The provisions of this chapter shall be administered and enforced by the county zoning administrator, hereinafter referred to as "the administrator". The administrator is authorized to act through aides and assistants. In the performance of the duties of the office of zoning administrator, the administrator may request the assistance of any appropriate officer or agency of the county or state.

(Code 1992, § 17.60(1))

The administrator shall have the following powers and duties:

(1)

Examine all applications for building permits and, if necessary, advise the appropriate town building inspector as to the provisions of this chapter and arrange for corrections to be made to ensure compliance with this chapter and, for applications for building permits for any structure requiring connection to a private domestic sewage treatment and disposal system, advise the appropriate town building inspector as to whether a system satisfying all applicable codes already exists or that all permits necessary to install such a system have been obtained. All permits shall be examined to insure any proposed construction will not interfere with a functioning private domestic sewage treatment and disposal system.

(2)

Examine all applications for special exceptions and building permits which require submittal and approval of a site plan under section 54-837, and refer such applications to the Agriculture, Extension Education, Zoning and Land Conservation Committee. Special exception permits and building permits which require site plan approval shall only be issued upon order of the Agriculture, Extension Education, Zoning and Land Conservation Committee.

(3)

Receive all applications for a special exception, interpretation, appeal and/or variance and refer such applications to the Agriculture, Extension Education, Zoning and Land Conservation Committee or board of adjustment. A variance shall only be issued upon order of the board of adjustment.

(4)

Conduct inspections to determine compliance or noncompliance with the provisions of this chapter.

(5)

Issue stop, cease and desist orders and orders requiring the correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be posted on the property in a conspicuous place and/or served personally or by certified mail upon persons deemed by the administrator to be in violation of the provisions of this chapter. No person shall violate any such order issued by the administrator.

(6)

Institute in the name of the county any appropriate action or proceedings to prevent violations of this chapter.

(7)

Revoke by order any building permit approved under a misstatement of fact or contrary to the provisions of this chapter.

(8)

Maintain maps of all special exceptions and maintain a file on each.

(9)

Upon the request of the County Board, Agriculture, Extension Education, Zoning and Land Conservation Committee, Board of Adjustment or a Town Board, present to such persons or bodies facts, records or reports which they may request to assist them in making decision or assist them in any other way as requested.

(10)

Maintain a map or maps showing the current zoning classification of all lands under the jurisdiction of this chapter. The administrator shall also insure that a current copy of the official zoning map is available for public inspection.

(11)

For good cause, recommend the removal of a town building inspector to the appropriate town board.

(Code 1992, § 17.60(2))

(a)

Appointment. Each town in the county which has adopted this chapter shall appoint a town building inspector. The town building inspector shall not be a deputy to the county zoning administrator.

(b)

Powers and duties. The powers and duties of the town building inspectors shall be as follows:

(1)

Receive and examine all applications for building permits and immediately transmit copies of all such applications to the administrator.

(2)

Issue building permits only where there is compliance with the provisions of this chapter. Building permits for structures requiring connection to a private domestic sewage treatment and disposal system shall be issued only where there is compliance with applicable sanitary codes. Building permits which require site plan approval under section 54-837, shall only be issued by order of the Agriculture, Extension Education, Zoning and Land Conservation Committee. Building permits for development in the floodplain, shoreland and wetland jurisdiction of the county shall not be issued until approved by the zoning administrator.

(3)

Receive and immediately transmit to the administrator all applications for building permits which require site plan approval under section 54-837.

(4)

Conduct inspections to determine compliance or noncompliance with the provisions of this chapter and report any violations of this chapter to the administrator and the town board.

(Code 1992, § 17.61)

No building or structure, except signs exempt from the provisions of this chapter, shall be erected, constructed, reconstructed, altered, moved or enlarged until a building permit has been obtained from the administrator or town building inspector.

(Code 1992, § 17.62(1))

Application for a building permit shall be made in writing upon a form furnished by the county and shall include the following information:

(1)

Name and address of the owner of the land and the owner of the building or structure, if different.

(2)

Plot and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon and the exact sizes and locations on the lot of buildings or structures already existing, if any, and the exact sizes and locations on the lot of buildings or structures proposed to be erected, constructed, reconstructed, altered or enlarged.

(3)

The existing and/or proposed use of all buildings or parts thereof on the lot.

(4)

The number of families the building is designed to accommodate, the gross leasable floor space of the building or the number of employees the building is designed to accommodate.

