An applicant, upon filing his application, shall pay the appropriate fee. Permit fees shall be established and reviewed when necessary by the county board of supervisors committee having jurisdiction over this chapter, approved by a majority of the zoned towns and approved by the full county board of supervisors. A revision of fees shall be published in the official newspaper of the county. Fees shall be established for the following:

(1)

Dwelling or commercial.

(2)

Additions, accessory and agricultural structures.

(3)

Deck or porch.

(4)

Sign.

(5)

Floodplain land use and shoreland.

(6)

Conditional use.

(7)

Variance or board of appeal action.

(8)

Zoning change or amendment.

(9)

Wind energy facility siting permit.

(10)

After-the-fact zoning permit fee.

(11)

After-the-fact variance fee.

(12)

After-the-fact zoning change or amendment.

(13)

After-the-fact conditional use permit fee.

(14)

Navigability determination site inspections.

(Code 1986, § 17.86; Ord. No. 3-97-4; Ord. No. 6-98-11; Ord. No. 11-03-3; Ord. No. 9-04-3; Ord. No. 2-05-2; Res. No. 3-06-5, 3-22-2006; Res. No. 11-08-4, 11-25-2008; Res. No. 07-20-04, 7-22-2020; Res. No. 10-21-04, 10-27-2021; Res. No. 03-22-02, 3-23-2022; Res. No. 10-23-04, 10-25-2023)

(a)

There shall be a zoning board of adjustment consisting of three members appointed by the chairman of the county board of supervisors with the approval of the county board of supervisors. The terms of the first three members so appointed shall be for one, two and three years, respectively. Successors shall be appointed in like 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 are appointed, and until their successors are appointed. The members of the board shall all reside within the county and outside the limits of incorporated cities and villages. No two members shall reside in the same town. The board shall choose its own chairman. Vacancies shall be filled for the unexpired term of any members whose terms become vacant in the same manner as the original appointment.

(b)

The county board of supervisors does hereby give the authority to the county board of supervisors chairman to appoint one additional alternate to the zoning board of adjustment which shall result in a three regular member zoning board of adjustment as well as two alternates to serve as needed.

(Code 1986, § 17.75; Ord. No. 95-3-5)

(a)

The zoning board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(b)

The board may authorize, upon appeal, in specific cases, such variance from the terms of the 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 the chapter shall be observed and substantial justice done. No variance shall have the effect of allowing, in any district, uses prohibited in that district or permit standards lower than those required by state law.

(c)

For the purposes of this section, the term "unnecessary hardship" means an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most of all property in the same zoning district.

(Code 1986, § 17.76)

(a)

The zoning board of adjustment shall meet at the call of the chairman and at such other times as the board may determine at a fixed time and place.

(b)

All meetings of the board shall be open to the public, except that the board may meet in executive session to reach decisions but not to hear testimony.

(c)

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

(d)

The board shall have the power to call on any other county departments for assistance in the performance of its duties and it shall be the duty of such other departments to render all such assistance as may be reasonably required.

(e)

The board may adopt such rules as are necessary for the conduct of its business.

(Code 1986, § 17.77)

(a)

Appeals to the zoning board of adjustment may be taken by any person aggrieved by any officer, department, board or bureau of the county affected by any decisions of the administrative officer. Such appeal shall be taken within 30 days, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken within 60 days unless the time is extended for cause by the zoning board of adjustment.

(b)

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, after notice of appeal has been filed with him, that there are facts stated in the certificate to show such stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the zoning board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown.

(Code 1986, § 17.78; Res. No. 06-18-13, 6-27-2018)

(a)

All appeals or applications for variances shall be decided by the zoning board of adjustment only after it holds a public hearing. The board shall fix a reasonable time for the hearing and publish a class 2 notice according to Wis. Stats. ch. 985, specifying the date, time and place of hearing and the matters to come before the board and shall notify the clerk of the town in which the land involved is located.

(b)

A decision regarding the appeal shall be made as soon as practicable.

(c)

The final disposition of an appeal or application to the zoning board of adjustment shall be in the form of a written resolution or order signed by the chairman and secretary of the board. Such resolution shall state the specific facts which are the basis for the board's determination and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution or grant the application.

(d)

Upon hearing, any party may appear in person or by agent or attorney.

(Code 1986, § 17.79)

(a)

Whenever the public necessity, convenience, health, safety or general welfare require, the county board of supervisors may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.

(b)

Such change or amendment shall be subject to the review and recommendations of the zoning committee.

(Code 1986, § 17.85(1))

A change or amendment may be initiated by the county board of supervisors, town clerk, zoning committee or by a petition of one or more property owners or lessees of property within the area proposed to be affected.

(Code 1986, § 17.85(2); Res. No. 11-15-02, 4-19-2016)

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the planning and zoning administrator or his deputy who shall file them with the county clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition and specify the proposed use.

(Code 1986, § 17.85(3))

The zoning committee shall review all proposed changes and amendments and shall, after the public hearing, recommend in writing to the county board of supervisors that the petition be granted as requested, modified or denied.

(Code 1986, § 17.85(4); Ord. No. 6-98-11; Res. No. 11-15-02, 4-19-2016)

(a)

The zoning committee shall hold a public hearing upon each recommendation, after giving a class 2 notice as provided in Wis. Stats. ch. 985, and within 60 days of the application for amendment. The town board or its representative shall be allowed to make a statement at the hearing.

(b)

The zoning committee shall give at least 30 days' prior written notice by registered mail to the clerk and town chairman of any zoned municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(Code 1986, § 17.85(5); Ord. No. 6-98-11; Res. No. 11-15-02, 4-19-2016)

Following such hearing and after careful consideration of the zoning committee's recommendations, the county board of supervisors shall vote on the passage of the proposed change or amendment.

(Code 1986, § 17.85(6))

In the event of a protest against such district change or amendment to the regulations of this chapter, 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 zoning agency has a reasonable opportunity to ascertain and report to the county board of supervisors as to the authenticity of such ownership statements. Each signer shall state the amount of area of frontage owned by him. If such statements are found to be true, such ordinance shall not be adopted except by the affirmative vote 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.

(Code 1986, § 17.85(7); Ord. No. 6-98-11)

In no case shall an amendment to this chapter involving a matter portrayed on the zoning map become effective prior to the recording of the change made by that amendment on the official zoning map of the county. Such changes to be verified by the county clerk with a certified copy of said resolution as approved by the county board of supervisors.

(Code 1986, § 17.85(7); Ord. No. 6-98-11)

Within seven days after adoption, two copies of the amendatory ordinance shall be sent by the county clerk by registered mail to the town clerk in which lands affected by such ordinance are located. If, after 40 days from the date of original adoption, a majority of such towns have not filed certified copies of resolutions disapproving such amendment, the amendment shall be in full force and effect in all of the towns affected by the ordinance. Any such ordinance relating to the location of boundaries of districts shall, within seven days after adoption by the county board of supervisors, be transmitted by the county clerk by registered mail only to the town clerk of the town in which the lands affected by such change are located and shall become effective 40 days after the adoption of the ordinance by the county board of supervisors unless such town board shall, prior to such date, file a certified copy of a resolution disapproving of such ordinance with the county clerk, provided that if such town board shall approve such ordinance, such ordinance shall become effective upon filing of the resolution of the town board approving same with the county clerk.

(Code 1986, § 17.85(8))