsection (c)(2) of this section.

(4)

A legal description of the subject parcel by lot, block, and recorded subdivision or certified survey map, or by metes and bounds. (Many approved rezoning applications will require a certified survey map defining the lots being rezoned to become effective.)

(5)

A scaled map legibly showing all lands for which the rezoning is proposed, and all other lands both adjacent to and across a public street from such lands.

(6)

The name, address, and signature of all owners.

(7)

The current zoning district and the proposed zoning district.

(8)

A clear visual or textual representation of how the area would be developed if the land is rezoned as requested, such as a site plan or a narrative description, and a description of how all applicable performance standards in this chapter will be met.

(9)

The required review fee.

(10)

If the application is requesting the rezoning of land to the PUD planned unit development district as described in section 40-97(e), the additional information required for a general development plan submittal associated with PUD zoning is as follows. Such application materials, if approved, shall be binding on the applicant related to the detailed planning and future development of the PUD zoned site.

a.

A project description of the proposed PUD project including: general project themes and images such as photo renderings or photo examples of similar buildings/developments; the mix of dwelling unit types or land uses that will be allowed within the PUD; approximate residential densities or nonresidential intensities as described by dwelling units per acre, maximum building coverage, maximum building height, and minimum landscaped areas; the general treatment of natural features; and the general relationship to nearby properties and public streets.

b.

A statement of rationale as to why PUD zoning is proposed, in order to provide the county with information necessary to determine the relative merits of the project (private benefit versus public benefit), and to understand what potential adverse impacts may be created by design flexibility and how these impacts would be mitigated, including: a description of all normal land use, dimensional, landscaping, and parking requirements applicable within the standard zoning district which applies to the area for which the applicant is requesting exemption or modification and the locations in which they apply; a description of why the applicant considers these normal requirements to be barriers to the proposed development; a description of the opportunities for community betterment available through the proposed PUD zoning; and a description of how the proposed PUD zoning is consistent with and advances the goals of the county's and affected town's comprehensive plans.

c.

Preliminary copies of the plan sheets that are required under section 40-232(d)(8).

(c)

Required review process. the county's process for each amendment to the official zoning map (rezoning) is as directed by Wis. Stats. § 59.69 and as follows. A flowchart summarizing the rezoning process is also included in section 40-798, and the process that follows shall control in the event of any difference or where the flowchart lacks detailed information.

(1)

Step 1—Pre-application meeting. The potential applicant shall arrange a pre-application meeting with county planning and development department professional staff. Such pre-application meeting shall be an in-person meeting, normally held at the county courthouse, unless otherwise approved by county staff. At the pre-application meeting, department professional staff and the potential applicant shall together complete a pre-application checklist, with such checklist including:

a.

The proposed parcel numbers under consideration for rezoning.

b.

The current zoning of the subject parcels.

c.

Potential zoning district options that could be utilized to facilitate the potential applicant's intent for the subject parcels.

d.

The future land use designation for the subject parcels per the county comprehensive plan, the relationship of that designation to the zoning district options being considered, and identification of any comprehensive plan amendments that would be required in advance of the rezoning.

e.

An opportunity to review and attach an air photo or sketch map of the subject parcels or the development proposal.

f.

Confirmation that both parties reviewed and understood the required rezoning review process and the requirements for a complete rezoning application.

g.

Review of any known opportunities and limitations associated with the subject parcels that may affect an eventual rezoning request.

(2)

Step 2—Initial action by town. Following the pre-application meeting, the county will forward the completed pre-application checklist to the clerk of the affected town (or the town chair if that particular town has designated the chair as the receiving party), along with a town action form. Prior to submitting a formal application for rezoning to the county, the potential applicant shall, within one month of the pre-application meeting, attempt to arrange a consultation with representatives of the affected town. The consultation process may vary from town to town and may involve the town plan commission or town board. The town shall have 60 days from the date the pre-application materials and town action form were forwarded by the county to provide the county with a recommendation regarding the potential application. After 60 days, if the affected town board has not taken action, and provided the applicant has attempted to meet with representatives of the town, the potential applicant shall be permitted to submit a formal rezoning application to the county.

(3)

Step 3—Application. Following completion of the above steps, an application for rezoning may be filed with the zoning administrator, including all of the information in subsection (c)(1) of this section for it to be considered a complete application and to enable progress on the following steps in the process to begin. The county clerk shall immediately forward such application to the zoning administrator.

(4)

Step 4—Notice and analysis. Upon receipt of a complete application, the zoning administrator shall direct the scheduling and notice of a planning, development, and zoning committee public hearing, per state law. Before the hearing, the planning and development department staff shall prepare a written analysis of the application against relevant plans, regulations, criteria and sound planning and zoning principles. As soon as practical following receipt of a complete application, but in no case fewer than ten days prior to the date of the public hearing, the zoning administrator shall mail to the chair (by U.S. regular mail), plan commission chair (by U.S. regular mail), and clerk (by U.S. certified mail) of the affected town a copy of all submitted application materials, notice of the hearing, and the date by which any additional town action is requested. Such information may be mailed through a single mailing or through separate mailings. If the application would affect an airport affected area under Wis. Stats. § 62.23(6)(am), the zoning administrator shall also provide notice to the owner or operator of that airport. The zoning administrator shall also provide the information assembled during this and previous steps to the county board supervisor representing the area and to the planning, development, and zoning committee in advance of the public hearing.

