(a)

County board of supervisors. The county board of supervisors is responsible for the enactment, amendment, and repeal of the county land use ordinances. The board of supervisors appropriates funds in support of the office of zoning administrator, the planning and zoning committee and the board of adjustment.

(b)

County planning and zoning committee. The county planning and zoning committee is a committee of the county board, created pursuant to Wis. Stats. § 59.69, and serves as the county planning agency pursuant to Wis. Stats. § 236.02(1). The planning and zoning committee is responsible for overseeing the office of the zoning administrator and for other functions assigned to it by this chapter or by state law.

(c)

County zoning adjustment board. The county zoning adjustment board is a board created by action of the county board of supervisors pursuant to Wis. Stats. § 59.694. The zoning adjustment board is responsible for hearing and deciding administrative appeals and variance applications as provided in this chapter.

(d)

County zoning agency. The county zoning agency is an administrative department of county government, created by the board of supervisors. The office is headed by the head of the county zoning agency pursuant to Wis. Stats. § 59.69(10)(b)2. This position is a county department head position which is appointed by the county administrator subject to confirmation by the county board of supervisors. The office shall also consist of such other personnel as shall be provided for the office. In addition to duties and responsibilities specified elsewhere in this chapter, the head of the county zoning agency shall be responsible for directing the work of the office, for making periodic reports as required on the activities of the office, and for training and educational activities to ensure that persons connected with the program are able to keep abreast of developments in the field of county land use ordinances.

(Ord. No. 2022-12, § 11.11(a), 10-11-2022)

In addition to the duties specified elsewhere in this chapter, the zoning administrator shall be responsible for the following administrative duties:

(1)

Advising applicants. The zoning administrator shall advise applicants for permits and approvals as to the provisions of this chapter and shall assist them in preparing applications.

(2)

Keeping records. The zoning administrator shall keep records of applications received, committee or board or office actions on such applications, permits issued, inspections made, enforcement actions undertaken and other similar activities.

(3)

Making inspections. The zoning administrator shall make such inspections of premises as are required to determine compliance of land use activities with the terms of this chapter. Except in cases of emergency, such inspections shall be made only at a reasonable hour, with reasonable notice to the owner and/or occupant of the premises and with consent, unless it is made pursuant to an inspection warrant issued pursuant to state law.

(4)

Making determinations. The zoning administrator shall make those administrative decisions and determinations as are assigned to the administrator by terms of this chapter.

(5)

Permits, approvals and fees. The zoning administrator shall receive applications for the permits described in this article and shall process the applications and the fees collected in the manner provided in this article.

(Ord. No. 2022-12, § 11.11(b), 10-11-2022)

(a)

When required. See section 22-14.

(b)

Compliance. Zoning permits shall be issued only if the parcel is in compliance with county land division and floodplain regulations.

(c)

Application and issuance. Applications for zoning permits shall be made on forms furnished by the zoning administrator. Issuance of a sanitary permit is a precondition to issuance of a land use permit whenever applicable. Permits shall be issued if the application and information obtained through field inspections, if any, causes the administrator to conclude that the proposed use will comply with all applicable regulations.

(d)

Fees. A fee set pursuant to section 22-15 shall be submitted to the zoning administrator when application is made for a land use permit.

(e)

Publication. The zoning administrator shall cause publication to be made in the official newspaper of the county of pertinent identifying information on each zoning permit issued. Such publications shall be made each month within the last ten days of the month.

(f)

Void if not completed. Permits shall lapse and become void if operations described in the permit are not completed within two years of issuance of the permit, except that the zoning administrator may grant an extension for a period not to exceed one year upon showing of a valid cause.

(Ord. No. 2022-12, § 11.11(c), 10-11-2022)

(a)

Application and referral. Applications for variances and administrative appeals shall be made to the zoning administrator on forms prepared by the administrator and approved as to form and content by the zoning board of adjustment. Applications for rezoning requests shall be made to the deputy county clerk in the zoning office. Applications for conditional uses shall be made to the zoning administrator. Completed applications shall be referred by the administrator to the appropriate board or committee for processing and disposition.

