Board of Adjustment - Regular Meeting — Agenda Packet

Chippewa County Board of Adjustment Regular Meeting September 16, 2026 Chippewa County Courthouse, Room 302 1:15 PM Citizen Rep, Chair Jeff Bennesch Citizen Rep, Vice-Chair Roger McFarlane Citizen Rep Doug Matthews Citizen Rep Edmond Miniatt (Alternate) Citizen Rep Carolyn Kaiser Citizen Rep Douglas Olson Citizen Rep Vacant (Alternate) Page 1 of 70 Chippewa County Board of Adjustment Regular Meeting September 16, 2026 Chippewa County Courthouse, Room 302 1:15 PM 1. Call to Order 2. Roll Call 3. Members of the Public Wishing to Be Heard (Comments will be limited to 5 minutes per speaker.) 4. Consent Agenda (Unless separation of an item is requested, all items will be adopted under one motion.) 1. Approve the Agenda 2. Approve the Minutes: August 19, 2026 Site Inspections & Regular Meeting 3. Schedule Next Meeting Date - October 21, 2026 5. Public Hearings - for Discussion and Action 1. Administrative Appeal: 2026-0003 Thomas Mazur - Town of Lafayette 6. Reports 1. Review of Board of Adjustment Rules and By-Laws 7. Agenda Items for Future Consideration 8. Adjourn Chippewa County shall attempt to provide reasonable special accommodations to the public for access to its public meetings, provided reasonable notice of special need is given. If special accommodations for a meeting are desired, contact the County Clerk’s Office at 715-726- 7980. Members of the Chippewa County Board of Supervisors who are not members of this committee are entitled to attend this meeting. It is possible that the attendance of one or more such nonmember Supervisors may create a quorum of some other county board committee, board or commission. Such a quorum is unintended and the nonmember Supervisors are not meeting for the purpose of exercising the responsibility, authority, power, or duties of any other committee, board or commission. Published: September 10, 2026 Page 2 of 70 Chippewa County Board of Adjustment Site Inspections August 19, 2026 Chippewa County Courthouse, Room 016 12:15 PM 1. Call to Order 2. Roll Call 3. Approve the Agenda (Unless separation of an item is requested, all items will be adopted under one motion.) Motion to Approve the Agenda. Motion: Approved Result: Passed (4 - 0) Mover: Roger McFarlane Seconder: Doug Matthews Ayes: Jeff Bennesch, Roger McFarlane, Doug Matthews, Carolyn Kaiser Nayes: None Absent: 4. Site Inspection 1. The Board of Adjustment will complete an onsite inspection for Variance Request 2026-0002 (Jeremy & Wendy Stary) located at 5323 176th Street, Town of Lafayette Board of Adjustement traveled to 5323 176th Street for the onsite inspection and then returned to the County Courthouse. 5. Adjourn Motion to Adjourn. Motion: Approved Result: Passed (4 - 0) Page 3 of 70 Mover: Doug Matthews Seconder: Roger McFarlane Ayes: Jeff Bennesch, Roger McFarlane, Doug Matthews, Carolyn Kaiser Nayes: None Absent: Page 4 of 70 Chippewa County Board of Adjustment Regular Meeting August 19, 2026 Chippewa County Courthouse, Room 016 1:00 PM 1. Call to Order 2. Roll Call 3. Members of the Public Wishing to Be Heard None. 4. Consent Agenda (Unless separation of an item is requested, all items will be adopted under one motion.) Discussion on the wording used for the second motion of the Hagmann Variance. The minutes snippet showed "Motion to remove the variance from the table". The second motion should read "Motion to Approve Variance." Motion to Approve with the amended language. Motion: Approved as Amended Result: (4 - 0) Mover: Carolyn Kaiser Seconder: Roger McFarlane Ayes: Jeff Bennesch, Roger McFarlane, Doug Matthews, Carolyn Kaiser Nayes: None Absent: 1. Approve the Agenda 2. Approve the Minutes: December 17, 2025 3. Schedule Next Meeting: September 16, 2026 5. Public Hearings - Discussion and Action Page 5 of 70 1. Variance Request: 2026-0002 Jeremy & Wendy Stary - Town of Lafayette General discussion with Roder and Lee presenting the facts of the project location and request. Mr. Stary presented the application to the BOA along with his explanation of the variance criteria. Atty. Paul Mirr, Ruder Ware and Richard & Debra Lambrecht spoke in opposition of the request as adjacent neighbors concerned with the encroachment, increased height, and inability to meet variance criteria. General discussion between Roder, Lee, BOA members, Atty. Mirr, and applicant on the variance request. Motion to deny the variance request because there was no unnecessary hardship or physical limitations that prevented the structure from being relocated to meet setbacks. Motion: Approved Result: (4 - 0) Mover: Doug Matthews Seconder: Roger McFarlane Ayes: Jeff Bennesch, Roger McFarlane, Doug Matthews, Carolyn Kaiser Nayes: None Absent: 6. Agenda Items for Future Consideration None. Doug Olson will be absent. 7. Adjourn Motion to Adjourn. Motion: Approved Result: Passed (4 - 0) Mover: Carolyn Kaiser Seconder: Roger McFarlane Ayes: Jeff Bennesch, Roger McFarlane, Doug Matthews, Carolyn Kaiser Nayes: None Absent: Page 6 of 70 Page 7 of 70 Page 8 of 70 Page 9 of 70 Page 10 of 70 Page 11 of 70 Page 12 of 70 Page 13 of 70 Page 14 of 70 Page 15 of 70 Page 16 of 70 Page 17 of 70 Page 18 of 70 Page 19 of 70 Page 20 of 70 Page 21 of 70 Page 22 of 70 Page 23 of 70 Page 24 of 70 Page 25 of 70 Page 26 of 70 Page 27 of 70 (Posted on September 1, 2026)   Chippewa County Website & County Clerk’s BulleƟn Board      CHIPPEWA COUNTY BOARD OF ADJUSTMENT   NOTICE OF PUBLIC HEARING   STATE OF WISCONSIN      PUBLIC NOTICE is hereby given to all persons in the County of Chippewa, Wisconsin, that a public hearing will be held on  September 16, 2026 beginning at 1:00 pm in Room 016 of the Chippewa County Courthouse, Chippewa Falls, Wisconsin,  relaƟve to the following request:      AdministraƟve Appeal: #2026‐0003                Appellant: Thomas Mazur  Appeal of the Zoning Administrator’s decision to include a swingset in the definiƟon of a structure and/or an  accessory structure as defined in secƟons 55‐5(b)(36) and 55‐5(b)(2) of the Chippewa County Shoreland Zoning  Ordinance. This appeal is for Lot 1, CerƟfied Survey Map 795 (Parcel number 22808‐1113‐70795001), which is  located in the SW ¼ of the NE ¼, SecƟon 11, Township 28 North, Range 08 West. Town of LafayeƩe. Physical  Address: 5553 176th Street.     All persons interested are invited to aƩend.  Specific informaƟon regarding this hearing can be obtained at the Chippewa  County Department of Planning & Zoning.              Dated: August 31, 2026    Page 28 of 70 DEPARTMENT OF PLANNING & ZONING  711 North Bridge Street, Chippewa Falls, WI 54729  Phone:715.726.7940  www.chippewacountywi.gov  Land Management Land Planning Land Records & G.I.S. POWTS & Wells CHIPPEWA COUNTY Date: August 31, 2026 To: Property Owner(s) From: Douglas Clary, Director Re: Public Meeting & Public Hearing Dear Property Owner(s): The Chippewa County Department of Planning & Zoning has received a request for a n administrative appeal and your property has been determined to be within the legal public hearing notification distance per county and state requirements. I have enclosed a map identifying the location of the parcel associated with this request. If you have any questions, please contact me at (715) 726-7941. Administrative Appeal: #2026-0003 Appellant: Thomas Mazur Appeal of the Zoning Administrator’s decision to include a swingset in the definition of a structure and/or an accessory structure as defined in sections 55-5(b)(36) and 55-5(b)(2) of the Chippewa County Shoreland Zoning Ordinance. This appeal is for Lot 1, Certified Survey Map 795 (Parcel number 22808-1113-70795001), which is located in the SW ¼ of the NE ¼, Section 11, Township 28 North, Range 08 West. Town of Lafayette. Physical Address: 5553 176th Street. Chippewa County Board of Adjustment: The Chippewa County Board of Adjustment (BOA) will hold a PUBLIC HEARING on September 16, 2026 at 1:00 PM, in Room 016, of the Chippewa County Courthouse at 711 N. Bridge Street, Chippewa Falls, Wisconsin. The BOA will make a determination to approve or deny the request. Page 29 of 70 Page 30 of 70 Page 31 of 70 DEPARTMENT OF PLANNING & ZONING  711 North Bridge Street, Chippewa Falls, WI 54729  Phone:715.726.7940  www.chippewacountywi.gov  Land Management Land Planning Land Records & G.I.S. POWTS & Wells CHIPPEWA COUNTY Date: September 10, 2026 To: Jeff Bennesch, Board of Adjustment Chair From: Douglas Clary, Director Re: Appeal # 2026-0003 – Administrative Appeal Request 1. Appellant Name: Thomas Mazur 2. Property Location/Address: Lot 1, Certified Survey Map 795 (Parcel number 22808-1113-70795001), which is located in the SW ¼ of the NE ¼, Section 11, Township 28 North, Range 08 West. Town of Lafayette. Physical Address: 5553 176th Street. 3. Administrative Appeal Request: Per section 55-13(h)(1) of the Shoreland Ordinance: “The Board of Adjustment is to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination of the Administrator or Committee in the administration or enforcement of this ordinance ”. Specifically, the applicant is appealing the decision of the Zoning Administrator to include a swingset in the definition of a structure and/or an accessory structure as defined in sections 55-5(b)(35) and 55-5(b)(2) of the Chippewa County Shoreland Zoning Ordinance. 4. Staff Comments: Section 55-5(b) of the Shoreland Zoning Ordinance (SZO) has definitions that are to be utilized in the administration and enforcement of the ordinance. If word is not defined , counties or municipalities would default to applicable State Statutes, Administrative Codes or a dictionary such as Mirriam -Webster. The SZO does have a definition for a “structure” and an “accessory structure”, and those definitions should be utilized for the review of this appeal. The SZO definition of a structure refers to a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch or fire pit. I think we can all agree that the first part of the definition referring to a principal structure is not in contention and is referring to the house. The second part of the definition calls out any accessory structure, which includes a list of structures that would be considered an accessory structure. Please take note that the second part does not have a limiting statement such as “limited to” or “only includes” rather it calls out “any”. The SZO definition of an accessory structure and use are combined into one , so for the purposes of this appeal, I have taken out the language that deals with use. Per the ordinance, an accessory structure means a detached subordinate structure which is clearly incidental to and customarily found in connection with the principal structure to which it is related, and which is located on the same lot as the principal structure. An accessory structure shall not have habitable living spaces. Once again, we should be in agreement that the principal structure on the property is the house. Any additional structures on the property would then be considered accessory structure s. Below is my review of the swingset in relation to the accessory structure definition: a. Is the swingset a detached subordinate structure? The SZO does not have a definition of subordinate, so we’ll default to the Merriam-Webster (MW) Dictionary. MW defines subordinate as “placed in or occupying a lower class, rank or position: inferior”. Based on this definition, I would agree that the swingset is subordinate and meets this criterion. b. Is the swingset clearly incidental to and customarily found in connection with the principal structure? Yes. I would