(5)

Step 5—Formal town board action (optional). If the affected town chooses, it may file a certified copy of a resolution adopted by the town board indicating its approval or disapproval of the proposed rezoning at this step as well. The town's decision shall be based on the town's adopted comprehensive plan. The resolution shall be filed either before the planning, development, and zoning committee public hearing or within 30 days following such public hearing.

(6)

Step 6—Committee public hearing and recommendation. Per state law, the planning, development, and zoning committee shall conduct a public hearing to hear testimony on the rezoning application at a date, time, and location specified in the public hearing notice prepared under Step 4. In the event that the scope, range of uses, or geographic area of the request is substantially increased from that noticed or presented at the public hearing, the committee shall cause to be noticed and conduct an additional public hearing before taking action on the request. As soon as possible following the public hearing and the passage of the allowable timeframe for town action in state law, the committee shall recommend whether the county board should approve, approve with further modification from the original application, or deny the proposed rezoning requested through the application. All recommendations shall be accompanied by reasons based on the criteria for rezoning land included in subsection (d) of this section. If the affected town files a certified copy of a resolution indicating its disapproval of the proposed amendment, the planning, development, and zoning committee may not recommend approval of the application without change, but may recommend approval with change, or may recommend denial. A rezoning application may be dismissed by the planning, development, and zoning committee, upon notice to the applicant, if one year has passed since the filing of the application or the last scheduled public hearing on the application, whichever is later. Dismissal during this step shall not limit the ability of the applicant to file a new application.

(7)

Step 7—County board action. Following the recommendation of the planning, development, and zoning committee, the county board shall act to enact by ordinance, including modifications from the original application, deny the proposed rezoning requested by the application, or refer the amendment back to the committee for further consideration. All actions shall be accompanied by reasons based on the criteria for rezoning land included in subsection (d) of this section. If the county board approves the rezoning as requested though the original application (without further modifications), and the application was not disapproved by the affected town board within the required timeframe described under Step 5, it shall become effective upon county board passage of the associated ordinance.

(8)

Step 8—Possible final town board action. If the county board enacts by ordinance the rezoning including modifications from the original application, or enacts by ordinance the original rezoning application where the affected town filed a resolution indicating disapproval of the original rezoning application, the county clerk, in consultation with the zoning administrator, shall submit the ordinance to the clerk of the affected town (or the town chair if that particular town has designated the chair as the receiving party) by certified U.S. mail within seven days of county board enactment, along with an explanation of the town's role during this step and another copy of a resolution to signify town board action and findings of fact on the request. If the town board wishes to disapprove of the rezoning as enacted by the county board, it shall enact a resolution to that effect and file a certified copy of such resolution with the county clerk within 40 days of the date of county board enactment. The rezoning, as enacted by the county board, shall become effective only if and when one of the following occurs:

a.

After the passage of the 40-day period, the county clerk has not received a town board resolution indicating disapproval; or

b.

Before the end of the 40-day period the county clerk receives a resolution from the affected town board indicating approval of the rezoning as enacted by the county board.

(9)

Step 9—Notice of action. Following the effective date of enactment or denial of an ordinance rezoning land, the county clerk shall provide notice to town and county officials and to the applicant and shall record such action per state law.

(d)

Rezoning review criteria. In its review and action of the rezoning application, the planning, development, and zoning committee shall make findings with respect to the following criteria:

(1)

The proposed rezoning is consistent with the overall purpose and intent of this chapter.

(2)

The proposed rezoning is consistent with the county comprehensive plan. (It is the responsibility of the affected town to determine consistency with any town comprehensive plan.)

(3)

Reserved.

(4)

For applications to rezone land to a commercial or industrial zoning district, adequate public infrastructure is or will be available to accommodate the range of commercial or industrial uses that would be allowed in that zoning district.

(5)

For applications to rezone land to the PUD planned unit development zoning district, the proposed project shall produce significant benefits in terms of environmental design, and significant alternative approaches to addressing development performance, which relate to and more than compensate for any requested waiver or modification of any normal standard of this chapter.

(e)

Additional criteria for rezoning of land out of the FP farmland and forest preservation district. Under Wis. Stats. § 91.48, land that is zoned FP farmland and forest preservation may be rezoned to a non-certified county zoning district if all of the following additional criteria are met:

(1)

The land is better suited for a use not allowed in the FP district.

(2)

The rezoning is consistent with the county comprehensive plan, including its farmland preservation plan component, and the applicable town comprehensive plan.

(3)

The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

(4)

For applications to rezone land away from the FP district, the proposal shall be consistent with the associated residential density provisions of section 40-234.

(f)

Additional criteria for rezoning land out of the FP district in limited towns.

(1)

If the proposed rezoning is for residential use and the board of the associated town has adopted restrictions to the following effect, as indicated by Table 40-6 (Maple Grove) via its resolution adopting FP zoning, the residence must be for either the owner or operator of the farm who earns substantial income from the farm as defined below, or for a parent or child of the owner of the farm limited as follows:

a.

Parent or child must reside within proposed residence upon its completion.

b.

