Resource Planning Committee Agenda Packet (PDF)

Notice in compliance with the Americans with Disabilities Act: 1) Any person needing assistance to participate in this meeting should contact the Office of the County Clerk at (920) 746-2200. Notification 72 hours prior to a meeting will enable the County to make reasonable arrangements to ensure accessibility to this meeting. 2) Door County is committed to making its electronic and information technology (e.g., website and contents) accessible for all persons. If you encounter difficulty accessing the posted materials for this meeting, located on-line at https://www.co.door.wi.gov/AgendaCenter under the committee name, or have trouble accessing the virtual meeting, please call (920) 746-2323, or send a FAX to (920) 746-2387, or send an e-mail to Lriemer@co.door.wi.gov so that we may determine how to best assist you. AGENDA 1. Call business meeting to order. 2. Establish a quorum: roll call. 3. Election of Chair 4. Election of Vice Chair 5. Adopt agenda/properly noticed. 6. Approve minutes for April 16, 2026, meeting. 7. Correspondence. 8. Public comment: Information may be received from members of the public, except information related to a pending hearing (e.g., zoning amendment or conditional use permit). Extensive discussion and all action must be deferred until and unless specific notice of the subject matter is included on the agenda. 9. New Business: a. Overview of the Land Use Services Department and the role of the Committee; review of educational/resource and other materials available on department website: https://www.co.door.wi.gov/164/Land-Use-Services. b. Data Center Moratorium c. Shipping Containers as Accessory Structures proposed text 10. Matters to be placed on a future agenda or referred to a committee, official, or employee. 11. Next meeting dates: • May 21, 2026: ? • June 4, 2026: ? • June 18, 2026: ? • July 2, 2026: No meeting 12. Adjourn. Deviation from order shown may occur. Notice of Public Meeting Thursday, May 7, 2026 Business meeting at approx. 3:00 p.m. DOOR COUNTY RESOURCE PLANNING COMMITTEE Door County Government Center Chambers Room (C102, 1st floor) 421 Nebraska Street Sturgeon Bay, WI 54235 Oversight for Land Use Services Department Anyone wishing to speak must attend in person. Members of the public who wish to simply monitor/observe the meeting may attend in person or do so remotely by using the link below, or via the Zoom smartphone app, or by calling (312) 626- 6799. Link: https://us02web.zoom.us/j/8322512532 9?pwd=c1w4OsNuLTVvKYthBRaJfb64 TrWWtd.1 Webinar ID: 832 2512 5329 Passcode: 199666 Zoom Webinar ID: 894 1468 1074 Passcode: 113675 1 1 These minutes have not been reviewed by the oversight committee and are subject to approval or revision at the next regular committee meeting. MINUTES OF MEETING DOOR COUNTY RESOURCE PLANNING COMMITTEE April 16, 2026 1. Call business meeting to order. Chair Zettel called a business meeting to order at 3:19 p.m. in the Door County Government Center Chambers Room (C102, 1st floor), 421 Nebraska Street, Sturgeon Bay, Wisconsin. 2. Establish a quorum: roll call. Present: RPC Members Staff Hugh Zettel Karyn Behling Ken Fisher Tess Trybull Bob Bultman Tara McKeefry Claire Morkin David Enigl 3. Adopt agenda/properly noticed. After confirmation of proper notice and posting procedures, there was a motion by Enigl, seconded by Bultman, to adopt the agenda as presented. Motion carried unanimously. 4. Approve minutes for April 2, 2026 meeting. Motion by Morkin, seconded by Bultman, to approve the minutes as presented. Motion carried unanimously. 5. Correspondence. Behling handed out a resolution submitted to the LUSD from the Town of Clay Banks. No motion was made. 6. Public comment: Information may be received from members of the public, except information related to a pending hearing (e.g., zoning amendment or conditional use permit). Extensive discussion and all action must be deferred until and unless specific notice of the subject matter is included on the agenda. None 7. Zoning hearing: Liberty Grove; Ella Baltus, on behalf of OHCE LLC; conditional use permit to establish a “Bulk Storage of Fuel Products” land use within parcel number 018-01- 02312824A2 off of CTH ZZ; Light Industrial (LI). Motion by Fisher, seconded by Bultman, that: 1. The applicant has demonstrated by substantial evidence that the application and all conditions and requirements relating to the proposed conditional use are or will be satisfied. 2. There was no substantial evidence to support the opposite conclusion. 3. A conditional use permit valid for twelve months is hereby granted, subject to the following conditions and requirements: 2 MINUTES OF MEETING RESOURCE PLANNING COMMITTEE April 16, 2026 2 a) The project(s) shall comply with all applicable local, state, and federal building codes and ordinances, including obtaining all required approvals and permits prior to beginning construction. b) Any outdoor lighting erected in conjunction with this use shall utilize fixtures whose lens, hood, or combination thereof allow no direct beams to be seen from off the property or cast skyward, and the lighting elements of which shall not be visible from adjacent properties. c) The entire project shall be completed by April 13, 2028. Motion carried unanimously. 