The purpose of this subchapter is to establish responsibilities for administration of this chapter, procedural requirements for various development approvals under this chapter, and enforcement procedures and penalties for non-compliance.

(1)

Authority. The Conservation, Planning, and Zoning Director is the administrative and enforcement officer for the provisions of this chapter pursuant to the general authorization of the Wisconsin Statutes. The Conservation, Planning, and Zoning Director shall serve as the Zoning Administrator, unless the Director designates a different position or staff person as the Zoning Administrator. Other professional and administrative staff within the Department may assist the Director or Zoning Administrator in the performance of the duties prescribed herein.

(2)

Duties and responsibilities. To interpret and administer this chapter, as well as certain other chapters of the Sauk County Code of Ordinances as provided therein. With respect to this chapter, the Zoning Administrator shall have the following specific duties and responsibilities:

(a)

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

(b)

Be permitted access to premises and structures to make inspections to ensure compliance with this chapter. If refused entry after presentation of identification, the Zoning Administrator may seek the assistance of the Corporation Counsel to procure a special inspection warrant in accordance with the Wisconsin Statutes.

(c)

Maintain records associated with this chapter including all maps, amendments, land use permits, conditional uses, special exceptions, site plans, variances, appeals, inspections, interpretations, applications, and other official actions.

(d)

Receive, file, and forward applications to the designated review and approval bodies, and provide related technical information or reports, or both, to assist such bodies in decision-making.

(e)

Provide staff support to the agency and the Board of Adjustment including the scheduling of public hearings, other meetings, and site visits; and the recording of the actions, recommendations, and minutes of such bodies.

(f)

Issue land use permits.

(g)

Review and approve site plans for land uses under this chapter prior to the issuance of land use permits for such uses, ensuring compliance with this and other applicable ordinances and any additional requirements of designated official review and approval bodies for associated rezoning, conditional use, special exception, or variance requests.

(h)

Make interpretations regarding the provisions of this chapter in a manner that is consistent with the purpose of this chapter. All interpretations are subject to appeal to the Board of Adjustment in accordance with the procedures in this chapter.

(i)

Make interpretations regarding the permissibility of land uses in certain zoning districts where such land uses are not explicitly listed as permitted-by-right, conditional uses, or special exception, in accordance with the procedures and criteria of this chapter.

(j)

Investigate all complaints made relating to the location and use of structures, lands, and waters; and fulfill enforcement functions prescribed by this chapter.

(k)

Any other duties or responsibilities delegated or assigned by competent authority.

(1)

Establishment. The Sauk County Board hereby designates the Conservation, Planning and Zoning Committee as the County zoning agency, authorized to act in all matters pertaining to County planning and zoning.

(2)

Duties and responsibilities. In addition to the duties and responsibilities specified under the Sauk County Code of Ordinances and the Rules of the Sauk County Board of Supervisors, the agency shall have the following specific duties and responsibilities pertaining to this chapter:

(a)

Conduct public hearings associated with petitions to amend the official zoning map, and consider conditional use.

(b)

Conduct public hearings and 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 Sauk County Comprehensive Plan, Sauk County Farmland Preservation Plan, the procedures established under Wis. Stats. § 59.69, and this chapter.

(c)

Conduct public hearings, review, and decide on requests for conditional use in a manner that is consistent with the Sauk County Comprehensive Plan, the Sauk County Farmland Preservation Plan, and with this chapter.

(d)

Act on other development-related requests as may be specified under this chapter or other ordinances within the Sauk County Code of Ordinances.

(e)

Direct the preparation of the County Comprehensive Plan under Wis. Stats. § 66.1001.

(f)

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

(g)

Exercise such other duties and responsibilities as may be directed by the Sauk County Board of Supervisors.

(1)

Members. The chairperson of the Sauk County Board of Supervisors is hereby directed to appoint a Board of Adjustment according to Wis. Stats. § 59.694, consisting of five members, with allowance for payment of per diem and mileage, and two alternate members appointed in accordance with Wis. Stats. § 59.694(2)(bm).

(a)

One member from the Board of Supervisors, resident of an unincorporated area.

(b)

Three citizen members, residents or officials of those townships within the County, which have approved the Sauk County Zoning Ordinance, (CC ADD Date).

(c)

One member, resident of any unincorporated area.

(d)

Appointed Board members shall reside in separate townships, and all members shall reside in unincorporated areas.

(2)

Powers and duties. The Board of Adjustment shall have the following powers:

(a)

To hear and decide appeals where it is alleged that there is error in any interpretation, order, requirement, decision, or determination made by the Zoning Administrator or any administrative official in the enforcement, administration, or interpretation of this chapter or of Wis. Stats. § 59.69.

(b)

To hear and decide appeals where it is alleged that there is an error in any decision of the agency related to a conditional use request, with such review limited to determining whether the agency's action considered the appropriate standards and met the requirements of this chapter, and not a de novo review.

(c)

To authorize such variances from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

(d)

To hear and decide special exceptions to the terms of the ordinance upon which the Board is required to pass as provided for by this chapter.

(3)

Recording of actions.

(a)

The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on 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 filed by the Zoning Administrator and shall be a public record.

