17.801.01.

Zoning Administrator. The Zoning Administrator of the County shall be the zoning official for the purpose of effecting proper administration and enforcement of this Zoning Ordinance, appointed by and under the supervision of the Department Director.

A.

Zoning Administrator. There is hereby created the office of Zoning Administrator for the administration and enforcement of the provisions of this section.

1.

Deputy zoning administrators may be appointed to assist the Zoning Administrator in carrying out the function of their office generally within the town in which they reside.

B.

Powers and Duties of the Zoning Administrator. In the administration and enforcement of this section, the Zoning Administrator shall have the following powers and duties:

1.

Appoint Deputy Zoning Administrators, delegate duties, and give guidance to staff members.

2.

Advise applicants as to the provisions of this section and assist them in preparing permit applications.

3.

Receive, review, and investigate permit applications and fees and make inspections to determine compliance with the provisions of this Ordinance.

4.

Review all applications for zoning permits, site plans, conditional use permits, variances, rezones and take any action required under guidelines stated in this Ordinance.

5.

Issue zoning permits, conditional use permits, non-conforming use certificate in conformance with the provisions of this zoning ordinance. Inspect properties for compliance with this section and document compliance.

6.

Issue written notices to parties responsible for violations of this zoning ordinance identifying the violation and request compliance.

7.

Make on-site inspections of premises to determine compliance of land use activities with the provisions of this Ordinance. Have access to any structure or premises for the purpose of performing his/her duties at a reasonable hour, by permission of the owner and/or occupant or upon issuance of a special inspection warrant in accordance with § 66.0119, Wis. Stats. By applying for a permit or approval, an applicant consents to allow the Zoning Administrator to enter upon and inspect the property as needed.

8.

Upon reasonable cause or question as to proper compliance, to revoke any zoning or Conditional 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 section and/or order restoration and/or after-the-fact compliance.

9.

Make administrative decisions and determinations as are specifically assigned to the Zoning Administrator by the terms of this section.

10.

Forward to the Committee completed applications for petitions for amendments to this Ordinance.

11.

Forward to the Board of Adjustment all materials related to applications for conditional use permits (CUPs), appeals, variances, or other matters on which the Board of Adjustment is required to act.

12.

Report violations of this Section or other land use regulations to the Environmental Resource Committee, the Board of Adjustment, or Corporation Counsel, as necessary.

C.

Maintenance of Records. The Zoning Administrator shall maintain in the county office:

1.

Records of applications received: committee, board, or department action on such applications; permits issued; inspections made; enforcement actions undertaken; and other similar activities.

2.

An original or master of the zoning district map, maintained current with amendments. The boundary lines of each zoning district change shall be described.

3.

An original or master of the zoning code shall be maintained current with amendments.

17.801.02.

Environmental Resources Committee.

A.

Composition, Organization, and Membership. The composition, terms of members, organization and meetings of the Committee shall be in accordance with applicable sections of Chapter 2, Section 2.05 County statutory, program, joint committees and task forces of the Marathon County Code of Ordinances and pursuant to § 59.69 Wis. Stats., and serves as the County Planning Agency pursuant to § 236.02(3), Wis. Stats. The Marathon County Board Chairperson shall appoint two County Board Supervisors, who are members of the Extension and Education Committee, and four other County Board Supervisors to the committee as well as one Farm Service Agency (FSA) Member. [Source: § 92.06(1)(b), Wis. Stats.]

B.

Duties and responsibilities. The duties and responsibilities of the Committee are set forth in the General Code of Ordinances for Marathon County Chapter 2.

17.801.03.

Board of Adjustment.

A.

Establishment. There is hereby established a Board of Adjustment pursuant to § 59.694, Wis. Stats. for the purpose of hearing and deciding administrative appeals, variance applications and applications for conditional uses as provided in this section in harmony with the general purpose and intent of this section.

B.

Composition, Organization, and Membership. The composition, terms of members, organization and meetings of the Board of Adjustment shall be in accordance with applicable sections of Chapter 2, Section 2.06 County non-governance committees, boards, commissions, task forces, and other group relationships of the Marathon County Code of Ordinances. The Board of Adjustment shall be appointed by the County Administrator and confirmed by the County Board. It shall consist of five members, one of whom shall be a County Board Supervisor, and two alternate members. Alternate members shall serve when a regular member will be unable to participate at a scheduled hearing due to conflict of interest or for any other reason.

C.

Membership Requirements.

1.

The members of the Board of Adjustment shall all reside within the County and outside of the limits of incorporated cities and villages; provided, however, that no two members shall reside in the same town. Terms shall be for staggered three-year periods beginning July 1.

2.

The Board of Adjustment shall choose its own chairperson. Official oaths shall be taken by members in accordance with § 19.01, Wis. Stats., within ten days of receiving notice of their appointment.

3.

Vacancies shall be filled for an unexpired term in the same manner as appointments for a full term. Each member shall be paid an amount to be determined by the County Board for each day he/she attends a meeting of the Board and in addition he/she shall receive mileage for each mile traveled in going to and returning from the places of meeting or site inspections by the most usual traveled route, at the rate established by the County Board.

D.

Operating Rules.

1.

The Board shall comply with all requirements of the Wisconsin open meeting law in the conduct of the business before it. The nature of the Board's proceedings are quasi-judicial. The Board may, therefore, deliberate in closed session after a hearing on the matter, provided legal requirements are complied with.

2.

The Board may conduct site inspections of premises and the surrounding areas which are the subject of matters before the Board, provided that when the Board as a unit or individual members are engaged in such site inspections, they shall not allow interested parties to present arguments. Any information or materials shall be received or presented only at hearings before the Board.

3.

The Board shall conduct a public hearing on all conditional uses, variances, and administrative appeals, and resolve boundary disputes before it and shall cause a Class 2 notice under ch. 985, Wis. Stats., to be published and shall give due notice of the hearing to all parties in interest, the town clerk, by certified mail and the town chairman by ordinary mail. Any party may administer oaths to parties testifying and may compel attendance of witnesses.

a.

Due notice to parties in interest shall mean that the office of the Zoning Administrator will by ordinary mail provide reasonable advance notice of all hearings and meetings on any pending matter to the applicant, to owners of record as shown in the real estate file in the property lister's office of properties which are located within 300 feet of the parcel involved in the application, to the clerk and chairman of the town and county board supervisor where the property is located, to the clerk of any city or village located within one and one-half miles of the property involved in the application and to other parties who have made known to the office their specific interest in the matter and their request to receive such notices, and applicable state and federal agencies.

b.

Failure of the office to accomplish such provisions of notice shall not invalidate or prejudice the proceedings, provided the Board concludes that reasonable efforts were made or that the parties who subsequently complain of not having been sent or of not receiving notice did, in fact, know of the proceedings and had reasonable opportunity to attend or be represented or to convey their views prior to the Board's decision.

4.

All testimony before the Board by persons other than Board members and written or documentary evidence or material pertaining to matters before the Board shall be received at the hearings conducted by the Board provided that the content of relevant ordinance or statutory materials shall be deemed to be before the Board in all cases and need not be entered into the record. All parties in interest shall be afforded reasonable opportunity to comment on all materials or information so received. Board members who are in possession of facts which may have a bearing on the matter before the Board shall enter same into the record of the hearing and opportunity shall be allowed for comments on such entries.

5.

If following the close of a hearing the Board finds it necessary or desirable to receive additional information, evidence or arguments which may have a bearing upon the Board's decision, it shall reconvene a public hearing by properly posting an agenda, for the purpose of so doing.

6.

The Board shall deliberate on matters before it. The concurring vote of a majority of the Board shall be necessary to approve any conditional uses, variance or administrative appeal before the Board and to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant or appellant on any matter upon which it is required to pass under this section. The vote of each member on each matter decided by the Board shall be recorded in the minutes. If a member is absent or if a member fails to vote, such fact shall similarly be recorded. The minutes of the Board shall show the Board's decisions and the votes of members thereon. Each decision of the Board shall be accompanied by written reasons in support of the determination, decision, and findings of fact, which written statement shall be signed or acknowledged by the Chair and Secretary and entered into the record.

7.

All decisions by the Board shall be made in accord with the standards of this section. The Board shall decide all matters before it within a reasonable time.

8.

The Board shall cause complete records to be kept of its examinations on matters before it, of public hearings, site inspections, decisions and other official actions, which shall be immediately filed in the Department, and shall be a public record.

9.

The Board may adopt procedural rules not in conflict with this section or State law.

E.

Duties and responsibilities. Pursuant to § 59.694(1), (2) and 59.692(4), (5), Wis. Stats., duties and responsibilities include, but are not limited to, the following:

1.

Conditional Use Permits. The Board of Adjustment shall have authority to hear and decide conditional use permits based on meeting all standards set forth in Section 17.803 of this Ordinance.

2.

Variance. The Board of Adjustment shall have authority to hear and decide variances based on meeting all standards set forth in Section 17.804 of this Ordinance.