Residence must be located within 300 feet of a public road.

c.

The household of such parent or child has, within at least one of the two most recent tax years, earned "substantial income" from the farm, as defined below.

d.

Shall minimize the amount of farmland removed from production and minimize interference with agricultural uses.

e.

No more than two residences for parents or children per farm.

(2)

The term "substantial income" means that greater than 50 percent of the household's total adjusted gross income (as determined by IRS Form 1040) is gross farm income (as determined by IRS Schedule F) from the farm operation. Income compliance is subject to verification by the zoning administrator prior to the associated rezoning taking effect.

(g)

Reporting on rezones out of the FP district. Per Wis. Stats. § 91.48(2), the zoning administrator shall, by March 1 of each year, provide to the department of agriculture, trade and consumer protection a report of the number of acres that the county has rezoned out of the FP zoning district the previous year and a map that clearly shows the location of those areas.

(h)

Effect of denial. No application that has not been enacted under this section shall be resubmitted for a period of 12 months from the date of final county board action, except on grounds of new evidence or proof of change of factors found valid by the planning, development, and zoning committee.

(Ord. No. 7-14, § X.8.7, 1-28-2022; Ord. No. 4-24, 5-22-2024)

(a)

Purpose. The purpose of this section is to provide the procedure and standards for the review of conditional use permit requests, and amendments to grandfathered conditional uses and conditional use permits previously granted. All uses existing at the time of adoption of this chapter that now require a conditional use permit as of the effective date of the ordinance from which this article is derived may continue in current configuration and operational characteristics without a conditional use permit. However, any enlargement, structural alteration, modification or addition or intensification of such a use shall require a conditional use permit under this chapter.

(b)

Application for conditional use. Requests for approval or required amendment of a conditional use permit shall be initiated by the filing of an application on a form provided by the zoning administrator. The number of required copies of the application materials shall be as determined by the zoning administrator. Such application shall be filed by the owner of the property on which the conditional use permit is requested. To be determined complete by the zoning administrator, the application shall include:

(1)

A completed county application form for conditional use permit, including a written justification of the proposed conditional use permit request against the criteria listed in subsection (d) of this section.

(2)

A completed pre-application checklist, including the information described under subsection (c)(1) of this section.

(3)

A legal description of the subject parcel by lot, block, and recorded subdivision or certified survey map, or by metes and bounds.

(4)

A scaled map legibly showing all lands for which the conditional use permit is sought, and all other lands both adjacent to and across a public street from such lands.

(5)

If the application is for site or building development involving any new or expanded multiple-family dwelling or nonresidential use (not including agricultural uses), preliminary copies of the plan sheets that are required under section 40-232(d)(8).

(6)

A traffic impact analysis, if requested by the planning, development, and zoning committee in consultation with the county highway department, to ensure there is sufficient road capacity to serve the proposed use and to mitigate any off-site impacts on roads. The traffic impact analysis shall be completed in accordance with the most current revision of the traffic impact analysis guidelines published by the state department of transportation, except if another standard is approved by the zoning administrator in consultation with the county highway department.

(7)

Other pertinent information as requested by the zoning administrator to determine if the proposed use meets the requirements of this chapter.

(8)

The required review fee.

(c)

Required review process. The county's process for each conditional use permit request is as follows. A flowchart summarizing the conditional use permit process is also included in section 40-798, and the process that follows shall control in the event of any difference or where the flowchart lacks detailed information.

(1)

Step 1—Pre-application meeting. The potential applicant shall arrange a pre-application meeting with department professional staff. Such pre-application meeting shall be an in-person meeting, normally held at the county courthouse, unless otherwise approved by county staff. At the pre-application meeting, the department professional staff and the potential applicant shall together complete a pre-application checklist, with such checklist including:

a.

The proposed parcel numbers under consideration for conditional use permit.

b.

The existing zoning of the subject parcels, and the use category that the desired land use falls under, per article IX of this chapter.

c.

The future land use designation for the subject parcels per the county comprehensive plan, the relationship of that designation to the conditional use being considered, and identification of any comprehensive plan amendments that would be required in advance of the conditional use permit.

d.

An opportunity to review and attach an air photo or sketch map of the subject parcels or the development proposal.

e.

Confirmation that both parties reviewed and understood the required conditional use permit review process and the requirements for a complete conditional use permit application.

f.

Review of any known opportunities and limitations associated with the subject parcels that may affect an eventual conditional use permit request.

(2)

Step 2—Initial recommendation from town. Following the pre-application meeting, the county will forward the completed pre-application checklist to the clerk of the affected town (or the town chair if that particular town has designated the chair as the receiving party), along with a town action form. Prior to submitting a formal application for a conditional use permit to the county, the potential applicant shall, within one month of the pre-application meeting, attempt to arrange a consultation with representatives of the affected town. The consultation process may vary from town to town, and may involve the town plan commission or town board. The town shall have 60 days from the date the pre-application materials and town action form were forwarded by the county to provide the county with a recommendation regarding the potential application. After 60 days, if the affected town has not provided a recommendation to the county regarding the potential application, and provided the applicant has attempted to meet or has met with representatives of the town, the potential applicant shall be permitted to submit a formal conditional use permit application to the county.