(b)

The final disposition of an appeal or variance application to the Board of Adjustment shall be in a form of a written decision signed by the chair of the Board of Adjustment.

(4)

Rules.

(a)

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 Board of Adjustment may determine.

(b)

All meetings of the Board of Adjustment shall be open to the public.

(c)

The Board of Adjustment shall fix a reasonable time and place for the public hearing and give public notice thereof, including due notice to the parties in interest. Public notice shall be publication of a class 2 notice under Wis. Stats. ch. 985 and a copy of the notice to any lot within 1,500 feet of the proposed use measured from the edge of the property, except that notice does not have to be given if the dwelling is not within the jurisdiction of this ordinance. A failure to send notice to the above dwellings shall not invalidate the public notice.

(d)

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. The Corporation Counsel shall provide legal counsel to the Board or arrange for legal counsel in the event of a conflict.

(e)

The Board of Adjustment may adopt such additional rules as are necessary to carry into effect the regulations of the County Board.

(5)

Appeals.

(a)

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of Sauk County affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after receiving notice of the decision, by filing with the Zoning Administrator and the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator shall certify to the Board of Adjustment after the notice of appeal shall have been filed with the Zoning Administrator that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such cases, the proceedings shall not be stayed other than by a restraining order, which may be granted upon application to the Board of Adjustment or by petition to a court of record, with notice to the Zoning Administrator.

(b)

The Board of Adjustment 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. At the hearing, any party may appear in person or by agent or attorney.

(6)

Certiorari. A person aggrieved by a decision of the Board of Adjustment, or a taxpayer, or any officer, department, board or bureau of the municipality, may, within 30 days after the filing of the decision in the department, commence an action seeking the remedy available by certiorari.

(1)

Purpose. To provide the procedure for the review of proposed amendments of the official zoning map or amendments to the ordinance. Changes to the official zoning map have the effect of changing the district boundaries. The County Board may, from time to time, amend the official zoning map or this chapter in the manner provided by Wis. Stats. § 59.69 and as specified in this section.

(2)

Review process. Sauk County's process for each amendment to the official zoning map or this chapter is as directed by Wis. Stats. § 59.69 and as follows. The following procedures shall be applied in considering amendments:

(a)

A petition for amendment of this chapter may be made by a property owner in the area to be affected by the amendment, by the town board of any town in which the ordinance is in effect, or by any member of the County Board or the agency.

(b)

The petition shall be filed with the County Clerk who shall refer the petition to the agency. Immediate notice of the petition shall be sent to the County Supervisor of any affected district.

(c)

The agency shall prescribe a form for the petition. An accurate metes and bounds property description or certified survey map shall be required to accompany the petition for amendments to the official zoning map.

(3)

Application and notice of hearing. Application for approval of an ordinance amendment shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following:

(a)

Names and addresses of the applicant, owner of the property, architect, and professional engineer, as applicable.

(b)

A narrative of the proposed conditional use, indicating a description of the subject property by lot, block, and recorded subdivision or metes and bounds; address of the site, types of structures, and proposed use.

(c)

A site plan which shall include a scalable drawing showing the location of all drives, entrances, sidewalks, trails, and signs; the location, size, number, and screening of all parking spaces; a landscaping plan; a grading and drainage plan; a detailed proposal including covenants, agreements, or other documents showing the ownership and method of assuring perpetual maintenance of land to be owned or used for common purposes.

(d)

Public hearings shall follow an application for an ordinance amendment. The Zoning Administrator shall fix a reasonable time and place for the public hearing on the ordinance amendment and give public notice thereof. Public notice shall include publication of a class 2 notice under Wis. Stats. ch. 985 and a copy of the notice to any dwelling within 1,500 feet of the proposed use measured from the edge of the property, except that notice does not have to be given if the dwelling is not within the jurisdiction of this ordinance. A failure to send notice to the above dwellings shall not invalidate the public notice.

(4)

Agency hearing and notice. On receipt of the petition referred to it by the County Clerk, the agency shall set a time and place for a public hearing on the petition and shall publish notice of the public hearing as a class 2 notice under Wis. Stats. ch. 985. A copy of the notice, application, petition, all maps, plans, and other documents submitted by the petitioner shall be mailed by certified mail to the town clerk of each town affected by the proposed amendment at least ten days prior to the date of such hearing. If the petition is for any change in an airport affected area as defined by Wis. Stats. § 62.23(6)(am)1.b., the notice shall be mailed to the owner or operator of the airport bordered by the airport affected area.

(5)

Agency and town action on the proposed amendment. As soon as possible after the public hearing, the agency shall act on the petition by approving, modifying and approving, or disapproving of it. If its action is favorable to granting the requested change or any modification thereof, it shall cause an ordinance to be drafted effectuating its determination and shall submit the proposed ordinance directly to the County Board with its recommendations. If the agency after its public hearing, recommends denial of the petition it shall report its recommendation directly to the County Board with its reasons for the action. Proof of publication of the notice of the public hearing held by the agency and proof of the giving of notice to the town clerk of the hearing shall be attached to either such report. Notification of town board resolutions filed under Wis. Stats. § 59.69(5)(e)3. shall be attached to either such report. The agency may not recommend approval, but may only recommend disapproval or approval with modifications if it has received before, at or within ten days after the public hearing, a certified copy of a resolution disapproving the proposed change adopted by the town board of a town affected by a proposed change in zoning district boundaries. A town may extend its time for disapproving by 20 days if the town board adopts a resolution providing for the extension and files a certified copy of the resolution with the County Clerk.