3.

Appeals. The Board of Adjustment shall have authority to hear and decide appeals based on meeting all standards set forth in Section 17.804 of this Ordinance.

4.

Interpretation of the Zoning Map. The Board of Adjustment shall act on all questions as they may arise in the administration of this Ordinance, including the interpretation of the zoning district map, and the interpretation of the exact location of a boundary line between zoning districts shown on the zoning district map.

a.

Interpretation of Shoreland Boundaries. The Board of Adjustment shall have the authority to hear and decide applications for interpretations of the location of shoreland boundaries, after the Committee has made a review and recommendation. Shoreland boundaries shall be altered by the Board of Adjustment only when the applicant presents evidence that clearly and conclusively establishes that the location as shown on shoreland boundary maps is incorrect or arbitrary.

To hear and decide conditional use applications to the terms which the Board of Adjustment is required to pass under this Section.

F.

Court Review. Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, officer, department, board of the County 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 of the Board of Adjustment.

G.

Certiorari. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board and shall prescribe therein the time within a return thereto must be made. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application of notice to the Board and on due cause shown, grant a restraining order.

H.

Return Writ. The Board of Adjustment shall not be required to return the original papers acted upon it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth other facts as may be pertinent and materials to show the grounds of the decision appealed from and shall be verified.

I.

Court Decision. If, upon hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with findings of fact and conclusions of law, 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.

J.

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

17.801.04.

Environmental Resources Committee.

A.

Membership. The Environmental Resources Committee shall be comprised of six County Board Supervisors and one representative of the Town Associations of Marathon County appointed by the County Board Chairperson at the April meeting of the County Board in even numbered years.

B.

Term. Members shall serve two-year terms concurrent with their terms of office as County Board Supervisors.

C.

Reporting Relationship. The Environmental Resources Committee is accountable to the County Board. It shall have the responsibility for outcome monitoring and overseeing the implementation of all policies related to the environmental resources of the County. The Environmental Resources Committee shall have the primary responsibility for conferring with and providing guidance to the following County departments:

1.

Conservation, Planning, and Zoning.

2.

Parks, Recreation and Forestry.

3.

Solid Waste Management.

D.

Duties and Responsibilities. The duties and responsibilities of the Committee are set forth in the General Code of Ordinances for Marathon County Chapter 2.

E.

Committee Relationships. The Environmental Resources Committee shall be the committee of jurisdiction providing the leadership for interaction, communications, and policy recommendations to the County Board with respect to the following:

1.

Environmental Resources Committee.

2.

Parks, Recreation and Forestry Committee.

3.

Solid Waste Board.

F.

Other Organization Relationships. The Environmental Resources Committee will also serve as Marathon County's liaison to the following organizations.

1.

Marathon County Park Commission.

2.

Board of Adjustment.

17.801.05

County Board. The County Board is responsible for the enactment, amendment and repeal of this Section. The County Board appropriates funds in support of the Conservation, Planning, and Zoning Department, the office of the Zoning Administrator, Environmental Resources Committee, and Board of Adjustment.

17.801.06.

Schedule of fees.

A.

Fee Schedule. See Department-approved fee schedule as approved by the Committee.

B.

Nonrefundable. All fees received by the Zoning Administrator are nonrefundable, and shall be placed in the County treasury, except if applicant files a written request for a refund under Section 17.808 and is granted approval.

C.

After-the-Fact fee. Any building or structure erected, constructed, placed, moved or structurally altered or for any development or use of land, premises, building, or structure without obtaining all permits and approvals prior to commencing the above stated activities may result in a double fee. Such determination shall be made by the Zoning Administrator, taking into consideration unique situations, required staff time, as well as other applicable factors which could affect the potential issuance of a zoning permit.

(O-34-23)

17.802.01.

Zoning permits required.

A.

Permit Required. A zoning permit shall be issued before any of the following may occur:

1.

Prior to the erection, structural alteration, or moving of any building or structure except as exempted in this section.

2.

Prior to the establishment of a new use, whether the land is currently vacant or if a substantial change in land use is proposed.

3.

Prior to any change in use of an existing building or structure.

B.

Exemptions. A zoning permit shall not be required for the following:

1.

Alterations involving ordinary maintenance and repair.

2.

For new minor structures as defined in Section 17.902.

C.

Issuance. Zoning permits shall be issued only in conformity with the provisions of this Zoning Ordinance, unless the Zoning Administrator receives a written order from the Board of Adjustment deciding an appeal or variance. Zoning permits shall be issued only if the parcel is in compliance with General Code of Ordinances Chapter 18 Marathon County Land Division and Surveying Regulations and where applicable, issuance of a sanitary permit is a precondition to issuance of a zoning permit.

17.802.02.

Application requirements. Completed applications for zoning permits shall be submitted to the Zoning Administrator and accompanied by the appropriate fee as specified by the Department fee schedule. Applications for zoning permits shall be on forms provided by the Zoning Administrator. At a minimum the applicant must supply the following information:

A.

Name, address, and phone number of all persons having an ownership in the premises;

B.

The location, total size, and parcel identification number of the lot or lots including a legal description;

C.

Zoning district;

D.

Relative location of any and all nearby public and private streets;

E.

The existing and intended use of the lot or lots;

F.

A site plan (which may be required to be drawn to scale) shall include the following;

1.

The dimensions and configuration of the lot;

2.

Proposed setback distances to side and rear property lines, roads (either right-of-way lines or centerlines), septic system components, access easements, and unique site features such as wetlands and waterways;

3.

The location of all existing, temporary, and proposed building(s) or structures;

4.

The location of all existing public and/or private streets abutting the lot;

5.

Existing and/or proposed private onsite wastewater treatment system(s);

6.

Open space(s);

7.

Parking area(s);

8.

All projects/developments within the shoreland, wetland, and/or floodplain areas shall adhere to all applicable site plan standards and requirements of the Chapter 22 Shoreland, Shoreland-Wetland, Floodplain Ordinance;

9.

Any applicable easements (access, utility, etc.).

G.

Approximate/estimated value of the development, construction, or project;

H.

On residential parcels, the number of dwelling units contained within each building and proposed number of bedrooms;

I.

Location and dimensions of all buildings or structures to be erected, structurally altered, or moved; and

J.

Such other information concerning the lot or adjacent lots as may be necessary to determine conformance with this Zoning Ordinance.

17.802.03.

Review and issuance of zoning permit. Zoning permits shall be reviewed and acted upon by the Zoning Administrator under the following conditions:

A.

Within 20 working days after receipt of the completed application, provided that payment of all applicable fees have been made. The Zoning Administrator shall issue a zoning permit if the application and information obtained through field inspections complies with all applicable regulations. If denied, the Zoning Administrator shall give written notice of denial and state reasons for denial including sections of the Zoning Ordinance that the applicant does not comply with.

B.

Upon approval of conditional uses by the Board of Adjustment as set forth in Section 17.803.

C.

Upon approval of a variance or appeal by the Board of Adjustment as set forth in Section 17.804.

D.

Once the Board of Adjustment has authorized issuance of a zoning permit, the Zoning Administrator shall issue the zoning permit within 20 working days of such authorization except as otherwise provided in this section.

E.

An application for a zoning permit which has been made to the county pursuant to Sections 17.802.01 and 17.802.02 shall be processed under the regulations effective at the time the application was submitted.

F.

The Zoning Administrator shall issue a placard to be posted in a conspicuous place on the property for which a zoning permit is issued, attesting to the fact that the activity is in conformance with the provisions of this Zoning Ordinance.

17.802.04.

Expiration of zoning permits.

A.

Commencement. The zoning permit shall become void if no construction has begun or use changed within six months of the date of issuance of the permit unless an extension is granted by the Zoning Administrator for another six-month period. After one year, a new zoning permit is required. Site preparation does not constitute start of construction.

B.

Completion. If the project in the zoning permit application has not been completed within two years of the date of issuance, the permit shall be revoked by the Zoning Administrator, and written notice shall be given to the persons affected, with notice that further work, described on the revoked zoning permit shall not proceed unless and until a new zoning permit has been obtained.

C.

In the event of unforeseen events or situations of which have an effect on an entire town or County, such as a epidemic, pandemic, or natural disaster, the Zoning Administrator may extend the deadline for the commencement or completion of a zoning permit. Taking into consideration the permit issuance date, unforeseen factors which have directly affected the availability of building materials and/or labor, as well as county or state-wide orders (by executive/legislative order or other superseding authority).

(O-34-23)

17.803.01.

Purpose and authority.

A.

Purpose. Certain uses are of such a nature, or their effects are as dependent upon specific circumstances as to make impractical the determination in advance of where and when and under what conditions they should be permitted. Provision has been made in this section for the determination of such uses as conditional uses. Conditional uses are land uses listed as such in Table 3 Uses Permitted by District. They may be established in such district only upon approval by the Board of Adjustment.

