(a)

It shall be unlawful to construct or use any structure, building, land or water in violation of any provisions of this chapter. In case of any violation, the board of supervisors, the zoning administrator, the zoning committee, town board, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter.

(b)

Every structure, fill, building, dwelling or use constructed, placed or maintained in violation of this chapter is deemed a public nuisance, and the construction, placement or creation of such nuisance may be enjoined, and the maintenance of such nuisance may be abated by an action instituted in circuit court by the county to enjoin the construction or continued maintenance of such structure, fill, building, dwelling or use.

(c)

Failure to post permits required under the terms of this chapter on the site shall constitute a violation of the provisions of this chapter.

(Ord. No. 93, § 2(2.18), 9-8-1987)

Any person who fails to comply with the provisions of this chapter or any order of the zoning administrator, zoning committee, board of adjustment or county board issued in accordance with this chapter or resists enforcement shall, upon conviction, forfeit not less than $10.00, nor more than $500.00 per offense, and the costs of prosecution for each violation and in default of such payment shall be imprisoned in the county jail for a period not to exceed six months. Each day a violation exists or continues shall constitute a separate offence.

(Ord. No. 289, § 1(2.19), 5-9-2000;Ord. No. 695, 4-15-2025)

(a)

Notice. Whenever a public hearing is required under the terms of this chapter, a class 2 notice shall be given as per Wis. Stats. § 985.07. Such notice shall specify the date, time and location of the hearing and the matter to be presented. All such hearings shall be held before the zoning committee or the board of adjustment.

(b)

Prohibition. No hearing shall be held for any property where taxes are shown as being delinquent, as determined by the Waushara County Treasurer.

(Ord. No. 76, § 2.17, 3-13-1984; Ord. No. 490, 2-12-2008)

Pursuant to Wis. Stats. § 59.68, there is created a county zoning committee. The zoning committee shall consist of five members, four county board supervisors, who are elected by the county board and one citizen member who is appointed by the county board chair with confirmation of the county board. Such positions shall be for terms of two years. From its members, the zoning committee shall elect a chair, vice-chair and secretary whose terms shall be for two years.

(Ord. No. 76, § 24.01(1), 3-13-1984; Ord. No. 497, 5-13-2008)

Subject to change by the county board, the zoning committee may adopt such rules and regulations governing its procedure as it considers necessary or advisable. Meetings of the zoning committee are held at the call of its chair and at such other times as the committee may determine. When a special meeting of the committee is requested, the person requesting such meeting shall pay a sum sufficient to pay any expenses incurred by the county in conducting the special meeting pursuant to division 7, of this article. All meetings of the committee shall be open to the public. The zoning committee 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 committee and shall be a public record.

(Ord. No. 76, § 24.01(2), 3-13-1984)

The zoning committee shall have such powers and duties as are prescribed by this chapter and Wis. Stats. § 59.69, and shall act as the county planning agency pursuant to Wis. Stats. § 236.02(1). The zoning committee shall appoint a county zoning administrator for the administration and enforcement of the provisions of this chapter, and shall be responsible for overseeing the office of the zoning administrator. It may authorize the town chair of each town to appoint a deputy zoning agent to assist in the enforcement and administration of this chapter. Compensation for the deputy zoning administrator shall be the responsibility of the town. The zoning committee shall keep a record of planning and zoning studies, its resolutions, transactions, findings and determinations.

(Ord. No. 76, § 24.01(3), 3-13-1984)

There is created the office of the county zoning administrator.

(Ord. No. 76, § 24.02(1), 3-13-1984)

In administering and enforcing this chapter, the county zoning administrator and any of his deputies shall perform the following duties:

(1)

Provide necessary forms for applications for use permits, advise applicants as to the provisions of this chapter and provide assistance in preparing applications.

(2)

Issue land use permits, conditional use permits and certificates of compliance where the provisions of this chapter have been complied with.

(3)

Survey the county, upon the adoption of this chapter and, when necessary upon the passage of amendments, identify and record information relative to nonconforming uses and structures.

(4)

Maintain files of applications; zoning committee, county board or zoning administrator actions on such applications; permits issued; inspections made; enforcement actions taken and other relevant information.