agree that the swingset meets this criterion. c. Is the swingset located on the same lot as the principal structure? Yes. I would agree that the swingset meets this criterion. Page 32 of 70 Mazur, Thomas Administrative Appeal #2026-0003 September 10, 2026 Page 2 of 3 d. The swingset shall not have habitable living space? Correct. I would agree that the swingset meets this criterion. Mazur wishes to formally remove the accessory definition in the SZO and insert his own uncited definition, which cannot happen. But, in reviewing the supplied definition, the last part states “In short, an accessory structure is a secondary building or feature on a property that supports or complements the main structure’s use, is located on the same lot, and is not the primary purpose of the property”. Here is my review: a. Is the swingset a secondary building on a property? The SZO does not have a definition of building. MW defines a building as “a usually roofed and walled structure built for permanent use (as for a dwelling)”. Based on this definition, I would not call the swingset a building. b. Is the swingset a feature on a property? The SZO does not have a definition of a feature. MW defines a feature as “a prominent part or characteristic”. Based on this definition, I would call a swingset a feature, which by this definition is an accessory structure. I would agree that the swingset meets this criterion c. Is the swingset on a property that supports or complements the main structure’s use? Yes. I would agree that the swingset meets this criterion. d. Is the swingset located on the same lot and is not the primary purpose of the property? Yes. (I am assuming we are still in agreement that the principal structure on the property is the house). I would agree that the swingset meets this criterion. Based on the definitions, it is clear a swingset would be considered an accessory structure under the SZO and subsequently defined as a structure. I bring this to your attention because the swingset is located within 75’ of the ordinary high-water mark (OHWM) and would need to be removed. Section 55-42(b) of the SZO requires all structures to be setback at least 75’ from the OHWM, unless specifically exempted under 55-42(b)(1) or if a reduced principal structure setback can be obtained per 55-42(c). Once again, the house is the principal structure, so section 55-42(c) is not applicable to the swingset. A swingset is not listed as an exemption under section 55-42(b)(1) and Wis. Stat. § 59.692(1n)(d) therefore a 75’ setback would be applicable. The swingset might have qualified as an Open Sided and/or Screened Structure per section 55-49 and Wis. Stat. § 59.692(1v). However, in this particular situation, the swingset and the existing development on the property do not meet all of the necessary criteria: a. 59.692(1v)(a) & 55-49(a)(1): The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.  The swingset is located 24’ from the OHWM. b. 59.692(1v)(b) & 55-49(a)(2): The total floor area of all of the structures in the shoreland setback area of the property will not exceed 200 square feet. In calculating this square footage, boathouses shall be excluded.  The existing structures within 75’ of the OHWMR exceed 200 square feet. c. 59.692(1v)(c) & 55-49(a)(3): The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.  The swingset would meet this requirement. d. 59.692(1v)(d) & 55-49(a)(4): The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreland setback area that is nearest to the water.  Not applicable because the first two criteria cannot be met. e. 55-49(a)(5): An enforceable affidavit must be filed with the Chippewa County Register of Deeds prior to the construction, which acknowledges the establishment, preservation and maintenance of the vegetative buffer zone.  Not applicable because the first two criteria cannot be met. f. 55-49(a)(6): The statutory requirements under Wis. Stat. § 59.692(1v), which require the establishment of a vegetative buffer zone for the construction of an open sided structure is not superseded by Wis. Stat. § 59.692(1f)(a).  Not applicable because the first two criteria cannot be met. 5. Staff Recommendation: The Board of Adjustment should find that the swingset meets the definition of an accessory structure per section 55-5(b)(2) and as a result meets the definition of a structure per section 55 -5(b)(35). Thus, the Page 33 of 70 Mazur, Thomas Administrative Appeal #2026-0003 September 10, 2026 Page 3 of 3 swinger (structure) would need to meet the required set shoreland setback of 75’. If the Board of Adjustment believes that I have erred in the interpretation of the accessory structure and structure definitions, I would ask for specific findings of facts identifying the error. Attachments: Shoreland Zoning Ordinance Sections: 55-5(b)(2) – Accessory Structure Definition 55-5(b)(35) – Structure Definition 55-13(h)(1) – Board of Adjustment – Administrative Appeals 55-42(b) and (c) – Shoreland Setbacks and Reduced Principal Structure Setback 55-49 – Open Sided and Screened Structures Wisconsin State Statutes: 59.692(1) - Definitions 59.692(1n)(d) – Exempted Structures within the Shoreland Setback Requirement 59.692(1v) – Open Sided And Screened Structures Requirements July 17, 2026 – Correspondence Lee to Mazur Note: I only included the letter and the photos. The other docs I removed. Page 34 of 70 (Page Intentionally Left Blank) Page 35 of 70 Atachments: Shoreland Zoning Ordinance Sec�ons Page 36 of 70 (Page Intentionally Left Blank) Page 37 of 70 Chippewa County Code of Ordinances Chapter 55 – Shoreland Zoning September 10, 2024 Page 6 of 38 (2) Accessory Structure or Use means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with the principal structure or use to which it is related, and which is located on the same lot as the principal structure or use. An accessory structure shall not have habitable living spaces. (3) Administrator means the employee of the Department of Planning and Zoning officially designated to administer and enforce this ordinance or an agent designated by the Administrator. (4) Boathouse means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of these structural parts. (5) Class 2 Legal Notice means a required notice under Wis. Stats. §985.07(2). The Class 2 legal notice shall be posted per sec. 2-3 of the Chippewa County Code or Ordinances. (6) Conditional Use means a use which is permitted by this ordinance provided that certain conditions specified in this ordinance are met and that a permit is granted by the Committee. (7) Committee means the Planning and Zoning Committee which is made up of County Board members and oversees the policy for planning and zoning as outlined under Wis. Stat. § 59.69(2)(a). (8) Department means the Department of Natural Resources. (9) Existing Development Pattern means that principal structures exist within 250 feet of a proposed principal structure in both directions along the shoreline. (10) Floodfringe means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and generally associated with standing water rather than flowing water. (11) Floodplain means the land which has been or may be hereafter covered by flood water during the regional flood. The floodplain includes the floodway and the flood fringe as those terms are defined in Wis. Adm. Code Natural Resources (NR) 116. (12) Floodway means that channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. (13) Footprint means the land area covered by a structure at ground level measured on a horizontal plane. The footprint of a residence or building includes the horizontal plane bounded by the furthest exterior wall projected to natural grade. For structures without walls (decks, stairways, patios, carports) – a single horizontal plane bounded by the furthest portion of the structure projected to natural grade. Note: For the purposes of replacing or reconstructing a nonconforming building with walls, the footprint shall not be expanded by enclosing the area that is located within the horizontal plane from the exterior wall to the eaves projected to natural grade. This constitutes a lateral expansion under NR 115 and would need to follow NR 115.05 (1)(g)5. Page 38 of 70 Chippewa County Code of Ordinances Chapter 55 – Shoreland Zoning September 10, 2024 Page 8 of 38 ordinances required under Wis. Stat. § 59.692, and Wis. Adm. Code Natural Resources (NR) 115, do not apply to lands adjacent to: a. Farm drainage ditches where such lands are not adjacent to a natural navigable stream or river and such lands were not navigable streams before ditching; and b. Artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body (26) Ordinary High-Water Mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics. (27) Patio means a flat exterior-constructed surface, no higher than original grade, made of concrete, wood, brick or a combination thereof. A patio shall not include affixed appendages such as benches, tables, walls, roofs or any other structural components. (28) Principal Structure means a structure that is utilized for commercial and/or residential purposes. (29) Regional Flood means a flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics, once in every 100 years. (30) Routine Maintenance of Vegetation means normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance. (31) Setback means the minimum horizontal distance required between property lines or the ordinary high-water mark for the placement of a structure, exclusive of permitted projections. The setback shall be measured at right angles and shall be measured to the wall of the structure as long as there are no projections including, but not limited to, eaves, balconies, fire escapes, or fireplaces that are greater than 2 feet. (32) Shoreland means lands within the following distances from the ordinary highwater mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater. (33) Shoreland Setback, also known as the Shoreland setback area in Wis. Stat. § 59.692(1)(bn), means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of structures has been limited or prohibited under an ordinance enacted under Wis. Stat. § 59.692. (34) Shoreland-Wetland District means a zoning district, created as a part of a county zoning ordinance, comprised of shorelands that are designated as wetlands on the Wisconsin wetland inventory maps prepared by the department. (35) Structure per Wis. Stat. §59.692(1)(e), means a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch or fire pit. Page 39 of 70 Chippewa County Code of Ordinances Chapter 55 – Shoreland Zoning September 10, 2024 Page 12 of 38 carry into effect the regulations of this ordinance and any rules and by-laws adopted by the County Board. (7) In the case of all appeals, the Board of Adjustment shall call upon the Administrator for all information pertinent to the decision appealed from. (f) Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the Administrator. Such appeal shall be taken within a reasonable time as provided by the rules and by-laws of the Board of Adjustment, with notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. (g) Stays. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Administrator shall certify to the Board of Adjustment after notice of appeal shall have been filed with him, that by reason of facts stated in the affidavit, a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record. (h) Powers and Duties. The powers and the duties of the Board of Adjustment are identified in 59.694(7) of the Wisconsin Statutes and in the applicable rules and by-laws as adopted by the County Board. The Board of Adjustment shall have the following general powers: (1) Administrative Appeals. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination of the Administrator or Committee in the administration or enforcement of this ordinance. (2) Variances. To authorize, upon appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, the literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed, public welfare and safety secured and substantial justice done. A variance shall: a. be consistent with the spirit and intent of this ordinance. b. not permit any change in the uses in the established zoning districts. c. not be granted unless it is demonstrated that the variance will not be contrary to the public interest or damaging to the rights of other persons or property values in the area. d. not be granted for actions, which require an amendment to this ordinance. e. not have the effect of allowing a use or structure, which is prohibited under this ordinance unless the BOA determines that no feasible legal use of the property can be made without such variance or strict conformity with the applicable provisions is unnecessarily burdensome and provided that a use variance may not be granted in a floodplain, shoreland-wetland or conservancy district. f. not be granted on the basis of economic gain or loss. Page 40 of 70 Chippewa County Code of Ordinances Chapter 55 – Shoreland Zoning September 10, 2024 Page 24 of 38 Sec. 55-42. Ordinary Highwater Mark Setbacks. (a) Purpose. Permitted structure setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution. (b) Shoreland Setbacks. Unless exempt under section 55-42(b)(1), or reduced under section 55-42(c) a setback of 75 feet from the ordinary high-water mark of any navigable water to the nearest part of a structure shall be required for all structures. (1) Exempt Structures. All of the following structures are exempt from the shoreland setback standards in section 55-42(b): a. Boathouses b. Open-Sided and Screened Structures c. Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are 2 meters or less in diameter. d. Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pump-house covers, private on-site wastewater treatment systems that comply with ch. SPS Comm 383,Wis. Adm. Code, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure. e. Walkways, stairways or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 60-inches in width. f. Devices or systems used to treat runoff from impervious surfaces. (2) Existing Exempt Structures. Existing exempt structures may be maintained, repaired, replaced, restored, rebuilt and remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional structure envelope of the existing structure. The Administrator may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements. (c) Reduced Principal Structure Setback. A setback less than the 75’ required setback from the ordinary high-water mark shall be permitted for a proposed principal structure and shall be determined as follows: (1) Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the ordinary high-water mark provided all of the following are met: a. Both of the existing principal structures are located on an adjacent lot to the proposed principal structure. Page 41 of 70 Chippewa County Code of Ordinances Chapter 55 – Shoreland Zoning September 10, 2024 Page 25 of 38 b. Both of the existing principal structures are located within 250’ of the proposed principal structure and are the closest structure. c. Both of the existing principal structures are located less than 75’ from the ordinary high-water mark. d. The average setback shall not be reduced to less than 35’ from the ordinary high-water mark of any navigable water. (d) Floodplain Structures. Structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance. Sec. 55-43. Vegetative Buffer Zone. (a) Purpose. To protect natural scenic beauty, fish and wildlife habitat, and water quality, removal of vegetation in shoreland areas shall be consistent with sound forestry and soil conservation practices, as well as the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients. (b) Removal of Vegetation within the Vegetative Buffer Zone. The vegetative buffer zone shall be designated as that portion of land that extends from the ordinary high-water mark to 35 feet inland. The removal of vegetation in the vegetative buffer zone is prohibited except as follows: (1) Routine maintenance of vegetation. (2) Removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors. Per Wis. Stat. § 59.692(1f)(b), the viewing corridor may be at least 35 feet wide for every 100 feet of shoreline frontage. The viewing corridor may run contiguously for the entire maximum width of shoreline frontage owned. (3) Removal of trees and shrubs in the vegetative buffer zone on a parcel with 10 or more acres of forested land consistent with “generally accepted forestry management practices” as defined in s. NR 1.25 (2) (b), Wis. Adm. Code, and described in Department publication “Wisconsin Forest Management Guidelines” (publication FR-226), provided that vegetation removal be consistent with these practices. (4) Removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable. (5) The Administrator may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit issued under this section shall require that all management activities comply with detailed plans approved by the Administrator and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area. (6) Wis. Stats. 59.692(1f)(a), prohibits Chippewa County from requiring a property owner to re-establish a vegetative buffer zone on previously developed land or expand an existing Page 42 of 70 Chippewa County Code of Ordinances Chapter 55 – Shoreland Zoning September 10, 2024 Page 31 of 38 (h) Boathouses shall not exceed one story. Maximum height from the boathouse floor to the roof peak shall not exceed 12 feet. The floor area shall not exceed 500 square feet. (i) The maintenance and repair of existing nonconforming boathouses, which extend beyond the ordinary high-water mark shall comply with the requirements of Wis. Stat. § 30.121. (j) Standards for removal of shoreline vegetation in section 55-43 shall be complied with. (k) If located or proposed within 35’ of the ordinary high-water mark, they shall be located within the 35’ structural development area as described in 55-43(c). Sec. 55-49. Open-Sided and Screened Structures. (a) Open-Sided and Screened Structures. Open-sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in Wis. Stat. § 59.692(1v): (1) The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary-high water mark. (2) The floor area of all the structures in the shoreland setback area will not exceed 200 square feet. (3) The structure has no sides, except for open or screened sides. (4) The county shall approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water. (5) An enforceable affidavit must be filed with the Chippewa County Register of Deeds prior to the construction, which acknowledges the establishment, preservation and maintenance of the vegetative buffer zone. (6) The statutory requirements under Wis. Stat. § 59.692(1v), which require the establishment of a vegetative buffer zone for the construction of an open sided structure is not superseded by Wis. Stat. § 59.692(1f)(a). Sec. 55-50. Filling, Grading, Lagooning, Dredging, Ditching and Excavating. (a) General Standards. Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under subsection (c) of this section may be permitted in the shoreland area provided that: (1) It is done in a manner to minimize erosion, sedimentation and impairment of fish and wildlife habitat. (2) Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets the requirements of subsections 55-28(a)(1) and (2). Page 43 of 70 Atachments: Wisconsin State Statutes – 59.692 Excerpts Page 44 of 70 (Page Intentionally Left Blank) Page 45 of 70 COUNTIES 59.69273 Updated 23-24 Wis. Stats. Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. September 4, 2026. sub. (11). Waupaca County v. Golla, 2022 WI App 40 , 404 Wis. 2d 141 , 978 N.W.2d 558, 21-1076. In this case, the circuit court did not improperly consider deterrence as a factor to support an injunction under sub. (11). Waupaca County v. Golla, 2022 WI App 40, 404 Wis. 2d 141, 978 N.W.2d 558, 21-1076. A county board of supervisors may deny a rezone petition based on significant differences in conditional uses that may be allowed in the applicable zoning dis- tricts, even if the permitted uses in the zoning districts are similar. Dyersville Ready Mix Inc. v. Iowa County Board of Supervisors, 2025 WI App 33, 416 Wis. 2d 476, 21 N.W.3d 803, 24-1091. The fact that a county is within a regional planning commission does not affect county zoning power. 61 Atty. Gen. 220. Discussing the authority of a county to regulate mobile homes under this section and other zoning questions. 62 Atty. Gen. 292. Zoning ordinances utilizing definitions of “family” to restrict the number of unre- lated persons who may live in a single family dwelling are of questionable constitu- tionality. 63 Atty. Gen. 34. Under s. 59.97 (5) (c) [now sub. (5) (c)], town board approval of a comprehensive county zoning ordinance must extend to the ordinance in its entirety and may not ex- tend only to parts of the ordinance. 63 Atty. Gen. 199. The office of county planning and zoning commission member is incompatible with the position of executive director of the county housing authority. 81 Atty. Gen. 90. An amendment to a county zoning ordinance adding a new zoning district does not necessarily constitute a comprehensive revision requiring town board approval of the entire ordinance under s. 59.97 (5) (d) [now sub. (5) (d)]. 81 Atty. Gen. 98. A county’s power under sub. (4) is broad enough to encompass regulation of the storage of junked, unused, unlicensed, or abandoned motor vehicles on private prop- erty. Because sub. (10) protects “trade or industry,” a county zoning ordinance could prohibit an existing non-commercial, nonconforming use or a use that is “ca- sual and occasional.” OAG 2-00. A county’s minimum lot size zoning ordinance applies to parcels created by a court through division in a partition or probate action, even if such division would be exempted from a municipality’s subdivision authority under s. 236.45 (2) (am) 1. OAG 1-14. A county is not prohibited from imposing elements of its general zoning ordi- nance in the shorelands in a town even if the town has not adopted the county’s gen- eral zoning ordinance under sub. (5) (c), so long as those elements are consistent with s. 59.692. OAG 1-19. A county’s application of its comprehensive zoning ordinance to fee simple land held by tribal members within a reservation violates federal Indian law. Red Cliff Band of Lake Superior Chippewa Indians v. Bayfield County, 432 F. Supp. 3d 889 (2020). Zoning Law: Architectural Appearance Ordinances and the First Amendment. Rice. 76 MLR 439 (1993). 59.691 Required notice on certain approvals. (1) In this section, “wetland” has the meaning given in s. 23.32 (1). (2) (a) Except as provided in par. (b), a county that issues a building permit or other approval for construction activity, shall give the applicant a written notice as specified in subs. (3) and (4) at the time the building permit is issued. (b) 1. A county is not required to give the notice under par. (a) at the time that it issues a building permit if the county issues the building permit on a standard building permit form prescribed by the department of safety and professional services. 