The purpose of this chapter is to establish:

(1)

Responsibilities for administration of this chapter;

(2)

Procedural requirements for zoning text amendments, zoning map amendments, conditional use permits, site plan review, variance requests, appeals, zoning permits, and density-based zoning tracking; and

(3)

Enforcement procedures and penalties for noncompliance.

(1)

ESTABLISHMENT. The Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter.

(2)

DUTIES AND RESPONSIBILITIES. The general duty of the Zoning Administrator is to interpret and administer this chapter, Chapter 18, Chapter 20, Chapter 21, and Chapter 22. 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 and those other chapters listed above.

(b)

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

(c)

Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional use permits, zoning permits, site plans, variances, appeals, inspections, interpretations, applications, density-based zoning tracking, and other official actions.

(d)

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

(e)

Receive, file and forward all applications for all procedures governed by this chapter to the designated official review and approval bodies, along with all appropriate technical information and/or reports to assist such bodies in making their decisions.

(f)

Provide primary staff support to the Land Services Committee and the Zoning Board of Adjustment, including the scheduling of public hearings and other meetings and site visits and the recording of the actions, recommendations, and minutes of such bodies. (Am. #2018-05-659)

(g)

Issue zoning permits, and administer paperwork for all other development approvals described in this division.

(h)

Review and approve site plans for land uses that are permitted by right under this chapter prior to the issuance of zoning permits for such uses.

(i)

Make interpretations regarding the provisions of this chapter in a manner that is consistent with the purpose of this chapter, the applicable chapter section(s), and the comprehensive plan. An interpretation may be requested by the owner(s) of a property, the Land Services Committee, or the County Board, or an interpretation may be initiated by the Zoning Administrator. All interpretations are subject to appeal to the Zoning Board of Adjustment per the procedures in Section 17.8.65. (Am. #2018-05-659)

(j)

Make available to the public, to the fullest extent possible, all reports, documents, and maps concerning the County's comprehensive plan and ordinances. The Zoning Administrator may set fees necessary to recover the cost of providing such information.

(k)

Investigate all complaints made relating to the location and use of structures, lands, and waters and fulfill enforcement functions proscribed under Section 17.8.80.

(l)

Prohibit the use of land or placement of any structure until he has inspected and approved such use or placement.

(m)

Inspect and approve new well locations and private on-site and group waste treatment systems prior to their use, per the provisions of Chapter 22 of the Lincoln County Code of Ordinances.

(1)

ESTABLISHMENT. The Land Services Committee, as established under §59.69, Wis. Stats., is the County agency with primary responsibility over this chapter. See also Section 2.07(5) of the Lincoln County Code of Ordinances. (Am. #2018-05-659)

(2)

DUTIES AND RESPONSIBILITIES. The Land Services Committee shall have the following specific duties and responsibilities pertaining to this chapter: (Am. #2018-05-659)

(a)

Advise the County Board on appropriate amendments and updates to the comprehensive plan, following procedures established under §§59.69 and 66.1001, Wis. Stats., and within the comprehensive plan.

(b)

Hear advice from the Zoning Administrator and others on desirable amendments to the text of this chapter or the Official Zoning Map, and initiate amendments as it deems appropriate, following the procedures in Sections 17.8.20 and 17.8.25.

(c)

Advise the County Board on appropriate amendments to the text of this chapter or to the Official Zoning Map, following procedures established under §59.69, wis. Stats., and in Sections 17.8.20 and 17.8.25.

(d)

Review and decide on requests for conditional use permits, including associated site plans where required, following the procedures in Section 17.8.30.

(e)

Oversee the work program and budget for the Zoning Administrator and his office.

(f)

Advise the Zoning Administrator on enforcement of the provisions of this chapter and on other matters as requested by the Zoning Administrator.

(g)

Satisfy other duties assigned or referred by the County Board or Wisconsin Statutes.

(3)

RECORDING OF ACTIONS. All actions and recommendations of the Land Services Committee shall be in writing. A recording thereof in the Committee's minutes may constitute the required written action or recommendation. (Am. #2018-05-659)

(1)

ESTABLISHMENT. A Zoning Board of Adjustment is hereby established. The Zoning Board of Adjustment shall consist of 3 members and 2 alternate members appointed by the Chair of the County Board, subject to the approval of the County Board, according to procedures established under §59.694(2), Wis. Stats. The 2 alternate members shall be appointed for staggered 3-year terms. The Chair of the County Board shall annually designate one of the alternate members as the first alternate and the other as the second alternate and such alternates shall have the authority as designated in §59.694(2)(am), Wis. Stats. The Board of Adjustment shall appoint a chair and other officers and shall adopt such rules as it deems necessary, following all applicable requirements under §59.694, Wis. Stats. (Am. #2021-12-709)

(2)

DUTIES AND RESPONSIBILITIES. The Zoning Board of Adjustment shall have the following specific duties and responsibilities pertaining to this chapter, Chapter 20, Chapter 21, and Chapter 22 of the Lincoln County Code:

(a)

Hear and decide appeals where it is alleged that there is an error in any interpretation, order, requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this chapter, Chapter 20, Chapter 21, or Chapter 22 of the Lincoln County Code.

(b)

Reserved. (Am. #2018-05-659; Dltd. #2024-02-751)

(c)

Authorize such variances from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(3)

RECORDING OF ACTIONS.

(a)

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

(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 both the Chair and Secretary of the Board. Such decision shall state the specific facts that are the basis for the Board of Adjustment's decision; shall either affirm, reverse, or modify any order, requirement, interpretation, or any determination of the Zoning Administrator or, in the case of an appealed decision on a conditional use permit, the Land Services Committee; shall specify any required conditions of approval; and shall specify the extent of any variance granted. (Am. #2018-05-659)

(c)

The Zoning Administrator shall, within 10 days of any decision of the Board of Adjustment, transmit a signed copy of the written decision of the Board of Adjustment to the applicant and, if the action affects resources under its jurisdiction, the appropriate office of WisDNR.

(4)

REVIEW BY COURT OF RECORD. Any persons aggrieved by any decision of the Board of Adjustment may appeal the decision by filing an action in certiorari in the Lincoln County Circuit Court within 30 days of the decision, setting forth that such decision is illegal and specifying the grounds of the illegality. Lincoln County assumes no liability for and makes no warranty as to reliance on this decision if construction is commenced prior to expiration of this 30-day period.

(1)

PURPOSE. The purpose of this section is to provide procedures for the review of proposed amendments to the provisions of this chapter not including the Official Zoning Map. The County Board may from time to time amend, remove, or add to such provisions in the manner provided by §59.69, Wis. Stats., including town consent provisions described below.