(3)

Step 3—Application. Following completion of the above steps, an application for a conditional use permit may be filed with the zoning administrator, including all of the information in subsection (c)(1) of this section for it to be considered a complete application and to enable progress on the following steps in the process to begin.

(4)

Step 4—Notice and analysis. Upon receipt of a complete application, the zoning administrator shall direct the scheduling and notice of a planning, development, and zoning committee public hearing, per state law. Before the hearing, the planning and development department staff shall prepare a written analysis of the application against relevant plans, regulations, criteria, and sound planning and zoning principles. As soon as practical following receipt of a complete application, but in no case fewer than ten days prior to the date of the public hearing, the zoning administrator shall mail to the chair (by U.S. regular mail), plan commission chair (by U.S. regular mail), and clerk (by U.S. certified mail) of the affected town a copy of all submitted application materials, notice of the hearing, and a model resolution the town may use to signify town board action and findings of fact regarding the application. Such information may be mailed through a single mailing or through separate mailings.

(5)

Step 5—Formal town board recommendation (optional). If the affected town chooses to provide a further recommendation on the conditional use permit request, such town shall file a copy of a resolution adopted by the town board with the zoning administrator. Any adopted town board resolution shall include findings of fact which shall, at a minimum, address whether the proposed conditional use permit is consistent with the adopted town comprehensive plan and ordinances and with the review criteria for consideration of conditional use permits included in subsection (d) of this section. Failure of the town board to communicate its recommendation either at the committee public hearing or earlier shall be taken as an approval by the planning, development, and zoning committee.

(6)

Step 6—Committee public hearing and recommendation. The planning, development, and zoning committee shall conduct a public hearing to hear testimony on the conditional use permit application at a date, time, and location specified in the public hearing notice prepared under Step 4. In the event that the scope, range of uses, or geographic area of the request is substantially increased from that noticed or presented at the public hearing, the committee shall cause to be noticed and conduct an additional public hearing before taking action on the request. As soon as possible following the final public hearing (see Step 5), the committee shall approve, approve with modification from the original application or with conditions, or deny the proposed conditional use permit requested through the application. All actions shall be accompanied by reasons based on the criteria for consideration of a conditional use permit included in subsection (d) of this section. A conditional use permit application may be dismissed by the planning, development, and zoning committee, upon notice to the applicant, if one year has passed since the filing of the application or the last scheduled public hearing on the application, whichever is later. Dismissal during this step shall not limit the ability of the applicant to file a new application.

(7)

Step 7—Notice of action. Within ten days of final planning, development, and zoning committee action on the conditional use permit request, the zoning administrator shall provide written notice of committee action, including any required conditions of approval, to both the applicant and the affected town. Approval of a conditional use permit does not eliminate the requirement to obtain the appropriate building and land use permits.

(d)

Conditional use permit review criteria. In its review and action on each conditional use permit application, the planning, development, and zoning committee shall find that all the following standards are or will be met and include such findings in writing as the basis for approval:

(1)

The proposed conditional use will be designed, constructed, operated, and maintained so as to be compatible, and be appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area such that the use will substantially impair or diminish the use, value, or enjoyment of existing or future permitted uses in the area.

(2)

The proposed conditional use will be consistent with all relevant aspects of the comprehensive plan.

(3)

The proposed conditional use will not substantially increase the erosion potential of the site; negatively affect wetlands, floodplains, or water bodies; or otherwise compromise surface or group water quality, based on topography, drainage, slope, soil type, vegetative cover, means of waste disposal, and other relevant factors.

(4)

The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies.

(5)

The proposed conditional use is in a location where access to streets and highways is suitable, and ingress and egress is designed to minimize traffic congestion and the potential effect on traffic flow.

(6)

The conditional use will meet all applicable standards of this chapter, particularly any performance standard in article IX of this chapter that is applicable to the particular conditional use being sought.

(e)

Application, recording, and adherence to conditions. The planning, development, and zoning committee shall have the authority to attach such conditions and restrictions upon the establishment, location, maintenance and operation of the conditional use as it deems necessary to ensure the conditional use adheres to the purpose and review criteria of this section and to this chapter as a whole. If applicable and prior to commencing the authorized activity on the site or obtaining a land use permit, the zoning administrator may require the property owner to record notice against the property of the approved use, applicable plans, and conditions of approval with the county register of deeds.

(f)

Time limits associated with conditional uses. If the conditional use permit is not initiated by securing a land use permit or, if more than one permit is necessary, securing at least one land use permit, within 12 months of the date of the approval, the conditional use permit approval shall be considered void. The applicant may apply for, and the planning, development, and zoning committee may grant, a one-time 12-month extension, provided that a written request for extension is submitted before the original expiration date. If a use or activity associated with a previously approved conditional use permit ceases for 12 months or more after first being established on the property, the property owner or authorized agent must reapply and obtain approval of another conditional use permit before recommencing the use or activity. Each valid conditional use permit shall run in perpetuity with the underlying land, and not with the particular property or business owner who originally obtains the conditional use permit, except in one or both of the following circumstances:

(1)

Where otherwise specified in this article for a particular conditional use.

(2)

By specific condition of conditional use permit approval.