(5)

Make administrative decisions and determinations as are assigned to the zoning administrator under the terms of this chapter.

(Ord. No. 76, § 24.02(2), 3-13-1984)

The county zoning administrator and his duly appointed deputies shall have the powers and authority including, but not limited to, the following:

(1)

At any reasonable time, and for any proper purpose, to enter upon any public or private premises and make inspection thereof.

(2)

Upon reasonable cause or question as to proper compliance, to revoke any land use permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter.

The responsibilities of the administrator may be delegated by the administrator to personnel employed by or assigned to the zoning department.

(Ord. No. 76, § 24.02(3), 3-13-1984; Ord. No. 317, § 1.08, 5-8-2001)

Pursuant to Wis. Stats. § 59.694, there is created a county board of adjustment for the purpose of hearing certain appeals and applications and granting variances from the provisions of this chapter.

(Ord. No. 76, § 25.01, 3-13-1984)

(a)

The membership of the board of adjustment shall consist of five regular members and two alternate members. Of the regular members one shall be a county board supervisor, and four shall be citizen members. Both alternate members shall be citizen members. All members of the board of adjustment shall reside in the unincorporated areas of the county. No two members of the board of adjustment shall reside in the same town. The terms of the county board member of this board shall coincide with his term as county board supervisor. All regular citizen members shall have a term of three years and the citizen alternate members shall have staggered three-year terms. All terms shall commence upon appointment and appointments shall be made at the regularly scheduled April county board meeting. Vacancies shall be filled for an unexpired term in the same manner as appointments for a full term.

(b)

The board of adjustment shall select its own chair and other officers, except that annually the county board chair shall designate one alternate members as the 1st alternate and the other as the 2nd alternate. Official oaths shall be taken by members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointment (Wisconsin Act 34).

(Ord. No. 76, § 25.02, 3-13-1984; Ord. No. 438, 3-14-2006; Ord. No. 497, 5-13-2008)

(a)

The county board shall adopt rules for the conduct of the business of the board of adjustment, in accordance with the provisions of any ordinance adopted pursuant to Wis. Stats. § 59.69. The board of adjustment may adopt further rules as necessary to carry into effect the regulations of the county board.

(b)

Meetings of the board of adjustment are held at the call of its chair and at such other times as the board may determine. When a special meeting of the board is requested, the person requesting such meeting shall pay a sum sufficient to pay any expenses incurred by the county in conducting the special meeting pursuant to division 7 of this article. The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(c)

The board of adjustment shall keep minutes of its proceedings, showing the work 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 board and shall be a public record.

(d)

The 1st alternate member shall act, with full power, when a regular member of the board of adjustment refuses to vote because of a conflict of interest or is absent. The 2nd alternate member shall act, with full power, when the 1st alternate member refuses to vote because of a conflict of interest or is absent, or if more than one regular member of the board of adjustment refuses to vote because of a conflict of interest or is absent (Wisconsin Act 34).

(Ord. No. 76, § 25.03, 3-13-1984; Ord. No. 438, 3-14-2006)

Powers of the board of adjustment are as follows:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement or administration of this chapter.

(2)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship or be unnecessarily burdensome, and so that the spirit of the chapter shall be observed and substantial justice done. If any application for a variance has been denied by the board of adjustment, the applicant may not reapply for the same or substantially the same variance within 12 months of the date the decision was made on the initial application.

(3)

To grant variances for renewable energy resource systems. If the board denies an application for a variance for a renewable energy resource system, the board shall provide a written statement of its reasons for denying the application.

(4)

To authorize, pursuant to section 58-235, expansion of or changes to nonconforming uses.

(5)

To interpret the zoning regulations including, but not limited to, the classification of unclassified uses pursuant to section 58-231 and the determination of zone boundary lines pursuant to section 58-278.

(Ord. No. 76, § 25.04, 3-13-1984; Ord. No. 591, 3-15-2016; Ord. No. 624, 3-20-2018)

The following are principles that shall guide the county board of adjustment:

(1)

The burden is upon the appellant to prove the need for a variance.