(2)

PETITION. Amendments to one or more provisions of this chapter shall be initiated by the filing of a petition on a form provided by the Zoning Administrator. Such petition may be filed by any property owner affected by the provision of this chapter, the town board of any town in which the provision is in effect, any member of the County Board, or the Land Services Committee. To be determined complete by the Zoning Administrator, the petition shall include: (Am. #2018-05-659)

(a)

The current provision(s) of this chapter proposed to be amended or deleted;

(b)

The text proposed to replace the current provision(s) of this chapter. The petitioner is encouraged to consult with the Zoning Administrator in advance of preparing such text to ensure that it is in proper format;

(c)

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

(d)

The required review fee, as provided through the fee schedule approved annually by the Land Services Committee. (Am. #2018-05-659)

(3)

ZONING ADMINISTRATOR REPORT. The Zoning Administrator or his designee shall prepare a report on the petition, evaluating it based on its harmony with the purposes of this chapter, the division or section in which the amendment is proposed, the comprehensive plan, State and Federal law, and sound planning and zoning principles. The Zoning Administrator may contact the petitioner to inquire whether certain changes to the petition may be desired in light of this evaluation prior to the formal review process described below.

(4)

PUBLIC HEARING. Per §59.69(5)(e)2, Wis. Stats., the Zoning Administrator shall cause to be scheduled and noticed a public hearing before the Land Services Committee. Not less than 10 days before the public hearing, the Zoning Administrator shall mail the petition and a public hearing notice to the Land Services Committee, the County Clerk, the petitioner, the clerks of all affected towns, the owner or operator of any airport if the petition would affect an airport affected area under §62.23(6)(am), Wis. Stats., the appropriate district office of WisDNR if required under subsection (9) below, and other interested parties on a request basis. The Zoning Administrator's report shall also be provided to the Land Services Committee and petitioner in advance of the hearing, and to other interested parties on a request basis. (Am. #2018-05-659)

(5)

TOWN ACTION. If a town affected by the proposed amendment disapproves of the proposed amendment, the town shall file a certified copy of a resolution adopted by the town board disapproving of the proposed amendment with the Zoning Administrator. The procedures, required timeframes, and effects of town action shall be as specified in §59.69(5)(e), Wis. Stats.

(6)

COMMITTEE RECOMMENDATION. As soon as possible following the public hearing and the passage of the allowable timeframe for town action in §59.69(5)(e), Wis. Stats., the Committee shall recommend whether the County Board should approve, approve with further changes, or disapprove the proposed amendment advised by the petition. The procedures shall be as specified in §59.69(5)(e), Wis. Stats.

(7)

COUNTY BOARD ACTION. Following the recommendation of the Committee, the County Board shall act to enact by ordinance, enact by ordinance including further modifications, disapprove the proposed amendment advised by the petition, or refer said amendment back to the Committee for further consideration.

(8)

EFFECTIVE DATE AND SUBSEQUENT STEPS. If the Board approves an amendment advised by the petition as originally presented (without further modifications), and the petition was not disapproved by a majority of affected towns, it shall become effective upon passage of the associated ordinance. If the Board enacts the proposed amendment with modifications from the petition, the procedures for further town action shall be as proscribed in §59.69(5)(e), Wis. Stats. The County Clerk shall forward copies of all actions of the County Board on proposed amendments to parties and shall record such actions as specified in §59.69, Wis. Stats.

(9)

AMENDMENTS AFFECTING LANDS IN THE W WETLAND, SW SHORELAND-WETLAND, AND S SHORELAND DISTRICTS. The Zoning Administrator shall provide to appropriate district office of WisDNR, in addition to the information supplied to it under subsection (4) above, a copy of every petition for proposed text amendments affecting the W Wetland, SW Shoreland-Wetland, and S Shoreland overlay districts within 5 days of the filing of the petition, at least 10 days prior to the public hearing on the petition (including the public hearing notice), and within 10 days after the County Board's decision on the proposed amendment (including the Board's decision). A text amendment affecting the W or SW districts may not by enacted by the County Board if the proposed amendment may result in a significant adverse impact upon any of the following:

(a)

Storm and floodwater storage capacity.

(b)

Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland.

(c)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters.

(d)

Shoreline protection against soil erosion.

(e)

Fish spawning, breeding, nursery or feeding grounds.

(f)

Wildlife habitat.

(g)

Areas of special recreational, scenic or scientific interest, including scarce wetland types.

(10)

EFFECT OF DENIAL. No petition which has not been enacted under this section shall be resubmitted for a period of 12 months from the date of final County Board action, except on grounds of new evidence or proof of change of factors found valid by the Land Services Committee. (Am. #2018-05-659)

(1)

PURPOSE. The purpose of this section is to provide procedures for the review of proposed amendments to the Official Zoning Map (rezonings). The County Board may from time to time amend the Official Zoning Map in the manner provided by §59.69, Wis. Stats., including affected town consent provisions described below.

(2)

PETITION. Amendments to the Official Zoning Map shall be initiated by the filing of a petition on a form provided by the Zoning Administrator. Such petition may be filed by any property owner in the area affected by the proposed amendment, the town board of the town in which the map amendment is proposed, any member of the County Board, or the Land Services Committee. To be determined complete by the Zoning Administrator, the petition shall include: (Am. #2018-05-659)

(a)

A legal description covering all lands for which the zoning is proposed to be amended;

(b)

A scaled map, not larger than 11" x 17" or 3 copies if larger, showing all lands for which the zoning is proposed to be amended, and all other lands within 300 feet of the boundaries of such lands, together with the current zoning and names and addresses of the owners of all lands on said map as they appear on the current records of the Register of Deeds;

(c)

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

(d)

The required review fee, as provided through the fee schedule approved annually by the Land Services Committee; and (Am. #2018-05-659)

(e)

A complete site plan submittal per Section 17.8.40 and/or a preliminary plat per Chapter 18, if one or both of the following circumstances is applicable:

1.

If the town board of the affected town has passed a resolution requiring the submittal of a site plan or preliminary plat with all or certain petitions for Official Zoning Map amendments. In such case, the petitioner shall also submit the site plan or preliminary plat directly to the town.

2.

If the petition is requesting the rezoning of land to the PD Planned Development district as described in Section 17.2.70. Such petitions shall also include an indication of the proposed dimensional standards for the development that are listed in Section 17.2.70(4), an indication of any other normal standards of this chapter for which a waiver is sought, and any other information requested by the Zoning Administrator to allow the proper evaluation of such a request.

(3)

ZONING ADMINISTRATOR REPORT. The Zoning Administrator or his designee shall prepare a report on the petition, evaluating it based on its harmony with the purposes of this chapter, the comprehensive plan, State and Federal law, sound planning and zoning principles, and changed factors affecting the area. The Zoning Administrator may contact the petitioner to inquire whether certain changes to the petition may be desired in light of this evaluation prior to the formal review process described below.