(g)

Amendments to conditional uses. Any expansion, structural change, or substantial alteration to a grandfathered conditional use shall require a new conditional use permit following the procedures and requirements of this section. Any substantial change to the nature or intensity of a use for which a conditional use permit was previously granted, or to a previously approved plan or required condition of approval, shall require a new or amended conditional use permit following the procedures and requirements of this section.

(h)

Effect of denial. No application that has not been enacted under this section shall be resubmitted for a period of 12 months from the date of final planning, development, and zoning committee action, except on grounds of new evidence or proof of change of factors found valid by the planning, development, and zoning committee.

(i)

Monitoring and potential revocation of a conditional use permit. The planning, development, and zoning committee or zoning administrator may require evidence and guarantees as proof that approved plans are being followed, required conditions are being met, and review criteria are being satisfied for conditional uses at all times. If the planning, development, and zoning committee finds that the review criteria of this section or the conditions attached to the permit are not being complied with, the planning, development, and zoning committee, after a public hearing as provided in this section, may revoke or alter the conditional use permit.

(Ord. No. 7-14, § X.8.8, 1-28-2022)

(a)

Purpose. The purpose of this subsection is to specify the requirements and procedures for the issuance of land use permits.

(b)

Applicability. Except as exempted under subsection (c) of this section, a land use permit is required from the zoning administrator in the following instances:

(1)

Before any structure, as defined in section 40-265, is erected, affixed, moved, or structurally altered.

(2)

Before any land use of an existing site or structure is changed, or any substantial alteration in the heating plant, sanitary facilities, or mechanical equipment that would affect a change of an existing site's or structure's use.

(3)

Before any sign is erected, affixed, moved, or structurally altered except those signs allowed without a permit in section 40-155.

(4)

Before any conditional use permit granted under this chapter commences operation.

(5)

Before the commencement of any structural modification or structural repair of an existing nonconforming structure, or to a structure housing a nonconforming use.

(6)

Before any replacement of a new manufactured or mobile home in an existing manufactured/mobile home park.

(7)

For any small wind energy system or a large wind energy system.

(8)

Before any placement of 18 cubic yards of fill or greater on a parcel.

(9)

For all planned unit development projects, in accordance with an approved general development plan (see section 40-230(b)(11)).

(10)

For certain activities and facilities described under county livestock waste management regulations, private on-site wastewater treatment system regulations, and other adopted county regulations in which issuance of a land use permit is specified, except as may be limited under Wis. Admin. Code ch. ATCP 51.

(11)

For any small solar energy system or a large solar energy system.

(12)

Before any pond is constructed or dredged.

(c)

Exemptions. No land use permit is required for any of the following instances:

(1)

For establishment of any accessory building 200 square feet of floor area or less, depending on the specific zoning district of such lands, provided that such building conforms to all applicable zoning district, minimum required yard, and other standards of this chapter.

(2)

For agricultural structures that are not for human habitation, not permanently affixed to the ground, and readily removable in their entirety, provided that such structures are located outside of the shoreland zone and that they are not roadside stands or signs (e.g., calf hutches).

(3)

For any modification to an existing telecommunications facility, including collocation, that increases its height or width by 20 feet or fewer.

(d)

Application for a land use permit. An application for a land use permit shall be made to the zoning administrator. The number of required copies of the application materials shall be as determined by the zoning administrator. Such application shall be made by the owner of the property on which the land use permit is requested. To be determined complete by the zoning administrator, the application shall include:

(1)

A completed form, provided by the zoning administrator, including basic information on the owner and project to ensure compliance with this chapter.

(2)

A legal description of the subject site by lot, block, and recorded subdivision or certified survey map, or by metes and bounds.

(3)

A plot plan (overhead view), drawn to scale or dimensioned and showing and labeling the date of preparation; land owner's name; north arrow; lot dimensions; adjacent public streets and rights-of-way; existing and proposed structures and their dimensions; parking and driveway areas; distances between structures and lot lines, between structures and other structures, between structures and the centerlines of abutting streets and highways, and between structures and the ordinary high-water mark of any abutting watercourse. The applicant should note potential foundation survey requirements in subsection (h) of this section.

(4)

A plan, which may be included on the plot plan, indicating the location of the existing and proposed sewage disposal system and well location meeting the requirements of county private on-site wastewater treatment system regulations where municipal sewer or water service will not be provided.

(5)

Written permit for highway access from the appropriate highway authority.

(6)

If within the shoreland zone, other application materials as specified in the county shoreland provisions of this chapter.

(7)

For residential uses, the number of families proposed to be accommodated.

(8)

For all PUD planned unit development projects, complete copies of all general development plan documents, approved as part of the rezoning to PUD, with revisions as necessary to meet county conditions of approval of such projects.

(9)

For any new or expanded multiple-family dwelling, nonresidential use (not including agricultural uses), and for PUD projects, the following additional information shall be provided in order to determine compliance with the performance standards of this chapter and related regulations (and if a PUD project, the approved general development plan):

a.

Site plan, drawn to scale, and showing and labeling all of the information required for a plot plan submittal under subsection (d)(3) of this section, and additionally including easement labels and locations; loading areas; any outdoor storage or dumpster areas; vision triangles; floodplains; wetlands; shoreland zone boundaries; and, for commercial or industrial uses, how on-site building expansion could occur and how additional parking could be accommodated if the use changed from that originally anticipated. An air photo may be used as a base map for the site plan.

b.