(b)

Fees. A fee set pursuant to section 22-15 shall be submitted to the zoning administrator.

(c)

Sanitary and zoning permits for conditional uses and variances. Issuance by the planning and zoning committee for a conditional use approval or issuance by the board of adjustment of a variance shall not relieve the applicant of the obligation to obtain sanitary and zoning permits.

(d)

Effect and posting of permits. Permits are issued on the basis of plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Property owners, builders and contractors are primarily responsible for compliance with this chapter and for reasonable care in construction. Issuance of permits and approvals under this chapter is not to be construed as establishing legal responsibility of the county for the design and construction of premises. Use, arrangement, or construction not in full accord with that authorized shall be deemed a violation of this chapter.

(e)

Permits in prominent location. Permits shall be placed in a prominent location on the premises during construction, alteration or moving.

(f)

Lapse and void of permit. Permits shall lapse and become void if operations described in the permit are not completed within two years of issuance of the permit, except that the zoning administrator may grant an extension for a period not to exceed one year upon showing of a valid cause.

(Ord. No. 2022-12, § 11.11(d), 10-11-2022)

(a)

The county land use ordinances are adopted by the county board and may be amended by the county board. State law prescribes how amendments are processed. Five major steps occur:

(1)

A hearing is held by the county planning and zoning committee.

(2)

The planning and zoning committee reviews the proposed amendment and makes recommendations to the county board.

(3)

The county board votes on the proposal.

(4)

In the case of amendments to general zoning outside shoreland and floodplain areas, the affected town board can veto an amendment adopted by the county board.

(5)

The amendment is published and recorded. In addition, persons owning lands proposed to be subject to zoning amendment or owners of abutting property can file a protest which requires a three-fourths vote of the county board to approve the proposed amendment. All of these procedures are subject to detailed statutory rules of Wis. Stats. § 59.69, which are adopted herein by reference. The zoning administrator shall create and maintain a current summary of the statutory procedures for interested persons.

(b)

Standards for rezoning from the A-1 Exclusive Agricultural and N Natural Resource Districts. Land that is zoned A-1 Exclusive Agricultural or N Natural Resource may be rezoned to a zoning district that is not a certified farmland preservation zoning district if all of the following additional criteria are met (some of which are based on Wis. Stats. § 91.48):

(1)

The land is better suited for a use not allowed in the A-1 or N district.

(2)

The rezoning is consistent with the county comprehensive plan.

(3)

The rezoning is substantially consistent with the county agricultural and land use plan.

(4)

The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

(5)

There will be adequate public facilities to serve the proposed and potential land use changes that would be enabled by the rezoning.

(6)

The burdens on local government for providing the needed services to the proposed and potential land use changes that would be enabled by the rezoning are reasonable.

(7)

The development will not cause unreasonable air or water pollution, soil erosion, or adverse effects on valued natural areas.

(8)

The soil productivity rating has been considered in the location of the area proposed for rezoning.

(9)

The remaining A-1 parcel shall front on a public road for a minimum distance of at least 66 feet. Access to the lot shall be provided within this frontage.

(c)

By March 1 of each year, the county shall provide to the department of agricultural, trade and consumer protection a report of the number of acres that the county has rezoned out of farmland preservation zoning districts during the previous year and a map that clearly shows the location of those areas (Wis. Stats. § 91.48(2)).

(Ord. No. 2022-12, § 11.11(e), 10-11-2022)

(a)

Appointment and term. The board of adjustment shall consist of three members and two alternate members who shall be appointed for staggered three-year terms, commencing on July 1, by the county administrator. Vacancies shall be filled in like manner for the unexpired term of any member whose term becomes vacant. Members shall all reside in the county and outside incorporated cities and villages, and no two members shall reside in the same town.

(b)

Operating rules.