(6)

County Board action on agency recommendation. The County Board action on the agency recommendation shall be one of the following:

(a)

The Board may adopt the ordinance as submitted by the agency or with amendments.

(b)

The Board may refuse to deny the petition as recommended by the agency. In such event, the Board shall again refer the petition to the agency with instructions to draft an ordinance to effectuate the petition and report the ordinance back to the County Board, which may then adopt or reject the proposed ordinance.

(c)

If a protest against a proposed amendment is filed with the County Clerk at least 24 hours prior to the date of the County Board meeting at which the report of the agency is to be considered, duly signed and acknowledged by the owners of 50 percent or more of the area to be rezoned, or by abutting owners of over 50 percent of the total perimeter of the area proposed to be rezoned included within 300 feet of the parcel or parcels proposed to be rezoned, action on the ordinance may be deferred until the agency has had a reasonable opportunity to ascertain and report to the County Board as to the authenticity of the ownership statements. Each signer shall state the amount of area or frontage owned by that signer and shall include a description of lands owned by that signer. If the statements are found to be true, the ordinance may not be adopted except by the affirmative vote of three-fourths of the members of the County Board present and voting. If such statements are found to be untrue to the extent that the required frontage or area ownership is not present the protest may be disregarded.

(d)

The Board may deny the petition for amendment.

(e)

If the proposed amendment makes any change in an airport affected area, as defined by Wis. Stats. § 62.23(6)(am)1.b., and the owner or operator of the airport bordered by the airport affected area files a protest against the proposed amendment, the procedure under Wis. Stats. § 59.69(5)(e)5m., shall be followed.

(7)

Notice to town boards, exercise of town board veto. Where required by statute, an amendatory ordinance upon adoption shall, within seven days thereafter, be submitted in duplicate by the County Clerk by registered mail to the town clerk of each town in which lands affected by the ordinance are located. If after 40 days from the date of adoption a majority of the towns has not filed certified copies of resolutions disapproving the amendment with the County Clerk, the amendment shall be in effect in all of the towns affected by the ordinance. Any ordinance relating to the location of boundaries or districts shall within seven days after adoption by the County Board be transmitted by the County Clerk by certified mail only to the town clerk of the town in which the lands affected by the change are located and shall become effective 40 days after the adoption of the ordinance by the County Board unless the town board, prior to such date files a certified copy of a resolution disapproving of the ordinance with the County Clerk. If such town board approves of the ordinance, the ordinance shall become effective upon the filing of the resolution of the town board with the County Clerk. The Clerk shall record in the Clerk's office the date in which the ordinance becomes effective and notify the town clerk of all towns affected by such ordinance of effective date, and also make such report to the County Board, which report shall be printed in the proceedings of the County Board.

(8)

Annexation: jurisdiction of lands annexed to an incorporated municipality. When any lands previously under jurisdiction of a County zoning ordinance shall have been formally removed from such jurisdiction by reason of annexation to any incorporated municipality, and after the regulations imposed by the County zoning ordinance have ceased to be effective as provided in Wis. Stats. § 59.69(7), the County Board may, on the recommendation of its zoning agency, adopt such amendatory ordinances as shall remove or delete such annexed lands from the official zoning map or written descriptions without following any of the procedures provided in this section and such amendatory ordinances shall become effective upon passage and publication. A copy of such ordinance shall be forwarded by the County Clerk to the clerk of each town in which the lands affected were previously located. Nothing in this section shall be construed to nullify or supersede the provisions of Wis. Stats. § 66.1031.

(9)

Zoning map amendment standards. In its review and action on the application, the agency shall make findings with respect to the following criteria:

(a)

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

(b)

The proposed map amendment is consistent with the Sauk County Comprehensive Plan and the Farmland Preservation Plan, if applicable.

(c)

Factors have changed from the time of initial ordinance adoption that warrant the map change, or an error, inconsistency, or technical problem administering this chapter as currently depicted has been observed.

(d)

In rezoning land out of any exclusive agricultural district, the agency shall find all of the following, after a public hearing:

1.

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

2.

The rezoning is consistent with the Sauk County Comprehensive Plan.

3.

The rezoning is substantially consistent with the Sauk County Farmland Preservation Plan.

4.

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.

(10)

Effect of denial. No application that has been denied under this subsection 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 agency.

(1)

Purpose. To provide the procedures and standards for the review of conditional use and amendments to conditional use previously granted in addition to standards referenced under Subchapters IV and V. Lawful uses existing at the time of adoption of this chapter that require a conditional use may continue as nonconforming uses. This subsection does not apply to a conditional use for a PRD.