(2)

Pecuniary hardship, loss of profit, self-imposed hardships, such as that caused by ignorance, deed restrictions, proceeding without a permit, or illegal sales, are not sufficient reasons for granting a variance.

(3)

The board is bound to accept this chapter and the zoning map as being correct.

(4)

The plight of the appellant must be unique, such as a shallow or steep parcel of land, or situation caused by other than his own action.

(5)

The hardship justifying a variance must apply to an individual appellant's parcel or structure and not generally to other properties in the same district.

(6)

The variance must not be detrimental to adjacent properties.

(7)

The board of adjustment in fulfilling its duties may modify, alter or change an application.

(8)

The board of adjustments may, upon consideration of the factors listed in this section and the purposes of this chapter, attach reasonable and related conditions, in addition to those required by specific permits, as it deems necessary in furthering the purposes of this chapter. Such conditions may include modification of the private on site wastewater treatment system, water supply, landscaping, re-vegetation, and removal or modification of other non-conforming structures that may exist on the property. If re-vegetation is required, the standards contained in NRCS 643A and Wisconsin Biology Technical Note #1 - Shoreland Habitat shall be used to determine adequacy.

(Ord. No. 76, § 25.05, 3-13-1984; Ord. No. 421, 4-12-2005; Ord. No. 438, 3-14-2006)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector or other administrative officer. Such appeal shall be taken within ten calendar days of the decision by such administrative officer by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. At the time of the appeal, a fee in an amount on file at the zoning office shall be paid to the county.

(Ord. No. 76, § 25.06, 3-13-1984)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. No. 76, § 25.07, 3-13-1984)

The board of adjustment shall fix a reasonable time for the hearing of the appeal and publish a class 2 notice thereof under Wis. Stats. ch. 985, as well as give 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.

(Ord. No. 76, § 25.08, 3-13-1984)

In exercising the powers described in section 58-104, such board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that shall have all the powers of the officer from whom the appeal is taken.

(Ord. No. 76, § 25.09, 3-13-1984)

The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in an ordinance.

(Ord. No. 76, § 25.10, 3-13-1984)

Any persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board.

(Ord. No. 76, § 25.11, 3-13-1984)

Any persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality may, within 30 days after the filing of the decision in the office of the board, commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

(Ord. No. 76, § 25.12, 3-13-1984)

Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this division shall have preference over all other civil actions and proceedings.

(Ord. No. 76, § 25.13, 3-13-1984)

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the county board may, by ordinance, change the district boundaries (rezone) or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the zoning committee.

(Ord. No. 76, § 26.01, 3-13-1984)

A petition for amendment of any county zoning ordinance may be made by any property owner in the area to be affected by the amendment, by the town board of any town wherein the chapter is in effect, by any member of the county board, or by the zoning administrator.

(Ord. No. 76, § 26.02, 3-13-1984)

(a)

Petitions for any change to the district boundaries or amendments to the regulations of this chapter shall be filed with the zoning office (who is acting on behalf of the county clerk for this purpose), describing the premises to be rezoned or the regulations to be amended, listing the reasons justifying the petition, specifying the proposed use and having attached the following:

(1)

A site plan drawn to scale not less than one inch to 400 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.

(2)

The owner's list of names and addresses of all properties lying within 300 feet of the area proposed to be rezoned.

(3)

Additional information required by the zoning committee or county board.

(4)

Payment of a fee in the amount on file at the zoning office to defray the cost of administration, investigation, advertising and processing of the amendment application.

(b)

If a petition for a boundary change (rezoning) or amendment has been denied by the county board, the petitioner may not re-petition for the same or substantially the same change or amendment within 12 months of the date the decision was made on the initial petition.

(c)

The zoning office shall immediately refer such petition to the zoning committee for its consideration, report and recommendations. A reporting of all petitions referred under this section shall be made to the county board at its next succeeding meeting.

