Elk City Zoning Code
ARTICLE XV
Conditional Uses
§ 530-66 Approval required.
Any conditional uses listed in this chapter shall be permitted only when authorized by the County Land Use and UW Extension Committee and subject to its conditional approval. Upon such approval, issuance of a conditional use permit will be granted.
§ 530-67 Basis of approval.
The County Land Use and UW Extension Committee shall consider the effect of such grant on the health, general welfare, safety, and economic prosperity of the County and of the immediate area in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, existing topography, drainage features, erosion potential, vegetative cover, the prevention and control of water pollution, the movement of traffic and the relationship to existing or proposed roads, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effects resulting from noise, dust, smoke, or odor and other factors.
§ 530-68 Procedure.
A.
Application. Application for a conditional use permit shall be made to the County Zoning Administrator who shall refer the application to the County Land Use and UW Extension Committee. In addition to the information required under § 530-14 for a land use permit, the County Land Use and UW Extension Committee may require the applicant to submit other pertinent data and information necessary to properly evaluate the request.
B.
Fees.
[Amended 10-15-2002 by Res. No. 6018; 8-19-2003 by Res. No. 6078]
(1)
The applicant, upon filing of the application, shall pay a fee in accordance with the schedule established by the Price County Board of Supervisors to the County Zoning Administrator. Such schedule shall be on file in the office of the County Zoning Administrator.
(2)
All government entities covered by County zoning shall obtain all necessary permits; however, they are exempt from paying County zoning fees. Any fee that is not directly associated with the County zoning fee shall be paid unless waived by the Land Use and UW Extension Committee (i.e., state sanitary fee, Register of Deeds fees, and publication fees).
C.
Notice. Notice of the hearing held by the County Land Use and UW Extension Committee on an application for a conditional use permit shall be mailed to the owners of all lands within 300 feet of any part of the land described in the application, to the clerk of the town in which the land described in the application is located, and to the County Board member of any district in which the land described in the application is located. Said notices shall be mailed at least 10 days before the County Land Use and UW Extension Committee meets to decide upon said application. Notices when properly addressed with the owner's last known address, posted and mailed first class, shall constitute sufficient notice under this section.
D.
Hearing. The County Land Use and UW Extension Committee shall schedule a public hearing on the application within 60 days after it is filed or, in a particular situation where all concerned persons have been notified as required under Subsection C and there are no objections by those persons, the Committee may waive the public hearing requirement. The reasons for any waiver of a public hearing must be written into the minutes of the Committee meeting.
E.
Determination. The Land Use and UW Extension Committee shall report its decision within 90 days after the filing of the application. Its decision shall include an accurate description of the use permitted, of the property on which it is permitted, and all conditions made applicable thereto. In making its decision, the Land Use and UW Extension Committee may request the County Soil and Water Conservation District and other agencies to advise and assist in making its determination.
F.
Mapping and recording. When a conditional use permit is granted, an appropriate record shall be made of the land use and building permits, and such grant shall be applicable solely to the structures, use and property so described.
G.
Termination. Where a permitted conditional use does not continue in conformity with the conditions of the original approval, the conditional use permit shall be terminated by action of the Land Use and UW Extension Committee.
H.
Reconsideration.
[Amended 4-19-1983 by Res. No. 4958]
(1)
Resubmission. No appeal or application which has been dismissed or denied shall again be considered unless the applicant can show a material change in circumstances.
(2)
Rehearing. No hearing shall be held except upon the affirmative vote of a majority of the members of the Committee upon finding that substantial material new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing and shall state the reasons for the request and be accompanied by necessary data and diagrams. Rehearings shall be subject to the same notice requirements as original hearings.
§ 530-69 Short-term rentals.
[Added 4-21-2013 by Res. No. 23-13; amended 11-14-2023 by Ord. No. 4-23]
In order to have fair and consistent regulation of all short-term rentals of single-family residences, all short-term rentals must have a valid conditional use permit and shall adhere to the provisions as follows:
A.
Approval of conditional use permits for short-term rental is only granted to the applicant. Conditional use permits for short-term rentals expire at the time of property transfer.
B.
Each rental must adhere to state regulations in collecting all applicable state and local taxes, including local room taxes.
C.
Each rental must comply with all County ordinances, state laws, state statutes, state administrative rules, and federal regulations.
D.
Each rental must adhere to Wisconsin Department of Health Services requirements.
E.
Outdoor parking for overnight and day guests shall be limited to designated parking/driveway areas on the short-term rental property. Parking for short-term rental occupants and guests is not allowed on any public road or public right-of-way.
F.
Overnight occupancy of tents, campers or recreational vehicles is not permitted on short-term rental property.
G.
Neither the property that is subject to the conditional use permit, nor any property owned by the property owner within Price County, shall have any delinquent property taxes, fees, penalties or forfeitures owed to the County or room tax due to any local government entity.
H.
Each rental must list the maximum number of renters in the conditions.
I.
Failure to adhere to the provisions established in this section may result in the action of the Price County Land Use and UW Extension Committee terminating the conditional use permit for the parcel upon which noncompliance has been documented.
J.
Items to be submitted with conditional use permit application:
[Added 11-14-2023 by Ord. No. 4-23]
(1)
If the property is served by a private on-site wastewater treatment system (POWTS) that is greater than 10 years old, an existing POWTS evaluation form must be submitted with the conditional use permit application.
(2)
If the existing septic system does not have a soil test meeting the requirements of the Wisconsin Administrative Code for Safety and Professional Services, Chapter SPS 385, Soil and Site Evaluations, a soil boring, conducted by a certified soil tester, will need to be provided with the existing POWTS evaluation form.
(3)
Copy of the seller's permit issued by the Wisconsin Department of Revenue and municipal room tax permit (if imposed by the municipality where parcel is located).