A. 
The Planning and Zoning Administrator or his designee shall exercise the following duties and powers:
(1) 
Advise applicants as to the provisions of this chapter and assist them in preparing permit applications.
(2) 
Issue permits and inspect properties for compliance with this chapter.
(3) 
Keep records of all permits issued, inspections made, work approved and other official actions.
(4) 
Have access to any structure or premises during reasonable hours for the purpose of performing his duties.
(5) 
Issue directives and orders and report violations of this chapter and other applicable regulations to the Planning and Zoning Committee and Corporation Counsel.
NOTE: Written notice shall be given to the appropriate district and area offices of the Department of Natural Resources at least 10 days prior to hearings on proposed shoreland variances, special exceptions, appeals for map or text interpretations and map or text amendments.
B. 
Copies of decisions on shoreland variances, special exceptions, appeals for map or text interpretations and map or text amendments shall be submitted to the appropriate district or area offices of the Department of Natural Resources within 10 days after they are granted or denied.
A. 
Cases when a zoning permit is required:
(1) 
Before any building or other structure is erected, moved or structurally altered so as to change its use or increase its floor space.
(2) 
Before placement of riprap or other nonvegetative erosion control devices and structures. Prior to installation, the County must approve the zoning permit which shall include the design and necessity for all erosion control devices and structures. Adams County shall issue the zoning permit only after the WDNR issues its approval.
(3) 
Before a special exception permit for filling and/or grading may be issued.
(4) 
Before any land use is substantially altered (including pond construction, land clearing and filling and grading for camper slabs).
B. 
Application for zoning permit. An application for a zoning permit shall be made to the Planning and Zoning Administrator upon forms furnished and shall include, for the purpose of proper enforcement of these regulations, the following data:
(1) 
Name and address of the applicant and property owner.
(2) 
Legal description of the subject site, address of the subject site, type of structure or use and the zoning district within which the subject site lies.
(3) 
Plat of survey or a location sketch showing the location, boundaries, dimensions, elevations, uses and sizes of the following:
(a) 
Subject site;
(b) 
Existing and proposed structures;
(c) 
Existing and proposed easements, streets and other public ways;
(d) 
Existing and proposed building setbacks; and
(e) 
The ordinary high-water mark of any abutting watercourse and watermark at the day of the sketch.
(4) 
Any additional information as may be required by the County Planning and Zoning Committee or the Planning and Zoning Administrator.
(5) 
If applicable, inventory checklist.
A. 
As applicable and permitted, no land shall be occupied, used or altered and no building hereafter erected, altered or moved shall be occupied until the appropriate inspection(s) and/or a final occupancy permit has been issued by the Planning and Zoning Department. Inspection reports shall show that the building or premises or part thereof conforms to all provisions of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The Planning and Zoning Administrator may issue a temporary occupancy permit for part of a building, pursuant to rules and regulations established by this chapter and other applicable codes and ordinances.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Upon written request from the owner, the Planning and Zoning Administrator shall issue a letter of compliance for any building or premises existing at the time of the adoption of this chapter, certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this chapter.
NOTE: An on-site inspection may require a fee.
Unclassified or unspecified uses and any use listed as a special exception in this chapter may be permitted only upon application to the Planning and Zoning Administrator and issuance of a special exception permit by the Board of Adjustment.
A. 
Application for a special exception permit. In order to secure information upon which to base its determination, the Board of Adjustment may require the applicant to furnish, in addition to the information required for a zoning permit, the following information:
(1) 
A plan of the area showing contours, soil types, driveways, walkways, groundwater conditions, bedrock, slope and vegetative cover.
(2) 
Location of buildings, parking areas, traffic access, driveways, walkways, piers, open spaces and landscaping.
(3) 
Plans of buildings, sewage disposal facilities, water supply systems and arrangements for operation.
(4) 
Specifications for areas of proposed filling, grading, lagooning or dredging.
(5) 
Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
(6) 
If applicable, inventory checklist.
B. 
Standards applicable to all special exceptions. In passing upon a special exception permit, the Board of Adjustment shall evaluate the effect of the proposed use upon:
(1) 
The maintenance of safe and healthful conditions;
(2) 
The prevention and control of water pollution, including sedimentation;
(3) 
Existing topographic and drainage features and vegetative cover on the site;
(4) 
The location of the site with respect to floodplains of rivers or streams;
(5) 
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover;
(6) 
The location of the site with respect to existing or future access roads;
(7) 
The need of the proposed use for the particular location;
(8) 
Its compatibility with uses on adjacent land; and
(9) 
Location factors under which:
(a) 
Domestic uses shall be generally preferred.