(Ord. No. 76, § 26.03, 3-13-1984; Ord. No. 496, 5-13-2008)

Upon receipt of the petition by the agency it shall call a public hearing on the petition. Notice of the time and place of the hearing shall be given by publication in the county of a class 2 notice, under Wis. Stats. ch. 985. If an amendment to an ordinance, as described in the petition, has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the zoning agency. If the petition is for any change in an airport affected area, as defined in Wis. Stats. § 62-23(6)(am)1.b., the agency shall mail a copy of the notice to the owner or operator of the airport bordered by the airport affected area. A copy of such notice shall be mailed by registered mail to the town clerk of each town affected by the proposed amendment, and shall be submitted to the appropriate district office of the state department of natural resources where section 58-395 applies.

(Ord. No. 76, § 26.04, 3-13-1984; Ord. No. 490, 2-12-2008)

If a town affected by the proposed amendment disapproves of the proposed amendment, the town board of such town may file a certified copy of the resolution adopted by such board disapproving of the petition with the zoning committee prior to, at or within ten days after the public hearing. If the town board of the town affected in the case of an ordinance relating to the location of boundaries of districts files such a resolution, or the town boards of a majority of the towns affected in a case of all other amendatory ordinances file such resolutions, the zoning committee may not recommend approval of the petition without change, but may only recommend approval with change or recommend disapproval. A town may extend its time for disapproving any proposed amendment by 20 days if the town board adopts a resolution providing for the extension and files a certified copy of the resolution with the clerk of the county in which the town is located. The 20-day extension shall remain in effect until the town board adopts a resolution rescinding the 20-day extension and files a certified copy of the resolution with the clerk of the county in which the town is located.

(Ord. No. 76, § 26.05, 3-13-1984; Ord. No. 490, 2-12-2008)

(a)

As soon as possible after such public hearing, the zoning committee shall act, subject to section 58-135 on such petition either approving, modifying and approving, or disapproving of the petition. 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 such proposed ordinances directly to the county board with its recommendations. If the zoning committee, after its public hearing, shall recommend denial of the petition, it shall report its recommendation directly to the county board with its reasons for such action. Proof of publication of the notice of the public hearing held by the zoning committee and proof of the giving of notice to the town clerk of such hearing shall be attached to either report. Notification of the town board resolutions filed under section 58-135 shall be attached to either such report.

(b)

Upon receipt of such report, the county board may adopt the ordinance as drafted by the zoning committee or with amendments, or it may deny the petition for amendment, or it may refuse to deny the petition as recommended by the zoning committee in which case it shall re-refer the petition to the zoning committee with directions to draft an ordinance to effectuate the petition and report the same back to the county board which may then adopt or reject such ordinance.

(Ord. No. 76, § 26.06, 3-13-1984)

In case a protest against a proposed amendment is filed with the county clerk at least 24 hours prior to the date of the meeting of the county board at which the report of the zoning committee is to be considered, duly signed and acknowledged by the owners of 50 percent or more of the area proposed to be altered, or by abutting owners of over 50 percent of the total perimeter of the area proposed to be altered included within 300 feet of the parcel proposed to be rezoned, action on such ordinance may be deferred until the zoning committee has had a reasonable opportunity to ascertain and report to the county board as to the authenticity of such ownership statements. Each signer shall state the amount of area or frontage owned by him. If such statements are found to be true, such ordinance shall 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, such protest may be disregarded. If a proposed amendment under this paragraph would make any change in an airport affected area, as defined under 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 with the clerk at least 24 hours prior to the date of the meeting of the board at which the report of the zoning agency is to be considered, no ordinance which makes such a change may be enacted except by the affirmative vote of two-thirds of the members of the board present and voting.

(Ord. No. 76, § 26.07, 3-13-1984; Ord. No. 490, 2-12-2008)