Landscape plan, showing an overhead view of all existing and proposed landscaping on the site, including the location, species, size at time of planting, and mature size for all new plantings.

c.

Grading and drainage plan, showing existing and proposed surface elevations, and proposed erosion control and stormwater management provisions.

d.

Exterior building elevations, showing the dimensions, colors, and materials used on all exterior sides of the building(s) sign plan, showing the location, height, dimensions, colors, materials, lighting and copy area of all signage.

e.

Lighting plan, showing the location, height, type, orientation, and power of all proposed exterior lighting, and other information as determined necessary by the zoning administrator, including a photometric plan or lighting fixture catalog pages or cut sheets, to verify compliance with the lighting requirements in section 40-133.

(10)

For new signs or modification of existing sign faces or sign structures, the following additional information:

a.

Any approved site plan for the property, or if not previously approved, a site plan, drawn to scale, and showing and labeling all of the information required for a plot plan submittal under subsection (d)(3) of this section, and additionally including the location of the proposed sign; the location of all existing signs on the property; all property lines and buildings on the property; and parking areas, driveways, public roads, and buildings within 50 feet of the proposed sign.

b.

A diagram of the proposed sign, drawn to scale, and listing and depicting the type, height, width, total square footage and individual square footage of each sign component, method of attachment, structural support, method of illumination, and sign materials.

c.

A structural blueprint with specifications for the proposed sign.

d.

The property's current zoning designation.

e.

A summary of signage on the property, including quantity, location, type, and area of all signs on the property both before and after installation of the proposed sign.

f.

Where a private sign is located on or extends over lands in public ownership, the zoning administrator may require a policy of liability insurance. Any person shall maintain in effect at all times a policy of liability insurance with limits of $100,000.00 for bodily injury and $200,000.00 aggregate and $100,000.00 property damage.

(11)

Other pertinent information as requested by the zoning administrator to determine if the proposed use meets the requirements of this chapter.

(12)

Any other information as may be required for particular land uses under article IX of this chapter.

(13)

The required review fee.

(e)

Land use permit review criteria. No land use permit shall be granted or shall become effective until all applicable requirements of this chapter, conditions of any preceding county approval related to the project, and all applicable state law and rules are met, including, but not limited to, those related to shoreland zoning, airport height limitations, and drainage districts.

(f)

Time limits associated with land use permits. A land use permit shall either be granted or denied in writing by the zoning administrator within 30 days of the filing of a complete application, unless other parallel processes (e.g., conditional use permit) require a longer review period. Once issued, each land use permit shall be posted in a prominent place on the premises prior to and during the period of construction, alteration, or movement. If the work authorized by the land use permit is not completed within 12 months of the date of the approval, the land use permit approval shall be considered void. The applicant may apply for, and the zoning administrator may grant, a one-time 12-month extension, provided that a written extension request is submitted before the original expiration date.

(g)

Revocation of land use permits.

(1)

Upon notification of the property owner and after review by the planning, development, and zoning committee, any land use permit may be revoked by the county board in the event that the applicant has failed to comply with the provisions of this section or any conditions that may have accompanied the land use permit at the time of granting.

(2)

Any land use permit granted by the zoning administrator shall be null and void and automatically revoked in the event that construction, installation, and commencement of the activity granted by the permit has not been commenced within 12 months from the date of the issuance of such permit. If activity authorized by such permit is suspended or abandoned for a period of 90 days any time after the work is commenced, the original permit shall become null and void. A new permit shall first be obtained to complete the activity and a new permit fee shall be required.

(3)

Any signs subject to any revoked permits shall be removed by the licensee, sign owner, or property owner within 45 days of such revocation.

(4)

Revocation shall not result in total or partial reimbursement of permit fees paid.

(h)

Foundation survey may be required. Where a structure is issued a land use permit under this section for any principal building, proposed to be located within five feet of any minimum required yard area or setback under this chapter or other county regulations and where the lot width is 100 feet or less, or in other cases where the zoning administrator cannot with confidence determine compliance with county regulations, the land use permit grantee shall, prior to completion of the construction of footings, concrete slab, or other foundations, designate a professional land surveyor to prepare a plat of survey showing the locations, boundaries, and dimensions of the lot and all existing structures (including the new slab, footing, or other foundation), including the relationships and distances of structures to lot lines, and shall immediately file such plat of survey with the zoning administrator. The zoning administrator shall compare the location of all new or extended foundations with the requirements of this chapter. If a zoning violation is determined, the land use permit grantee shall move the construction or structure so as to conform with this chapter and the shoreland regulations of this chapter. Failure to comply with the requirements of this subsection shall be grounds for the issuance of a stop work order or enforcement pursuant to section 40-235.

(Ord. No. 7-14, § X.8.9, 1-28-2022; Ord. No. 4-24, 5-22-2024; Ord. No. 5-24, 5-22-2024)

(a)

Purpose. The purpose of this section is to provide regulations that enable the county board of adjustment to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done; as provided by state law and applicable case law.