(1)

The board shall choose its own chair, vice-chair and secretary.

(2)

The board shall meet at the call of the chair or at such other times as the board may determine.

(3)

The board shall comply with all requirements of the state open meetings law in the conduct of the business before it. The nature of the board's proceedings is quasi-judicial. The board may, therefore, deliberate in closed session, after a hearing on the matter, provided legal requirements are complied with. To the extent practicable, Robert's Rules of Order and the county board of supervisors' rules of order shall be followed.

(4)

The board may conduct site inspections of premises and 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 or advocacy materials. Such arguments and materials shall be received only at hearings before the board.

(5)

The board shall conduct a public hearing on all appeals and variance matters before it and shall cause a Class 2 notice under Wis. Stats. ch. 985 to be published and shall give due notice of the hearing to parties in interest. Any party may appear in person or by attorney at such hearing. The chair may administer oaths to parties testifying and may compel attendance of witnesses.

a.

Due notice to parties in interest shall mean that the zoning administrator will mail, by ordinary postage, reasonable advance notice of all hearings and meetings on any pending matter to the applicant, to owners of record of properties which are located outside cities and villages and adjacent to the parcel involved in the application, to the clerk of the town where the property is located, to the clerk of any other town or any other village located within 1.5 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. Failure of the office to accomplish such provision 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.

b.

Failure to mail notices to all joint owners of a property shall not constitute noncompliance with these requirements so long as at least one joint owner was mailed a notice.

(6)

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, however, 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 the same into the record of the hearing and opportunity shall be allowed for comment on such entries.

(7)

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, with notice given in the same manner as for the initial hearing, for the purpose of so doing.

(8)

The board shall deliberate on matters before it. The concurring vote of a majority of the board shall be necessary to approve any appeal or variance before the board. 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 decision, which written statement shall be signed or acknowledged by the members and entered into the minutes.

(9)

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

(10)

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 county zoning office and shall be a public record. Written minutes of the board shall constitute the official record of board proceedings. Public hearings shall be tape recorded and the records shall be maintained for no less than 90 days. The appellant or applicant may request the services of a reporter and shall pay the costs of such services.

(11)

The board may adopt procedural rules not in conflict with this chapter or state law.

(Ord. No. 2022-12, § 11.11(f), 10-11-2022)

(a)

Appealable matters.

(1)

Decisions by the zoning administrator which consist of interpretations of the terms of county zoning ordinances, and which are made in the course of determining whether a permit or approval will be issued by said administrator or otherwise in the course of administering and enforcing this chapter, are appealable to the board of adjustment as administrative appeals.

(2)

Decisions by the planning and zoning committee which consist of interpretations of the terms of the county land use ordinances, and which are made in the course of determining whether a permit or approval will be issued by said committee, are appealable to the board of adjustment as administrative appeals.

(b)

Procedures for initiating an administrative appeal.

(1)

Eligible appellants. Administrative appeals 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 unless otherwise provided by law.

(2)

Time for appeals. An appeal shall be commenced by an aggrieved party within 30 days of the date of publication of such action pursuant to section 22-60 or, if no publication is required, an appeal shall be commenced within 30 days after the making of the decision being appealed.

(3)

Initiating an appeal. An appeal shall be commenced by filing with the office of the zoning administrator a notice of appeal specifying the decision being appealed and the grounds for the requested relief and payment of the fee specified by section 22-15. Upon receipt of such a notice, the zoning administrator shall immediately notify the board of adjustment and the planning and zoning committee and shall transmit to the board all papers and files which constitute the record of the decision being appealed.

(4)

Stays. An appeal of a decision to issue a permit or approval or to issue an enforcement demand or to commence other ordinance enforcement proceedings shall cause the permit or approval action to be suspended or shall stay further enforcement prosecution unless the zoning administrator or district attorney shall file with the board of adjustment a certificate, supported by a statement of facts, alleging that suspension or stay will cause imminent peril to life or property. If such a certificate is filed, proceedings shall not be stayed except upon a restraining order issued by a court.