If any such amendatory ordinance makes only the change sought in the petition and if the petition was not disapproved at or within ten days after the public hearing by the town board of the town affected in the case of an ordinance relating to the location of district boundaries or by the town boards of a majority of the towns affected in the case of all other amendatory ordinances, it shall become effective on passage. The county clerk shall record in his office the date on which such ordinance becomes effective, and he shall notify the town clerk of all towns affected by such ordinance of such effective date and also insert such effective date in the proceedings of the county board. Any other such amendatory ordinance, when so adopted, 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 such ordinance are located. If after 40 days from the date of such adoption a majority of the towns have not filed certified copies of resolutions disapproving such amendment with the county clerk, the amendment shall thereupon be in effect in all of the towns affected by the ordinance. Any such ordinance relating to the location of boundaries of districts shall within seven days after adoption by the county board be transmitted by the county clerk by registered mail only to the town clerk of the town in which the lands affected by such change are located and shall become effective 40 days after the adoption of the ordinance by the county board unless such town board prior to such date files a certified copy of a resolution disapproving of such ordinance with the county clerk. If such town board approved the ordinance, such ordinance shall become effective upon the filing of the resolution of the town board approving the same with the county clerk. The county clerk shall record in his office the date on which such ordinance becomes effective and he shall notify the town clerk of all towns affected by such ordinance of such effective date and also make such report to the county board, which report shall be printed in the proceedings of the county board.

The county zoning agency shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance or amendment that affects the allowable use of the property owned by the person. If the county zoning agency completes a draft of a proposed zoning ordinance or if the agency receives a petition, the agency shall send a notice, which contains a copy of the proposed ordinance or petition, to each person on the list whose property, the allowable use of which, may be affected by the proposed ordinance or amendment. The notice shall be by mail or in any reasonable form that is agreed to by the person and the agency. The agency may charge each person on the list who receives a notice a fee that does not exceed the approximate cost of providing the notice to the person. An ordinance or amendment that is subject to this paragraph may take effect even if the agency fails to send the notice that is required by this paragraph.

(Ord. No. 76, § 26.08, 3-13-1984; Ord. No. 490, 2-12-2008)

The primary purpose of issuing permits is to ensure compliance with the provisions of this chapter. Applications for permits within designated floodplain areas shall comply with the provisions of this division and chapter 18 of this Code. Applications for highway access permits shall comply with section 58-828. Where a state permit is required under Wis. Stats. §§ 30.19, 30.12, 30.195, or 30.20, or any other applicable state regulation, such permit shall accompany applications for permits under this division. Any permit issued under this division shall be conspicuously posted on the site where the permitted activity is conducted.

(Ord. No. 88, § 2(2.03), 6-9-1987)

(a)

Required; exception. All uses listed as permanent uses within the respective zones require a land use permit, except that no permit is required for a structure or remodeling if the proposed work is less than $2,000.00 market value and less than 150 square feet in area. In the event work is conducted within the shoreland area, a "no-fee" land use permit shall be required when the structure or remodeling is below the previously outline requirements. All applicable setbacks and other provisions of this chapter shall be complied with.

(b)

Application. Applications for land use permits shall be made to the zoning administrator on forms furnished by the zoning administrator, including fees which are on file in the zoning office. The zoning administrator may require the applicant to furnish a preliminary site plan containing the information listed in section 58-164.

(c)

Decision. The zoning administrator shall, in writing, grant or deny the land use permit within 30 days of the date of the application except where a preliminary site plan is required, in which case, the permit shall be granted or denied within 60 days. Upon granting the land use permit, the zoning administrator may require that a final site plan be filed as part of the records for the permit issued.

(d)

Prohibition. No land use permit shall be issued for any property where taxes are shown as being delinquent, as determined by the Waushara County Treasurer, or where there exists on the same property, or any other property owned by the same party, an outstanding violation of any county code, unless the issuance of such land use permit will result in compliance with such code.

(Ord. No. 88, § 2, 6-9-1987; Ord. No. 90, § 1(2.03(1)), 6-9-1987; Ord. No. 470, 3-13-2007; Ord. No. 512, 3-10-2009; Ord. No. 635, 3-19-2019; Ord. No. 676, 4-18-2023)

(a)

Required. All uses listed as conditional uses within the respective zones require a conditional use permit.

(b)

Application. Applications for conditional use permits shall be made to the zoning administrator on forms furnished by the zoning administrator. The application shall be accompanied by a preliminary site plan containing the information listed in section 58-164 and fee payment as on file at the zoning office.