The procedures and standards in this Chapter are intended to provide a consistent and uniform method for review of conditional use permit proposals. These review procedures and standards are intended to accomplish the following purposes:

1.

Ensure full compliance with the standards contained in this Ordinance and other applicable local ordinances, and state and federal laws.

2.

Achieve efficient use of the land.

3.

Prevent adverse impact on adjoining or nearby properties.

4.

Protect natural resources.

5.

Facilitate development in accordance with the County's land use objectives per the Comprehensive Plan.

B.

Authority. Wind Energy Systems forwarded to the Board of Adjustment under Section 17.405.04(D)(2) shall be reviewed and either approved or denied in accordance with the criteria enumerated in PSC 128, Wis. and Sections 17.405.01 through 17.405.10.

17.803.02.

Application procedures. Any application for a conditional Use Permit under this Zoning Ordinance shall be submitted in accordance with the following procedures:

A.

Application. Any application for a conditional Use Permit shall be submitted to the Board of Adjustment on forms provided by the Zoning Administrator. Each application shall be accompanied by the payment of a fee as specified by the Department fee schedule. The application may include single parcels of land or groupings of parcels, contiguous or noncontiguous. In addition, the Board of Adjustment, where appropriate, may refer an application to qualified consultants for study and a report if it deems necessary. The cost of such study and report shall be at the expense of the applicant and the report shall be completed as soon as is practicable.

B.

Applicant Eligibility. The application shall be submitted by the owner of an interest in land for which conditional use approval is sought, or by the owner's designated agent. The applicant or a designated representative should be present at all scheduled review meetings and/or public hearings or consideration of the proposal may be delayed.

C.

Information Required with Application.

1.

Form. Form provided by Zoning Administrator completed by applicant.

2.

Site Plan. Site plan or plot plan that complies with the site plan submittal requirements of Section 17.802.02.F. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review or placed on the Board of Adjustment agenda.

3.

Fee. A fee as specified in the Department fee schedule.

4.

General Standards. A statement supported by substantiating evidence regarding the requirements enumerated in Section 17.803.03.B.

D.

Timeframe. Conditional use applications must be submitted to the Zoning Administrator or designee at least 45 days prior to the Board of Adjustments meeting.

E.

Submission of a Completed Plan. The conditional use application materials including the completed site plan, and required fees, shall be submitted to the Zoning Administrator for review.

F.

Review by County Officials. The Zoning Administrator and other appropriate county officials shall review the site plan and application materials, and prepare a written review, which shall specify any deficiencies in the site plan and application and make recommendations as appropriate.

G.

Submission of a Revised Plan and Conditional Use Application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the Zoning Administrator's review. The applicant shall then submit the revised plan for further review by staff and the Board of Adjustment.

H.

Board of Adjustment Public Hearing. After all application materials have been deemed complete, the application shall be transmitted by the Zoning Administrator to the Board of Adjustment and reviewed in accordance with following public hearing procedures:

1.

Acceptance for Processing. The application shall be placed on the agenda of the next available scheduled Board of Adjustment meeting.

2.

Notification. The Board of Adjustment shall hold a public hearing in accordance with the procedures specified in Section 17.801.03.D.

3.

Board of Adjustment Consideration and Review. The Board of Adjustment shall review the proposed development, as presented on the submitted form and site plans and specifications, in terms of the standards established in this Zoning Ordinance.

4.

Process. The Board of Adjustment shall consider the site plan and conditional use application simultaneously.

5.

Plan Revision. If the Board of Adjustment determines that revisions are necessary to bring the conditional use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the conditional use proposal shall be placed on the agenda of the next available scheduled meeting of the Board of Adjustment for further review and possible action.

I.

Board of Adjustment Determination. The Board of Adjustment shall review the application for conditional use, together with the previous meetings' findings and reports and recommendations from the Zoning Administrator, public safety officials, and other reviewing agencies. The Board of Adjustment shall then make a determination on the conditional use application, as set forth in Section 17.803.03 and based on the Substantial Evidence, other requirements and standards of this Ordinance. The Board of Adjustment may approve, approve with conditions, or deny a conditional use request as follows:

1.

Approval. Upon determination by the Board of Adjustment that the final plan for conditional use is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.

2.

Approval with Conditions. The Board of Adjustment may impose reasonable conditions with the approval of a conditional use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements:

a.

Conditions must be to the extent of practical and measurable.

b.

Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

c.

Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

d.

Conditions shall be necessary to meet the intent and purpose of this Ordinance, related to the standards established in this Ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards. These conditions may include, but are not limited to the following:

1)

Permit duration, transfer or renewal.

2)

Setback and yard dimensions.

3)

Specified sewage disposal and water supply facilities.

4)

Landscaping and planting screens.

5)

Operational controls.

6)

Sureties.

7)

Deed restrictions.

8)

Location of structures, docks, piers or signs.

9)

Location and amount of parking facilities.

10)

Type of construction.

11)

The obtaining of other permits required by the state or federal government agencies, and other county requirements based upon other ordinances as conditions that must be met before issuance of such permit.

3.

Denial. Upon determination by the Board of Adjustment that a conditional use proposal does not comply with the spirit or intent or standards and regulations set forth in this Ordinance, or would constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the county, the conditional use proposal shall be denied.

J.

Recording of Board of Adjustment Action. Each action taken with respect to a conditional use shall be duly recorded in the minutes of the Board of Adjustment. 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.

K.

Effect of Approval. Upon approval, a conditional use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located. 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 Board of Adjustment may impose conditions such as the permits duration, transfer or renewal.

L.

Application for a Zoning Permit when required. Prior to issuance of a zoning permit, the applicant shall submit proof of the following:

1.

Final approval of the conditional use application.

2.

Final approval of the site plan.

3.

Final approval of any required engineering plans.

4.

Approval of all other applicable county, state, or federal permits.

M.

Expiration of Conditional Use Approval. The conditional use permit shall become void.

1.

At the expiration of one year after the date of issuance unless construction is commenced.

a.

Upon written request from the applicant, a 12-month extension from the date of expiration may be granted by the Board of Adjustment, if it finds that the approved conditional use application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received prior to the expiration date or a new application for conditional use review will be required.

2.

If the project has not started within one year after the date of issuance, construction has not been completed and the use has not started within two years of the date of issuance.

N.

Rescinding of Conditional Use Approval. Approval of a conditional use permit and site plan may be rescinded by the Board of Adjustment if construction is not in conformance with the approved plans. In addition, the breach of any condition, safeguard or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this zoning ordinance.

1.

Consideration and Notice. Should rescinding be considered, the Zoning Administrator shall ask that the conditional use be placed on the agenda of the Board of Adjustment. The Board of Adjustment shall notify the original applicant and/or project representative of the date, time and place of the meeting at least 20 days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The Board of Adjustment, as appropriate, may rescind approval if it finds that a violation exists and has not been remedied prior to the meeting.

17.803.03.

Basis of determination.

A.

Conformance with Requirements. The applicant shall be required to establish by clear and convincing evidence that the applicable standards of this Chapter, the specific standards pertinent to each conditional use, including site plan review criteria set forth for applicable site development standards for specific uses set forth elsewhere in this Chapter (refer to Section 17.204, Development Standards for Specific Uses) have been met.

B.

General Standards. The Board of Adjustment shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards:

1.

Compatibility with Adjacent Uses. The proposed conditional use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:

a.

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

b.

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

c.

The hours of operation of the proposed use. Approval of a conditional use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

d.

The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

2.

Comprehensive Plan. The proposed conditional use will be harmonious with and in accordance with the general objectives or with any specific objective of the town and county comprehensive plan.

3.

Compliance with Applicable Regulations. The proposed conditional use shall be in compliance with all applicable federal, state, and local laws and ordinances.

4.

Use of Adjacent Property. The proposed conditional use shall not interfere with the use and enjoyment of adjacent property.

5.

Public Services. The proposed conditional use will be served adequately by essential public facilities and services including, but not necessarily limited to, utilities, highways, streets, police and fire protection, drainage structures, refuse disposal, and school(s); unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the conditional use is completed.

6.

Impact of Traffic. The location of the proposed conditional use shall, within the zoning district, minimize the impact of traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:

a.

Proximity and access to major thoroughfares.

b.

Estimated traffic generated by the proposed use

c.

Proximity and relation to intersections.

d.

Adequacy of driver sight distances.

e.

Location of and access to off-street parking.

f.

Required vehicular turning movements.

g.

Provision of pedestrian traffic (if applicable).

7.

Enhancement of Surrounding Environment. The proposed conditional use shall provide the maximum feasible enhancement of the surrounding environment and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:

a.

The provision of landscaping and other site amenities. Provision of additional landscaping over and above the specific requirements of this Ordinance may be required as a condition of approval of a conditional use.

b.

The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.

8.

Impact on Public Health, Safety, and Welfare. The proposed conditional use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed in a manner that is detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, light, and environmental impact.

9.