8. Matters to be placed on a future agenda or referred to a committee, official, or employee. Data center moratorium and shipping container text amendment. Enigl advised the department to look into Battery Energy Storage Systems and to include such projects in the proposed moratorium. 9. Next meeting dates: • May 7, 2026: Business meeting • May 21, 2026: ? • June 4, 2026: ? • June 18, 2026: ? There will be no hearing(s) on May 21st; RPC will make decision on May 7th if the meeting on May 21st is cancelled. Meeting schedule discussed as noted. 10. Adjourn. Motion by Bultman, seconded by Enigl, to adjourn. Motion carried unanimously. Meeting adjourned at 3:34 p.m. Reported by, Karyn Behling Land Use Services Director Tara McKeefry Code Administrator 3 Resource Planning Committee Rules of Procedure 4 5 6 7 Chapter 11 - Procedures of the Door County Comprehensive Zoning Ordinance 8 PROCEDURES 11.01(1) Door County Comprehensive Zoning Ordinance 11-1 Note: Ordinance 2018-07 (27 March 2018) significantly revised most of Section 11.04, per 2017 Wisconsin Act 67. CHAPTER 11 PROCEDURES 11.01 Regular zoning permits. 11.02 Sign permits. 11.03 Impervious surface authorization permits. (Site Plan Review Permits Deleted: 27 May 2008; Ord. 2008-04) 11.04 Conditional use permits. 11.05 Certificate of compliance. 11.06 Variance from the requirements of this Ordinance. 11.07 Appeals. (Added: 20 Sept. 2016; Ord. 2016-14) 11.08 Amendments. 11.09 Public Hearings. 11.01 Regular zoning permits. (1) Applicability. Unless specifically exempted below or elsewhere in this Ordinance, regular zoning permits, certifying that any use, structure, or site complies with the provisions of this Ordinance, shall be required in the following instances: (a) Construction, reconstruction, location, relocation, erection, extension, enlargement, conversion, or structural alteration of any building, structure, or part thereof, except: 1. Signs. Commentary: However, many types of signs require a sign permit. Refer to s. 8.09, Permits. (Amended: 29 October 2019; Ord. 2019-13) 2. Structures which are less than six inches in heig ht above preconstruction grade elevation. 3. Stoops which are 25 square feet or less in area. (Amended: 20 Sept. 2016; Ord. 2016-14) 4. Stairways which extend less than 6 feet away from a building and which do not exceed 5 feet in width. (Amended: 20 Sept. 2016; Ord. 2016 -14) (Amended: 25 June 1996; Ord. 16-96) 9 PROCEDURES 11.04(2) Door County Comprehensive Zoning Ordinance 11-7 (6) Termination. If the impervious surfaces or storm water runoff control system authorized do not comply with the issued impervious surface authorization permit or this Ordinance, the permit shall be terminated by the Zoning Administrator. 11.04 Conditional use permits. (1) Applicability. A conditional use permit shall be required for the establishment of each use permitted as a conditional use and for an addition to, or the expansion or intensification of, a nonconforming use. Expansion of a use permitted as a conditional use shall also r equire a conditional use permit, except that the minor expansion of a building housing a use permitted as a conditional use which would not increase the scale or intensity of that use shall only require a regular zoning permit. (2) Application. (a) An application for a conditional use permit shall be submitted to the Zoning Administrator upon forms furnishe d by the Door County Land Use Services Department. The application shall contain facts and information, other than merely personal preferences or speculation, directly pertaining to the conditions and requirements relating to the conditional use, including the following: 1. All the facts and information required for a regular zoning permit listed in s. 11.01(2)(a), and a completed conditional use permit form addendum. (Amended: 30 September 1997; Ord. 29-97) 2. Upon written request by the Zoning Administrator, such additional facts and information as may be reasonably deemed necessary by the Zoning Administrator in order that the Resource Planning Committee can determine whether or not the ap plication and all requirements and conditions the applicant must meet to obtain a conditional use permit are or will be satisfied. The written request shall contain an explanation of why the additional information is deemed necessary. 3. Water supply and sewage disposal. Where the proposed use involves human occupancy, satisfactory evidence that a safe and adequate supply of water and approved sewage disposal facilities will be provided, in accordance with the requirements of the Door County Sanitary Or dinance, shall be submitted. (b) Fee. All conditional use permit applications shall be accompanied by a fee established by the County Board of Supervisors. (c) No application shall be accepted by the Zoning Administrator until complete as judged by t he Zoning Administrator and until all fees established by Door County have been paid in full. The applicant bears the burden of ensuring and demonstrating that an application is complete. 