2. A county is not required to give the notice under par. (a) at the time that it issues a building permit or other approval if the building permit or other approval is for construction activity that does not involve any land disturbing activity including removing protective ground cover or vegetation, or excavating, filling, cov- ering, or grading land. (3) Each notice shall contain the following language: “YOU ARE RESPONSIBLE FOR COMPLYING WITH STATE AND FEDERAL LAWS CONCERNING CONSTRUCTION NEAR OR ON WETLANDS, LAKES, AND STREAMS. WET- LANDS THAT ARE NOT ASSOCIATED WITH OPEN WA- TER CAN BE DIFFICULT TO IDENTIFY. FAILURE TO COMPLY MAY RESULT IN REMOV AL OR MODIFICATION OF CONSTRUCTION THAT VIOLATES THE LAW OR OTHER PENALTIES OR COSTS. FOR MORE INFORMA- TION, VISIT THE DEPARTMENT OF NATURAL RE- SOURCES WETLANDS IDENTIFICATION WEB PAGE OR CONTACT A DEPARTMENT OF NATURAL RESOURCES SERVICE CENTER.” (4) The notice required in sub. (2) (a) shall contain the elec- tronic website address that gives the recipient of the notice direct contact with that website. (5) A county in issuing a notice under this section shall re- quire that the applicant for the building permit sign a statement acknowledging that the person has received the notice. History: 2009 a. 373; 2011 a. 32; 2017 a. 365 s. 112. 59.692 Zoning of shorelands on navigable waters. (1) In this section: (a) “Department” means the department of natural resources. (ar) “Roadway” has the meaning given in s. 340.01 (54). (b) “Shorelands” means the area within the following dis- tances from the ordinary high-water mark of navigable waters, as defined under s. 281.31 (2) (d): 1. One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake, this distance shall be measured from the high-water mark of the lake. 2. Three hundred feet from a river or stream or to the land- ward side of the floodplain, whichever distance is greater. (bn) “Shoreland setback area” means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of structures has been limited or prohibited under an ordinance enacted under this section. (c) “Shoreland zoning standard” means a standard for ordi- nances enacted under this section that is promulgated as a rule by the department. (d) “Special zoning permission” has the meaning given in s. 59.69 (15) (g). (e) “Structure” means a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch, or fire pit. (1c) To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area. The re- quirements in this ordinance shall relate to the purposes in s. 281.31 (1). This ordinance may be enacted separately from ordi- nances enacted under s. 59.69. (1d) (a) An ordinance enacted under this section may not regulate a matter more restrictively than the matter is regulated by a shoreland zoning standard. (b) Paragraph (a) does not prohibit a county from enacting a shoreland zoning ordinance that regulates a matter that is not reg- ulated by a shoreland zoning standard. (1f) (a) A county shoreland zoning ordinance may not re- quire a person to do any of the following: 1. Establish a vegetative buffer zone on previously developed land. 2. Expand an existing vegetative buffer zone. (b) A county shoreland zoning ordinance may require a per- son to maintain a vegetative buffer zone that exists on July 14, 2015, if the ordinance also does all of the following: 1. Allows the buffer zone to contain an access and viewing corridor. A county shoreland zoning ordinance may not establish a maximum width along the shoreline for an access and viewing corridor that is less than 10 feet or 35 percent of the shoreline frontage, whichever is greater, except that the ordinance may not permit the width of an access and viewing corridor to exceed 200 feet. 2. Allows a viewing corridor to run contiguously for the en- tire maximum width established under subd. 1. (1h) If a professional land surveyor licensed under ch. 443, in measuring a setback from an ordinary high-water mark of a navi- gable water as required by an ordinance enacted under this sec- tion, relies on a map, plat, or survey that incorporates or approxi- mates the ordinary high-water mark in accordance with s. 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on September 4, 2026. Published and certified under s. 35.18. Changes effective after September 4, 2026, are designated by NOTES. (Published 9-4-26) Page 46 of 70 COUNTIES 59.69275 Updated 23-24 Wis. Stats. Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. September 4, 2026. its the placement of the proposed principal structure to an area on which the structure cannot be built. (d) A county shoreland zoning ordinance may not prohibit the construction of any of the following structures within the 75-foot setback requirement under par. (am): 1. A boathouse, as defined in s. 30.01 (1d), that is located en- tirely above the ordinary high-water mark. 2. A structure that satisfies the requirements in sub. (1v). 3. A fishing raft for which the department has issued a per- mit under s. 30.126. 4. A broadcast signal receiver, including a satellite dish, or an antenna that is no more than one meter in diameter and a satellite earth station antenna that is no more than 2 meters in diameter. 5. A utility transmission line, utility distribution line, pole, tower, water tower, pumping station, well pumphouse cover, pri- vate on-site wastewater treatment system that complies with ch. 145, and any other utility structure for which no feasible alterna- tive location outside of the setback exists and which is con- structed and placed using best management practices to infiltrate or otherwise control storm water runoff from the structure. 6. A walkway, stairway, or rail system that is necessary to provide pedestrian access to the shoreline and is no more than 60 inches in width. 7. A fence that is all of the following: a. No taller than 15 feet. b. Located no less than 2 feet landward of the ordinary high- water mark. c. Located entirely outside of a highway right-of-way, no less than 10 feet from the edge of a roadway, and no more than 40 feet from the edge of a roadway or highway right-of-way, whichever is greater. d. Generally perpendicular to the shoreline. 8. A bridge for which the department has issued a permit un- der s. 30.123. (1o) The department may not promulgate a standard and a county may not enact an ordinance under this section that pro- hibits the owner of a boathouse in the shoreland setback area that has a flat roof from using the roof as a deck if the roof has no side walls or screens or from having or installing a railing around that roof if the railing is not inconsistent with standards promulgated by the department of safety and professional services under ch. 101. (1p) This section does not authorize a county to impose a re- quirement, condition, or restriction on land that is not shoreland within the county. (1r) An ordinance enacted under this section may not prohibit the maintenance of stairs, platforms or decks that were con- structed before August 15, 1991, and that are located in any of the following shorelands: (a) The shoreland of Lake Wissota in Chippewa County. (b) The shorelands of Lake Holcombe in Chippewa and Rusk counties. (1t) A county or the department may not commence an en- forcement action against a person who owns a building or struc- ture that is in violation of a shoreland zoning standard or an ordi- nance enacted under this section if the building or structure has been in place for more than 10 years. (1v) A county shall grant special zoning permission for the construction or placement of a structure on property in a shore- land setback area if all of the following apply: (a) The part of the structure that is nearest to the water is lo- cated at least 35 feet landward from the ordinary high-water mark. (b) The total floor area of all of the structures in the shoreland setback area of the property will not exceed 200 square feet. In calculating this square footage, boathouses shall be excluded. (c) The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides. (d) The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shore- land setback area that is nearest to the water. (2) (a) Except as otherwise specified, all provisions of s. 59.69 apply to ordinances and their amendments enacted under this section whether or not enacted separately from ordinances enacted under s. 59.69, but the ordinances and amendments shall not require approval or be subject to disapproval by any town or town board. (b) If an existing town ordinance relating to shorelands is more restrictive than an ordinance later enacted under this section affecting the same shorelands, it continues as a town ordinance in all respects to the extent of the greater restrictions, but not otherwise. (bg) A town may enact a zoning ordinance affecting the same shorelands as an ordinance enacted under this section, subject to the restrictions in ss. 60.61 (3r) and 60.62 (5). (bm) If a town ordinance enacted by a town that is located en- tirely on an island in Lake Superior and authorized to exercise village powers under s. 60.22 (3) is more restrictive than an ordi- nance enacted under this section affecting the same shorelands, regardless of the order of enactment, the town ordinance applies in all respects to the extent of the greater restrictions, but not otherwise. (c) Ordinances that are enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting counties, so far as practicable. (2m) A county shoreland zoning ordinance may not regulate the construction of a structure on a substandard lot in a manner that is more restrictive than the shoreland zoning standards for substandard lots. (3) All powers granted to a county under s. 236.45 may be ex- ercised by it with respect to shorelands, but the county must have or provide a planning agency as defined in s. 236.02 (3). (4) (a) Section 66.0301 applies to this section, except that for the purposes of this section an agreement under s. 66.0301 shall be effected by ordinance. If the municipalities as defined in s. 281.31 are served by a regional planning commission under s. 66.0309, the commission may, with its consent, be empowered by the ordinance of agreement to administer each ordinance enacted hereunder throughout its enacting municipality, whether or not the area otherwise served by the commission includes all of that municipality. (b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under s. 59.694, and the procedures of that section apply. Notwithstand- ing s. 59.694 (4), the department may not appeal a decision of the county to grant or deny a variance under this section but may, upon the request of a county board of adjustment, issue an opin- ion on whether a variance should be granted or denied. (5) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 59.69 that relate to shorelands. (5m) If a county has in effect on or after July 14, 2015, a pro- vision in an ordinance that is inconsistent with sub. (1d), (1f), (1k), or (2m), the provision does not apply and may not be enforced. 