Isolation of Existing Uses. The location of the proposed conditional use shall not result in a small residential area being substantially surrounded by non-residential development, and further, the location of the proposed conditional use shall not result in a small non-residential area being substantially surrounded by incompatible uses.

10.

Substantial Evidence. Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions.

17.803.04.

Regulations pertaining to conditional uses. For uses listed as conditionally permitted in Section 17.203.05 Table 3. Uses Permitted by District, in addition to complying with the general standards set forth in Section 17.803.03.B., an application for a Conditional Use Permit shall not be approved unless all applicable conditions and standards of Section 17.204 (Development Standards for Specific Uses) are complied with for each conditional use, in addition to all applicable district regulations.

17.803.05.

Enforcement of town issued conditional use permits. Conditional use permits/Special Exceptions issued by any town prior to its adoption of this Ordinance shall remain in full force and effect and are enforceable under this Ordinance, except to the extent the use is no longer allowed as a conditional use under this Ordinance. If the use subject to the permit or special exception is eliminated as a conditional use by this Ordinance, the use shall remain as a legal non-conforming use, but any restriction or terms set forth in the permit or exception shall not be enforceable. Administration and enforcement of Conditional use permits shall be as provided in Sections 17.803 and 17.807.

(O-34-23)

17.804.01.

Purpose.

A.

Purpose. The purpose of this section is to provide guidelines and standards to be followed by the Board of Adjustment in considering requests for variances and appeals, where the jurisdiction of the Board of Adjustment has been established by Section 17.801.03.

B.

Purpose of Variances and Appeals.

1.

Variances. Variances are waivers in the terms of this section. In a variance case, the terms of this Section are not in dispute. An applicant for a variance acknowledges that this Section forbids the development for which approval is sought. Two avenues of relief can be pursued in such a case. One is for the applicant to seek an amendment to this Section. The second possible avenue of relief, one that is available only under strictly defined circumstances, is to seek a variance. Variances are an available form of relief only where the use in question is allowed in the zoning district, but the dimensional standards (setbacks, minimum lot area, building height, etc.), block or hinder the desired form of development. Where dimensional standards create a hardship which can be relieved by modifying the standards for that parcel of land without destroying the basic intent of this Section, a variance is the appropriate means of granting the relief. The variance procedure allows the impact of general rules to be varied in response to unusual circumstances without involving the County Board in amendment procedures for each such localized situation. The Board of Adjustment may authorize in specific cases such variance from the terms of this Section as will not be contrary to the public interest where owing to special conditions affecting a particular property a literal enforcement of the provisions of this section would result in unnecessary hardship.

2.

Appeals Matters.

a.

Decisions by the Zoning Administrator which consists of interpretations of the terms of this Section, and which are made in the course of determining whether a permit of approval will be issued by such Administrator are appealable to the Board of Adjustment as administrative appeals.

b.

Decisions by the Zoning Administrator to issue an enforcement demand or to commence other section enforcement activities, where the Administrator has determined that violation of this Chapter exists, is appealable to the Board of Adjustment as an administrative appeal.

c.

Decisions by the Committee which consists of interpretations of the terms of this Chapter and which are made in the course of determining whether a permit or approval will be issued by the Zoning Administrator are appealable to the Board of Adjustment as administrative appeals. An appeal must be filed within 30 days of issuance of the applicable written decision, and such appeal shall be made on forms made available by the Zoning Administrator.

17.804.02.

Application procedures. Completed applications for variances and appeals shall be submitted to the Zoning Administrator and accompanied by the appropriate fee as specified by the Department fee schedule. Applications for variances and appeals shall be on forms provided by the Zoning Administrator. Any application for a variance or appeal under this zoning ordinance shall be submitted in accordance with the following procedures:

A.

Application. Any application for a variance or appeal shall be submitted to the Board of Adjustment on forms provided by the Zoning Administrator. Each application shall be accompanied by the payment of a fee as specified by the Department fee schedule. The application may include single parcels of land or groupings of parcels, contiguous or noncontiguous. In addition, the Board of Adjustment, where appropriate, may refer an application to qualified consultants for study and a report if it deems necessary. The cost of such study and report shall be at the expense of the applicant and the report shall be completed as soon as is practicable.

B.

Applicant Eligibility.

1.

The application for a variance shall be submitted by the owner of an interest in land for which variance is sought, or by the owner's designated agent. The applicant or a designated representative should be present at all scheduled review meetings and/or public hearings or consideration of the proposal may be delayed.

2.

The application for an appeal may be initiated by any person aggrieved by the decision or interpretation being appealed or by any officer, department, board or committee of the County government. An aggrieved appellant must have a legally recognizable interest which is or will be affected by the action of the zoning authority in question. The applicant or a designated representative should be present at all scheduled review meetings and/or public hearings or consideration of the proposal may be delayed.

C.

Information Required with Application.

1.

Form. Forms provided by Zoning Administrator to be completed by the applicant. Applications involving a request for a variance shall specify the section number(s) containing the standards from which a variance is sought and the nature and extent of such variance.

2.

Variance Site Plan. Site plan or plot plan that complies with the site plan submittal requirements of Section 17.802.02.F. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review or placed on the Board of Adjustment agenda.

3.

Grounds for Appeal. An appeal shall be commenced by filing a notice of appeal specifying the decision appealed from, the grounds for appeal, and the relief requested.

4.

Fee. A fee as specified in the Department fee schedule.

5.

General Standards. A statement supported by substantiating evidence regarding the requirements enumerated in Section 17.803.03.B.

D.

Timeframe.

1.

Variances. Variance applications must be submitted to the Zoning Administrator or designee at least 45 days prior to the Board of Adjustment meeting.

2.

Appeal. Applications for appeal shall be filed with the Zoning Administrator or designee within 30 business days after making of the decision or interpretation being appealed.

E.

Complete. Variance and appeal applications must be complete before they will be accepted and processed.

17.804.03.

Application requirements. At a minimum the applicant must supply the following information:

A.

Variance Application.

1.

Contents. In order to be complete, a variance application must contain the following information, where applicable:

a.

A completed variance application form including property owner(s) signature.

b.

A site plan and information as set forth in Section 17.802.02.

c.

The name, address, phone number and signature of the person authorized by the owner(s) to be the representative.

d.

A statement indicating the exact nature of the variance being requested and why the variance is necessary.

e.

A statement demonstrating the variance requested is needed due to an unnecessary hardship, unique property limitations and that there will be no harm to public interests.

f.

Any additional information required by the Zoning Administrator or the Board of Adjustment to make the determination requested herein.

B.

Appeals Application.

1.

Contents. In order to be complete, an appeals application must contain the following information;

a.

The code section which was the subject of the determination, decision, and/or action.

b.

The determination, decision, and/or action or part thereof that is being appealed.

c.

A clear and concise statement of the decision the appellant wants the Board of Adjustment to make.

d.

Reasons why the determination, decision, and/or action or part thereof was inappropriate.

e.

Reasons indicating why the relief requested by the appellant in subsection c, above, are appropriate.

17.804.04.

Public hearing by the Board of Adjustment.

A.

Board of Adjustment Public Hearing. After all application materials have been deemed complete, the application shall be transmitted by the Zoning Administrator to the Board of Adjustment and reviewed in accordance with following public hearing procedures:

1.

Acceptance for Processing. The application shall be placed on the agenda of the next available scheduled Board of Adjustment meeting.

2.

Notification. The Board of Adjustment shall hold a public hearing in accordance with the procedures specified in Section 17.801.03.D.

B.

Board of Adjustment Consideration and Review. The Board of Adjustment shall review the proposed variance or appeal, as presented on the submitted form and site plans and documentation, in terms of the standards established in this Zoning Ordinance.

1.

Process. The Board of Adjustment shall consider all documents simultaneously.

2.

Plan Revision. If the Board of Adjustment determines that revisions are necessary to bring the proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the proposal shall be placed on the agenda of the next available scheduled meeting of the Board of Adjustment for further review and possible action.

C.

Hearing Continuation. The Board of Adjustment members may recess such public hearing as necessary to gather additional information or evidence needed to make a decision. If the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.

17.804.05.

Standards for variances and appeals. Variances and appeals shall be granted only in accordance with and based on the findings set forth in this section. The burden of proof for variances and appeals shall be upon the applicant. The extent to which the following factors, standards, and criteria apply to a specific case shall be determined by the Board of Adjustment.

A.

Area Variances.

1.

No variance may be granted unless there is an unnecessary hardship present in that a literal enforcement of the terms of the zoning ordinance would unreasonably prevent the owner from using the property for a permitted purpose (leaving the property owner without any use that is permitted for the property) or render conformity with such restrictions unnecessarily burdensome. The Board of Adjustment must consider the purpose of the zoning restriction, the zoning restriction's effect on the property, and the short-term, long-term and cumulative effects of a variance on the neighborhood, the community and on the public interests.

2.

No variance may be granted unless there is a hardship due to the unique physical limitations of the property such as steep slopes or wetlands rather than the circumstances of the applicant.