(2)

Authority. The authority to approve a conditional use is hereby delegated by the Sauk County Board of Supervisors to the agency. The agency, after a public hearing, shall, within a reasonable time, grant or deny any application for a conditional use. Prior to granting or denying a conditional use, the agency shall make findings of fact based on the evidence presented, issue a determination whether the standards prescribed in the ordinance are met, and require additional conditions as needed. No conditional use may be granted if the agency determines the standards have not been met, nor may a conditional use be denied when the agency determines that the standards are met. The standards include the applicable primary and secondary standards, the standards found in paragraphs (5) and (6) below, or any other standards found in this ordinance.

(3)

Application and notice of hearing. Application for approval of a conditional use shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following:

(a)

Names and addresses of the applicant, owner of the property, architect, and professional engineer, as applicable.

(b)

A narrative of the proposed conditional use, indicating a description of the subject property by lot, block, and recorded subdivision or metes and bounds; address of the site, types of structures, and proposed use.

(c)

A site plan which shall include a scalable drawing showing the location of all drives, entrances, sidewalks, trails, and signs; the location, size, number, and screening of all parking spaces; a landscaping plan; a grading and drainage plan; a detailed proposal including covenants, agreements, or other documents showing the ownership and method of assuring perpetual maintenance of land to be owned or used for common purposes.

(d)

Public hearings shall follow an application for a conditional use. The Zoning Administrator shall fix a reasonable time and place for the public hearing on the conditional use and give public notice thereof. Public notice shall include publication of a class 2 notice under Wis. Stats. ch. 985 and a copy of the notice to any dwelling within 1,500 feet of the proposed use measured from the edge of the property, except that notice does not have to be given if the dwelling is not within the jurisdiction of this ordinance. A failure to send notice to the above dwellings shall not invalidate the public notice.

(4)

Review and approval. The following procedures shall apply to conditional uses:

(a)

The Zoning Administrator shall mail to the clerk of the town within which the conditional use is proposed, a copy of the application, all maps, plans, and other documents submitted by the applicant and notice of the time and place of the public hearing to be held on the proposed conditional use. This information shall be mailed at least ten days prior to the date of the public hearing and shall be sent to the clerk by certified mail.

(b)

The town board may, at the hearing or earlier, indicate its recommendation regarding granting, denying, and granting in part or with conditions, the conditional use. Town recommendations for approval or denial shall be accompanied by appropriate written findings of fact. Failure of the town to submit findings of fact shall constitute their recommendation for unconditional approval of the conditional use. Findings shall, at a minimum, address whether the conditional use is consistent with adopted town plans, plan elements, and any adopted ordinances, compatibility or non-compatibility with adjacent land uses, and any specific substantiated objections.

(c)

Failure of the town board to communicate its recommendation either at the public hearing or earlier shall be taken as an approval by the agency. If the town board or its representative requests an extension of time in which to determine its position, the conditional use application will be postponed until the next regularly scheduled meeting of the agency.

(d)

The agency shall transmit a copy of its decision, signed by the chairperson of the agency, to the applicant and town within a reasonable time after the public hearing at which the decision is made.

(e)

Approval of a conditional use does not eliminate the requirement to obtain the appropriate land use permit.

(5)

Conditional use standards. In reviewing the conditional use, the agency shall follow these standards:

(a)

The establishment, maintenance, or operation of the proposed use may not be detrimental to or endanger the public health, safety, or general welfare of the occupants of surrounding lands.

(b)

The 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 may not change the essential character of the area by substantially impairing or diminishing the use, value, or enjoyment of existing or future permitted uses in the area.

(6)

Conditional use criteria. In reviewing the conditional use, the agency shall consider the following:

(a)

The erosion potential of the site based on topography, drainage, slope, soil type, and vegetative cover and mitigation of erosion potential.

(b)

The prevention and control of water pollution, including sedimentation, and the potential impacts on floodplain and wetlands.

(c)

Whether the site has adequate utilities including, if necessary, acceptable disposal systems.

(d)

Whether the site has access to roads and highways.

(e)

Whether the site has suitable, ingress and egress.

(f)

Whether the site is designed to minimize traffic congestion, and the potential effect on traffic flow.

(7)

Appeals of agency decision on conditional use. Proceedings for an appeal of the agency's decision may be initiated by any person's aggrieved or by any officer, department, board, or bureau of the County affected by the agency's decision. An appeal must be made not more than 30 days from the date of the decision. The appeal shall be initiated by an application to the Zoning Administrator and shall be heard by the Board of Adjustment. The Board of Adjustment shall review whether the agency followed the standards and criteria in this chapter, rather than conducting a de novo review of the conditional use application.

(8)

Application, recording, and adherence to conditions. The agency shall have the authority to attach such conditions and restrictions on 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 chapter. If applicable, prior to commencing the authorized activity on the site and obtaining any necessary land use permits, 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.

(9)

Time limits associated with conditional use. If the conditional use is not initiated by securing a land use permit within 365 days of the date of the approval, the conditional use shall be considered void. The applicant may apply, without a fee, and the agency may grant a one-time 365-day extension provided that a written request for extension is submitted to the Zoning Administrator before the original expiration date. If a use or activity associated with a previously approved conditional use ceases for 365 days or more after first being established on the property, the use will be deemed to have been terminated and the property owner or authorizing agent must reapply and obtain another conditional use before recommencing the use or activity.