10 PROCEDURES 11.04(5) Door County Comprehensive Zoning Ordinance 11-8 (3) Public hearing. A public hearing shall be held by the Resou rce Planning Committee after a public notice has been given as provided in s. 11.09(1), notice for public hearings. At the public hearing, any party may appear in person or by agent or attorney. The applicant has the burden of proof and must demonstrate t hat the application and all requirements and conditions established by the county relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. (4) Determination. Following review and public hearing, the Resource Planning Committee shall render a decision in writing. (a) If the application is approved, such decision shall include an accurate and complete description of the use as permitted, including all the conditions and requirements attached thereto. (b) If the application is denied, the rea sons for denial shall be stated in the decision. (5) Basis of approval or denial. (a) The Resource Planning Committee shall review each conditional use permit application for compliance with all requirem ents applicable to that specific use and to all other relevant provisions of this Ordinance. The Committee’s decision to approve or deny the conditional use permit must be supported by substantial evidence. (b) To aid in the review of and decision -making regarding the proposed conditional use project, the Resource Planning Committee shall evaluate the following specific criteria as applicable, but shall not be limited thereto: (Amended: 30 September 1997; Ord. 29-97) 1. Whether the proposed project will adversely affect property values in the area. 2. Whether the proposed use is similar to other uses in the area. 3. Whether the proposed project is consistent with the Door County Comprehensive and Farmland Preservation Plan or any officially adopted town plan. (Amended: 17 April 2012; Ord. No. 2012-14) (Amended: 20 Sept. 2016; Ord. 2016-14) 4. Provision of an approved sanitary waste disposal system. 5. Provision for a potable water supply. 11 PROCEDURES 11.04(5) Door County Comprehensive Zoning Ordinance 11-9 6. Provisions for solid waste disposal. 7. Whether the proposed use creates noise, odor, or dust. 8. Provision of safe vehicular and pedestrian access. 9. Whether the proposed project adversely impacts neighborhood traffic flow and congestion. 10. Adequacy of emergency services and their ability to service the site. 11. Provision for proper surface water drainage. 12. Whether proposed buildings contribute to visual harmony with existing buildings in the neighborhood, particularly as related to scale and design. 13. Whether the proposed project creates excessive exterior lighting glare or spillover onto neighboring properties. 14. Whether the proposed project leads to a major change in the natural character of the area through the removal of natural vegetation or altering of the topography. 15. Whether, and in what amount and form, financial assurance is necessary to meet the objectives of this ordinance. 16. Whether, and to what extent, site-specific conditions should be imposed to mitigate potentially problematic impacts of the use. 17. The impact of the proposed project on public health, public safety, or the general welfare of the County. The foregoing criteria are deemed reasonable and, to the extent practicable, measurable. (c) An applicant’s failure to demonstrate, by substantial ev idence, that the application and all applicable requirements in this Ordinance and conditions established by the county relating to the conditional use are or will be satisfied shall be grounds to deny the conditional use permit. At all times the burden of proof to demonstrate satisfaction of these criteria remains with the applicant. (d) In the Exclusive Agricultural district, no conditional use permit shall be granted unless the proposed use is consistent with agricultural use and is found to be necessary in light of the alternative locations available for such use. (Added: 28 March 2000; Ord. No. 05-00) 12 PROCEDURES 11.04(9) Door County Comprehensive Zoning Ordinance 11-10 (6) Conditions and requirements. The Resource Planning Committee may, in approving an application for a conditional use permit, impose such conditions and requirements that it determines are required to prevent or minimize adverse effects from the proposed use or development on other properties in the neighborhood and on the general health, safety, and welfare of the county. (a) Any conditions or requirements imposed must be: 1. reasonable. 