(4)

PUBLIC HEARING. Per §59.69(5)(e)2, Wis. Stats., the Zoning Administrator shall cause to be scheduled and noticed a public hearing before the Land Services Committee. Not less than 10 days before the public hearing, the Zoning Administrator shall mail the petition and a public hearing notice to the Land Services Committee, the County Clerk, the County Board member representing the district, the petitioner, the clerk of the affected town, the owners of all properties within 300 feet of all edges of the proposed map amendment area, the owner or operator of any airport if the petition would affect an airport affected area under §62.23(6)(am), Wis. Stats., the appropriate district office of WisDNR if required under subsection (9) below, and other interested parties on a request basis. The Zoning Administrator's report shall also be provided to the Land Services Committee and petitioner in advance of the hearing, and to other interested parties on a request basis. (Am. #2018-05-659)

(5)

TOWN ACTION. The town within which a rezone request is located may offer a recommendation to the Committee on whether to approve such request as presented or disapprove such request. Such town recommendation shall be in the form of a formal action of the town board, shall be signified by the addition of a town signature by an authorized town official on submitted plans, and shall be filed with the Zoning Administrator before or at the public hearing. The town may request one 30-day extension of the time required for a town recommendation. The Land Services Committee will not take action on the rezone request until it receives a recommendation from the affected town board, or the town board indicates that it will not provide a recommendation, or a mutually agreed extension to the town review period elapses. (Am. #2022-08-726)

If the town within which the proposed Official Zoning Map amendment is located disapproves of the proposed amendment, the town shall file a certified copy of a resolution adopted by the town board disapproving of the proposed amendment with the Zoning Administrator. The procedures, required timeframes, and effects of town action shall be as specified in §59.69(5)(e), Wis. Stats.

(6)

COMMITTEE RECOMMENDATION. As soon as possible following the public hearing and the passage of the allowable timeframe for town action in §59.69(5)(e), Wis. Stats., the Committee shall recommend whether the County Board should approve, approve with further changes, or disapprove the proposed map amendment advised by the petition. The procedures shall be as specified in §59.69(5)(e), Wis. Stats. A special meeting of the Land Services Committee to hear rezoning requests may be called by the Committee chair upon written request and payment of a special meeting fee established by the Committee. (Am. #2018-05-659)

(7)

COUNTY BOARD ACTION. Following the recommendation of the Committee, the County Board shall act to enact by ordinance, enact by ordinance including further modifications, or disapprove the proposed map amendment advised by the petition, or refer said amendment back to the Committee for further consideration.

(8)

EFFECTIVE DATE AND SUBSEQUENT STEPS. If the County Board approves the map amendment advised by the petition as originally presented (without further modifications), and the petition was not disapproved by the affected town board, it shall become effective upon passage of the associated ordinance. If the County Board enacts the proposed amendment with modifications from the petition, the procedures for further town action shall be as proscribed in §59.69(5)(e), Wis. Stats. The County Clerk shall forward copies of all actions of the County Board on proposed map amendments to parties and shall record such actions, as specified in §59.69, Wis. Stats. In the case of rezoning to the PD Planned Development district, the property may only be developed in accordance with the site plan and/or preliminary plat also approved as part of the request. The PD zoning district allows the County Board to waive certain provisions generally applicable in other zoning districts without requiring a variance.

(9)

AMENDMENTS AFFECTING LANDS IN THE W WETLAND, SW SHORELAND-WETLAND, AND S SHORELAND DISTRICTS. The Zoning Administrator shall provide to appropriate district office of WisDNR, in addition to the information supplied to it under subsection (4) above, a copy of every petition for proposed map amendments affecting the W Wetland, SW Shoreland-Wetland, and S Shoreland overlay districts within 5 days of the filing of the petition, at least 10 days prior to the public hearing on the petition (including public hearing notice), and within 10 days after the County Board's decision on the proposed amendment (including the Board's decision). A map amendment affecting the W or SW districts may not by enacted by the County Board if the proposed amendment may result in a significant adverse impact upon any of the following:

(a)

Storm and floodwater storage capacity.

(b)

Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland.

(c)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters.

(d)

Shoreline protection against soil erosion.

(e)

Fish spawning, breeding, nursery or feeding grounds.

(f)

Wildlife habitat.

(g)

Areas of special recreational, scenic or scientific interest, including scarce wetlands.

(10)

EFFECT OF DENIAL. No petition which has not been enacted under this section shall be resubmitted for a period of 12 months from the date of final County Board action, except on grounds of new evidence or proof of change of factors found valid by the Land Services Committee. (Am. #2018-05-659)

COUNTY REZONING PROCESS

(1)

PURPOSE. (Am. #2006-11-491) The purpose of this section is to specify the procedures and standards for the review of conditional use permit requests, and amendments to grandfathered conditional uses and conditional use permits previously granted. Refer to Wis. Adm. Code ATCP 51, Subchapter III, for conditional use review and application procedures applicable to certain livestock facilities covered by those rules.

(2)

PETITION. Requests for approval or required amendment of a conditional use permit shall be initiated by the filing of a petition on a form provided by the Zoning Administrator. Such petition may be filed by the owner of the property on which the conditional use permit is requested, or by a representative of the property owner with the owner's written consent. No later than 5 days of its submittal to the Zoning Administrator, the applicant shall transmit 2 identical copies of the petition and all applicable materials to the clerk of the town in which the proposal lies. To be determined complete by the Zoning Administrator, the petition shall include:

(a)

A legal description covering all lands for which the conditional use permit is sought;

(b)

A scaled map, not larger than 11" x 17" or 3 copies if larger, showing all lands for which the conditional use permit is sought, and all other lands within 300 feet of the boundaries of such lands, together with the names and addresses of the owners of all lands on said map as they appear on the current records of the Register of Deeds;

(c)

Written justification for the proposed conditional use permit, consisting of the petitioner's evaluation of the request against the standards for granting a conditional use permit as established in subsection (7) below;

(d)

A complete site plan submittal per Section 17.8.40, and including a signature line to be completed by the appropriate town denoting town action;

(e)

Other pertinent information as requested by the Zoning Administrator to determine if the proposed use meets the requirements of this chapter; and

(f)

The required review fee, as provided through the fee schedule approved annually by the Land Services Committee. (Am. #2018-05-659)

(3)

ZONING ADMINISTRATOR REPORT. The Zoning Administrator or designee shall prepare a report on the petition, evaluating it based on its harmony with the purposes of this chapter, the comprehensive plan, State and Federal law, sound planning and zoning principles, and standards within the Zoning Ordinance. The Zoning Administrator may contact the petitioner to inquire whether certain changes to the petition may be desired in light of this evaluation prior to the formal review process described below. (Am. #2018-05-659)

(4)

PUBLIC HEARING. The Zoning Administrator shall cause to be scheduled and noticed a public hearing before the Land Services Committee. Not less than 10 days before the public hearing, the Zoning Administrator shall mail the petition and a public hearing notice to the Land Services Committee, the petitioner (and property owner if different), the clerk of the affected town, the owners of all properties within 300 feet of all edges of the lot or parcel that would contain the conditional use, the owner or operator of any airport if the petition would affect an airport affected area under §62.23(6)(am), Wis. Stats., the appropriate district office of WisDNR if required under subsection (8) below, and other interested parties on a request basis. The Zoning Administrator's report shall also be provided to the Land Services Committee and petitioner in advance of the hearing, and to other interested parties on a request basis. (Am. #2018-05-659)

(5)