3.

No variance may be granted that is contrary to the public interest as expressed by the objectives of the ordinance.

B.

Evidence Required. The applicant shall show by a preponderance of the evidence that the variance is justified, as determined by the Board of Adjustment. A variance:

1.

Shall be consistent with the spirit, intent and purpose of this section;

2.

Shall not be granted because of conditions that are common to a group of adjacent lots or premises;

3.

Shall not be granted unless it is shown that the variance will not be contrary to the public interest and will not be damaging to the rights of other persons or property values in the area;

4.

Shall not be granted for actions which require an amendment to this section or the maps;

5.

Shall not have the effect of granting or increasing a use of property which is prohibited in a particular zoning district;

6.

Shall not be granted solely on the basis of economic gain or loss;

7.

Shall not be granted for a self-created hardship;

8.

Shall not damage the rights or property values of other persons in the area;

9.

Shall not allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure;

10.

Shall demonstrate whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and/or

11.

Shall not permit standards less restrictive than those required by the Wis. Stats., Wisconsin Administrative Code or the State Department of Natural Resources.

C.

Variance Conditions.

1.

Conditions shall be attached in writing to all approved variances where such conditions will achieve compliance with standards of this section.

2.

Conditions may include, but are not limited to, specifications in Section 17.803.02.

D.

Appeal to Board of Adjustment. Applicant may file an appeal on determinations, decisions, and/or actions on matters relating to this Ordinance where it is alleged that an error in any order, requirement, decision or interpretation has been made. The Board of Adjustment shall reverse a determination, decision, and/or action only if it finds that the determination, decision, and/or action appealed:

1.

Was arbitrary or capricious; or

2.

Was based on an erroneous finding of a material fact; or

3.

Was based on erroneous interpretation of this Ordinance or zoning law; or

4.

Constituted an abuse of discretion.

17.804.06.

Action by the Board of Adjustment. Decisions by the Board of Adjustment. Following a public hearing and other investigation, the Board shall decide the matter based upon whether the decision, determination or interpretation being appealed was in error. The Board may reverse or affirm, wholly or partly, or may modify the decision, determination, or interpretation appealed from and may make such decision as ought to have been made, and to that end shall have all powers of the official from whom the appeal is taken. All decisions by the Board on administrative appeals shall be based upon the terms of this section and evidence as to legislative intent. With an affirmative decision, the Board of Adjustment may impose conditions.

17.804.07

Variance approval period. If construction has not commenced within 12 months after the Board of Adjustment grants a variance to permit the erection or alteration of a building, then the variance shall become null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the Zoning Administrator and/or Board of Adjustment.

17.804.08.

Stay of proceedings. An appeal to the Board of Adjustment shall stay enforcement proceedings in furtherance of the appealed action, unless the Zoning Administrator and/or Corporation Counsel certifies to the Board of Adjustment, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by an injunction granted by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. A stay of enforcement proceedings shall not stay the County's authority to issue a stop work order on a project that may be in progress and being performed in a manner that is not in conformance with applicable ordinances and regulations. Also, it shall not stay a project when the appeal is brought by a third-party contesting the issuance of a permit.

(O-34-23)

17.805.01.

Applicability. The provisions of this Chapter shall apply to uses, structures, and lots that legally existed as of the effective date of this Ordinance, February 16, 2016, but that become nonconforming as the result of application of this Ordinance to them or from reclassification of the property under any subsequent amendments to this Ordinance.

17.805.02.

Purpose. It is the general policy of the County of Marathon to allow non-conforming uses, structures, or lots to continue to exist and to be put to productive use. However, it is also the general policy of the county to bring as many aspects of such nonconformities into conformance with this Ordinance as is reasonably practicable, all subject to the limitations of this section. The limitations of this section are intended to recognize the interests of property owners in continuing to use their property but to reasonably control expansions, reestablishment of discontinued uses, and the re-establishment of nonconforming buildings and structures that have been substantially destroyed.

17.805.03

Authority to continue. Nonconformities shall be allowed to continue in accordance with the requirements of this Chapter.

17.805.04.

Construction approved prior to ordinance. Nothing in this section shall prohibit the completion of construction and use of a nonconforming building for which a zoning permit has been issued prior to the effective date of this Ordinance, provided that the construction is commenced within 90 days after the issuance of such permit; that construction is carried on diligently and without interruption for a continuance period in excess of 30 days; and that the entire building shall have been completed within two years after the issuance of said zoning permit.

17.805.05.

Displacement. No nonconforming use shall be extended to displace a conforming use.

17.805.06.

Illegal uses. Nonconforming uses existing at the effective date of this Ordinance not validly established under existing zoning laws shall be declared illegal nonconforming uses and shall be discontinued within a period of two years following the effective date of this Ordinance. Conditionally permitted uses in any district shall not be considered a legally established use, unless validly nonconforming, under this or any prior ordinance unless a valid conditional use permit has been issued pursuant to the relevant ordinance and unless such permit remains valid.

17.805.07.

Unsafe structures. Nothing in this section shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by the Zoning Administrator.

17.805.08.

Certificate of nonconforming use. The Zoning Administrator shall issue a "Certificate of Non-conforming Use" to all known owners of legal nonconforming use property, the use of which does not conform to the provisions of the district in which the property is located.

17.805.09.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use created thereby.

17.805.10.

Repairs and maintenance. Repairs and normal maintenance required to keep nonconforming uses and structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this section or required by law or ordinance.

17.805.11.

Nonconforming uses. Nonconforming uses shall be subject to the following standards:

A.

Enlargement. A nonconforming use may be enlarged, increased, or extended beyond the area it occupied as of the effective date of this Ordinance, February 16, 2016, provided that the Zoning Administrator and/or Board of Adjustment, finds all of the following:

1.

The enlargement will not interfere with the operation of conforming uses in the district or with circulation on adjacent public streets;

2.

The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconforming use; and

3.

All increases and enlargements do not exceed 50 percent of the area that the non-conforming use occupied as of the effective date of this Ordinance.

B.

Relocation. No nonconforming use shall be moved in whole or in part from its original location as of the effective date of this Ordinance to any other part of such parcel, building, structure, or to another lot except in compliance with this Ordinance.

C.

Discontinuance and Abandonment.

1.

If a nonconforming use is discontinued for a period of 12 consecutive months or more, any use of the property thereafter shall be in conformance with regulations and provisions set by this Ordinance for the district in which such property is located.

2.

Discontinuance of a nonconforming use may be indicated by non-use and the removal of either stock-in-trade or substantially all equipment, fittings, or furniture needed to operate the use.

D.

Damage or Destruction. If any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent, such use shall not be restored except in conformance with this Ordinance. The determination of such assessed value shall be made by the Zoning Administrator or designee, which may, if necessary, consult with a county-appointed appraiser.

E.

Change in Use/Substitution.

1.

The Board of Adjustment may permit a nonconforming use to be changed to a second non-conforming use provided that the new use shall be of the same general character or of a character less intensive than the original non-conforming use and provided the new use will result in equal or less impact on the surrounding community and district.

2.

A nonconforming use that changes to a conforming use or to a second non-conforming use as set forth in paragraph (1) above may not thereafter revert to the original nonconforming use.

F.

Accessory Uses. No use that is accessory to a principal non-conforming use shall continue after such principal nonconforming use ceases or terminates.

17.805.12.

Nonconforming structures. Nonconforming structures shall be subject to the following standards:

A.

Enlargement. A building which is nonconforming due to setbacks shall be allowed so long as the extension is not closer to the property line and the extension does not exceed 50 percent of the existing building footprint over the life of the structure. A nonconforming structure may otherwise be enlarged, increased, or extended beyond the area it occupied as of the effective date of this Ordinance, provided the Zoning Administrator, finds all of the following:

1.

The enlargement will not create a new non-conformity or increase the degree of existing non-conformity (e.g., if a structure is non-conforming as to rear yard setback as of the effective date of this Ordinance, it cannot subsequently be enlarged such that it becomes non-conforming as to height or encroaches further into the required rear yard setback);

2.

The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets;

3.

The enlarged structure will cause no greater adverse impacts on surrounding properties than did the original non-conforming structure; and

4.

That over the life of the structure, all increases and enlargements do not exceed 50 percent of the footprint that the non-conforming structure occupied as of the effective date of this Ordinance.

B.

Damage or Destruction.

1.

If any nonconforming structure is damaged or destroyed, by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation the structure may be reconstructed at the same size, same location and same use. If the structure damaged or destroyed is in a floodplain, it must be floodproofed pursuant to General Code of Ordinances for Marathon County Chapter 22 Shoreland, Shoreland-Wetland, and Floodplain. If no zoning permit is issued within one year of the date of the calamity or if a zoning permit has been issued and construction is not completed within two years of the date of the calamity any new structure shall be in conformance with this Ordinance.

2.