(5)

The location and number of required off-street parking and loading spaces.

(6)

Such other information with regard to the lot and existing or proposed buildings or structures as may be necessary to determine compliance with and provide enforcement of these regulations including, but not limited to, a detailed plan of any existing private domestic sewage treatment and disposal system.

(Code 1992, § 17.62(2))

If the administrator or town building inspector determines that the proposed structure or building will comply with the provisions of this chapter, he shall officially approve and sign one set of plans and return it to the owner or applicant and shall issue a building permit which shall be kept on display at the site of the proposed building or structure.

(Code 1992, § 17.62(3))

Building permits issued on the basis of applications and plans approved by the administrator or town building inspector authorizes only the use, arrangement and construction set forth in the approved applications and plans. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this chapter.

(Code 1992, § 17.62(4))

A building permit shall have lapsed and be void unless substantial construction or operations described in the permit are commenced within one year from the date of its issuance.

(Code 1992, § 17.62(5))

A building permit which was issued in error or under a misstatement of fact by the applicant shall not create any right in such permit and the county shall be entitled to revoke such permit.

(Code 1992, § 17.62(6))

No building permit lawfully issued by the administrator or town building inspector prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived shall be invalidated by the adoption or amendment of this chapter. Such permit shall remain valid and subsisting subject only to its own terms.

(Code 1992, § 17.62(7))

(a)

Applicability and procedure. In reference to site plans, applicability and procedure shall be as follows:

(1)

Where by the terms of this chapter a site plan is required in connection with any use or structure, such site plan shall be submitted coincident with an application for a building permit or special exception, as the case may be. The administrator shall immediately circulate the site plan for comment by the department of development and land services and any other county officer or department which may have a responsibility for or interest in an aspect of the development.

(2)

Within 30 days of submittal, the administrator shall transmit the site plan along with all pertinent comment to the Agriculture, Extension Education, Zoning and Land Conservation Committee for their consideration. Except as required in connection with a special exception, no public notice and hearing is required for site plan consideration, but such matters shall be handled in public session as part of a previously prepared agenda. All matters relating to site plan consideration shall be a public record. In cases where a site plan is submitted in connection with an application for a special exception, public notice and hearing is required. Site plan approval shall require formal action of the Agriculture, Extension Education, Zoning and Land Conservation Committee.

(b)

Contents. A site plan required to be submitted by the terms of this chapter shall contain the following elements, where applicable:

(1)

Statements of ownership and control of the proposed development.

(2)

Statement describing in detail the character and intended use of the development.

(3)

A site plan containing the title of the project and the names of the project planner and developer, date and north arrow and, based on an exact survey of the property drawn to a scale of sufficient size to show boundaries of the project, any existing streets, buildings, watercourses, easements and section lines; exact location of all buildings and structures; access and traffic flow; off-street parking and off-street loading area; recreation facilities locations; and access to utilities and points of utility hookups.

(4)

Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses.

(5)

Tabulations showing the derivation of numbers of off-street parking and loading spaces and total project density in dwelling units per gross acre.

(6)

Architectural definitions for buildings in the development, exact number of dwelling units, sizes and types, together with typical floor plans of each type.

(7)

Storm drainage and sanitary sewage plans.

(8)

If common facilities, such as recreation areas or structures, common open space, etc., are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, homeowners' associations covenants, surety arrangements or other legal instruments providing adequate guarantee to the county that such common facilities will not become a future liability for the County.

(9)

Plans for signs, if any.

(10)

In the industrial districts, plans for the exterior walls of all buildings, lighting, outside storage and industrial processes and materials pertinent to conformance with the industrial performance standards herein.

(11)

Such additional data, maps, plans or statements as may be required for the particular use or activity involved or as the applicant, administrator or Agriculture, Extension Education, Zoning and Land Conservation Committee may believe is pertinent.

(Code 1992, § 17.63; Ord. No. E-2016-17, 2-28-2017)

Fees for amendments, special exceptions, variances, appeals and contested case hearings shall be established by the County Board. No action shall be taken prior to payment of requisite fee.

(Code 1992, § 17.64)

The term "special exception" means a use or structure that may not be appropriate generally or without restriction throughout a district, but which, if controlled as to number, area, location or relation to neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare. Such uses or structures may be permissible in a zoning district as a special exception only if specific provision for such use or structure is made in the district. A special exception shall not be issued for any other use or structure.