TOWN RECOMMENDATION. The town within which a proposed conditional use permit is located may offer a recommendation to the Committee on whether to approve such request as presented, approve such request with conditions, or disapprove such request. Such town recommendation shall be in the form of a formal action of the town board, shall be signified by the addition of a town signature by an authorized town official on submitted plans, and shall be filed with the Zoning Administrator before or at the public hearing. The town may request one 30-day extension of the time required for a town recommendation. The Land Services Committee will not take action on the conditional use permit request until it receives a recommendation from the affected town board, or the town board indicates that it will not provide a recommendation, or a mutually agreed extension to the town review period elapses. (Am. #2018-05-659)

(6)

COMMITTEE ACTION. As soon as possible following the public hearing and the passage of the allowable timeframe for town action in subsection (5), the Committee shall approve as presented, approve with conditions, or disapprove of the conditional use permit request. The Committee shall review the application for conditional use, together with reports and recommendations from the Zoning Administrator, public safety officials, public hearing testimony, and other reviewing agencies. The Committee shall then make a determination on the conditional use application based on the substantial evidence, other requirements and standards of this ordinance. The Committee shall provide the reasons for its action, proof of the required notice of the public hearing, proof of required notification to the affected town, and any submitted town action. A special meeting of the Land Services Committee to hear conditional use permit requests may be called by the committee chair upon written request and payment of a special meeting fee established by the Committee. In the event the scope, range of uses, character, or geographic area of the conditional use permit request is substantially altered from the time of the town recommendation, the Committee shall refer the altered request back to the appropriate town for further consideration and action within 40 days of the Committee's referral. In the event that the scope, range of uses, or geographic area of the request is substantially increased from that noticed or presented at the public hearing, the Committee shall cause to be noticed and conduct an additional public hearing before taking action on the request. (Am. #2006-06-477; Am. #2018-05-659)

(7)

CONDITIONAL USE PERMIT STANDARDS. The applicant must demonstrate that the application and all requirements to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the county ordinance or those imposed by the Land Services Committee, the county shall grant the conditional use permit. (Am. #2018-05-659)

The Committee may impose reasonable conditions with the approval of a conditional use proposal, to the extent authorized by law as described in §59.69(5e)(2b), Wis. Stats. Conditions imposed shall meet all of the following requirements:

(a)

Conditions must be practical and measurable. (Am. #2018-05-659)

(b)

Any condition imposed must be related to the purpose of the ordinance, outlined in Section 17.3 regarding the specific land use and be based on substantial evidence. (Am. #2018-05-659)

(c)

Any condition must be reasonable and to the extent practicable, measurable and may include conditions such as the permits duration, transfer, or renewal. (Am. #2018-05-659)

(d)

The proposed conditional use will maintain compliance with the zoning standards and the county comprehensive land use plan, including town land use plans developed by individual towns and as incorporated in the county comprehensive land use plan. (Am. #2018-05-659)

(e)

The conditional use will meet all applicable standards of other divisions of this chapter, particularly any standard in Division 17.3, which is applicable to the particular conditional use being sought. (Am. #2018-05-659)

(8)

CONDITIONAL USE PERMITS AFFECTING LANDS UNDER WISDNR JURISDICTION. The Zoning Administrator shall provide to appropriate district office of WisDNR, in addition to the information supplied to it under subsection (4) above, a copy of every petition for a conditional use permit within the FW, FF, GFP, S, SW, and W within 5 days of the filing of the petition with the Zoning Administrator and written notice of the Committee's decision on the proposed conditional use permit within 10 days after it is issued. Final action on the petition shall not be taken for 30 days from the filing of the petition with WisDNR or until the WisDNR has made its recommendation, whichever comes first. The following additional standards, along with any included in Chapters 20 and 21 of the Lincoln County Code, shall be considered for conditional use permit requests in the FW, FF, GFP, S, SW, and W districts:

(a)

Storm and floodwater storage capacity.

(b)

Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland.

(c)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters.

(d)

Shoreline protection against soil erosion.

(e)

Fish spawning, breeding, nursery or feeding grounds.

(f)

Wildlife habitat.

(g)

Areas of special recreational, scenic or scientific interest, including scarce wetland types.

(9)

EFFECT OF DENIAL. No conditional use permit which has been disapproved under this section shall be resubmitted for a period of 12 months from the date of final Committee action, except on grounds of new evidence or proof of change of factors found valid by the Committee.

(10)

APPEALS OF COMMITTEE DECISIONS. If the Committee denies a person's conditional use permit application, the person may appeal the decision to the circuit court under the procedures contained in §59.694(10), Wis. Stats. The Committee's decision on a conditional use permit application shall not be reviewed by the Board of Adjustment. (Am. #2018-05-659; #2024-02-753)

(11)

RECORDING OF CONDITIONS. Each action taken with respect to a conditional use shall be duly recorded in the minutes of the Land Services Committee. The minutes shall record the findings of fact relative to each conditional use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval. (Am. #2018-05-659)

(12)

TIME LIMITS ASSOCIATED WITH CONDITIONAL USES. Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Land Services Committee may impose conditions through the approval process, such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in the zoning ordinance or by the Land Services Committee. (Am. #2018-05-659)

(13)

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

COUNTY CONDITIONAL USE PERMIT PROCESS

(1)

PURPOSE. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. A site plan submittal must be made before a conditional use permit or zoning permit will be issued in the following zoning districts, except for single and two family dwellings as they may be permitted: MR, MH, RE, PB, CMU, PI, PD, H51. A site plan submittal must also be made where specifically required for the particular land use in Division 17.3.

(2)

SITE PLAN SUBMITTAL DOCUMENTS. Requests for site plan approval shall be initiated by the filing of a complete site plan submittal to the Zoning Administrator. Such submittal may be made by the owner of the property on which the site plan approval is requested, or by a representative of the property owner with the owner's written consent. The submittal shall include the following plans on one or more sheets, not larger than 11" x 17" or 3 copies of each if larger, unless the Zoning Administrator waives the submittal of one or more plans:

(a)

Site plan, drawn to scale of not less than one inch to 100 feet, and showing and labeling the date of preparation and revisions; land owner's name; north arrow; lot dimensions; adjacent public streets and rights-of-way; easement labels and locations; existing and proposed structures and their dimensions; parking and loading areas; any outdoor storage or dumpster areas; visual clearance triangles; distances between structures and lot lines, and between structures and other structures; distances between structures and the centerlines of abutting streets and highways; floodplain(s); wetland(s); shoreland zone boundaries; distance between structures and the ordinary high water mark of any abutting watercourse and the watermark as of the day of the sketch. See Sections 17.2.101 and 17.2.102 for dimensional standards and Sections 17.5.02 and 17.5.03 for traffic, parking, and loading standards.

(b)

Landscape plan, showing an overhead view of all existing and proposed landscaping on the site. The location, species, size at time of planting, and mature size shall be indicated for all new plantings. See Section 17.5.05 for landscaping standards.

(c)

Grading and drainage plan, showing existing and proposed surface elevations, and proposed erosion control and stormwater management provisions. Soils information may also be required. See Section 17.5.08 and Chapter 21 for erosion control and stormwater management standards.

(d)

Utilities plan, showing existing and proposed locations and types of private well and on-site waste treatment systems, or connections to public sanitary sewer, water, and/or storm sewer. See Chapter 22 for sanitary standards.