(b) 
Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source.
(c) 
Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.
C. 
Conditions attached to special exceptions.
(1) 
Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions, in addition to those required elsewhere in this chapter, that it deems necessary in furthering the purposes of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; increased setbacks; specified sewage disposal or water supply facilities; landscaping and planting screens; period of operation; operation control; sureties; deed restrictions; location of piers, docks, parking and signs; type of construction; or any other requirements necessary to fulfill the purpose and intent of this chapter.
(2) 
The Board of Adjustment in evaluating each application may request the Planning and Zoning Administrator to make available expert assistance from those state and federal agencies which are assisting said district under a memorandum of understanding and any other state or federal agency which can provide technical assistance.
D. 
Notice of public hearing. Before passing upon an application for a special exception permit, the Board of Adjustment shall hold a public hearing. Notice of such public hearing specifying the time, place and matters to come before the Board shall be given in the manner specified in § 396-85D of this chapter, including mailed notice to the district and area offices of the Department of Natural Resources at least 10 days prior to the hearing.
E. 
Recording. When a special exception permit is acted upon, an appropriate record shall be made of the land use and structures permitted or denied, and such grant shall be applicable solely to the structures, uses and property so described. A copy of any decision granting a special exception permit shall be mailed to the district and area offices of the Department of Natural Resources.
NOTE: When a special exception permit is denied, the Board shall state in writing the grounds for refusing the permit.
F. 
Termination. Where a special exception does not continue in conformity with the conditions of the original approval, the special exception shall be terminated by action of the Board of Adjustment.
A. 
Creation of the Board.
(1) 
The Chair of the County Board is hereby directed to appoint a Board of Adjustment according to § 59.694, Wis. Stats., consisting of five members and two alternates.
(2) 
The members shall all reside within the County and outside of limits of incorporated cities and villages; provided, however, that no two members may reside in the same town. The Board shall choose its own Chair and other officers as may be needed.
(3) 
No member shall be a member of the Planning and Zoning Committee or be a member of the County Board of Supervisors or be a member of a town board.
(4) 
Term of office shall be for three years beginning July 1. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B. 
Powers and duties of the Board.
(1) 
The Board of Adjustment shall adopt such rules as it deems necessary for the conduct of business and may exercise all of the powers conferred on such boards by § 59.694(7), Wis. Stats.
(2) 
It shall hear and decide appeals where it is alleged there is error in any order, requirements, decisions or determination made by an administrative official in the enforcement or administration of this chapter.
(3) 
It shall hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass under this chapter.
(4) 
It may 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 or unique site conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship, provided the purpose and intent of this chapter are observed. 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.
(a) 
For the purposes of this section, "unnecessary hardship" means whether compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. Self-created and economic hardship shall not be considered.
(b) 
All parties in interest shall be notified by United States mail of variances and special exceptions.
C. 
Appeals to the Board. Appeals to the Board of Adjustment may be taken by a person aggrieved or by an officer, department, board or bureau of the County affected by a decision of the Planning and Zoning Administrator. Such appeal shall be taken within 30 days of written notice of the decision or order of the Planning and Zoning Administrator by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the ground thereof. The Planning and Zoning Administrator shall forthwith transmit to the Board all the documents constituting the record upon which the action appealed from was taken.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Hearing appeals.
(1) 
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and give public notice and such notice to be published in the official newspaper of the County by publishing a Class 2 notice thereof as defined in Ch. 985, Wis. Stats., as well as due notice to the parties in interest, including mailing notice to the district and area offices of the Department of Natural Resources at least 10 days prior to the hearing. Such notice shall specify the date, time and place of the hearing and matters to come before the Board.
(2) 
A decision regarding the appeal shall be made as soon as practicable.
(3) 
The final disposition of an appeal or application to the Board of Adjustment shall be in the form of a written resolution or order signed by the Secretary of the Board. Such resolution shall state the specific facts that 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.
(4) 
A copy of any decision granting a variance shall be mailed to the district and area offices of the Department of Natural Resources. If a granted variance is not utilized within two years from the date granted, is becomes null and void.
(5) 
Any party may appear in person or by agent or by attorney.
(6) 
Review by court of record. Any person or persons aggrieved by any decision of the Board of Adjustment may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Adjustment.
A. 
The applicant, upon filing of an application, shall pay a fee for the following purposes:
(1) 
Zoning permit;
(2) 
On-site inspections;
(3) 
Special exception permit;
(4) 
Petitions for Zoning Map amendments; and
(5) 
Appeals and variances.
B. 
Fees shall be as set from time to time by the Adams County Board of Supervisors upon recommendation from the Planning and Zoning Committee.