(c)

Hearing. The zoning administrator shall screen applications for completeness; and determine whether the proposed use may be considered as a conditional use in the underlying zone or whether the proposal should be considered as a permitted or conditional use in another zone. If the zoning administrator determines that the proposed application and use are complete and appropriate as presented, he/she shall fix a reasonable time and place for public hearing before the zoning committee on the application. Notice of the time and place of such hearing shall be given by publication in the county of a class II notice under Wis. Stats. ch. 985.

(d)

Standards in reviewing. In reviewing proposed conditional uses, the zoning committee shall be guided by the following standards and requirements. Additional standards as enumerated in section 58-236 shall apply to selected conditional uses.

(1)

All conditional uses must be in accordance with the purpose and intent of this chapter and shall not be hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the county and its communities.

(2)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required for all conditional uses.

(e)

Conditions attached to conditional use permits. Upon consideration of the factors listed in subsection (d) of this section and the purposes of this chapter, the zoning committee may attach such conditions, in addition to those required by specific permits, as it deems necessary in furthering the purposes of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, modification of sewage disposal and water supply facilities, modification of other waste disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restrictions, and adequate floodproofing. When floodproofing is required, the zoning committee shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area.

(f)

Review by town board. The county zoning administrator shall mail to the clerk of the town within which the conditional use is proposed a copy of all maps, plans and other documents submitted by the applicant for a conditional use permit and notice of the time and place of the public hearing to be held on the proposed conditional use. Such information shall be mailed at least ten days prior to the hearing. The town board or its representative may attend the hearing and in any event may then or earlier indicate its position with regard to granting, denying, granting in part or conditionally the application. Failure of the town board to communicate its position on the application shall be deemed to constitute approval by the town board of whatever action the zoning committee may take. If the town board or its representative shall at such hearing request an extension, it shall be granted for a period which the zoning committee shall consider reasonable.

(g)

Decision. The zoning committee shall decide all applications within 90 days after the public hearing and shall transmit a signed copy of its decision to the applicant and to the town clerk of the town in which the subject site is located. Upon granting of the conditional use permit, a final site plan shall be filed as part of the records for the permit issued. The final site plan shall include all the information required under section 58-164. If an application for a conditional use permit has been denied, the applicant may not reapply for a conditional use permit involving the same or substantially the same use within 12 months of the date the decision was made on the initial application.

(h)

Discontinuance. If the conditional use is discontinued for 12 consecutive months or more, any future use of the structure or premises shall not be re-established without a hearing, as required in subsection (c) above.

(i)

Appeals of a decision by the planning and zoning committee as it relates to a conditional use permit shall be made to the circuit court in accordance with the procedures contained in Wis. Stats. § 59.694(10).

(Ord. No. 76, § 2.03(2), 3-13-1984; Ord. No. 289, § 1(2.03(2)), 5-9-2000; Ord. No. 490, 2-12-2008; Ord. No. 610, 4-18-2017; Ord. No. 624, 3-20-2018)

A preliminary site plan containing the applicable information listed in this section shall accompany applications for conditional use permits, variances, and zone changes and shall accompany applications for land use permits for all accessory buildings on vacant lands, for accessory structures exceeding one story in height, and where required by the zoning administrator or other sections of this chapter. In the case of a variance application to a side, rear, front, or road setback, a site plan shall include a plat of survey showing all improvements, or a certified survey map, unless there is such a survey or recorded subdivision plat on file, and all existing irons identifying the property lines are found. In addition, any placement of any structure, which requires a land use or conditional use permit, shall be required to submit a preliminary site plan, including color photographs of any pre-assembled structure, used structure, or travel trailer, as well as a detailed description of materials and methods of finishing the exterior. Required site plan information shall be as follows:

(1)

Topography of the site including slopes, drainage courses, navigable waters, wetland areas and elevations of the proposed building sites.

(2)

Existing tree and other vegetative cover.

(3)

The ordinary high-water mark of abutting navigable water.

(4)

The exact location of the lot lines and the area of the lot.

(5)

The site of all existing and proposed structures and buildings on the subject property, including underground and surface storage areas, sanitary facilities and the location of all structures and buildings within 100 feet on adjoining properties.

(6)

The proposed uses.

(7)

The engineering design for all work in respect to waterways or floodproofing.