(e)

Building elevations, showing the dimensions, colors, and materials used on all exterior sides of the building(s). See Sections 17.2.101 and 17.2.102 for height standards.

(f)

Sign plan, showing the location, height, dimensions, colors, materials, lighting and copy area of all signage. See Division 17.6 for sign standards.

(g)

Lighting plan, showing the location, height, type, orientation, and power of all proposed exterior lighting. See Section 17.5.04 for exterior lighting standards.

(3)

ZONING ADMINISTRATOR ACTION-PERMITTED BY RIGHT USES. Prior to the issuance of a zoning permit for uses listed as permitted-by-right uses in the applicable zoning district, the Zoning Administrator shall review the submittal against the purposes and requirements of this chapter and either:

(a)

Approve the site plan submittal and the associated zoning permit, with conditions as necessary to ensure compliance with this chapter; or

(b)

Advise the petitioner of any changes to the site plan submittal necessary to achieve compliance with this chapter and enable issuance of a zoning permit.

(4)

LAND SERVICES COMMITTEE ACTION-CONDITIONAL USES. Prior to the issuance of a conditional use permit for uses listed as conditional uses in the applicable zoning district, the Committee shall review the complete site plan submittal as one component of the overall conditional use permit process described in Section 17.8.30. (Am. #2018-05-659)

(1)

PURPOSE. The purpose of this section is to specify the requirements and procedures for the issuance of zoning permits. A zoning permit is required from the Zoning Administrator in the following instances:

(a)

Before any structure, as defined in Section 17.1.14, is erected, affixed, moved, or structurally altered to increase its floor area.

(b)

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

(c)

Before the commencement of any ditching, lagooning, dredging, filling, grading as per Chapter 21 of the Lincoln County Code of Ordinances, paving, excavation, drilling, or deposition or extraction of earthen materials in the shoreland zone.

(d)

Reserved. (Dltd. #2006-06-477)

(e)

Before any on-site waste treatment system is constructed or structurally altered, per the requirements of Chapter 22. The Zoning Administrator shall issue a sanitary permit instead of a zoning permit in such instances.

(2)

APPLICATION FOR A ZONING PERMIT. An application for a zoning permit shall be made to the Zoning Administrator. Such application may be made by the owner of the property on which the zoning permit is requested, or by a representative of the property owner with the owner's written consent. The application shall include the following data and supplementary materials:

(a)

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

(b)

Legal description of the subject site by lot, block, and recorded subdivision or certified survey map, or by metes and bounds;

(c)

If required under Section 17.8.40(1), a complete site plan submittal including all of the plans listed under Section 17.8.40(2). If a site plan is not required under Section 17.8.40(1), a sketch of the subject site meeting only the requirements of Section 17.8.40(2)(a);

(d)

Proposed sewage disposal plan and well location meeting the requirements of Chapter 22 where municipal sewer and/or water service will not be provided;

(e)

Written permit for highway access from the appropriate highway authority;

(f)

If within the shoreland zone, other application materials as specified in Chapter 21;

(g)

Other pertinent information as requested by the Zoning Administrator to determine if the proposed use meets the requirements of this chapter; and

(h)

The required review fee, as provided through the fee schedule approved annually by the Land Services Committee. There shall be no separate zoning permit review fee required where the use also requires a conditional use permit, unless the conditional use permit involved the construction or placement of new structures. (Am. #2018-05-659)

(3)

AIRPORT HEIGHT LIMITATIONS. If the parcel for which a zoning permit is sought is within an airport height limitation zone, adopted pursuant to §§59.97, 59.99, and/or 114.136, Wis. Stats., the Zoning Administrator shall provide a copy of the application and associated materials to the airport operator to request comment in advance of the Zoning Administrator granting a zoning permit. No zoning permit shall be granted for a structure that is in violation of the requirements of a legally adopted airport height limitation zone.

(4)

TIME LIMITS ASSOCIATED WITH ZONING PERMITS. A zoning permit shall either be granted or denied in writing by the Zoning Administrator within 30 days of the filing of a complete application, unless other parallel processes (e.g., conditional use permit) require a longer review period. A zoning permit shall expire 24 months from the date issued if the work described in the permit is not commenced, unless a one-time, one-year extension is applied for, without fee, from the Zoning Administrator prior to the expiration date.

(1)

PURPOSE. The purpose of this section is to ensure a short term rental operating in a residential dwelling within Lincoln County is adequate for protecting public health, safety and general welfare, including establishing minimum standards for human occupancy; determining the responsibilities of owners, and resident agents offering these properties for rent; to provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises as well as the surrounding community; and provisions for the administration and enforcement thereof.

(2)

APPLICABILITY. This section shall apply to all rentals of residential dwellings under county zoning for periods of 29 days or less, but shall not apply to monthly rentals. Rentals of residential dwellings less than 2 consecutive nights are prohibited. Does not include "bed and breakfast establishments," "hotels, motels, or lodging resorts," or "boarding houses." as defined in Chapter 17 of the Lincoln County Code of Ordinances.

(3)

DETERMINATION OF APPLICATION COMPLETENESS. The Land Services Department shall make a finding of completeness of the application. Applications determined to be complete will be approved and the permit shall be issued. Once approved, each permit shall be valid for a period of one year from permit issuance date.

(4)

OCCUPANCY. If the property is served by public sanitary sewer, occupancy is limited to the number of occupants authorized by the State tourist rooming house license issued by the State of Wisconsin Department of Agriculture, Trade and Consumer Protection in accordance with Wisconsin Administrative Code ATCP 72. If the property is served by a POWTS, occupancy is limited to the number of occupants for which the POWTS was designed, or the occupancy granted by the State tourist rooming house license, whichever is less. No recreational vehicles, campers, tents, or other temporary lodging arrangements shall be permitted onsite as a means of providing additional accommodations for paying guests or other invitees.

(5)

SANITARY FACILITIES. Adequate sanitary facilities shall be provided. Non-plumbing sanitary systems such as composting toilets, incinerating toilets, privies, and portable restrooms are prohibited. If the property is not served by public sanitary sewer, a private onsite wastewater treatment system (POWTS) in full compliance with this Code and in accordance with Chapter 22, Lincoln County Code of Ordinances, and Wisconsin Administrative Code DSPS 383 must serve the property.

(6)

SOLID WASTE DISPOSAL. Trash and garbage removal shall be provided on an as needed basis. Such service shall be evidenced by a contract with a licensed garbage hauler or, if not contracted, by name of a private party responsible for weekly trash removal. Trash and garage receptacles must be available and secured from disturbance by wildlife.

(7)

PARKING. A minimum of 2 parking spaces shall be provided. No on-street parking for renters of the property will be allowed. Parking spaces must meet the standards set forth in Section 17.5.03(2) of the Lincoln County Zoning Code.

(8)

RESIDENT AGENT. A resident agent is required for all short-term rentals and shall meet the following requirements:

(a)

Be an adult person residing in or within a 50-mile radius of the location of the property or a corporate entity with offices located within a 50-mile radius of the property that is the subject of the application.

(b)

Be authorized in writing by the owner to act as the agent for the owner for:

1.