(10)

Effect of denial. No application that has been denied under this section may be resubmitted for a period of 365 days from the date of final agency action, except on grounds of new evidence or proof of changes of factors found valid by the agency.

(11)

Monitoring and potential revocation of a conditional use. The agency or Zoning Administrator may require evidence and guarantees as either may deem necessary as proof that approved plans are being followed, required conditions are being met, and review criteria are being satisfied for conditional use at all times. If the agency or Zoning Administrator finds that the review criteria of this section or the conditions attached to the permit are not complied with, the Zoning Administrator may suspend the permit and require an additional public hearing to alter the conditional use.

(12)

Expansion of conditional use. The expansion of any use approved by a conditional use shall require an application and review by the agency. Expansion of use shall be determined by the Zoning Administrator.

(1)

Purpose. To provide the procedures and standards for the granting of special exceptions and amendments to special exceptions previously granted. Lawful uses existing at the time of adoption of this chapter that would require a special exception under this chapter may continue as a nonconforming use.

(2)

Authority. The Board of Adjustment, after a public hearing, shall within a reasonable time, grant or deny any application for a special exception. Prior to granting or denying a special exception, the Board of Adjustment shall make findings of fact based on the evidence presented and issue a determination indicating whether the standards prescribed in the ordinance are met. No special exception may be granted if the Board of Adjustment determines the standards have not been met, nor may a special exception be denied if the Board of Adjustment determines that the standards are met. The standards include the applicable primary and secondary standards, the standards found in paragraphs (5) and (6) below, or any other standards found in this ordinance.

(3)

Application and notice of hearing. Application for approval of a special exception shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following:

(a)

Names and addresses of the applicant, owner of the property, architect, and professional engineer, as applicable.

(b)

A narrative of the proposed special exception indicating a description of the subject property by lot, block, and recorded subdivision or metes and bounds, address of the site, types of structures, and proposed use.

(c)

A site plan which shall include a scalable drawing showing the location of all drives, entrances, sidewalks, trails, and signs, the location, size, number, and screening of all parking spaces, a landscaping plan, a grading and drainage plan, a detailed proposal including covenants, agreements, or other documents showing the ownership and method of assuring perpetual maintenance of land to be owned or used for common purposes.

(d)

Public hearings for a special exception. The Board of Adjustment shall fix a reasonable time and place for the public hearing on the special exception and give public notice thereof. Public notice shall include publication of a class 2 notice under Wis. Stats. ch. 985 and a copy of the notice to any dwelling within 1,500 feet of the proposed use measured from the edge of the property, except that notice does not have to be given if the dwelling is not within the jurisdiction of this ordinance. A failure to send notice to the above dwellings shall not invalidate the public notice.

(4)

Review and approval. The following procedures shall apply to a special exception:

(a)

The Board of Adjustment shall mail to the chair, clerk, and plan commission chair of the town within which the special exception is proposed, a copy of the application, all maps, plans, and other documents submitted by the applicant and notice of the time and place of the public hearing to be held on the proposed special exception. This information shall be mailed at least ten days prior to the date of the public hearing and shall be sent to the town clerk by certified mail.

(b)

The town board or its representative should, at the hearing or earlier, indicate its recommendation regarding granting, denying, or granting in part or with conditions, the special exception. The town can communicate its position either orally or in writing. However, all town recommendations for approval or denial shall be accompanied by appropriate written findings of fact. Failure of the town to submit findings of fact shall constitute their recommendation for unconditional approval of the special exception. Findings shall, at a minimum, address whether the special exception is consistent with adopted town plans, plan elements, and any adopted ordinances, compatibility or non-compatibility with adjacent land uses, any specific substantiated objections, and any other specific findings that pertain to the review criteria of this subsection.

(c)

Failure of the town board to communicate its recommendation either at the public hearing or earlier shall be taken as an approval by the Board of Adjustment. If the town board or its representative shall, at the public hearing, request an extension of time in which to determine its position, the special exception shall be postponed until the next regularly scheduled meeting of the Board of Adjustment.

(d)

The Board of Adjustment shall transmit a copy of its decision, signed by the chairperson of the Board of Adjustment, to the applicant and town within a reasonable time after the public hearing at which the decision is made. The copy of the decision shall be the "decision letter" and the date of the decision letter shall be the date that the decision is filed in the office of the Board of Adjustment pursuant to Wis. Stats. § 59.694.

(e)

Approval of a special exception does not eliminate the requirement to obtain the appropriate land use permit.

(5)

Special exception standards. In reviewing the special exception, the Board of Adjustment shall follow these standards:

(a)

The establishment, maintenance, or operation of the proposed use may not be detrimental to or endanger the public health, safety, or general welfare of the occupants of surrounding lands.

(b)

The 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 may not change the essential character of the area by substantially impairing or diminishing the use, value, or enjoyment of existing or future permitted uses in the area.

(6)

Special exception criteria. In reviewing the special exception, the Board of Adjustment shall consider the following:

(a)

The erosion potential of the site based on topography, drainage, slope, soil type, and vegetative cover and mitigation of erosion potential.

(b)

The prevention and control of water pollution, including sedimentation, and the potential impacts on floodplain and wetlands.