(Code 1992, § 17.65(1))

All applications for a special exception shall be submitted to the administrator. Where a site plan is required by the terms of this chapter, it shall be submitted coincident with the application. In cases where a site plan is not required by the terms of this chapter, the application shall contain information equivalent to that required for a building permit under section 54-802. The application may also be accompanied by any other material or information necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of these zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public interest. The administrator shall refer all applications and accompanying materials to the Agriculture, Extension Education, Zoning and Land Conservation Committee. The applicant shall forward a copy of the application and accompanying materials to the clerk of the town within which the proposed use or structure is located within seven days of submittal of the application to the administrator.

(Code 1992, § 17.65(2))

Upon the filing of an application for a special exception, the Agriculture, Extension Education, Zoning and Land Conservation Committee shall fix a reasonable time (not more than 45 days from the filing date) for a public hearing. A class 2 notice, pursuant to Wis. Stats. ch. 985, shall be published specifying the date, time and place of hearing and the matters to come before the Agriculture, Extension Education, Zoning and Land Conservation Committee. Notice shall be mailed to the Town Clerk within which the proposed use or structure is located, the County Supervisor within which district the proposed use or structure is located and the parties in interest as determined by the Agriculture, Extension Education, Zoning and Land Conservation Committee.

(Code 1992, § 17.65(3))

Any hearing required under this section shall be conducted as a class A hearing or class B hearing as described in sections 54-858 and 54-859. Unless requested in writing by the applicant or any other party in interest as determined by the Agriculture, Extension Education, Zoning and Land Conservation Committee, a hearing required under this section shall be conducted as a class A hearing. Any written request for a class B hearing shall be accompanied by the payment of a fee in the amount of $250.00.

(1)

Class A hearing. A class A hearing is an informal proceeding conducted by the Agriculture, Extension Education, Zoning and Land Conservation Committee in accordance with the following procedures:

a.

The committee chair shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. Any official or employee of the county and any other person may participate in the hearing. Any person desiring to participate in the hearing, whether on his own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his name and address, the name and address of the person being represented and the capacity in which he is representing such person.

b.

Persons entering an appearance may make statements, offer evidence or ask questions concerning the matter to be heard. Such statements need not be made under oath. The chair shall determine the order in which people may speak and may limit the length of the presentations if it appears there will not be enough time for all who wish to speak or if presentations are unduly repetitious. Cross examination of those who speak may not be permitted, but clarifying questions of those who speak or rebuttal statements shall be permitted by the chair. Statements may be submitted in oral or written form.

c.

The hearing shall be recorded by an electronic recording device.

(2)

Class B hearing. A class B hearing is a formal administrative proceeding conducted by a hearing examiner in accordance with the following procedures:

a.

The hearing examiner may be an official or employee of the county or a person appointed by the county. The examiner may administer oaths and affirmations, issue subpoenas, receive relevant evidence, regulate the course of the hearing and hold conferences to simplify the issues by consent of the parties. The functions of the examiner shall be performed in an impartial manner and the examiner may at any time disqualify himself for personal bias or other disqualification.

b.

Any official or employee of the county and any other person may participate in the hearing. Any person desiring to participate in the hearing, whether on his own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his name and address, the name and address of any party being represented and the capacity in which he is representing such person. Any person entering an appearance may examine and cross examine witnesses and may present testimony and other evidence.

c.

The hearing examiner shall open the hearing and make a concise statement of its scope and purpose. Appearances shall be entered on the record. Thereafter, the parties may make opening statements which shall be confined to a brief summary or outline in clear and concise form of the evidence intended to be offered.

d.

The order of proceeding shall be the applicant proceeding first with the presentation of evidence, other interested persons or parties in support of the application, persons or parties in opposition to the application and the department of development and land services report, if any. Any party or person may conduct cross-examinations reasonably required for a full and true disclosure of the facts.

e.

The hearing examiner shall not be bound by common law or statutory rules of evidence and shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony. All evidence shall be offered and made part of the record. Every party or person shall be afforded an opportunity to rebut or offer countervailing evidence. Documentary evidence may be received in the form of copies or excerpts. Parties or persons intending to offer documentary evidence may be ordered by the hearing examiner to furnish copies to opposing parties in advance of the hearings for review. Documentary evidence may then be admitted in evidence, provided the authors thereof are present and available for cross examination. Objections to evidence shall be recorded and parties shall be afforded the opportunity to make an offer of proof.

f.

