A.
Land use permit procedures.
(1)
An application for a land use permit shall be made to the Zoning
Administrator upon forms furnished by the County.
(a)
The following information shall be provided:
[1]
Owner contact information.
[2]
Property information.
[3]
Project information.
[4]
A site development plan, drawn to scale, to include:
[a]
Dimensions and area of lot.
[b]
Location of all existing and proposed structures and impervious
coverage, with distances measured from the lot lines and center line
of all abutting streets or highways.
[c]
Location of any existing or proposed on-site sewage systems
or private water supply systems.
[d]
Location of the bluffline and OHWM of any abutting navigable
waterways.
[e]
Location and landward limit of all wetlands.
[f]
Existing and proposed topographic and drainage features and
vegetative cover.
[g]
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps used to delineate floodplain
areas.
[h]
Location of existing or future access roads.
[i]
Specifications and dimensions for areas of proposed wetland
alteration.
[5]
Other relevant information that the Zoning Administrator requests, including but not limited to photos, topographic mapping, elevation drawings, cross-section drawings, specialized engineering plans, stormwater management plans, erosion and sediment control plans, vegetation management plans, or additional information per § 239-10.
(b)
If additional information is requested, it shall be submitted
by the applicant to the Zoning Administrator prior to the issuance
of the land use permit.
(2)
The Zoning Administrator shall approve, approve conditionally, or
deny the land use permit within 60 days of submitting a properly completed
application, unless additional information is required.
B.
Conditional use and variance procedures.
(1)
An application for a conditional use permit or variance shall be submitted to the Zoning Administrator upon forms furnished by the County and shall include the following information as outlined in Subsection B(2) below.
(2)
Conditional use and variance applications shall supply information
adequate for the Board of Adjustment to make a decision based on the
type of project to be undertaken.
(a)
The applicant shall submit to the Zoning Administrator sufficient
copies of the following information for all applications:
[1]
General information, including but not limited to:
[2]
For conditional uses, a detailed written explanation of how the proposed use or development meets the requirements for conditional uses as outlined in § 239-10 and § 240-76 as applicable, and the following standards:
[a]
The scenic and recreational qualities of the Riverway District,
especially in regard to the view from and use of the river.
[b]
The maintenance of safe and healthful standards.
[c]
The prevention and control of water pollution, including stormwater
runoff and sedimentation.
[d]
The location of the site with respect to floodplains and floodways,
slope preservation zones, and blufflines.
[e]
The erosion potential of the site based upon degree and direction
of slope, soil type, and vegetative cover.
[f]
Potential impact on terrestrial and aquatic habitat.
[g]
Location of site with respect to existing or future access roads.
[h]
Adequacy of proposed wastewater treatment.
[i]
The compatibility of the project with uses on adjacent land.
[j]
The use of common corridors for locating proposed facilities
within or adjacent to public service facilities such as roads, bridges,
and transmission services.
[3]
For variances, a detailed written explanation of how the requested
variance meets the requirements for variances, and demonstrates, pursuant
to § 59.694(7)(c) or 62.23(7)(e)7, Wis. Stats., that the
granting of a variance will not be contrary to the public interest
and where, due to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship, so
that the spirit of the ordinance shall be observed and substantial
justice done. Economic considerations alone may not constitute a hardship
if a reasonable use for the property exists under the conditions allowed
by this chapter. Conditions may be imposed in the granting of variances
to ensure compliance and to protect adjacent properties and the public
interest, especially in regard to the view from the river.
[4]
A site plan prepared by a registered land surveyor showing the
following information:
[a]
Property location, boundaries, elevations and dimensions.
[b]
Location of all existing and proposed structures and impervious
surfaces with distances measured from the lot lines and the center
line of all abutting streets or highways.
[c]
Contours on an established datum at vertical intervals of not
more than two feet.
[d]
Blufflines, slope preservation zones, OHWM, floodway and flood-fringe
boundaries, and all applicable setbacks.
[e]
Adjoining land and water-oriented uses.
[f]
The location and description of existing and proposed alterations
of vegetation, topography, and drainage, including grading limits
and vegetation removal and replacement.
[5]
A recent aerial photo with property lines drawn in, showing
the location of existing and proposed structures, including height
and setback dimensions.
[6]
A mitigation plan, if required.
[7]
An erosion control plan.
[8]
A vegetative management plan, showing where vegetation is proposed
to be removed and replaced.
[9]
Photos of the site taken from the river slightly upstream and
downstream of the property, directly offshore, and at or near the
midline of the St. Croix River.
[10]
Other relevant information that the Zoning Administrator requests, including but not limited to elevation drawings, cross-section drawings, specialized engineering plans, stormwater management plans, erosion and sediment control plans, vegetation management plans, or additional information per § 239-10.
(b)
If additional information is requested, it shall be submitted
by the applicant to the Zoning Administrator prior to the issuance
of a permit or approval of the variance.
(c)
Applications for a permit for land divisions, bed-and-breakfast
operations, nature-oriented educational, nonprofit facilities, and
variances shall also include:
(d)
Applications for a permit for filling and grading, structural
erosion control measures, and road construction shall also include
a plan showing the proposed construction, reconstruction, location
and design of the filling or grading, structural erosion control measures,
or road construction.