(8)

The dimensions and location of areas to be graded including the original and final elevations of the area.

(9)

The location and dimensions of areas to be filled including the original and final elevations and the type of fill material to be used.

(10)

When not serviced by a public sewer system, a county sanitary permit issued pursuant to article II, chapter 38 of this Code.

(11)

Landscaping including proposed tree cutting and/or walls or fences to be used for screening.

(12)

Design of the ingress and egress.

(13)

Off-street parking.

(14)

Height of all structures where height standards prevail.

(15)

The locations and types of all signs.

(16)

Locations and widths of existing and proposed rights-of-way.

(17)

In the case of development projects that, in the opinion of the zoning administrator, have the potential of being hazardous, harmful, offensive or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the county and its communities, or contrary to the purposes and intent of this chapter, impact studies and analysis prepared by a qualified individual including, but not limited to, environmental reports, assessments, or impact statements, as deemed necessary by the county or its agent or representative. The cost for such a study or analysis shall be paid in accordance with subsection 58-8(c).

(18)

Elevation drawings showing all four sides of proposed structures.

(19)

A floor plan showing all proposed interior walls, cabinetry, appliances, plumbing fixtures, and uses of the space being proposed shall be submitted with a permit application.

(20)

Additional information as required by the zoning administrator.

(Ord. No. 76, § 2.03(3), 3-13-1984; Ord. No. 289, § 1(2.03(3)), 5-9-2000; Ord. No. 470, 3-13-2007; Ord. No. 490, 2-12-2008; Ord. No. 591, 3-15-2016)

The zoning committee or zoning administrator may require that a certificate of compliance be obtained for any use for which a variance, conditional use permit, or land use permit has been granted. The zoning administrator shall issue such certificate upon inspecting the site and determining that the use, buildings and premises are in conformance with the provisions of this chapter. A certificate of compliance shall be obtained when there is a change of any nonconforming use.

(Ord. No. 76, § 2.03(4), 3-13-1984)

(a)

All land use and conditional use permits shall expire within one year of the date of issuance, except that an extension for a period of up to one additional year may be granted by the zoning committee upon the showing of valid cause. A fee for such extension shall be charged. All structures shall be completed within the life of the permit. For the purposes of this section, a structure shall be deemed complete when all exterior siding, roofing, doors, windows and trim have been installed.

(b)

Any permit issued in conflict with the provisions of this chapter shall be null and void.

(c)

Voluntary termination of a permit. The applicant or holder of any land use or conditional use permit issued by the Waushara County Land Conservation and Zoning Office may give notice in writing to the department of a request to terminate the permit. The planning and zoning committee shall place the request on their agenda and take official action regarding the voluntary request to terminate at their earliest convenience. Upon such termination, the owner of the premises shall bring all such land and buildings into conformity with the district in which it is located, and all other provisions of this Code, within 60 days of the date of termination.

(d)

Termination of a permit by committee action. If the planning and zoning committee finds that the applicant or holder of any land use or conditional use permit issued by the Waushara County Land Conservation and Zoning Office is in violation of the terms of the permit issuance or this chapter, it has the authority to permanently revoke the permit, and issue orders to bring the property into compliance with the provisions of this Code, and other state and local regulations.

(Ord. No. 159, § 3(2.05), 6-9-1992; Ord. No. 396, 3-9-2004; Ord. No. 421, 4-12-2005; Ord. No. 591, 3-15-2016)

The following uses are exempted from the requirements of section 58-161 and division 7 of this article and are permitted in any zone: Poles, towers, wires, cables, conduits, vaults, laterals, pipe, mains, valves or any other similar distribution equipment for telephone or other communications and electric power, gas, water and sewer lines.

(Ord. No. 76, § 2.06, 3-13-1984; Ord. No. 532, 3-8-2011; Ord. No. 610, 4-18-2017; Ord. No. 635, 3-19-2019)

(a)

A land use permit is required for placement of all new wireless communication facilities, Class 1 co-locations and Class 2 co-locations. In addition to the other requirements of this Code, a complete application shall contain all of the following information:

(1)

The name and business address of, and the contact individual, for the applicant.