(b)

Application for a variance. Proceedings for approval of a requested variance shall be initiated by an application by the owners of the subject parcel to the zoning administrator. The number of required copies of the application materials shall be as determined by the zoning administrator. To be determined complete by the zoning administrator, the application shall include:

(1)

A completed form, provided by the zoning administrator, including basic information applicable to the owner and the specific nature of the variance request.

(2)

A legal description of the subject parcel by lot, block, and recorded subdivision or certified survey map, or by metes and bounds.

(3)

A scaled map accurately and legibly showing all lands for which the variance is sought, and all other lands both adjacent to and across a public street from such lands.

(4)

A scaled sketch map of the subject parcels indicating where the variances is requested.

(5)

Written narrative justification for the proposed variance, consisting of the applicant's evaluation of the request against the standards for granting a variance as established in subsection (d) of this section.

(6)

Other pertinent information as requested by the zoning administrator to determine if the proposed request meets the requirements of this chapter.

(7)

The required review fee.

(c)

Required review process. The county's process for each variance request is as follows. A flowchart summarizing the variance process is also included in section 40-798, and the process that follows shall control in the event of any difference or where the flowchart lacks detailed information:

(1)

Step 1—Pre-application meeting. The potential applicant shall arrange a pre-application meeting with department professional staff. Such pre-application meeting shall be an in-person meeting, normally held at the county courthouse, unless otherwise approved by county staff. At the pre-application meeting, the department professional staff and the potential applicant shall together complete a pre-application checklist, with such checklist including:

a.

The proposed parcel numbers under consideration for a variance.

b.

The future land use designation for the subject parcels per the county comprehensive plan, the relationship of that designation to the variance being considered, and identification of any comprehensive plan amendments that would be required in advance of the variance.

c.

Confirmation that both parties reviewed and understood the required variance review process and the requirements for a complete variance application.

d.

Review of any known opportunities and limitations associated with the subject parcels that may affect an eventual conditional use permit request.

(2)

Step 2—Application. Following the pre-application meeting, the applicant may file an application for a variance with the zoning administrator, including all of the information in subsection (c)(1) of this section for it to be considered a complete application and to enable progress on the following steps in the process to begin.

(3)

Step 3—Notice and analysis. Upon receipt of a complete application, the zoning administrator shall direct the scheduling and notice of a board of adjustment public hearing, per state law. Before the hearing, the planning and development department staff shall prepare a written analysis of the application against the standards listed in subsection (d) of this section. As soon as practical following receipt of a complete application, but in no case fewer than ten days prior to the date of the public hearing, the zoning administrator shall mail to the chair (by U.S. regular mail), plan commission chair (by U.S. regular mail), and clerk (by U.S. certified mail) of the affected town a copy of all submitted application materials and notice of the hearing. Such information may be mailed through a single mailing or through separate mailings. The zoning administrator shall also provide the information assembled during this and the previous step to the county board of adjustment in advance of the public hearing.

(4)

Step 4—Town review (optional). The town within which a proposed variance is sought may offer written or verbal testimony on whether to approve such request as presented, approve such request with conditions, or deny such request. Such town recommendation shall be in the form of a written or verbal testimony at or before the county board of adjustment public hearing. Any town recommendation should include an evaluation of the request against county variance criteria in subsection (d) of this section.

(5)

Step 5—Board of adjustment public hearing and action. The board of adjustment shall conduct a public hearing to hear testimony on the variance application at a date, time, and location specified in the public hearing notice prepared under Step 3. Within 45 days following the public hearing, the county board of adjustment shall approve as presented, approve with conditions, or deny the variance request. The board of supervisors shall evaluate the request against the criteria included in subsection (d) of this section and may consider all applicable information included in the petition, the zoning administrator's report, public testimony, or its own investigations. In its action, the county board of supervisors shall include findings of fact relative to its decision. An application for a variance under this section may be dismissed by the county board of supervisors upon notice to the applicant, if one year has passed since the filing of the application or the last scheduled public hearing on the application, whichever is later. Dismissal during this step shall not limit the ability of applicants to reapply.

(6)

Step 6—Notice of action. Within ten days of final board of adjustment action on the variance request, the zoning administrator shall provide written notice of board action, including any required conditions of approval, to both the applicant and the affected town. Approval of a variance does not eliminate the requirement to obtain the appropriate building and land use permits.

(d)

Variance review criteria. The board of adjustment shall review all variance requests against the following standards:

(1)

Unnecessary hardship. What constitutes a hardship is to be determined from the facts and circumstances of each individual case. The board of supervisors must consider the following court-established principles:

a.

Unnecessary hardship is a situation where, in the absence of a variance, an owner can make no feasible use of a property, or strict conformity is unnecessarily burdensome. In most cases, if a property already is developed and has an established use, a hardship will not exist.

b.

The hardship must be peculiar to the zoning parcel in question and different from other parcels, not one which affects all parcels similarly.

c.

Loss of profit or financial hardship is not in and of itself grounds for a variance. The fact that developing in compliance with ordinance requirements may cost considerably more does not constitute a hardship.

d.

Self-imposed hardship is not grounds for a variance. When conditions giving rise to the need for a variance were created by the property owner or a former owner, the hardship is self-imposed.