If a nonconforming structure is damaged or destroyed, by any means, to the extent of 50 percent or less, no repairs or restoration shall be made unless commenced within six months and completed within 24 months of the date of the calamity. The determination of such damage shall be made by the Board of Adjustment, which may, if necessary, consult with an outside building expert.

C.

Rebuilding, Renovating or Remodeling.

1.

Any nonconforming structure may be rebuilt, renovated, or remodeled at the same size, same location and same use. A nonconforming structure may be permitted to be relocated/rebuilt consistent with Section 17.805.12(D). Enlargement may be permitted if the addition(s) conform to Section 17.805.12(A) as well as all other applicable ordinances and regulations. If the structure is in a floodplain and/or shoreland overlay district it must comply with floodplain and/or shoreland regulations pursuant to General Code of Ordinances for Marathon County Chapter 22, Shoreland, Shoreland-Wetland, and Floodplain.

D.

Relocating and/or Rebuilding. A building which is non-conforming due to setbacks may otherwise be relocated or rebuilt beyond the area it occupied as of the effective date of this Ordinance, provided the Zoning Administrator, finds all the following:

1.

There are no other alternative locations on the lot where the building/structure can be located while adhering to all applicable setbacks.

2.

The relocation will not create a new non-conformity or increase the degree of existing non-conformity (e.g., if a structure is non-conforming as to rear yard setback as of the effective date of this Ordinance, it cannot subsequently be enlarged such that it becomes non-conforming as to height or encroaches further into the required rear yard setback).

3.

The relocation will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets.

4.

The proposed location of the relocated/rebuilt structure shall be less non-conforming than the existing location of the structure.

5.

The relocated/rebuilt structure will cause no greater adverse impacts on surrounding properties than did the original non-conforming structure.

6.

The proposed relocation/rebuild improves the public health and safety of adjacent properties and roadways.

7.

Nonconformity is minimized as a result of the structural relocation/rebuild to the best of the applicant's ability.

8.

(Where applicable) the proposed relocation/rebuild shall be consistent with the floodplain and shoreland standards and requirements of the Chapter 22, Shoreland, Shoreland-Wetland, and Floodplain Ordinance.

17.805.13.

Nonconforming lots of record.

A.

Development Permitted. Regardless of the size of a lot of record that legally existed as of the effective date of this Ordinance, and subject to paragraph B. below, such lot may be developed for any use permitted in the district in which the lot is located, provided that where setback, width, open space, density, or other requirements make development impractical, the Board of Adjustment may permit development to occur after granting specific variances.

B.

Land Division. No portion of such parcel shall be used or sold in a manner that renders compliance with the lot area requirements set forth in this Ordinance less feasible, nor shall any division of any parcel be made that creates a lot with a width or area less than the requirements set forth in this Ordinance.

(O-34-23)

17.806.01.

Purpose.

A.

Purpose. To set forth the procedures for the adoption and amendment of the text of this section and the zoning maps adopted by this section.

B.

Comprehensive Revision. It shall be the county's policy of providing an opportunity for Marathon County towns to reconsider and opt out of county zoning by conducting a comprehensive revision of this section at a minimum of ten-year intervals. Ten-year intervals shall ensure zoning code compliance with the county's and town's comprehensive plan revisions in accordance with state statutes.

C.

Shoreland and Floodplain Amendments. Amendments to regulations or changes to district boundaries in shoreland or floodplain areas shall be based on standards set forth in the General Code of Ordinances for Marathon County Chapter 22, Shoreland, Shoreland-Wetland, and Floodplain

17.806.02.

Authority.

A.

Authority. The regulations imposed and the zoning districts created under authority of this section may be amended from time to time by ordinance in accordance with § 59.59, Wis. Stats. An amendment shall be granted or denied by the County Board only after a public hearing before the Committee and a report of its findings and recommendations has been submitted to the County Board.

B.

Text or Map Amendments. The County Board may amend the regulations of an ordinance or change the district boundaries. Amendments may be made to the text of the ordinance and/or to the zoning maps adopted by this section.

17.806.03.

Initiation of amendments.

A.

Initiation. A petition for amendment of this section may be initiated by any property owner in the area to be affected by the amendment, by the town board of any town wherein this section is in effect, by the Zoning Administrator, by any member of the County Board or the Committee as follows:

1.

Motion of the Committee; or

2.

Adoption of a resolution by County Board and direction to the Committee; or

3.

Filing of a petition for zoning amendment application with the Zoning Administrator.

17.806.04.

Application procedures. Any application for a petition for zoning amendment under this Zoning Ordinance shall be submitted in accordance with the following procedures:

A.

Application. Any application for a petition for zoning amendment to the text of this Ordinance or an amendment to change the zoning classification of a particular property shall be commenced by filing the petition with the Zoning Administrator on the forms provided by the Zoning Administrator. Each application shall be accompanied by the payment of a fee as specified by the Department fee schedule. The petition shall explicitly describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a map and legal description.

B.

Information Required with Application.

1.

Form. Form provided by Zoning Administrator and completed by property owner or agent;

2.

Name, address, and phone number of all persons having an ownership in the premises;

3.

The location, dimensions, and parcel identification number of the lot or lots including a legal description;

4.

Existing zoning district and proposed zoning district;

5.

The existing and intended use of the lot or lots;

6.

Such other information concerning the lot or adjacent lots as may be necessary to determine conformance with this zoning ordinance;

7.

Site Plan. A plan of the site drawn to scale showing dimensions of the lot and the location of all existing and proposed building and structures; required front, rear, side yard area, open space, and parking areas, driveways, easements; location of nearby public and private streets and other existing improvements on the site and within 100 feet of the site; location of existing drainage courses, floodplains, lakes and streams, and woodlots; location of private onsite wastewater treatment systems (POWTS), existing and proposed (if applicable); location and size of water mains and building service leads, existing and proposed (if applicable);

8.

A copy of the proposed text change in the regulation set forth in this zoning ordinance;

9.

If an application is initiated under Section 17.807.01, a fee as specified in the department fee schedule shall be deposited with Zoning Administrator;

10.

A statement on how the proposed amendment relates to the Marathon County Comprehensive Plan.

C.

Additional Information as may be required by the Zoning Administrator, Committee or County Board including, but not limited to:

1.

A resolution(s) from the Town Board where the zone change is proposed stating the town's position on the requested zone change and whether it complies with the town's adopted comprehensive plan, or resolutions from a majority of the towns affected by a proposed ordinance amendment with affirmative resolutions on the proposed amendment.

2.

Written approval from the Wisconsin Department of Transportation or County Highway Dept. authorizing the construction/use of a driveway in their respective jurisdictions for the use proposed in the zone change request.

D.

Applications to amend the Zoning Ordinance text shall include at least items B.1, 8, 9, and 10.

E.

County Clerk. Competed petitions for any change to the district boundaries or amendments to the regulations shall be filed with the County Clerk and/or Zoning Administrator shall:

1.

Upon submittal of a zoning change, the Zoning Administrator shall forward a copy to the town clerk(s) for review by the town planning commission and/or town board.

2.

Immediately refer it to the Committee for their consideration, report and recommendations.

3.

Immediately send a copy of the petition or a notice of the public hearing to the county supervisors of any affected district.

4.

Report all petitions referred under this section to the County Board at a subsequent meeting.

17.806.05.

Public notice by the Environmental Resources Committee. Upon receipt of a complete petition, the Committee shall:

A.

Call a public hearing thereon.

B.

Provide notice of the time and place of such hearing by publication within the county of a class 2 notice under ch. 985, Wis. Stats.

C.

Provide public notice by certified mail to the property owner, applicant, and town clerk of each town affected by the proposed amendment at least ten days prior to the date of such hearing. Proof of receipt of the notice may be substituted for certified mail.

D.

Provide notice by ordinary mail or electronic notice to the petitioner, parties of interest and landowners within 300 feet of the described parcel for rezoning unless the Committee, in the case of mass rezoning's, waives this requirement when other methods have been used to notify the public.

E.

Provide notice by ordinary mail or electronic notice to state agencies, federal agencies, other county agencies and cities and villages where and when appropriate (i.e., floodplain zoning, shoreland zoning and extraterritorial zoning).

F.

The Committee shall schedule a public hearing no less than 45 days from the mailing of the application to the affected Town(s), or as soon as practical thereafter. If a written response is received from the Town(s) within the 45-day period, or is submitted with the application, the public hearing may be scheduled at once.

17.806.06.

Town board(s) action. If an affected town disapproves of the proposed amendment, the town board shall:

A.

File a certified copy of the resolution adopted by the town board disapproving of the petition with the Committee.

B.

This resolution must be filed prior to, at, or within ten days after the public hearing in the office of the Zoning Administrator.

C.

Any town may extend its time for disapproving any proposed amendment under B. of this section by 20 days if the town board adopts a resolution providing for the extension and files a certified copy of the resolution with the County Clerk. 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 County Clerk.

17.806.07.

Environmental Resources Committee action approval, modifying, or disapproval.