(5)

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 appealed from, and may make such decision as ought to have been made, and to that end shall have all powers of the officer from whom the appeal is taken. All decisions by the board on administrative appeals shall be based upon the terms of this chapter and evidence as to legislative intent.

(Ord. No. 2022-12, § 11.11(g), 10-11-2022)

(a)

Nature of variances. Variances are waivers in the terms of the zoning regulations. In a variance case, the terms of this chapter are not in dispute. An applicant for a variance acknowledges that this chapter forbids the use or development for which approval is sought. In that case, an applicant may seek a variance which will be granted only in unique circumstances. Area variances and use variances are an available form of relief if the standards in subsection (c) of this section are met.

(b)

Applications for variances. Applications for variances in the applicable zoning regulations may be filed with the zoning administrator, along with payment of the application fee specified in section 22-15. A completed application shall be submitted, including, but not limited to, an application, plot plan, narrative of the request, fee and town recommendation if the town provides a recommendation after notification of the variance application. The administrator shall transmit the application to the board.

(c)

Board of adjustment review and decision. Following a public hearing and other investigations, the board shall decide the matter based upon the following standards:

(1)

No variance may be granted which would have the effect of allowing a use of land or property which would violate state laws or administrative rules.

(2)

Subject to the above limitations, variances may be granted where strict enforcement of the terms of this chapter results in an unnecessary hardship and where a variance in the standards will allow the spirit of this chapter to be observed, substantial justice to be accomplished and the public interest not violated.

(3)

A variance may be granted when a variance from the terms of this chapter will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed, and substantial justice done.

(4)

A property owner bears the burden of proving "unnecessary hardship," as that term is used in this section, for an area variance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with this chapter unnecessarily burdensome or, for a use variance, by demonstrating that strict compliance with this chapter would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, a property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.

(d)

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

(e)

Variance granted. A variance granted under this section runs with the land.

(Ord. No. 2022-12, § 11.11(h), 10-11-2022)

(a)

Upon receipt of a petition to amend this chapter and the official zoning map of county, and applications for residential-type conditional use permits, notice of public hearing shall be mailed by first class postage to all persons listed in the county land information office as of the date of the petition as owning property within 500 feet of the exterior boundary of the parcel for which rezoning is requested.

(b)

When a city or village boundary is included within a one-quarter mile radius, only the municipality affected will be notified in addition to all other property owners within the unincorporated areas in the 500-foot radius.

(c)

All zoning and land use permits and conditional use permits granted shall be published at least once a month in the official newspaper as designated by the county board of supervisors. Publication shall be within the last ten days of each month.

(d)

Upon receipt of a petition requesting a conditional use permit, other than a residential-type conditional use permit, notice of public hearing shall be mailed by first class postage to all persons listed in the county land information office as of the date of the petition as owning property within one-quarter mile of the exterior boundary of the parcel for which the conditional use permit is requested.

(e)

When a city or village boundary is included within this one-quarter mile radius, only the municipality affected will be notified in addition to all other property owners within the unincorporated areas in the one-quarter-mile radius.

(f)

Failure to mail notice to all joint owners of a particular parcel of property shall not constitute noncompliance with this section, as long as any one joint owner of that particular parcel has been mailed notice of the upcoming public hearing.

(g)

Upon receipt of a petition requesting a variance from the terms of this chapter, notice of public hearing shall be mailed by first class postage to all persons listed in the county land information office as of the date of the petition as owning property which is adjacent to the exterior boundary of the parcel for which the variance is requested. Under this section, the term "adjoining owner" includes owners of parcels which are separated from the subject parcel by a road.

(h)

Petitions to amend this chapter and the official zoning map of the county, which are filed by a town board pursuant to town board action, shall be exempt from the notice requirements set forth in this section.

(Ord. No. 2022-12, § 11.15, 10-11-2022)