(2)

Unique property limitation. Unique physical characteristics of the property, not the desires of, or conditions personal to the applicant, must prevent the applicant from developing in compliance with this chapter. Such limitations may arise due to steep slopes, wetlands, or parcel shape that limits the reasonable use of the property.

(3)

Protection of the public interest. Granting of a variance must neither harm the public interest nor undermine the purposes of the ordinance. In granting a variance, the county board of supervisors may attach special conditions to ensure that the public welfare will not be damaged. Such conditions must relate reasonably to the purpose and intent of the ordinance. Also, any variance granted should include only the minimum relief necessary to allow reasonable use of property.

(e)

Application, recording, and adherence to conditions. The board of adjustment shall have the authority to attach such conditions and restrictions upon the establishment, location, maintenance and operation of the approved variance as it deems necessary to ensure the approval adheres to the purpose and review criteria of this section and to this chapter as a whole. The board of adjustment may attach a condition to its approval requiring the property owner to record notice against the property of the approved variance, applicable plans, and conditions of approval with the county register of deeds.

(f)

Time limits associated with variances. A variance shall either be granted or denied in writing by the zoning administrator within 30 days of the filing of a complete application, unless other parallel processes (e.g., conditional use permit) require a longer review period. The applicant may apply for, and the county board of adjustment may grant, a one-time 12-month extension, provided that a written extension request is submitted before the original expiration date.

(g)

Effect of denial. No variance request that has been denied shall be resubmitted for a period of 12 months from the date of final board of adjustment action, except on grounds of new evidence or proof of changed factors found valid by that board.

(Ord. No. 7-14, § X.8.10, 1-28-2022)

(a)

Purpose and applicability.

(1)

This section provides standards for the tracking and calculation of allowable dwelling units on lands mapped as farmland and forest preservation area on the farmland preservation plan map in the county comprehensive plan, as reflected in Appendix E.

(2)

The agricultural resources chapter of the county comprehensive plan contains detailed residential density policies for lands mapped as farmland and forest preservation area on the farmland preservation plan map in the comprehensive plan, which are repeated for informational purposes as Appendix E to this ordinance. These policies are most applicable when an individual seeks rezoning of land from the FP farmland and forest preservation district to enable the construction of one or more new nonfarm residences. Such rezoning shall be to either the R-R residential-rural zoning district or A-R agriculture-residential zoning district, with the selection between the R-R and A-R district based on future expectations for the keeping of farm animals on the new residential lot(s). Where such R-R and A-R districts are used in this capacity, the associated lot or parcel shall not be further divided into two or more lots.

(3)

Except where enabled under section 40-37(b), this section only applies to lands that are mapped as farmland and forest preservation area on the farmland preservation plan map in the comprehensive plan. Nothing in this section shall preclude a land owner from seeking amendments to the county comprehensive plan, applicable town comprehensive plan, and/or official zoning map to change a parcel's plan or zoning designation. In the event that such a plan or zoning designation is changed, the provisions of this section shall no longer apply.

(4)

This only applies to lands in the residential and Hamlet Zoning Districts.

(Ord. No. 7-14, § X.8.11, 1-28-2022; Ord. No. 5-24, 5-22-2024)

(a)

Enforcement policy. The planning, development, and zoning committee shall approve and may from time to time amend policies for enforcement of this chapter, consistent with the provisions of this section.

(b)

Investigation and notice of violation. The zoning administrator and designees are responsible for conducting the necessary inspection and investigation to ensure compliance with this chapter and, through field notes, photographs and other means, documenting the presence of violations. If, upon investigation, the zoning administrator becomes aware of a violation of this chapter, he shall notify the responsible parties and those potentially liable.

(c)

Enforcement of violations.

(1)

It shall be the duty of the county attorney to expeditiously review all violations of this chapter reported by the zoning administrator, following the investigation and notices provided in subsection (b) of this section, and take action as appropriate.

(2)

A violator shall upon conviction forfeit to the county a penalty in accordance with the forfeiture schedule established in the county citation authority provisions, together with the taxable costs in such action.

(3)

Upon failure to pay a forfeiture, the violator may be confined in the county jail until such forfeiture is paid, for a period not exceeding six months.

(4)

Each day a violation exists or continues shall be considered a separate and distinct offense.

(5)

As a substitute for, in addition to, or in conjunction with forfeiture actions, the county attorney may, on behalf of the county, seek enforcement of any parts of this chapter by court actions seeking injunctional orders or restraining orders, by pursuing nuisance actions against the violator or any other remedy available in equity or at law.

(6)

Compliance with this chapter may also be enforced pursuant to state law.

(d)

Violations of permits issued under this chapter.

(1)

Violation of a permit or other approval issued under this chapter, or any condition or approved plan associated with such permit or other approval, shall be deemed a violation of this chapter, and shall constitute grounds for revocation of the permit, as well as fines and forfeitures and any other available remedies. A permit or other approval may be revoked only by action of the body that initially granted the permit or other approval, following procedures required for its initial issuance to the extent practical. The decision of the appropriate body shall be furnished to the permit holder in writing, stating the reasons therefor.

(2)

A permit or other approval issued in violation of this or other chapters of this Code or state law or rules gives the permit holder no vested right to continue the activity authorized by the permit, and the permit is considered voidable.

(Ord. No. 7-14, § X.8.12, 1-28-2022)