(e)
Applications for a permit for transmission services and wireless
communications service facilities shall also include:
[1]
For transmission services, a plan showing the location of proposed
facilities and, if not placed underground, documentation of why this
is technically infeasible, and a plan outlining design and construction
methods to minimize adverse visual impacts to the Riverway District.
[2]
For wireless communications service facilities, a plan showing
the location of proposed facilities and an illustration of the methods
to be used to meet design requirements for the appropriate stealth,
camouflage, and height requirements.
(f)
Applications for a permit for stairways and lifts shall also
include a plan showing the stairway or lift location, design, dimensions,
color, construction materials, erosion control measures and vegetation
removal and replacement. The plan shall contain a certification by
a registered professional engineer or architect that the stairway
or lift components are securely anchored to prevent them from shifting
and from causing erosion. The plan shall be approved or modified by
the Zoning Administrator and incorporated into the conditional use
permit.
C.
Reasonable accommodation for disabled persons. Ramps, walkways or
decks to provide a disabled person with reasonable access to his or
her property as required by the Federal Americans with Disabilities
Act, the Federal Fair Housing Act and the Wisconsin Fair Housing Act
are allowed by land use permit, subject to the following standards:
(1)
Only the minimum relaxation of dimensional, density or other standards
needed to provide reasonable access may be approved.
(2)
No use, structure or other relaxation of standards may be approved
that would violate or undermine the stated purposes of this chapter.
(3)
Any variance issued for the property shall meet the criteria of § 59.694(7),
Wis. Stats.
D.
Amendment procedures.
(2)
Upon enactment of an amendment to this chapter, the Zoning Administrator
shall submit two copies to the WDNR.
(3)
Applications for text amendments or rezonings (map amendments) shall
include:
(a)
A survey certified by a professional engineer or registered
land surveyor showing:
[1]
Property location, boundaries, elevations and dimensions.
[2]
Location of all existing and proposed structures and impervious
surfaces, with distances measured from the lot lines and center line
of all abutting streets or highways.
[3]
Contours on an established datum at vertical intervals of not
more than two feet.
[4]
Blufflines, slope preservation zones, OHWM, floodway and flood-fringe
boundaries, and all applicable setbacks.
[5]
Utility and roadway corridors.
[6]
Adjoining land and water-oriented uses.
[7]
The location of existing and proposed alterations of vegetation
and topography, including grading limits and vegetation removal and
replacement that is proposed.
(b)
Photos of the site taken from the river slightly upstream and
downstream of the property, and directly offshore.
(c)
Other relevant information that the Zoning Administrator requests.
If the Zoning Administrator requests additional information, it shall
be submitted by the applicant to the Zoning Administrator prior to
any hearing on the application.
(4)
The procedures and application requirements in this subsection do
not apply to proposals to change the management zone boundaries established
in Wisconsin Administrative Code Section NR 118.04. The management
zone boundaries in Wisconsin Administrative Code Section NR 118.04
may only be changed by revision of Wisconsin Administrative Code Section
NR 118.04.
E.
Public hearing procedures.
(1)
A public hearing shall be held before any conditional use permit,
any variance, or any amendment is approved or denied.
(2)
In addition to any other notice requirements, notice of all public
hearings and a copy of all application materials shall be provided
to the following for review and comment at least 30 days prior to
the public hearing:
(3)
Any plan submitted with an application shall be approved, or modified
and approved, and included as part of the permit, variance or amendment
application. The Zoning Administrator shall submit a summary of all
proceedings, including a copy of any written decision, to the WDNR
within five working days after the date of the decision.
(4)
Where additional information is introduced at any stage of the proceeding
by the applicant or where the applicant may wish to review the WDNR's
opposition or town's opposition if applicable, the proceeding
may be postponed for a reasonable period of time to review the information.
(5)
A conditional use permit may not be granted if the town board objects
to the issuance as a part of the hearing. Such objection shall explain
where the proposed project is inconsistent with this chapter, § 30.27,
Wis. Stats., Wisconsin Administrative Code Chapter NR 118, or town
ordinances.
F.
Decisions.
(1)
All land use permit decisions shall be in writing and shall include
facts and reasons for the decisions.
(2)
The final disposition of an application for a conditional use permit
or variance to the Board of Adjustment shall be in the form of a written
decision, made within a reasonable time after the public hearing,
signed by the Board of Adjustment Chairperson.
G.
Expiration.
(1)
Activities authorized by a permit or variance issued under this chapter
shall commence within one year from the date of approval and be substantially
completed or implemented within two years, after which time the permit
or variance expires.
(2)
Prior to expiration of a permit or variance, applicants can request
extensions of up to six months from the Zoning Administrator.
(3)
The total time granted for extensions shall not exceed one year.
H.
Compliance and revocation.
(1)
Where the terms or conditions on any permit or variance are violated,
the permit or variance may be revoked. The Zoning Administrator may
revoke a land use permit. The Board of Adjustment may revoke a conditional
use permit or a variance.
I.
Penalties. Any person, firm, association or corporation or representative
agent who fails to comply with the provisions of this chapter or any
order of the Zoning Administrator issued in accordance with this chapter
shall, upon conviction thereof, forfeit not less than $100 nor more
than $500 and the cost of prosecution for each violation, including
court costs and reasonable attorney fees, and in default of payment
of such forfeiture and costs shall be imprisoned until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate violation.