A.

If the Town Board affected in the case of an amendment relating to the location of boundaries of districts files an official resolution of disapproval, or the town boards of a majority of the towns affected in the case of all other amendatory ordinances file such resolutions, the Committee may not recommend approval of the petition without change, but may only recommend approval with change or recommend disapproval.

1.

As soon as possible after the public hearing, the Committee shall act on such petition by either:

a.

Approving the petition; or

b.

Approving the petition with change; or

c.

Disapproving the petition.

B.

If the Committee approves, modifies and approves the petition, it shall cause an ordinance to be drafted effectuating its determination and shall submit such proposed ordinance directly to the County Board with its recommendations.

C.

If the Committee decision recommends denial of the petition, it shall report that recommendation directly to the County Board with the reason for such action.

D.

Proof of publication of the notice of the public hearing held by the Committee and proof of the giving of notice to the town clerk of such hearing shall be submitted at the public hearing, reported in the hearing minutes submitted to the County Board and filed with the petition for zoning amendment with the Zoning Administrator.

E.

Town Board resolutions filed under Section 17.806.06 shall be attached to either report.

F.

Shoreland and Floodplain. Amendments to regulations or changes to districts affecting protected shorelands or floodplains shall not require the approval or be subject to the disapproval of any town.

17.806.08.

County Board action.

A.

Following such hearing and after careful consideration of the Committee's recommendation, the County Board shall vote on the passage of the proposed change or amendment as follows:

1.

Adopt the ordinance as drafted.

2.

Adopt the ordinance with amendments.

3.

Deny the petition for amendment.

4.

Refuse to deny the petition as recommended by the committee, in which case, it shall refer the petition back to the committee with directions to draft an ordinance to effectuate the petition and report the same back to the County Board.

5.

Upon report required by par. 4, the Board may:

a.

Adopt the ordinance.

b.

Reject the ordinance.

17.806.09.

Protest provisions for zoning amendments.

A.

Protest Provision. If a protest against a proposed change or 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 recommendation of the 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 or parcels proposed to be rezoned, action on such ordinance may be deferred until the 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 and shall include a description of the land owned by him or her. 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 of Supervisors 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.

17.806.10.

County Clerk action.

A.

County Clerk Action. 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 upon passage. The County Clerk or designee shall:

1.

Maintain record of the date on which such ordinance becomes effective.

2.

Notify the Town Clerk of all towns affected by such ordinance of such effective date.

3.

Insert such effective date in the proceedings of the County Board.

4.

Any other such amendatory ordinance when so adopted, shall within seven days thereafter, be submitted in duplicate by registered mail to the Town Clerk of each town in which lands affected by such ordinance are located.

B.

Records and Publication.

1.

Maintain record in the office of the County Clerk receipt of all disapproving and approving resolutions.

2.

File in the office of the Zoning Administrator a copy of such resolutions and related correspondence, which shall become a part of the records of the Committee.

3.

Maintain record in the office of the County Clerk the dates on which such ordinances or amendments become effective.

4.

Report such activity to the County Board.

5.

Cause such ordinance amendment or report to be published in accordance with appropriate statutes.

17.806.11.

Town board(s) action—Veto.

A.

Text Amendments.

1.

Within 40 days of adoption, the town board may file certified copies of resolutions disapproving such amendments with the County Clerk.

2.

Within a shorter time, file certified copies of resolutions approving the amendments.

3.

If a majority of Towns file an approving resolution, a text amendment shall thereupon be in effect in all of the towns affected by the ordinance.

B.

Map Amendment.

1.

Within 40 days of adoption, town boards may file certified copies of resolution disapproving the amendment with the County Clerk.

2.

Within a shorter time, file certified copies of a resolution approving the amendment.

3.

If the town board does not submit a veto resolution, the amendment becomes effective 40 days from adoption.

17.806.12.

Limitation of actions. A landowner, occupant or other person affected by this section or an amendment hereto who claims that this Chapter or amendment is invalid because procedures prescribed by the statutes or this section were not followed, shall commence an action within the time provided by § 893.73(1), Wis. Stats., except this law does not apply unless there has been at least one publication of a notice of a zoning hearing in a local newspaper of general circulation and unless there has been held a public hearing on this section or amendment at the time and place specified in the notice.

17.806.13.

Shoreland, shoreland-wetland, and floodplain zoning.

A.

General Code of Ordinances for Marathon County Chapter 22, Shoreland, Shoreland-Wetland, and Floodplain zoning regulations amendment procedures.

17.806.14.

Standards for rezoning.

A.

Standards for Farmland Preservation Rezoning. Marathon County may not rezone land out of the Farmland Preservation Zoning District unless Marathon County finds all of the following, after a public hearing, as part of the official written record of the rezoning:

1.

The rezoned land is better suited for a use not allowed in the Farmland Preservation Zoning district.

2.

The rezoning is consistent with Marathon County and the town's comprehensive plan.

3.

The rezoning is substantially consistent with the Marathon County Farmland Preservation Plan which is in effect at the time of the rezoning.

4.

The rezoning will not substantially impair or limit current of future agricultural use of other protected farmland.

5.

Adequate public facilities to serve the rezone are present or will be provided.

6.

Providing of public facilities will not be an unreasonable burden to local government.

7.

The rezoning request needs to demonstrate a need for the proposed development.

8.

The rezone request will not cause unreasonable air and water pollution, soil erosion, or adverse effects on rare or irreplaceable natural areas.

9.

The availability of alternative locations has been addressed.

10.

The location of the proposed development is to minimize the amount of agricultural land converted.

B.

Standards for Other Rezonings. Decisions on petitions for rezoning of one zoning district to another zoning district allowed by this section shall consider the following:

1.

Existing zoning and use of the lands.

2.

Proposed zoning and uses of the lands.

3.

Need for the proposed uses.

4.

Availability of adequate public facilities to serve the proposed land use change.

5.

Reasonableness of the burdens on local government to provide needed services.

6.

Suitability of the proposed uses to the existing uses adjacent thereto.

7.

Relationship of the proposed uses to the existing uses adjacent thereto.

8.

Relationship of the zoning amendment to Chapter 15 (Private Onsite Wastewater Treatment Systems), Chapter 18 (Land Division and Surveying Regulations) and Chapter 22 (Shoreland, Shoreland-Wetland, and Floodplain Regulations).

9.

The proposed zoning request is in compliance with the town and county comprehensive plan.

C.

Special Rezoning Considerations.

1.

The Committee may recommend and the County Board may adopt an ordinance affecting an amendment of the zoning district map containing the condition that the change in the map will take effect on such date occurring within 12 months of the date of the County Board approval of the amendment when the first on-site inspection for building location is made and approved for the project sought to be established and, in the event such approved inspection has not occurred by the 12-month time period, the possibility of making effective the rezoning will then be terminated. Failure to perfect the rezone as described above shall constitute a waiver of the rezone and require re-application.

2.

The Committee may recommend, and the County Board may adopt, an ordinance effecting an amendment of the zoning district map containing the condition that the change in map will take effect on such date occurring within six months of the date of County Board approval of the amendment when a restrictive covenant set forth in subsection 3, below, has been recorded binding the property to conditions specified in the amending ordinance, and in the event such covenant is not recorded by the end of the six-month period, the possibility of making effective the rezoning will then be terminated. Failure to perfect the rezone as described above shall constitute a waiver of the rezone and require re-application.

3.

Restrictive covenants shall be between the persons who petition for the zone change and the other landowners within 300 feet of the described parcel. Conditions specified to be in such required covenants shall be related to the purpose of this section. They may include, as specified cases warrant, limits of permissible uses to less than the full range of uses otherwise allowable in the district into which the land is being rezoned.

Enforcement rights over such covenant controls shall be afforded to the county, the town and parties who entered into the restrictive covenant. The covenant controls shall be amendable or repealable upon petition of the owner of the lands subject to the controls and approval of the Committee after a hearing similar to a rezoning hearing. A rezoning of lands to a different zoning district shall also act to repeal the covenant controls. Except as provided above, the covenants shall run with the land.

17.806.15.

Reconsideration.

A.

Reconsideration. Whether approved or denied, no application, petition or appeal which has been acted upon by the Board of Adjustment, Committee, or County Board shall be considered again within one year of such action. A petition for reconsideration based upon a material alteration from the original application or petition may be made by the original applicant and/or County or CPZ. No application, petition or appeal shall be reconsidered unless the Committee or Board determines by majority vote that the petition for reconsideration contains a material alteration from the original application or petition. Any evidence which, in the opinion of the Committee or Board, could have reasonably been presented at the previous hearing does not qualify as a material alteration.

1.

Petition for Reconsideration. Any party requesting reconsideration of an application, petition or appeal shall file a petition for reconsideration along with the requisite filing fee. Petitions for reconsideration shall be in writing and shall state the reasons for the request and be accompanied by necessary data and diagrams which establish a material alteration. The filing fee for a petition for reconsideration will not be refunded in the event the Committee or Board decides not to reconsider the application or petition.