(c)

Whether the site has adequate utilities including, if necessary, acceptable disposal systems.

(d)

Whether the site has access to roads and highways.

(e)

Whether the site has suitable, ingress and egress.

(f)

Whether the site is designed to minimize traffic congestion, and the potential effect on traffic flow.

(7)

Application, recording, and adherence to conditions. The Board of Adjustment shall have the authority to attach such conditions and restrictions on the establishment, location, maintenance, and operation of the special exception as it deems necessary to ensure that the special exception adheres to the purpose and review criteria of this chapter. If applicable, prior to commencing the authorized activity on the site and obtaining any necessary land use permits, 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.

(8)

Time limits associated with special exceptions. If the special exception is not initiated by securing a land use permit within 365 days of the decision letter, the special exception approval shall be considered void. The applicant may apply without fee, and the Board of Adjustment may grant, a one-time, 365-day 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 special exception ceases for 365 days or more after first being established on the property, the use will be deemed to have been terminated and the property owner or authorizing agent must reapply and obtain approval of another special exception before recommencing the use or activity.

(9)

Effect of denial. No application that has been denied under this section may be resubmitted for a period of 365 days from the date of the decision letter, except on grounds of new evidence or proof of changes of factors found valid by the Board of Adjustment.

(10)

Monitoring and potential revocation of a special exception. The Board of Adjustment or Zoning Administrator may require evidence and guarantees as either may deem necessary as proof that approved plans are being followed, required conditions are being met, and review criteria are being satisfied for special exceptions at all times. If the Board of Adjustment or Zoning Administrator finds that the review criteria of this subsection or the conditions attached to the use are not complied with, the Zoning Administrator may suspend the permit and require an additional public hearing to alter the special exception.

(11)

Expansion of special exception use. The expansion of any use approved by a special exception shall require an application and review by the Board of Adjustment. Expansion of use shall be determined by the Zoning Administrator.

(1)

Purpose. The purpose of this section is to specify the requirements and procedures for the issuance of land use permits. Land use permits are issued by the Zoning Administrator for structures and uses specified in this chapter in order to verify compliance with the provisions of this chapter. A land use permit is not a substitute for a building permit, which is instead issued by the affected town. In certain cases, other land use approvals including but not limited to rezoning, conditional use, special exception, or variance approval, are required before a land use permit may be issued.

(2)

Applicability. Except as exempted under this subsection, a land use permit is required from the Zoning Administrator in the following instances:

(a)

Before a structure is erected, affixed, moved, or structurally altered.

(b)

Before the construction of any foundation.

(c)

Before any substantial alteration in the heating plant, sanitary facilities, or mechanical equipment which would affect or change the use of an existing site or structure.

(d)

Before any conditional or special exception use commences operation.

(e)

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

(f)

No building or other structure or any part of a building or structure may be built, enlarged, altered, located, or moved within the area subject to the provisions of this chapter until a land use permit has been obtained.

(g)

Before the use of any building or structure is changed from that originally permitted.

(h)

Before any sign that requires a sign land use permit under Subchapter X is erected, relocated, structurally altered, or reconstructed.

(i)

Failure to obtain a permit or violation of an existing permit shall be grounds for the issuance of a stop-work order or enforcement pursuant to this subchapter.

(j)

Any other instances that have been indicated in other parts of this chapter.

(3)

Exemptions. Unless otherwise required pursuant to the Sauk County Code of Ordinances, no land use permit is required for any accessory structure of 120 square feet of floor area or less or any wind tower less than 25 feet in height provided that such structure conforms with all applicable zoning district minimum required yard setbacks and other standards of this chapter. Fences and walls more than six feet in height and greater than 50 percent opacity shall be considered a structure and the appropriate requirements of this chapter shall apply.

(4)

Application for a land use permit. An application for a land use permit shall be made to the Zoning Administrator. Such application shall be made by the owner of the property on which the land use permit is requested. If the application is not complete, the Zoning Administrator shall notify the owner within ten working days. To be determined complete by the Zoning Administrator, the application shall include:

(a)

A completed form, provided by the Zoning Administrator and signed by the owner, including information on the owner and project to ensure compliance with this chapter.

(b)

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

(c)

A site plan, drawn to scale, and showing and labeling the date of preparation, landowner's name, north arrow, lot dimensions, adjacent public roads and rights-of-way, visual clearance triangles required in accordance with existing and proposed structures and their dimensions, parking and driveway areas, distances between structures and lot lines, between structures and the centerlines of abutting roads and highways, and between structures and the ordinary high water mark of any abutting watercourse.

(d)

A plan, which may be included on the site plan, indicating the location of the existing and proposed private on-site wastewater treatment system location.

(e)

If applicable, a 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.

(f)

If applicable, a lighting plan showing the location, height, type, orientation, and power of all proposed exterior lighting.

(g)

A grading and storm water plan, showing existing and proposed surface elevations, and proposed erosion control and storm water management provisions.

(h)

Written permit for highway access from the appropriate highway authority.

(i)

The required permit application fee.

(j)

Other pertinent information as requested by the Zoning Administrator to determine if the proposed use or structure meets the requirements of this chapter.