The receipt of service of notice of violation of this section's provisions,

2.

Service of process pursuant to this Code, and

3.

To allow the county to enter the property permitted under this section for inspection and enforcement.

(9)

PROPERTY RENTAL RULES. A list of property rules must be posted at the property, provided to the guests and a copy submitted with the application for a permit. Property rules must include the following minimum information:

(a)

Maximum overnight occupancy of the rental.

(b)

Contact information for the resident agent.

(c)

Where to park vehicles.

(d)

Outdoor burning regulations to follow current WIDNR and local fire warden restrictions.

(e)

Non-emergency contact information for law enforcement and fire.

(f)

If applicable, information on the location of the high water alarm for the POWTS, and procedure to follow if the alarm is activated.

(g)

What to do with the garbage after the rental period is done.

(h)

Pet policy.

(i)

Local navigable water/ice information as it pertains to recreational purposes.

(j)

Copy of the State of Wisconsin tourist rooming house license.

(k)

Copy of the County short term rental permit.

(l)

Copy of the issued Lincoln County Health Department rental license.

(10)

PERMIT (AND RENEWAL) APPLICATION AND FEES. Any property owner or person having a contractual interest in any residential dwelling within the jurisdiction of this chapter may file an application for a permit (or renewal) to offer for rent a short term rental with the Department at least 30 days in advance of the date the property is first offered for rent on forms furnished by the Department :

(a)

The application shall include the following prior to the issuance of a permit or permit renewal:

1.

Address and tax parcel number of the residential dwelling.

2.

Names and addresses of the applicant and owner of the dwelling

3.

Copy of State of Wisconsin tourist rooming house license.

4.

Name, address and phone number of a resident agent for the property and include the resident agent agreement form.

5.

Proposed overnight occupancy for the dwelling.

6.

Floor plan of all floors to be occupied in the dwelling, drawn neatly and accurately with dimensions clearly shown.

7.

Site plan drawn neatly and accurately of the parcel including but not limited to, lot lines, parking, and location of garbage collection areas.

8.

Copy of property rental rules.

9.

Schedule for refuse pickup and name of refuse hauler.

10.

Proof of adequate sanitation facilities.

11.

Proof of application for Lincoln County Health Department License (initial application)

12.

Copy of Lincoln County Health Department License (all renewals)

13.

Proof of no outstanding citations relating to land use, health/licensing codes, and POWTS on subject rental property.

(b)

Any changes in ownership of the property, resident agent, or refuse hauler shall be forwarded to the Department within 10 days of the change.

(c)

Permit fee schedule. The permit application fees shall be established by the Lincoln County Land Services Committee, according to procedures set forth in the County Code of Ordinances, in a fee schedule and may, from time to time, be modified. The fees shall be related to costs involved in processing permit applications, permit renewal applications, reviewing plans, conducting inspections, and documentation. A schedule of the fees shall be available for review in the Lincoln County Land Service Department or on the County website.

(d)

Annual permit renewal and fees. Annual permit renewal shall occur from the date of the initial permit being issued and follow Section 17.8.51 (11)(a) through (c). Permit fees will be established and adjusted as provided through the fee schedule approved annually by the Land Services Committee.

(11)

ENFORCEMENT OF PERMIT CONDITIONS AND PROCESS.

(a)

The owner of the property shall be notified of any noncompliance by the Department.

(b)

The owner shall address the violation within 48 hours to the satisfaction of the Department.

(c)

Continued operation of rental in violation of permit conditions may result in the issuance of a citation.

(1)

PURPOSE. The purpose of this section is to provide regulations which enable the Board of Adjustment to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done; as provided for by Wisconsin Statutes and applicable case law. Variances shall not be required within the PD district to provisions for which the County Board granted waivers through the PD approval process.

(2)

APPLICATION FOR A VARIANCE. Proceedings for a requested variance shall be initiated by an application of the owner(s) of the subject property to the Zoning Administrator. The application shall include: (Am. #2024-02-752; Am. # 2025-04-779)

(a)

A completed form, provided by the Zoning Administrator, including basic information applicable to the owner and the specific nature of the variance request;

(b)

Legal description of the subject site by lot, block, and recorded subdivision or certified survey map;

(c)

A scaled map showing all lands for which the variance is sought, and all other lands within 300 feet of the boundaries of such lands, on a sheet not larger than 11" x 17" or 3 copies if larger, together with the names and addresses of the owners of all lands on said map as they appear on the current records of the Register of Deeds;

(d)

A Plat of Survey or a Certified Survey Map (CSM) prepared by a registered land surveyor in the State of Wisconsin. The following items must be shown on the Plat of Survey or CSM if the items are within 150 feet of the proposed variance structure(s) in whole or in part. Items 1, 2, and 3 are mandatory for all applications.

NOTE: If an existing CSM or Plat of Survey does not comply with the criteria outlined above, it will be deemed insufficient for the purpose of submitting a variance application.

1)

Site plan, drawn to scale, of not less than one inch to 100 feet and showing and labeling the date of preparation and revisions:

2)

North Arrow.

3)

Lot Dimensions.

4)

Adjacent Public Streets and rights-of-way.

5)

Easement Labels and Locations.

6)

Visual Clearance Triangles.

7)

The Ordinary High Water Mark of any watercourse.

8)

Existing Structures and their dimensions.

i)

Distances between structures and lot lines.

ii)

Distances between structures and centerlines of abutting streets and highways.

iii)

Distances between structures and Rights-of-way.

iv)

Distances between structures and the ordinary high water mark of any watercourse.

9)

Parking and Loading Areas (only applicable for land uses which require parking and loading areas, eq: commercial).

10)

Any outdoor storage or dumpster areas (only applicable for land uses which require outdoor storage or dumpster areas, eg: commercial).

(e)

A plot plan showing where the proposed structure is requested, to scale, and directly corresponding to the Plat of Survey or CSM as outlined on the variance application. If the Plat of Survey or CSM shows the proposed structure, then a separate plot plan is not required.

(f)

Written justification for the proposed variance, consisting of the petitioner's evaluation of the request against the standards for granting a variance as established in subsection (7) below;

(g)

Other pertinent information as requested by the Zoning Administrator to determine if the proposed request meets the requirements of this chapter; and

(h)

The required review fee, as provided through the fee schedule approved annually by the Land Services Committee.

(3)

ZONING ADMINISTRATOR REPORT. The Zoning Administrator or his designee shall prepare a report on the variance request, evaluating it based on its harmony with the purposes of this chapter, the comprehensive plan, State and Federal law, sound planning and zoning principles, and compliance with the standards in subsection (7) below. The Zoning Administrator may contact the petitioner to inquire whether certain changes to the petition may be desired in light of this evaluation prior to the formal review process described below.