A stenographic, electronic or other record shall be made of the proceedings. Typed transcripts shall be prepared upon request and receipt of payment of reasonable costs.

(Code 1992, § 17.65(4); Ord. No. E-2016-17, 2-28-2017)

Where by the terms of these regulations certain conditions or requirements are specified for a special exception use or structure, such conditions or requirements must be imposed by the Agriculture, Extension Education, Zoning and Land Conservation Committee. In addition to the conditions or requirements specified by the terms of these regulations, the Agriculture, Extension Education, Zoning and Land Conservation Committee may impose appropriate additional conditions or requirements as deemed necessary to insure the proposed use or structure will serve the objectives of this chapter and promote the public health, safety, comfort, convenience and general welfare. Violation of such conditions and requirements when made part of the terms under which the special exception is granted shall be deemed a violation of this chapter.

(Code 1992, § 17.65(5))

The Agriculture, Extension Education, Zoning and Land Conservation Committee shall keep a record of its proceedings under this section, all of which shall be filed immediately as public records. All decisions under this section shall be taken by resolution in which a majority of the Agriculture, Extension Education, Zoning and Land Conservation Committee members must concur; provided, however, that if the town within which the proposed use or structure is located files a written resolution with the Agriculture, Extension Education, Zoning and Land Conservation Committee prior to or on the date of the required hearing, objecting to the grant of the special exception, approval of the grant of a special exception shall require the affirmative vote of three-fourths of the Agriculture, Extension Education, Zoning and Land Conservation Committee. Every final decision under this division shall be in writing accompanied by findings of fact based on the record. No special exception shall be approved, unless the Agriculture, Extension Education, Zoning and Land Conservation Committee shall find:

(1)

The establishment, maintenance or operation of the proposed special exception use or structure at the proposed location will not be detrimental or injurious to the use and enjoyment of existing uses on adjacent properties or properties in the vicinity.

(2)

The establishment, maintenance or operation of the proposed special exception use or structure, along or in combination with other existing special exception uses and structures in the vicinity, will not cause traffic hazards.

(3)

Adequate provision is made for surface water drainage, ingress and egress to the property and off-street parking.

(4)

Adequate public facilities and services are available for the proposed special exception use or structure.

(Code 1992, § 17.65(6))

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or board of the municipality affected by a decision of the Agriculture, Extension Education, Zoning and Land Conservation Committee pursuant to section 54-887.

(Code 1992, § 17.65(7))

In order that the objectives of this chapter may be more fully and equitably achieved and a means for interpretation provided, there is established a board of adjustment.

(Code 1992, § 17.66(1))

(a)

Members. The board of adjustment shall consist of three members. The county executive shall appoint the members with the approval of the County Board. The members of the board of adjustment shall all reside within the county and outside the limits of incorporated cities and villages; provided, however, that no two members shall reside in the same town. The county executive shall appoint, for staggered three-year terms, two alternate members, who are subject to the approval of the County Board. Annually, the county executive shall designate one of the alternate members as the first alternate and the other as second alternate. The first alternate shall act, with full power only when a member of the board of adjustment refuses to vote because of a conflict of interest or when a member is absent. The second alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more that one member of the board of adjustment refuses to vote because of a conflict of interest or is absent. The board of adjustment shall choose its own chair.

(b)

Terms. The terms of the first three board members appointed shall be for one, two and three years, respectively. Successors shall be appointed in such manner at the expiration of each term and their terms of office shall be three years in all cases beginning July 1 in the year in which they were appointed and until their successors are appointed.

(c)

Vacancies. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(d)

Compensation. The actual and necessary expenses incurred by the board in the performance of its duties shall be paid and allowed by the County Board as in cases of other claims against the county. The County Board may also compensate the members of the board and their assistants as may be authorized by the County Board.

(e)

Quorum. If a quorum is present, the board of adjustment may take action under this section by a majority vote of the members present.

(Code 1992, § 17.66(2))

(a)

Rules. The County Board shall adopt rules for the conduct of the business of the board of adjustment in accordance with the provisions of this chapter. The board of adjustment may adopt further rules as necessary to carry into effect the regulations of the County Board. No rules may be changed without the concurring vote of a majority of the board of adjustment.

(b)

Meetings. Meetings of the board of adjustment shall be held at the call of the chair and at such other times as the board of adjustment may determine. Such chair or, in his absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public.