(5)

Land use permit review criteria. No land use permit may be granted or shall become effective until all applicable requirements of this chapter, conditions of any preceding County approval related to the project, the remaining chapters in the Sauk County Code of Ordinances and all applicable Wisconsin Statutes and rules are met, including but not limited to those related to shoreland zoning, floodplain zoning, airport height limitations, and drainage districts.

(6)

Time limits associated with land use permits. 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 24 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, 24-month extension provided that a written extension request is submitted before the original expiration date.

(7)

Location survey. Where a land use permit is issued for a structure and it is proposed to be located within ten feet of any minimum required yard area or setback under this chapter or another chapter of the Sauk County Code of Ordinances, or in other cases where the Zoning Administrator cannot, with confidence, determine compliance with the provisions of County ordinances, immediately upon completion of the construction of footings, concrete slab, or other foundations, the owner shall cause a registered 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, and including the relationships and distances of all 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 owner shall move the construction or structure or shall adjust the lot line so as to conform to this chapter or other chapters of the Sauk County Code of Ordinances. Failure to comply with the requirements of this subsection shall be grounds for the issuance of a stop-work order or enforcement pursuant to this subchapter.

(8)

Reasonable accommodations for handicapped persons.

(a)

The Zoning Administrator may issue a zoning permit that waives specified requirements of this ordinance, if it is determined that the requested accommodation meets all the following:

1.

It is necessary to afford handicapped or disabled persons equal housing opportunities or equal access to public accommodations.

2.

It is the minimum accommodation that will give the handicapped or disabled person adequate relief.

3.

It will not unreasonably undermine the basic purposes of this ordinance.

(b)

If the Zoning Administrator issues a zoning permit that waives specified zoning provisions, the permit will include a condition that the structure authorized by the permit shall be removed not more than 30 days after the handicapped or disabled person vacates the property or the structure ceases to be a public accommodation. The permit will not become effective until the property owner records a deed restriction with the Register of Deeds setting forth the condition that the structure authorized by the permit shall be removed as required.

The application for a special exception permit shall be accompanied by the following information:

(1)

Ownership and management data. The location of the proposed site of operation, legal description, ownership of the land, leasehold, license and other property interests, and the identity of all individuals, partnerships, associations, or corporations which are involved of the proposed operation.

(2)

Site plan. Provide a scaled site plan indicating:

(a)

Date, north arrow, and graphic scale.

(b)

Location of property lines, rights-of-way, easements, and watercourses.

(c)

Roads, driveways, and intersections.

(d)

Outlines of all buildings, setbacks, and dimensions.

(e)

Means of vehicular access.

(f)

Schematic of drainage system.

(g)

Complete site erosion control plan and finished grade plan.

(h)

Proposed location, acreage, and depth of intended operation.

(i)

Proposed location of mineral extraction site, waste dumps, tailing ponds, sediment basins, stockpiles, structures, roads, railroad lines, utilities, or other permanent or temporary facilities used in the mining process.

(j)

Surface drainage of the property.

(k)

Location and names of all streams, roads, railroads, utility lines, and pipelines on or adjacent to the proposed site.

(l)

Location and description of the surface land use and vegetation including all pertinent physical characteristics of the extraction site and adjacent properties including agricultural, archaeological, historical, and educational features.

(m)

Any additional information as requested by the Zoning Administrator or Committee.

(3)

Operations plan. The operations plan shall address the following factors:

(a)

A timetable for the commencement and cessation of mining operations, and if seasonal operations are intended, the months of operation shall be identified.

(b)

Estimated quantity in tons per year to be extracted, specified by phase.

(c)

The anticipated number of years of operation.

(d)

A description of the extraction and processing procedures, phasing, and equipment to be used.

(e)

A description of operating hours, days of operation, blasting and crushing hours, and hauling hours.

(f)

Proposed plan shall include the effect and mitigation measures of the operation on the quality and quantity of groundwater.

(g)

A description of the measures to be taken to control dust, noise, and vibration.

(h)

The proposed mode of transport and the route used to move materials.

(i)

Proposed earth bank, berm or vegetative screening where deemed practicable to conceal the mining operation from view.

(j)

A description of on-site safety measures including fencing and signage.

(4)

Reclamation plan. The reclamation plan shall be provided as pursuant to Wis. Admin. Code ch. NR 135 and Sauk County Code Chapter 24. The Zoning Administrator may require the submittal of additional information as may be necessary to determine the nature of the mining operation and proposed reclamation.

(5)

Topsoil management plan. The operator shall submit a topsoil management plan that includes the following:

(a)

Description of the plans for topsoil salvage and storage.

(b)

Description of topsoil stripping, salvaging, stabilization, and conservation methods that will be used during replacement.

(c)

Description of the topsoil and topsoil substitute material to be provided as specified in the reclamation plan to achieve the approved post-mining land use. Verification that the removal of on-site topsoil and topsoil substitute material, when specified in the reclamation plan, shall be performed prior to any mining activity associated with any specific phase of the mining operation.

(d)

Description of where the operator will obtain the amount of topsoil or topsoil substitute required to perform final reclamation on-site or by obtaining material off-site, or both.