2.

Rehearing. A rehearing shall be held if the Committee or Board determines that the petition for reconsideration is based upon a material alteration from the original application or petition by a majority vote. The rehearing shall be subjected to the same fee and notice and procedural requirements as the original hearing.

3.

Any reconsideration decision by the Board of Adjustment, Committee or County Board shall not be reconsidered again.

17.806.16.

Amendments to definitions. Whenever an amendment is made to the text of the zoning ordinance, the appropriate definitions pertinent to such amendment shall be included in applicable Section of Title 9, Definitions.

(O-34-23)

17.807.01.

Declaration of unlawful conduct, activities and conditions.

A.

No person shall erect, construct, place or structurally alter any building or structure or establish or change any use of land, premises, building or structure in violation of the provisions of this Ordinance.

B.

No person shall fail to comply with any standard of this Ordinance or with any condition or qualification placed upon the issuance of a permit or approval of variance granted, in due course, under this section.

C.

All violations of this Ordinance are declared public nuisances.

17.807.02.

Liability.

A.

Owners of lands or properties, occupiers of land or premises and agents of owners or occupants including, without limitation because of enumeration, building contractors, surveyors, plumbers, installers, soil technicians, road builders, grading and excavating contractors and their agents, are responsible for compliance with all provisions of this section which bare upon their area of competency and responsibility.

B

This section applies fully to all governmental and quasi-public and quasi-governmental lands, developments and activities unless specifically exempted by state or federal Law.

17.807.03.

Investigation of compliance, notice of violation.

A.

The Zoning Administrator is responsible for inspecting and investigating compliance of land use activities within the terms of this section.

B.

If, upon such investigation, the Zoning Administrator becomes aware of a condition which he or she concludes is unlawful as defined in Section 17.807.01, a notice of such violation shall be sent to the parties to the situation whom he or she deem to be responsible and potentially liable, pursuant to Section 17.807.02 of the detected violation. The notice of violation shall include:

1.

A demand that the condition that is alleged to constitute the present or potential violation be halted, prevented from occurring or remedied; or

2.

A statement that a complaint on the condition and demand for prosecution has been or will be transmitted to the Corporation Counsel and/or to enforcement officials, state/federal agencies or both.

C.

In the event the property owner refuses the Zoning Department to enter upon the property for purposes of conducting an inspection, the Zoning Administrator may apply for a special inspection warrant.

17.807.04.

Prosecution, injunction and penalties in court proceedings.

A.

The Corporation Counsel shall prosecute all violations of this section reported by the Zoning Administrator in accordance with this section and Chapter 25.04.

B.

Nothing in this section shall be deemed to prohibit private prosecutions of violations of this section pursuant to § 59.69(11), Wis. Stats., or other sections of the Common Law.

C.

The following forfeitures and penalties are hereby established for violation of this section:

1.

For violations specified in Section 17.807.01, a forfeiture as specified in Chapter 25.04 shall be imposed upon conviction or adjudication, plus the cost of prosecution for each violation.

2.

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

D.

As a substitute for or an addition to forfeiture actions, the Corporation Counsel may, on behalf of the county, seek enforcement of any and all parts of this section by court actions seeking injunctional or restraining orders or orders for restoration of the site.

1.

Upon the refusal of property owner to remedy the violation, as authorized by the Court, the Zoning Administrator may enter upon property to remedy a violation of this section. The costs incurred by the county to remedy a violation of this section may be assessed against the real estate as a special charge.

E.

In lieu of prosecution, the Zoning Administer may enter into a written agreement with the responsible parties to resolve a violation of this section.

17.807.05.

Other enforcement provisions.

A.

Where a conditional use or a variance has been approved subject to specified conditions and where such conditions are not complied with, the Board of Adjustment may entertain and conduct a hearing upon a petition to revoke the conditional use approval or variance. Such hearing and action upon a petition shall follow procedures similar to those followed in considering the granting of such a use or variance. A finding of noncompliance with the conditions originally imposed shall be grounds for revocation.

B.

A permit issued under mistake of fact or in violation of this Ordinance, Wisconsin Administrative Code, or Wis. Stats., gives the permittee no vested right and is revocable.

C.

Pursuant to § 59.392(1t), Wis. Stats., Marathon County may not commence an enforcement action against a person who owns a building or structure that is in violation of a shoreland zoning standard or an ordinance enacted under § 59.392, Wis. Stats., if the building or structure has been in place for more than ten years. These buildings and structures remain violations of this Ordinance until such time as they are removed, relocated to a conforming location, or otherwise altered to become conforming.

(O-34-23)

17.808.01.

General application refund policy.

A.

Applicants of a general zoning permit may request a refund of the application fee within one year of issuance of the permit, if the permit was necessitated by at least one of the following circumstances:

1.

A mistake of material fact by a county employee. A mistake of material fact means an inadvertent error by a county employee with respect to any fact (e.g., measurement, distance, physical location, etc.) which is essential to the ultimate determination of the issuance of the permit.

2.

A misapplication of zoning ordinance by a county employee. A misapplication of zoning ordinance means an inadvertent error by a county employee with respect to the applicability of a specific code section to a given fact situation (e.g. category or usage, etc.), and does not include a good faith dispute with respect to the interpretation of zoning code sections.

3.

A change in regulations during application process: If an application is processed during a revision to the code and the regulations change prior to the issuing of the permit resulting in no need for the permit.

4.

A change in regulations after issuance of a permit: If a permit is issued and regulations change not requiring the permit anymore and that the permit is still valid and the project has not been started.

B.

Refund requests shall be made, in writing, to the Zoning Administrator.

C.

Upon receipt of a written request for refund of application fees, the Zoning Administrator shall make a determination to grant or deny the request based on the language above, as well as all other applicable information.

D.

Said determination by the Zoning Administrator is subject to appeal procedure set forth in Section 17.804 Variance and Appeals of the General Code of Ordinances for the County of Marathon Zoning Ordinance.

17.808.02.

Hearing refund policy.

A.

Applicants for Committee or Board of Adjustment hearings may request a refund of the application fee within one year of Committee or Board action if the application for hearing was necessitated by either or both of the following circumstances:

1.

A mistake of material fact by a county employee. A mistake of material fact means an inadvertent error by a county employee with respect to any fact (e.g. measurement, distance, physical location, etc.) which is essential to the ultimate determination of the Committee or Board.

2.

A misapplication of zoning ordinance by a county employee. A misapplication of zoning ordinance means an inadvertent error by a county employee with respect to the applicability of a specific code section to a given fact situation (e.g. category or usage, etc.), and does not include a good faith dispute with respect to the interpretation of zoning code sections.

3.

A change in regulations during application process: If a hearing application is processed during a revision to the code and the regulations change prior to the hearing resulting in no need for the hearing.

B.

Refund requests shall be made, in writing, to the Zoning Administrator.

C.

Upon receipt of a written request for refund of application fees, the Zoning Administrator shall make a determination to grant or deny the request based on the language above, as well as all other applicable information.

D.

Said determination by the Zoning Administrator is subject to appeal procedure set forth in Section 17.804, Variance and Appeals of the General Code of Ordinances for the County of Marathon Zoning Ordinance.

(O-34-23)

17.809.01.

Purpose. The procedures, standards and required information in this code are intended to provide a consistent and uniform method of review of proposed development plans, to provide general site design and planning guidelines, to ensure full compliance with the regulations and standards contained in this code and other applicable ordinances and laws, to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of the site plan review requirements to encourage cooperation and consultation between the County and the applicant to facilitate development in accordance with the County's land use objectives and to insure that significant design elements shall be considered in future development.

17.809.02.

Conformance with approved site plan.

A.

Suspension by Zoning Administrator. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which has received the approval of the Zoning Administrator or the Board of Adjustment. If construction and development does not conform with the approved site plan, the approval of the site plan shall be suspended by the Zoning Administrator by written notice and posted upon the premises involved and mailed to the last known address of the owner.

Upon suspension of this approval, all construction activities shall cease upon the site until the time the violation has been corrected or the Zoning Administrator or the Board of Adjustment has approved a modification to the site plan.

B.

Rescind Site Plan Approval. Approval of a site plan may be rescinded by the Zoning Administrator or the Board of Adjustment upon determination that the site has not been improved, constructed or maintained in compliance with approved permits, site plans, or conditions of site plan approval. In addition, the breach of any condition, safeguard or requirement shall automatically invalidate the approval granted, and shall constitute a violation of this Zoning Ordinance.

C.

Revisions to Approved Site Plans.

1.

Minor revisions to an approved site plan may be administratively reviewed by the Zoning Administrator, provided that such changes do not materially alter the approved site design, intensity of use or demand for public services.

2.

If revisions to an approved conditional use permit site plan materially alters the approved site design, intensity of use or demand for public services, the revision shall be submitted to the Board of Adjustment for approval.

(O-34-23)