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on September 4, 2026. Published and certified under s. 35.18. Changes effective after September 4, 2026, are designated by NOTES. (Published 9-4-26) Page 47 of 70 Atachments: Lee Correspondence July 17, 2026 Page 48 of 70 (Page Intentionally Left Blank) Page 49 of 70 DEPARTMENT OF PLANNING & ZONING  711 North Bridge Street, Chippewa Falls, WI 54729  Phone:715.726.7940  www.chippewacountywi.gov  Land Management Land Planning Land Records & G.I.S. POWTS & Wells CHIPPEWA COUNTY July 17, 2026 Mailing Address: Property Address: THOMAS MAZUR TOWN OF LAFAYETTE 5553 176TH STREET 5553 176TH STREET CHIPPEWA FALLS, WI 54729 22808-1113-70795001 Dear Property Owner: In March of 2025, you contacted me with questions regarding a fence you were proposing to install along the shoreline at the property identified above. I asked you to submit a site plan by email identifying the proposed location of fence. I did not receive the site plan and assumed you weren’t moving forward with the fence. On May 15, 2026, during routine inspections in the Town of Lafayette, I noticed a structure that appeared to be a swing and a fence installed within 75 feet of the ordinary high-water mark (OHWM). I stopped and knocked on the door to discuss the placement of these structures, but no one answered. While on the property, I observed the following: 1. Fence: A section of fence running northwest of the stairway, approximately parallel to the shoreline and located approximately 2 feet from the OWHM. Another section of fence running southeast of the stairway, approximately parallel to the water, located approximately 17 feet from the OHWM and connecting into the neighbor’s fence along the south/eastern property line. 2. Swing: Located approximately 25 feet from the OHWM. 3. Gate: A gate has been placed on the stairway to the water. The property is located within 1,000 feet of Lake Wissota and subject to the Chippewa County Shoreland Zoning Ordinance. Section 59.692(1n)(am) of the Wisconsin Statutes, requires all structures to meet a shoreland setback of 75 feet from the OHWM, unless it’s an exempted structure listed under s. 59.692(1n)(d). The swing and gate are not listed as exemptions, but a fence meeting the specific criteria of s. 59.692(1n)(d)7 would be. Based on my onsite, the entire fence in question does not meet the required criteria. Thus, all of these structures would need to meet the required setback. I have attached these sections for your review. I have already asked for these structures to be removed by June 19, 2026, so that you can come into compliance with the Shoreland Zoning Ordinance. Since, the deadline passed and these structures remain in place, the Department requested a meeting with Sam Renner, Chippewa County Deputy Corporation Counsel. It was determined that you have the following three (3) options: 1. Remove the swing, all sections of the fence, and the gate and place them at the required setback. 2. Submit an Administrative Appeal. You may apply for an Administrative Appeal if you believe the Department has made an error in any order, requirement, decision, or determination and enforcement of this ordinance. I have attached the application for your review. Page 50 of 70 22808-1113-70795001 5553 176th Street July 17, 2026 Page 2 3. Submit a Variance Application. You may apply for a variance as a request to deviate from the shoreland zoning regulations. Please thoroughly review this application, while paying close attention to the three- step test criteria. I have attached the application for your review. I have included section 5.01 of the Chippewa County Board of Adjustment (BOA) Rules and By-Laws, which states that an appeal from the administrator or committee must be filed within 30 days after the decision in writing is made and filed within the Department. Please accept this letter as the Department’s final decision on these structures and the 30-days will expire on August 19, 2026. If one of the three (3) options is not completed by the August 19, 2026 deadline, the Department will need to seek assistance from the Circuit Court to gain compliance. Per section 55-11(c) of the Shoreland Ordinance, each day a violation exists will be considered a separate violation of the ordinance and subject to a per day forfeiture between $100 and $500. Please contact me at (715) 726-7942 or klee@chippewacountywi.gov with any questions regarding this issue, otherwise thank you for your cooperation in resolving this matter. Sincerely, Kirsten Lee Zoning Inspector Cc: Property owner (via mailing address) Property owner (via e-mail, tmazur@charter.net) Sam Renner, Corporation Counsel (via e-mail) Jason Bergeron, Planning and Zoning Committee Chair (via e-mail) David Staber, Town of Lafayette Chair (via e-mail) File Enc. Photos of the swing, fence, and gate Wis. Stat. Excerpts Chippewa County Shoreland Ordinance Excerpts Chippewa County BOA Rules and By-Laws Variance Application Administrative Appeal Application Page 51 of 70 Page 52 of 70 Page 53 of 70 Page 54 of 70 Page 55 of 70 Page 56 of 70 (Page Intentionally Left Blank) Page 57 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 1 of 13 September, 2009 ARTICLE I. GENERAL PROVISIONS.................................................................................................. ...............................3 Sec. 1-01 Title............................................................................................................... ..........................................................3 Sec. 1-02 Authority........................................................................................................... ......................................................3 Sec. 1-03 Changes & Amendments ........................................................................................................................................3 Sec. 1-04 Office of the Board................................................................................................. ................................................3 Sec. 1-05 Definitions ..............................................................................................................................................................3 Sec. 1-06 General Powers...................................................................................................... .................................................4 Sec. 1-07 Limitations of Power ..............................................................................................................................................4 Sec. 1-08 Appeals are Specific to a Property.................................................................................. ........................................4 Sec. 1-09 Appeals are to be Determined Individually ............................................................................................................4 ARTICLE II. BOARD OF ADJUSTMENT............................................................................................... ............................5 Sec. 2-01 Members .................................................................................................................................................................5 Sec. 2-02 Appointments & Terms of Office...................................................................................... .....................................5 Sec. 2-03 Officers...................................................................................................................................................................5 Sec. 2-04 Conflicts of Interest ................................................................................................................................................6 Sec. 2-05 Ex Parte Disqualification........................................................................................... .............................................6 ARTICLE III. COUNTY DEPARTMENTS............................................................................................... ...........................6 Sec. 3-01 Planning & Zoning Department..............................................................................................................................6 Sec. 3-02 County Corporation Counsel ..................................................................................................................................6 ARTICLE IV. REGULAR MEETINGS ................................................................................................................................6 Sec. 4-01 Meetings Called..................................................................................................... .................................................6 Sec. 4-02 Quorum.............................................................................................................. .....................................................7 Sec. 4-03 Order of Business ...................................................................................................................................................7 Sec. 4-04 Continuance of Public Hearings .............................................................................................................................7 Sec. 4-05 Robert’s Rules of Order..........................................................................................................................................7 ARTICLE V. APPEAL PROCEDURES................................................................................................... ..............................8 Sec. 5-01 Limited Appeal Period............................................................................................... .............................................8 Sec. 5-02 Who May File........................................................................................................ .................................................8 Sec. 5-03 Required Forms ......................................................................................................................................................8 Sec. 5-04 Owner’s Consent ....................................................................................................................................................8 Sec. 5-05 Reasons to be Stated ...............................................................................................................................................8 Sec. 5-06 Required Fee........................................................................................................ ...................................................8 Sec. 5-07 Refusal to Hear an Appeal........................................................................................... ...........................................8 Sec. 5-08 Stays .......................................................................................................................................................................8 Sec. 5-09 Copies to Be Sent ................................................................................................... ................................................9 ARTICLE VI. PUBLIC HEARINGS .....................................................................................................................................9 Sec. 6-01 Timeframe for Hearing...........................................................................................................................................9 Sec. 6-02 Notice of Hearing ...................................................................................................................................................9 Sec. 6-03 Postponement of Hearing .......................................................................................................................................9 Sec. 6-04 Order of Public Hearings........................................................................................................................................9 Sec. 6-05 Question of Jurisdiction............................................................................................ ............................................10 Sec. 6-06 Testimony .............................................................................................................................................................10 Sec. 6-07 Parties not to Interrupt ..........................................................................................................................................10 Sec. 6-08 Questions & Debate.................................................................................................. ............................................10 Sec. 6-09 Evidence ...............................................................................................................................................................10 Sec. 6-10 Withdrawal of an Appeal............................................................................................. .........................................11 Sec. 6-11 Record of Hearing ................................................................................................................................................11 ARTICLE VII. DECISIONS OF THE BOARD........................................................................................... .......................11 Sec. 7-01 Majority Vote Required.............................................................................................. ..........................................11 Sec. 7-02 Findings of Facts ..................................................................................................................................................11 Sec. 7-03 Decisions to be Written ........................................................................................................................................11 Sec. 7-04 Decisions to be Mailed .........................................................................................................................................11 Page 58 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 2 of 13 September, 2009 Sec. 7-05 Order for Permit Valid for One (1) Year..............................................................................................................12 Sec. 7-06 Writ of Certiorari.................................................................................................. ................................................12 ARTICLE VIII. REFILING & REHEARING OF APPEALS ..........................................................................................12 Sec. 8-01 One Year Refiling Rule ........................................................................................................................................12 Sec. 8-02 Reopening & Rehearing is Limited ......................................................................................................................12 Sec. 8-03 Closure of Appeals ...............................................................................................................................................12 ARTICLE IX. RECONSIDERATION OF APPEALS .......................................................................................................13 Sec. 9-01 Board Motion........................................................................................................ ................................................13 Sec. 9-02 Party in Interest................................................................................................... ..................................................13 Sec. 9-03 Delay in the Appeal Period.......................................................................................... .........................................13 Sec. 9-04 Majority Vote Required.............................................................................................. ..........................................13 County Board Approval: On February 2nd, 1985, the Chippewa County Board of Supervisors adopted resolution number 1985-011, which were the Rules & By-Laws for the Board of Adjustment. Amendment(s): Resolution 2009-031 – Revisions to a majority of the sections of the Rules and By-Laws. Please see resolution for exact changes. (Adopted by the County Board on 09-08-2009). Page 59 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 3 of 13 September, 2009 ARTICLE I. GENERAL PROVISIONS Sec. 1-01 Title The official title of this Board is “The Chippewa County Board of Adjustm ent”. Sec. 1-02 Authority The C hippewa County Board of Adjustment is established under the authority of section 59.694 of the Wisconsin Statutes, and as from time to time amended. The Board assumes all responsibilities, duties and powers as provided within Wisconsin Law, county ordinances and these rules. These rules are supplementary to the provisions of any county ordinances as they relate to the procedures of the Board. Sec. 1-03 Changes & Amendments The C ounty Board may from time to time alter, supplement or change the provisions of these by-laws and rules in accordance with the requirements of Wisconsin State Statute 59.694(3). Sec. 1-04 Office of the Board The offi ce of the Board shall be located in the Chippewa County Planning & Zoning Department. All records of the Board shall be available for public inspection between the hours of 8:00 A.M. and 4:30 P.M. Monday through Friday, except for when the county courthouse is not open for public business. Sec. 1-05 Definitions (1) Administrator m eans the Planning & Zoning Administrator appointed by the County Administrator or an agent designated by the Planning & Zoning Administrator. (2) Agent means an individual who represents an appellant either by filing the necessary paperwork for an appeal or appears on their behalf at a required hearing in which the Board is authorized to act upon. (3) Appellant means the person entering an appeal for Board consideration. (4) Board means the Chippewa County Board of Adjustment and each and every member thereof. (5) Chair means the member actually presiding over the meeting or hearing. (6) Committee means the Planning & Zoning Committee. (7) Corporation Counsel means the attorney designated by the County Board of Supervisors to furnish legal assistance for the County Departments. (8) County Administrator means the Chippewa County Administrator as hired by the County Board. (9) County Board means the Chippewa County Board of Supervisors. (10) Department means the Chippewa County Planning & Zoning Department. (11) Meeting also means “hearing” where appropriate and shall include on-site inspections where applicable. (12) Member means a person who has been duly appointed to serve regularly in all proceedings of the Board. (13) Ordinance means any applicable ordinance adopted by the Chippewa County Board in which the Board of Adjustment is authorized to act. Page 60 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 4 of 13 September, 2009 Sec. 1-06 General Powers (1) The powers of t he Board of Adjustment are identified in 59.694(7) of the Wisconsin Statutes and in the ordinances that have been adopted by the County Board. The Board shall have the following general powers: (a) Administrative Appeals. To 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 secs. 59.69, 59.692, 87.30 or 281.31, Wisconsin Statutes, as amended, or of any ordinance. (b) Conditional Use Appeals. To hear and decide requests for conditional uses permits that are authorized and listed within the ordinances and upon which the Board is authorized to act. (c) Variances. To authorize, upon appeal in specific cases, such variance from the terms of any ordinance which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed, public welfare and safety secured and substantial justice done. A variance shall: 1. be consistent with the spirit and intent of the ordinance. 2. not permit any change in the uses in the established zoning districts. 3. not be granted unless it is demonstrated that the variance will not be contrary to the public interest or damaging to the rights of other persons or property values in the area. 4. not be granted for actions, which require an amendment to the ordinance in question. 5. not have the effect of allowing a use or structure, which is prohibited by an ordinance unless the Board determines that no feasible use of the property can be made without such variance or strict conformity with the ordinance is unnecessarily burdensome and provided that a use variance may be granted in a floodplain, shoreland-wetland or conservancy district. 6. not be granted on the basis of economic gain or loss. 7. not be granted for a self-created hardship. (2) In exercising the powers under section (1) above, the Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made and may direct the issuance or denial of a permit by the Department. Sec. 1-07 Limitations of Power Not hing herein shall be construed to give or grant to the Board, the power or authority to alter or change the ordinances or zoning districts or other official maps of the county, which authority is reserved to the County Board. Sec. 1-08 Appeals are Specific to a Property The deci sion of the Board shall be deemed as applying to the property rather than to the individual and is valid only for the specific premises in the appeal and is not transferable to other properties. Sec. 1-09 Appeals are to be Determined Individually No action of the Board shall set a binding precedent. Each appeal shall be decided upon its m erits and upon the attendant circumstances, provided the Board shall not act arbitrarily or capriciously. Page 61 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 5 of 13 September, 2009 ARTICLE II. BOARD OF ADJUSTMENT Sec. 2-01 Members (1) Members. The B oard shall consist of five (5) voting members and two (2) alternate members for a total of seven (7) members. The members shall all reside within the county and outside the limits of incorporated cities or villages; provided, however, that no two (2) members shall reside in the same town. (2) Alternate Members. Alternate members may participate in the discussion during a meeting, but are limited to voting as follows: (a) The first alternate shall act, with full power only when a voting member of the board refuses to vote because of a conflict of interest or when a voting member is absent. (b) The second alternate shall act, with full power, only when the first alternate refuses to vote because of a conflict of interest or if more than one voting member of the board refuses to vote because of a conflict of interest or is absent. Sec. 2-02 Appointments & Terms of Office (1) Appoi ntment. All members of the Board shall be appointed by the County Administrator with County Board approval. Vacancies to unexpired terms shall be appointed in the like manner and shall be for the term remaining, unless otherwise approved. Alternates shall be appointed to an alternating schedule between first alternate and second alternate. (2) Terms of Office. Beginning on September 8th, 2009, the terms of the voting and alternate members shall be staggered as follows: (a) Three (3) voting members and one (1) alternate member shall be appointed for three (3) year terms. Successors shall be appointed in a like manner at the expiration of each term. (b) Two (2) voting members and one (1) alternate member shall be appointed to two (2) year terms. Successors shall be appointed to a three (3) year term at the expiration of the initial two (2) year term. Sec. 2-03 Officers (1) El ection. The Board shall elect a Chair and Vice-chair from amongst its members. These officers shall hold the position until their successors are elected. The Board may, at any meeting or hearing, elect from among the members the replacement for an officer, who dies or for any other reason is unable to perform the duties of their office. The officer, so elected as a replacement, shall serve until their term is up or until a successor is elected. (2) Chair Duties. The Chair shall: (a) Preside over and direct the conduct of all meetings and hearings of the Board. (b) Administer oaths. In the absence of both the Chair and the Vice-chair, the present members shall appoint a Chair to preside over that particular meeting. (c) Report on all official transactions that have not otherwise come to the attention of the Board. (d) Direct the official business of the Board, subject to these rules and further instructions from the Board. (e) Supervise the work of the Board and request necessary help when required. (f) The presiding officer Decide all points of procedure or order, unless otherwise directed by a majority of the members in attendance on motion duly made and approved. Page 62 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 6 of 13 September, 2009 (3) Vice-Chair Duties. Assumes the Chair duties in the absence of the Chair. (4) Presiding Officer Duties. Assumes the Chair duties in the absence of the Chair and Vice-Chair. Sec. 2-04 Conflicts of Interest Any member who has any direct or indirect interest, personal or financial, in an appeal before the Board shall not vote thereon or participate in the deliberation of such appeal at any meeting or hearing which it is under consideration. A disqualifying conflict of interest shall be deemed to exist when the member: (1) is the appellant; or (2) is the spouse of the appellant; or (3) is related to the appellant within the third degree of consanguinity, or is the husband or wife of someone so related; or (4) is the employer, employee or partner of the appellant; or (5) is a major shareholder in a corporation for which the appeal is being considered; or (6) has a major financial interest in the appeal; or (7) owns property within 300 feet of the property which is the subject of theappeal. Sec. 2-05 Ex Parte Disqualification M embers may disqualify themselves from participating in any appeal whenever the appellant has sought to influence the vote of the member on that matter outside of the public hearing. ARTICLE III. COUNTY DEPARTMENTS Sec. 3-01 Planning & Zoning Department The Departm ent shall record and maintain permanent minutes of the Board's proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact; shall keep records of its official actions; shall summarize accurately the testimony of those appearing before the Board and keep a verbatim recording of all hearings; shall record the names and addresses of all persons appearing before the Board in person or by an agent; and shall, subject to the Board and Chair, conduct the correspondence of the Board and have published in a local newspaper, public notices of meetings or hearings as required by law and these rules of procedure; shall file said minutes and records in the office of the Board, which minutes and records shall be a public record; and shall be the custodian of the files of the Board and keep all records. Sec. 3-02 County Corporation Counsel The C ounty Corporation Counsel may act as legal counsel for the Board. Under circumstances in which a conflict of interest exists between the County Corporation Counsel and the Board, the County Administrator may, in his sole discretion, retain independent legal counsel for the Board. Notwithstanding the foregoing, the Board may retain independent legal counsel of its choice at its own expense. ARTICLE IV. REGULAR MEETINGS Sec. 4-01 Meetings Called M eetings of the Board shall be held or cancelled at the call of the Chair and at such other time as the Board may determine, provided that all members are given at least 48 hours prior to such meeting. All meetings shall be open to the public and in accordance with the Wisconsin Open Meeting Law. Page 63 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 7 of 13 September, 2009 Sec. 4-02 Quorum A quorum shall consist of a majority of voting members, i.e. 3 members present and voting. No action may be taken except by a majority vote of such quorum except a lesser number may meet and adjourn any meeting duly called and noticed to a date, time and place certain. Sec. 4-03 Order of Business (1) The Departm ent, with Chair approval, shall prepare an agenda for each Board meeting listing the matters of business in the general following order: (a) Call to order and roll call. (b) Statement by the presiding officer concerning notice in accordance with the Wisconsin Open Meeting Law. (c) Approval of the Agenda as posted. (d) Site inspections, if warranted. (e) Public Wishing to be Heard (f) Unfinished business. (g) New business. (h) Approval of the previous meeting minutes. (i) Public Hearings. (j) Deliberations and decisions on appeals to the Board. (k) Communications and miscellaneous. (l) Other business that may come before the Board as permitted by law. (m) Closed Session (n) Adjournment. (2) The order of business under (1)(a) – (n) may be varied at any meeting or hearing upon consent of the members present. Sec. 4-04 Continuance of Public Hearings W hen all appeals cannot be properly heard, the Board may adjourn to a date, time and place certain and such adjourned day shall be construed as a continuance of the hearing. Notice of such adjournment shall be given to the absent members of the Board. Please see section 6-02(2). Sec. 4-05 Robert’s Rules of Order R obert's Rules of Order shall govern actions of the Board and conduct of its meetings if not covered by these rules and regulations or ordinances. Page 64 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 8 of 13 September, 2009 ARTICLE V. APPEAL PROCEDURES Sec. 5-01 Limited Appeal Period Appeal s from a decision of the Administrator or Committee must be filed within 30 days after the decision in writing is made and filed within the Department. Sec. 5-02 Who May File Appeals shall be accepted from any person aggrieved, or agent thereof, or from any officer, department, board or bureau of the municipality affected, or agent thereof. An aggrieved person may be any person or legal entity, including a corporation or partnership, holding an interest in the property involved in the action, including a potential purchaser who has made an offer to purchase or a purchaser under a land contract or a tenant for one year or more. Neighbors and residents or other property owners near the property involved may also appeal on a showing of injury to themselves or to the use and enjoyments of property they own or occupy. The Board may dismiss appeals in which persons do not have standing as described herein. Sec. 5-03 Required Forms Appeal s shall be made on forms provided by the Administrator. Any communication, except on prescribed forms, purporting to be an appeal shall be deemed a mere notice of intention to file and shall not be deemed a filing to comply with requirements of timely filing. An appeal will not be placed on the Board’s agenda unless all requested information, including all required forms and all applicable fees, are filed in the Department by the appropriate deadline. Sec. 5-04 Owner’s Consent The form shall bear the signature of the owner of the property affected or the signature of their agent which shall be accompanied by a letter from the owner acknowledging the filing of the appeal by the agent. Sec. 5-05 Reasons to be Stated The reason for t he appeal must be stated and the reasons why the request should be granted must also be stated by the appellant: (1) Variance. If a variance is requested, facts should be stated upon which findings may be made by the Board to justify the granting of the variance. See 1-05(3). (2) Administrative Appeal. If an appeal is based upon a disputed interpretation of the ordinance, the specific section of the ordinance in question must be identified, along with the appellant’s interpretation and supporting rationale. If an appeal is based upon an alleged error or abuse of discretion of the Administrator or Committee, facts should be stated as to the nature thereof. Sec. 5-06 Required Fee The appellant shall pay such fees as established by the County Board, which am ount shall be paid to the Department for each appeal filed before a public hearing will be scheduled. Sec. 5-07 Refusal to Hear an Appeal The B oard may refuse to hear a case upon the failure of the appellant to supply the required fees or information called for on the appeal form and as further reasonably required by the Administrator or Board. Sec. 5-08 Stays An appeal to the Board shall stay all enforcem ent actions appealed from, unless the Administrator shall certify to the Board, after the notice of appeal has been filed with the Department, that by reason of facts stated in an affidavit, a stay would cause Page 65 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 9 of 13 September, 2009 imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a court order granted by a court of law. Sec. 5-09 Copies to Be Sent The ori ginal paperwork shall be kept within the Department. The Administrator shall promptly transmit copies of the appeal as follows: (1) All Board members, one (1) copy each; (2) Town Chair and Clerk, one (1) copy each; (3) In the case of appeals affecting property in the shoreland or floodplain districts, one (1) copy shall be sent to the Wisconsin Department of Natural Resources West Central District Office. (4) In case of appeals affecting property in an exclusive agricultural district, one (1) copy shall be sent to the Wisconsin Department of Agricultural, Trade and Consumer Protection. ARTICLE VI. PUBLIC HEARINGS Sec. 6-01 Timeframe for Hearing The Board shall consider each appeal at its next regularly scheduled m eeting, provided there is sufficient time between the date of the appeal and the date of the meeting for the required hearing notices to be published. Sec. 6-02 Notice of Hearing (1) Dep artment Duties. The Department shall give, or cause to be given, notice of each hearing as required by law and these rules. This shall include at least the following: (a) Publication of a Class 2 hearing notice in a newspaper of general circulation; (b) Mailing a notice of the hearing to the appellant, where required and to the district office of the Department of Natural Resources West Central District at least 10 days before the hearing; (c) Mailing a notice of the hearing to the town chair or clerk of the town in which the property is located, not less than 10 days before the date of the hearing. (d) Mailing a notice to all property owners within 300 feet of the perimeter of the property affected. (2) Table or Postponed Hearings. A Board motion to table or postpone an appeal to a date, time and place certain, which is made at the required public hearing date for such appeal shall be adequate notice to the members and the public and shall not be subject to the requirements of (1) above. Sec. 6-03 Postponement of Hearing Appeal s may be postponed only by prior arrangement with the Department in conjunction with the Chair. Please see section 6-02(2) for publication requirements. Sec. 6-04 Order of Public Hearings Hearin gs on appeals will generally follow this order: (1) Reading of the appeal and