(2)

The appropriate fee as indicated on the current fee schedule posted in the land conservation and zoning office.

(3)

The location of the proposed or affected support structure.

(4)

The location of the proposed mobile service facility.

(5)

A construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications, if the application is for a Class 2 co-location or to substantially modify an existing support structure that constitutes a Class 1 co-location.

(6)

If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

(7)

If an application is to construct a new mobile service support structure, an explanation as to why the applicant has chosen the proposed location and why the applicant did not choose co-location on an existing facility, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

(8)

Any new mobile support structures shall be setback from the nearest property lines and any other structures a distance of not less than 75 percent of the total height, unless the applicant provides an engineering certification that shows the new or substantially modified mobile service support structure is designed to collapse within a smaller area than the aforementioned setback limit.

(9)

The application shall indicate that emergency contact information shall be posted at the wireless communication facility and filed with the Waushara County Sheriff's Department. This information shall be kept current with the ownership and maintenance of the facility.

(10)

All new wireless communications facilities that are 200 or more feet in height shall be painted alternate aviation orange and white, and shall be outfitted with dual lighting mechanisms, including daytime strobes and nighttime red incandescent lighting. Said lighting shall be shielded causing light rays to be cast upward, resulting in minimum hazard disturbance to the surrounding vehicular traffic or recreational traffic on the ground within a radius of five times the structure height above grade unless otherwise required by federal or state regulation. Any security lighting used to illuminate the compound shall also be shielded to direct light rays downward to keep light within the boundaries of the site.

(11)

All towers that have guy wires, shall have the outermost guy wires outfitted with large orange balls for increased visibility by small aircraft in accordance with recommendations by the FAA.

(12)

Upon cessation of the operation of the tower, the tower and other improvements to the property shall be removed. The applicant shall furnish sureties which will enable the county to remove such improvements if the applicant/owner fails to do so. The amount of such sureties shall be determined by the zoning administrator but shall not exceed $20,000.00. The form and type of such sureties shall be approved by the corporation counsel. Such fiscal surety shall be periodically checked (no less than once every three years) for sufficiency and validity. The site shall also be inspected periodically for viability and code compliance. The fiscal surety and the site shall be considered valid and up to date upon a favorable review of the fiscal surety, and the operation and maintenance of the facility by the zoning committee and corporation counsel. All local units of government within the county shall be exempted from having to furnish fiscal sureties.

(b)

If the application is submitted under this section, but it is determined that the application is not complete, the land conservation and zoning office shall notify the applicant in writing that the application is not complete within ten days of the date of receiving the application, pertinent attachments, and fee.

(c)

Within 90 days of the receipt of a completed application for a new wireless communications facility or a class 1 co-location, or within 45 days of the receipt of a completed application for a class 2 co-location, the land conservation and zoning department shall complete its review and determination on the application, except that the applicant and the department can agree in writing to an extension to the 45- or 90-day period.

(Ord. No. 576, 3-18-2014; Ord. No. 610, 4-18-2017; Ord. No. 684, 3-19-2024)

The zoning committee shall establish fees to be paid by the person requesting the permit or variance to the zoning administrator or authorized deputy at the time of filing to defray the cost of administration, investigation, advertising and processing of permits and variances. These fees shall be kept on file at the zoning office and may be modified from time to time by the zoning committee.

(Ord. No. 307, § 2(2.04), 12-12-2000; Ord. No. 360, 11-12-2002)

Fees for special meetings of the zoning committee or board of adjustment shall be determined by the chair of the committee.

(Ord. No. 211, § 1(2.04(2)), 11-14-1995)

All local units of government within the county shall be exempted from any fees required by this division.

(Ord. No. 211, § 1(2.04(3)), 11-14-1995)

Fees for permits, when the applicant applies for such permits after a use has commenced or a structure has been wholly or partially erected for which a permit is required under the provisions of this chapter, shall be triple the amount on file at the zoning office. Payment of such fee shall not exempt the applicant from any penalty imposed under section 58-42.

(Ord. No. 211, § 1(2.04(4)), 11-14-1995; Ord. No. 610, 4-18-2017)