(4)

PUBLIC HEARING. The Zoning Administrator shall cause to be scheduled and noticed a public hearing before the Board of Adjustment. Not less than 10 days before the public hearing, the Zoning Administrator shall mail the petition and a public hearing notice to the Board of Adjustment, the petitioner (and property owner if different), the clerk of the affected town, the owners of all properties within 300 feet of all edges of the lot or parcel that would require the variance, the owner or operator of any airport if the petition would affect an airport affected area under §62.23(6)(am), Wis. Stats., the appropriate office of WisDNR if the variance request is within the FW, FF, GFP, S, SW, or W zoning districts, and other interested parties on a request basis. The Zoning Administrator's report shall also be provided to the Board of Adjustment and petitioner in advance of the hearing, and to other interested parties on a request basis.

(5)

TOWN TESTIMONY. The town within which a proposed variance is sought may offer written or verbal testimony on whether to approve such request as presented, approve such request with conditions, or disapprove such request. Such town recommendation shall be in the form of a formal action or endorsement of the town board.

(6)

BOARD OF ADJUSTMENT ACTION. As soon as possible following the public hearing, the Board of Adjustment shall approve as presented, approve with conditions, or disapprove of the variance request. The Board shall evaluate the request against the standards included in subsection (7) below, and may consider all applicable information included in the petition, the Zoning Administrator's report, public testimony, or its own investigations. In its action, the Board shall include findings of fact relative to its decision. A special meeting of the Board of Adjustment to hear variance requests may be called by the Board chair upon written request and payment of a special meeting fee established by the Land Services Committee. (Am. #2024-02-752)

(7)

VARIANCE STANDARDS. The Board of Adjustment shall review all variance requests against the standards provided under Wisconsin Statutes and applicable case law, and with the consideration to the following questions:

(a)

What exceptional or extraordinary conditions, circumstances, or special factors are present which apply only to the subject property, and which prevent compliance with ordinance standards? The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district or within the same area that prevent compliance with one or more ordinance standards.

(b)

In what manner do the above conditions or circumstances unreasonably prohibit the development of the property from being used for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome with the requested variances? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.

(c)

Would the granting of the proposed variance result in a substantial or undue adverse impact on adjacent properties, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare? The response to this question shall clearly indicate how the proposed variance will have no substantial or undue impact on these factors.

(d)

Have the factors which present the reason for the proposed variance been created by the act of the applicant or previous property owner after the effective date of this chapter? The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant or a previous property owner.

(e)

Does the proposed variance involve the proposed use of the property? The response to this question shall clearly indicate that the requested variance does not involve the proposed use, as use variances are not permitted.

(8)

EFFECT OF DENIAL. No variance request which has been disapproved shall be resubmitted for a period of 12 months from the date of final Board of Adjustment action, except on grounds of new evidence or proof of changed factors found valid by the Board.

(9)

TIME LIMITS ASSOCIATED WITH VARIANCES. An approved variance shall expire 24 months from the date issued if the work described in the permit is not commenced, unless a one-time, one-year extension is applied for, without fee, from the Board of Adjustment prior to the expiration date.

(1)

PURPOSE. The purpose of this section is to provide regulations which enable the Board of Adjustment to hear and decide requests for appeals from the interpretations, orders, requirements, or decisions of the Zoning Administrator , where it is alleged that there is an error in any decision as provided for by Wisconsin Statutes and applicable case law.

(2)

APPLICATION FOR AN APPEAL. Proceedings for an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the County affected by any decision of the Zoning Administrator. Any appeal must be made within a period not exceeding 30 days from the date of issuance of the interpretation, order, requirement, or decision of the Zoning Administrator. The appeal shall be initiated by an application to the Zoning Administrator, which shall include the following data and supplementary materials:

(a)

A completed form, provided by the Zoning Administrator, including basic information on the specific nature of the interpretation, order, requirement, or decision of the Zoning Administrator, the reasons for the appeal of such action, and the remedy sought;

(b)

Other pertinent information as requested by the Board of Adjustment to make a determination on the appeal; and

(c)

The required review fee, as provided through the fee schedule approved annually by the Land Services Committee.

(3)

ZONING ADMINISTRATOR REPORT. The Zoning Administrator or his designee shall prepare a report on the appeal request, evaluating it based on its harmony with the purposes of this chapter and the applicable division or section, the comprehensive plan, State and Federal law, and sound planning and zoning principles; and shall provide rationale for the initial interpretation, order, requirement or decision that prompted the request.

(4)

PUBLIC HEARING. The Zoning Administrator shall cause to be scheduled and noticed a public hearing before the Board of Adjustment meeting the requirements of §59.694(7), Wis. Stats. Not less than 10 days before the public hearing, the Zoning Administrator shall mail the petition and a public hearing notice to the Board of Adjustment, the petitioner, and the appropriate office of WisDNR if the action affects resources under its jurisdiction. The Zoning Administrator's report shall also be provided to the Board of Adjustment and petitioner in advance of the hearing, and to other interested parties on a request basis.

(5)

BOARD OF ADJUSTMENT ACTION. As soon as possible following the public hearing, the Board of Adjustment shall reverse or affirm the interpretation, order, requirement or decision, wholly or in part, or may modify the interpretation, order, requirement or decision. The Board shall evaluate the request based on its harmony with the purposes of this chapter and the applicable division or section, the comprehensive plan, State and Federal law, case law, and sound planning and zoning principles. In its action, the Board shall include findings of fact relative to its decision. A special meeting of the Board of Adjustment to hear appeals may be called by the Board chair upon written request and payment of a special meeting fee established by the Land Services Committee.

(1)

PURPOSE. This section provides standards for the tracking and calculation of allowable new dwelling units on parcels in the A, RL2, and RL4 zoning districts. These districts limit the overall density of new nonfarm dwelling units. While each of these zoning districts has a minimum lot size of 40,000 square feet, the A Agriculture district has a maximum development density of one new nonfarm dwelling unit per 35 contiguous acres of gross site area, the RL2 district has a maximum development density of 2 new nonfarm dwelling units per every 40 contiguous acres of gross site area, and the RL4 district has a maximum development density of 4 new nonfarm dwelling units per every 40 contiguous acres of gross site area.

(2)

METHOD OF CALCULATION. The following method shall be used to calculate the maximum permitted number of new dwelling units or equivalent principal uses (as described in subsection (4)) allowed in the A, RL2, and RL4 districts:

(a)

Determine the gross site area of the contiguous lands held in single ownership as of the date of adoption of this chapter. The terms "gross site area," "contiguous," and "single ownership" are as defined in Section 17.1.14. In the following graphic example, the gross site area is 160 acres, including lands in town and County road easements and in the cedar swamp.

DENSITY-BASED ZONING TRACKING

(b)

If the lands are zoned A Agriculture, divide the gross site area of the contiguous lands held in single ownership as of the date of adoption of this chapter by 35. If the lands are zoned RL2, divide the gross site area of the contiguous lands held in single ownership as of the date of adoption of this chapter by 20. If the lands are zoned RL4, divide the gross site area of the contiguous lands held in single ownership as of the date of adoption of this chapter by 10. This is the total number of new dwelling units or new equivalent principal uses (see subsection (4)(e)) that will be allowed on the lands from the effective date of this chapter forward. Round up if any fractional amount is equal to ½ or greater. In the example, assume the 160 acres is zoned RL2, which would allow a total of 8 new dwelling units.