the reason for denial by the Administrator. (2) Determination of jurisdiction when requested. Page 66 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 10 of 13 September, 2009 (3) Appellant presents evidence. (4) Others in support of appellant present evidence. (5) Objectors present evidence. (6) Questions by Board members, interested parties and Administrator. (7) Administrator recommendation. (8) Rebuttals as permitted by the Board. (9) Close hearing. (10) General discussion and further questions as allowed by the Board. (11) Decision on appeal. Sec. 6-05 Question of Jurisdiction Fol lowing the reading of the appeal, the Board may hear arguments on the question of jurisdiction and request that briefs be filed on the point. The Board may proceed with the hearing and the taking of testimony in any event and reserve its determination on a jurisdictional question until after the hearing is closed and render a decision on the merits as if it had jurisdiction. The Board may make an immediate determination and close the hearing upon a finding that it lacks jurisdiction. If the Board determines by motion that it lacks jurisdiction, the Department shall record the decision as a vote to deny the request. Sec. 6-06 Testimony (1) Oath. At the discretion of the Chair, testimony may be taken under oath. The individual addressing the Board shall state their name and current mailing address for the record. (2) Appellant. At the time of the hearing, the appellant may appear on their own behalf or be represented by their agent. (3) Witnesses. The Chair may call for the attendance of witnesses. (4) Interested Persons. Persons having an interest in the appeal may attend the hearing and may request an opportunity to testify. Sec. 6-07 Parties not to Interrupt Orderly procedure requires that each side shall proceed without interruption by the other; that all questions, argum ents and pleadings shall be addressed directly to the Board. There shall be no questioning or arguments between individuals. Sec. 6-08 Questions & Debate Duri ng the hearing, the Board and the Administrator may ask questions and make appropriate comments pertinent to the appeal; however, no member should debate or argue an issue with the appellant. The Chair or Board may direct any question to the appellant or to any person speaking in order to bring out all relevant facts, circumstances and conditions affecting the case and may call for questions from the Administrator. Sec. 6-09 Evidence (1) Rules. The B oard shall not be bound by court rules of evidence, but it may exclude irrelevant, immaterial, incompetent, unduly argumentative or repetitious testimony or evidence. The Chair shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the Board present. Page 67 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 11 of 13 September, 2009 (2) Presentation. All supporting evidence for and against each appeal shall be presented to the assembled Board. The appellant shall be responsible for the presentation of all information supporting their case. The Board may take administrative notice of the ordinances of the County and laws of the State of Wisconsin and of other relevant facts not reasonably subject to dispute on its own motion or motion of a party. (3) Additional Evidence. The Board may take an appeal under advisement for later consideration and determination, or may defer action whenever it concludes that additional evidence is needed or further study is required. Sec. 6-10 Withdrawal of an Appeal An appel lant may withdraw an appeal at any time prior to the decision, but a pending motion to grant or dismiss the appeal shall have precedence over a withdrawal. The withdrawal of the appeal shall not entitle the appellant to a refund of the required filing fee and shall be subject to new filing fees if the appellant submits a new appeal. Sec. 6-11 Record of Hearing All proceedings at a public hearing shall be recorded in an electronic or digital form at. The Department shall prepare a summary of motions, witnesses, appearances, roll call, votes and all other matters constituting the substance of the proceedings which shall become part of the record filed in the office of the Board and open to the public. Transcripts of recorded proceedings shall not be prepared unless ordered by the circuit court by a writ of certiorari. Any party or member of the public may request a copy of the record of the proceedings. ARTICLE VII. DECISIONS OF THE BOARD Sec. 7-01 Majority Vote Required The concurri ng vote of a majority of all voting members, i.e. 3 members present and voting, shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, to decide in favor of the appellant on any matter upon which it is required to pass under any ordinance or to grant any variance. Sec. 7-02 Findings of Facts (1) Variance. The B oard shall make findings of facts supporting its actions and/or decisions when granting or denying a variance. In every case where a variance from the ordinance is granted by the Board, the minutes of the Board shall affirmatively explain why, in the Board’s belief, an unnecessary hardship exists, why it is unnecessarily burdensome for the appellant to follow the ordinance provisions, what type of physical limitations the property has and that no harm to the public interest will occur as a result of the granting of the variance. The record of the Board shall clearly show in what particular and specific respects an unnecessary hardship exists. (2) Administrative Appeals. The Board shall make findings of facts supporting it actions and/or decisions when making a decision on an administrative appeal. In each appeal the minutes of the Board shall affirmatively show why, in their belief, what the interpretation of the ordinance provision is and that the appellant, staff or committee has misinterpreted the provision. (3) Conditional Use Permits. In each appeal, in which a conditional use permit for the zoning regulations is granted and/or denied by the Board, the record shall explain the reasoning behind such decision as well as provide for any type of conditions to be placed on the permit itself. Sec. 7-03 Decisions to be Written Al l decisions shall be in writing and contain the facts upon which the decision is based. The final decision shall be presented at the next Board meeting for approval. Sec. 7-04 Decisions to be Mailed (1) Appel lants. Within 45 days of the close of the hearing to which the decision relates, written copies of such decision shall be mailed to the appellant and all interested parties by the Department. The approval or granting of appeals by the Page 68 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 12 of 13 September, 2009 Board is deemed to constitute an order to the Administrator to issue the required permits. A denial of the appeal by the Board is deemed to be an order to deny the permit. (2) State Agencies. (a) Wisconsin DNR. Copies of written decisions authorizing conditional uses or variances in floodplain or shoreland districts shall be mailed to the Wisconsin Department of Natural Resources West Central District. (b) Wisconsin DATCP. Copies of written decisions authorizing conditional uses or variances in exclusive agricultural districts shall be mailed to the Wisconsin Department of Agricultural, Trade and Consumer Protection. Sec. 7-05 Order for Permit Valid for One (1) Year An order i ssued by the Board requiring the Administrator to issue a permit shall become void after one (1) year unless the appellant has filed an application for such permit with the Department within such time and the permit has been issued. The time limit may be extended when so specified by the Board in the original motion. Sec. 7-06 Writ of Certiorari Any person or persons jointly or severally aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the County may commence an action in the circuit court for writ of certiorari to review the legality of such decision in whole or in part, within thirty (30) days after the filing of the decision in the office of the Department. ARTICLE VIII. REFILING & REHEARING OF APPEALS Sec. 8-01 One Year Refiling Rule An appeal , that the Board has acted upon, shall not be considered again within one (1) year from the date of action concerning the same property, except as hereinafter provided: (1) The appeal does not involve a request for an identical permit or does not allege the same misinterpretation or error, point of non-coverage or hardship as the previous appeal, or when (2) The appeal does not contain the original request for the same variance, or (3) When substantial change in the use of adjacent property has occurred since the previous appeal was heard, or (4) If the previous appeal was closed without a hearing because the appellant was not present at the time the appeal was scheduled for a public hearing. Sec. 8-02 Reopening & Rehearing is Limited The Board m ay not: (1) Reopen any appeal upon which a previous hearing has been held, except to correct a material error; but it may reconsider an appeal as provided by these rules; (2) Hear or rehear any appeal to determine the location of any district boundary line where the Board has previously determined the location of such boundary line, unless new evidence is submitted. Sec. 8-03 Closure of Appeals An appeal will be considered as heard and closed at such time as the Board approves or rejects an appeal by motion or when it is considered closed by operation of these rules. Page 69 of 70 Chippewa County Board of Adjustment – Rules & By-Laws Page 13 of 13 September, 2009 ARTICLE IX. RECONSIDERATION OF APPEALS Sec. 9-01 Board Motion A deci sion of the Board may be reconsidered: (1) By a “Motion to Reconsider” made at the same meeting which may be immediately disposed of without further notice, or (2) By a “Motion to Reconsider” made no later than the following regular meeting, in which event, the matter shall be placed on the calendar for a subsequent hearing and a new notice given without additional fee. Sec. 9-02 Party in Interest The Board m ay entertain a request for reconsideration by a party in interest provided the request is in writing and new written evidence is submitted with the request. A request for reconsideration must be filed with the Department within 15 days after the Board has made a decision on the request. On receipt of a properly filed request to reconsider, the Department shall place the matter on the Board agenda under "Other Business" for consideration at the next regular meeting. A new notice shall be provided by the Department, which is paid for by requestor. Sec. 9-03 Delay in the Appeal Period The fi ling of a request or adoption of a motion for reconsideration shall stop the running of the 30-day period in which a petition to the circuit court must be made. The 30-day period will run in such event from the date a decision not to reconsider is made by the Board, or if the matter is reconsidered, from the date the decision on the reconsidered matter is filed in the Department. Sec. 9-04 Majority Vote Required. A sim ple majority vote shall be sufficient to reconsider a previous decision. If reconsideration is refused to an interested party who has requested reconsideration, the Board shall enter on the minutes the basis of the request, the reason why it was refused and the vote of the Board members thereon. If reconsideration is approved, the case will be placed on the agenda for the next regular meeting and notice given of the re-hearing as required for an original hearing upon payment of the re- hearing fee. Page 70 of 70