(c)

Records and decisions. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be a public record. All actions or decisions shall be taken by resolution in which the concurring vote of a majority of the members of the board of adjustment shall be necessary. Each resolution shall contain a written statement of the grounds forming the basis of such resolution. Notice of filing of all actions and decisions shall be mailed to the town and the parties in interest as determined by the board of adjustment.

(Code 1992, § 17.66(3))

(a)

Appeals. The board of adjustment's power to hear and decide appeals shall be as follows:

(1)

Powers. The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. The board of adjustment may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.

(2)

Procedures. Appeals to the board of adjustment may be taken by a person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector or other administrative officer. Such appeal shall be taken within 60 days of the order, requirement, decision or determination appealed from by filing with the zoning administrator and with the board of adjustment a notice of appeal specifying the grounds thereof. The zoning administrator shall immediately transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. The board of adjustment may request the applicant to provide additional information as may be needed to determine the case.

(3)

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

(4)

Withdrawal or amendment. Withdrawals or amendment procedure is as follows:

a.

If the applicant elects to withdraw the appeal any time before final determination is made by the board of adjustment, this fact shall be noted on the application, with the signature of the applicant attesting withdrawal. Copies of the withdrawn application shall be returned to the files of the board of adjustment, the building inspector or officer and the applicant.

b.

Amendment of an appeal by the applicant may be permitted at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after notice of the hearing has been given and such amendment is at variance with the information set forth in the public notice, the applicant shall pay an additional fee to cover the cost of amending the public notice. If the amended notice can be published within the time frame specified for the public hearing, the hearing on the amended appeal may be held on that date, otherwise the Chair shall announce that the hearing originally scheduled on the case will be deferred to a future meeting, before which appropriate public notice will be given and will state the reasons for deferral.

(b)

Variance. The procedure for authorizing variances shall be as follows:

(1)

Powers. The board of adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

(2)

Requirements for a variance. In general, the power to authorize a variance from the requirements of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance shall be granted for actions which require an amendment to this chapter. Variances shall only be granted when the board of adjustment finds that:

a.

The variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter.

b.

The variance will not permit the establishment of a use which is not permitted or permissible in the district.

c.

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

d.

The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district.

e.

The hardship is not shared generally by other land or buildings in the area.

f.

The hardship results from the strict application of this chapter and is not the result of self-created or self-imposed circumstances.

(c)

Interpretations. The board of adjustment shall have the power to hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts.

(Code 1992, § 17.66(4))

(a)

Time period. Upon filing with the board of adjustment an application for an appeal or variance, the board of adjustment shall fix a reasonable time (not more than 60 days from the filing date) for a public hearing.

(b)

Notice of hearing. A class 2 notice pursuant to Wis. Stats. ch. 985 shall be published specifying the date, time and place of the hearing and matters to come before the board of adjustment.

(Code 1992, § 17.66(5))

Any hearing required under this article shall be conducted by the board of adjustment in accordance with section 54-758.

(Code 1992, § 17.66(6))

Any person jointly or severally aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board or bureau of the municipality may, within 30 days after the filing of the decision in the office of the board of adjustment, commence an action seeking the remedy available by certiorari.

(Code 1992, § 17.66(7))

The County Board may amend the regulations and requirements of this chapter or change the district boundaries of the official zoning maps. A petition for amendment may be made by any property owner in the area to be affected by the amendment by the Town Board of any town wherein this chapter is in effect or by any member of the County Board or County Agriculture, Extension Education, Zoning and Land Conservation Committee.

(Code 1992, § 17.67(1))

The petition shall be filed with the County Clerk who shall immediately refer it to the Agriculture, Extension Education, Zoning and Land Conservation Committee for its consideration, report and recommendations. Procedures shall be in accordance with Wis. Stats. § 59.69(5)(e).

(Code 1992, § 17.67(2))

Compliance with the provisions of this chapter shall be enforced by appropriate forfeitures and penalties. Compliance may also be enforced by injunctional suit of the county or by the owner or owners of real estate within the district affected by the regulation.

(Code 1992, § 17.68)

If the administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing by registered or certified mail the person responsible, indicating the nature of the violation and ordering the action necessary to correct the violation. Whenever a person shall have been notified in writing that he is in violation of the provisions of this chapter, such person shall commence correction of all violations within ten days of notice and shall correct all violations within 45 days of notice. If such corrections are not commenced within ten days of written notice or not corrected within 45 days of written notice, each day that a violation continues shall be considered a separate offense.

(Code 1992, § 17.69)