(c)

Determine the total number of new dwelling units or equivalent principal uses that have been constructed on the contiguous lands held in single ownership since the date of adoption of this chapter. Dwelling units on lots that were divided off from the contiguous lands held in single ownership count in this total. In the example, assume that there had been one dwelling unit constructed on the lands since this chapter (the new zoning ordinance) was adopted. This means that 7 additional dwelling units could still be constructed within the boundaries of the contiguous lands held in single ownership as of the date of adoption of this chapter. These 7 additional dwelling units could be constructed in different configurations and lot sizes. The following graphics show 2 of several possible approaches of how the total of 8 dwelling units might be constructed on the example site if zoned RL2.

EXAMPLES OF DWELLING LOCATIONS

(3)

EFFECT OF LAND SALES. Changes and reconfigurations in ownership do not trigger new allotments of potential future dwelling units in the A, RL2, and RL4 districts. When land is sold or consolidated after the effective date of this chapter, the Zoning Administrator will use the following approaches in the order listed to determine how many (if any) potential future dwelling units were transferred along with the land:

(a)

Any sales contracts or other recorded documents indicating how many potential future dwelling units (if any) are being transferred along with the land.

(b)

In the absence of a clearly understood sales contract or similar document, the Zoning Administrator will attempt to learn from all affected property owners the intent and keep a record of this intent for future use.

(c)

In the absence of a clearly understood sales contract or statement of intent, the Zoning Administrator will make a determination based on the best available evidence.

(4)

TREATMENT OF PREVIOUS OR DIFFERENT LAND USES.

(a)

Each single dwelling unit or other single principal use that received a zoning permit or was otherwise legally constructed prior to the effective date of this chapter shall be counted against the maximum number of new dwelling units that may be built. Each single dwelling unit or other single principal use that was legally constructed prior to the effective date of this chapter but does not meet the density requirements of this section shall be allowed to be rebuilt on the lot in a compliant location within a 12-month period. Greater restrictions such as those of Chapter 21 may apply (see exception within subsection (b) below). (Am. #2007-10-514)

(b)

Any legal farm dwelling meeting the criteria in Section 17.3.03(2) of this chapter shall not be counted against the maximum number of new dwelling units that may be built, regardless of when such farm dwelling was permitted or constructed.

(c)

Each new manufactured home, mobile home, or seasonal dwelling permitted or legally established on the lands following the effective date of this chapter shall be counted as one dwelling unit for the purposes of this section.

(d)

Each two-family dwelling unit permitted or legally established on the lands following the effective date of this chapter shall be counted as 2 dwelling units for the purposes of this section.

(e)

Each principal commercial, institutional, recreational, utility, transportation, or industrial land use permitted or legally established on the lands following the effective date of this chapter shall be counted as the equivalent of one dwelling unit for the purposes this section. These are referred to as "equivalent principal uses" in subsection (2) above.

(5)

MISCELLANEOUS PROVISIONS.

(a)

The Zoning Administrator shall maintain a copy of Lincoln County parcel records as of the date of adoption of this chapter. These shall be used as the basis for determining contiguous lands held in single ownership as of the date of adoption of this chapter, unless the petitioner is able to demonstrate to the Zoning Administrator that such records are in error.

(b)

Lands in contiguous single ownership that were legally established prior to the effective date of this chapter and that are less than 35 acres in gross site area in the A district, less than 20 acres in gross site area in the RL2 district, or less than 10 acres in gross site area in the RL4 district shall be allowed to construct one farm dwelling, one single-family dwelling unit, one seasonal dwelling, or one principal commercial, institutional, recreational, utility, transportation, or industrial land use as may be allowed in the zoning district. No further division of such lands under their then-present zoning is permitted.

(c)

Nothing in this section shall preclude the petitioner from seeking a zoning map amendment to remove lands from the A, RL2, or RL4 zoning districts. In the event that such lands are rezoned away from one of these districts (and not rezoned to another one of these districts), the provisions of this section shall no longer apply.

(d)

While the minimum lot size for new lots under this section is 40,000 square feet, no new lots shall be created unless such lot has at least one density allotment allocated to it or such lot is designated an outlot and meets the purpose and intent of this chapter and the Lincoln County Comprehensive Plan. (Cr. #2007-10-514)

(1)

INVESTIGATION AND NOTICE OF VIOLATION.

(a)

The Zoning Administrator or his designee is responsible for conducting the necessary inspection and investigation to insure compliance with this chapter and, through field notes, photographs and other means, documenting the presence of violations.

(b)

If, upon investigation, the Zoning Administrator becomes aware of a violation of this chapter, staff shall notify the Land Services Committee, responsible parties and those potentially liable. Such notice shall include an order that the condition that is alleged to constitute a violation be halted or remedied and a statement that a complaint about the condition will be transmitted to the Corporation Counsel for enforcement under subsection (2) if remedial action has not occurred within 10 days, or a longer time period if determined appropriate by the Zoning Administrator. Responsible parties and those potentially liable shall include but not be limited to the landowner, tenants, and contractors. (Am. #2018-05-659)

(c)

If the same or similar violation recurs within a 2-year period, whether or not it involves the same property or the same or similar conduct by the owner, agent or contractor, notification of violation may be waived by the Zoning Administrator and immediate legal enforcement action can be commenced under subsection (2). (Am. #2018-05-659)

(2)

ENFORCEMENT OF VIOLATIONS.

(a)

Corporation Counsel shall expeditiously review all violations of this chapter reported by the Zoning Administrator, following the investigation and notices provided for in subsection (1) above, and take action as appropriate. (Am. #2018-05-659)

(b)

A violator shall upon conviction forfeit to the County a penalty in accordance with the forfeiture schedule established in Section 25.04 of the Lincoln County Code of Ordinances, together with the taxable costs in such action.

(c)

Upon failure to pay a forfeiture, the violator may be confined in the County jail until such forfeiture is paid, for a period not exceeding 6 months.

(d)

Each day a violation exists or continues shall be considered a separate and distinct offense to which a separate penalty applies. (Am. #2018-05-659)

(e)

As a substitute for, in addition to, or in conjunction with forfeiture actions, the Corporation Counsel may, on behalf of the County, seek enforcement of any and all parts of this chapter by court actions seeking injunctive orders or restraining orders and/or by pursuing nuisance actions against the violator. (Am. #2018-05-659)

(f)

Compliance with this ordinance may also be enforced pursuant to Wisconsin Statutes.

(3)

VIOLATIONS OF PERMITS ISSUED UNDER THIS CHAPTER.

(a)

Violation of a permit issued under this chapter, or any condition or approved plan associated with such permit, shall be deemed a violation of this chapter, and shall constitute grounds for revocation of the permit, as well as fines and forfeitures and any other available remedies. A permit may be revoked only by action of the body that initially granted the permit, 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 therefore.

(b)

A permit issued in violation of this chapter, other chapters of the Lincoln 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.

(c)

In the event the circuit court determines that a permit has been violated and orders compliance within a time certain, an abridged judgment or order to that effect shall be recorded by the Zoning Administrator with the Register of Deeds if the property owner does not comply. Upon compliance, the Zoning Administrator shall file an affidavit to that effect.