(e)

Verification that once removed, on-site topsoil or topsoil substitute material shall, as required by the reclamation plan, either be used in progressive reclamation or stored in an environmentally acceptable manner. The location of stored topsoil or topsoil substitute material shall protect the material from washing away, eroding, disturbing, or contaminating the area. Runoff shall be diverted around stored topsoil or topsoil substitute material.

(6)

Groundwater maintenance and management plan. For sites with planned excavation lower than the groundwater table, the operator shall submit a detailed hydrogeological report. The operator shall be required to reimburse the County for the expense of professional work or opinions in review of a hydrogeological report if recommended by staff or the Board of Adjustment. The hydrogeological report shall provide the following information, as well as a description, and justification of all hydrologic methods used:

(a)

Existing conditions to establish baseline data, including but not limited to:

1.

Analysis of groundwater quality on the mining site consistent with Wis. Admin. Code § NR 140.20.

2.

Identification of all known contaminated groundwater resources within one-half mile of the mining site.

3.

Identification of all karst features such as sinkholes, stream sinks, springs, caves, joints, or fractures within one-half mile of the mining site.

4.

Identification and elevation of all surface waters and headwaters within a minimum of one half-mile of the mining site. Elevations must include the existing water level, as well as the ordinary high water mark where applicable.

5.

Identification of all existing groundwater users (such as neighboring private water-supply wells, wellhead protection areas, municipal wells, and irrigation wells) within 1,200 feet of the mining site consistent with Wis. Admin. Code ch. N.R. 812. Well construction reports including well location, well depth, depth of casing, depth to water, and aquifers penetrated shall be identified.

6.

Elevation of the groundwater table, groundwater flow directions, and groundwater velocities.

7.

All information in subsection 1 to 6, above, shall be presented in the form of contour maps and multiple geologic cross-sections passing through the proposed excavation and all areas of concern.

(b)

Proposed operational data including, but not limited to:

1.

Elevation of the lowest point of mining and dewatering activities below groundwater.

2.

Description of the means planned to prevent surface water running into the excavation.

3.

Where dewatering is proposed, provide pumping rates and times, elevations of the groundwater draw down level, and identification of groundwater discharge locations and quantities.

4.

A groundwater-monitoring program to ensure compliance with paragraphs (a) and (b) of this subsection (6). Such program should include the installation of monitoring wells near the site perimeter of the proposed area of excavation to measure groundwater elevations, quality, flow directions, and velocities.

(c)

The Board of Adjustment may require the applicant to provide additional relevant hydrogeological studies, such as groundwater modeling, if any of the following apply:

1.

Dewatering is proposed at the mining site.

2.

Known contaminated groundwater resources exist within one-half mile of the mining site.

3.

Known karst features such as sinkholes, stream sinks, springs, caves, joints, or fractures exist within one-half mile of the mining site.

4.

Exceptional, outstanding, or impaired waters listed by the Wisconsin Department of Natural Resources under the Clean Water Act § 303d exist within one-half mile of the mining site.

5.

Existing wells using the same or a shallower aquifer exist within 1,200 feet of the mining site.

(d)

If groundwater modeling is required, the following minimum information shall be provided:

1.

Description and justification of all input data to groundwater models.

2.

Calibration of all groundwater models.

3.

Sensitivity analysis for all groundwater models.

4.

Detailed output from the hydrologic methods including the elevation of the water, elevation of the cone of depression caused by dewatering, groundwater flow directions, groundwater velocities, mounding elevations, and any potential effects on nearby surface water, springs, or users of surface and groundwater.

5.

Description of the possible existence of fractures or solution cavities in the geologic material and their effect on groundwater flow and land stability.

(1)

Investigation and notice of violation. The Zoning Administrator or designee is responsible for conducting the necessary inspection and investigation to ensure compliance with this chapter and documenting the presence of violations.

(2)

Enforcement of violations.

(a)

Violations 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, 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 thereof.

(b)

A permit or other approval issued in violation of this chapter, other ordinances of the Sauk County Code of Ordinances, the Wisconsin Administrative Code, or Wisconsin Statutes, gives the permit holder no vested right to continue the activity authorized by the permit, and the permit is considered voidable.

(3)

Any building or structure erected, moved or structurally altered or any use established in violation of the provisions of this chapter by any person, firm, association, corporation, including building contractors or their agents, shall be an unlawful structure or use.

(4)

The Corporation Counsel may bring an action to enforce this chapter and seek any remedy, legal or equitable, subject to prosecutorial discretion. The Corporation Counsel may seek an order to enjoin, remove, or vacate any violation of this chapter; or any use, erection, moving or structural alteration of any building, or use in violation of this chapter and seek fines as provided herein.

(5)

The provisions of this chapter shall be enforced under the direction of the Sauk County Board of Supervisors, through the agency, the Zoning Administrator, law enforcement officers, and the Corporation Counsel. Any person, firm, company, or corporation who violates, disobeys, omits, neglects, or refuses to comply with; or who resists the enforcement of any of the provisions of this chapter; shall be subject to a fine of not less than $50.00 or more than $200.00 per day as long as the violation exists; together with the costs of action. This chapter may be enforced by any remedy, legal or equitable. Actions may be brought by the Corporation Counsel or by the owner of land within the zoning district affected by the regulations of this chapter.