2. measurable, to the extent practical; 3. consistent with this ordinance’s general purpose and intent; and 4. based on substantial evidence. (b) The applicant must demonstrate, by substantial evidence, that all condtions or requirements imposed will be met. (7) Expiration, Duration, Transfer. (a) Expiration. All conditional use permits shall expire 12 months from the date of authorizati on by the Resource Planning Committee where the Resource Planning Committee determines that no action has commenced to establish the authorized use. (Amended: 01 November 1999; Ord. 22-99) (b) Duration. A conditional use permit will generally remain in effect as long as the conditions and requirements upon which the permit was issued are followed. The Resource Planning Committee may, at its discretion, grant a limited term conditional use permit if a reasonable basis exists for such limitation. Any limited term conditional use permit may be subject to renewal after a re -evaluation of the use via a hearing before the Resource Planning Committee. (c) Transfer. Subsequent owner s of the property are generally allowed to continue the use, subject to conditions and requirements imposed on the original conditional use permit. An affidavit may be required to be recorded with the deed to provide successors in interest notice of the co nditional use permit and conditions and requirements. (Amended: 22 Feb. 2022; Ord. No. 2022-03) (8) Project Completion. All conditional uses authorized by the Resource Planning Committee shall be given a specific amount of time within which the project must be completed. The time limit may be negotiated between the project applicant and the Resource Planning Committee. If the applicant fails to complete the approved project within the designated time period, the permit expires and the applicant must seek a new conditional use permit authorizing the remainder of the project. (Added: 01 November 1999; Ord. 22-99) (9) Notification. (a) (Deleted: 25 June 2013; Ord. 2013-11) 13 PROCEDURES 11.06(1) Door County Comprehensive Zoning Ordinance 11-11 (b) Pursuant to NR 115.05(4)(h), Wis. Admin. Code, a copy of any condition al use decision which affects shorelands shall be provided to the district office of the Department of Natural Resources within 10 days of the date such decision is rendered. (Amended: 27 May 2014; Ord. 2014-10) (10) Revocation and Termination. (a) Revocation. A conditional use permit may be revoked by the Resource Planning Committee after a hearing, if it is determined that the requirements and conditions upon which the permit was issued have not been followed. Revocation of a conditional use permit is not considered a taking without just compensation because a conditional use permit is a type of zoning designation and not a property right. (b) Termination. If an established use listed as a conditional use in 2.05(3) ceases for a period of more than 18 months, any future activity shall require a new permit. If requested by the Zoning Administrator, the Resource Planning Committee shall make a d etermination as to whether or not the use is to be considered ceased. (Amended: 01 November 1999; Ord. 22-99) (11) Resubmission. A conditional use permit application that has been heard and decided shall not be eligible to be resubmitted d uring the 6 months following the decision. The 6 month period may be waived by the Resource Planning Committee, provided that the applicant submits a written report identifying how the new application differs materially from the previous application or id entifying substantial new evidence that will be offered, and provided that the Resource Planning Committee votes, by simple majority, that the changes or new evidence would be of such significance that the Committee might consider changing the previous decision. 11.05 Certificate of compliance. No land shall be occupied or used and no building or structure hereafter erected, altered or moved shall be occupied until a certificate of compliance is issued by the Zoning Administrator documenting that the use , building or structure conforms with the provisions of this Ordinance. 11.06 Variance from the requirements of this Ordinance. (1) Petition. A petition for a variance shall be filed by the property owner, or the owner's agent, using forms furnished by the Door County Land Use Services Department. Such petition shall include the following: (a) Name and address of the property owner and petitioner (if different). (b) Signature of petitioner. (c) Location of property involved in the petition. (d) Proposed use or structure in question, including a site plan showing the 14 PROCEDURES 11.08(1) Door County Comprehensive Zoning Ordinance 11-15 forthwith transmit to the Board of Adjustment the appeal, the conditional use permit application in question, and any supplementary materials developed by Land Use Services Department staff regarding the conditional use permit application. (Amended: 24 March 2015; Ord. 2015-02) (d) Public hearing. (Amended: 24 March 2015; Ord. 2015-02) (Amended: 29 October 2019; Ord. 2019-13) 1. The Board of Adjustment shall hold a public hearing in accordance with §59.694, Wis. Stats., and this Ordinance. 2. The Board of Adjustment shall, after receipt of a completed and executed petition for appeal and payment of the associated fee, fix a reasonable time for the hearing of the appeal. 3. In the case of an appeal of the issuance or denial of a sign permit, the hearing of the appeal will be held within sixty (60) days of receipt of a completed and executed petition for appeal and payment of the associated fee. 4. At the hearing any party may appear in person or by agent or attorney. 5. The burden of proof at all times remains with the appellant, except that in appeals of Resource Planning Committee conditional use permit decisions, the Board of Adjustment will conduct a “de novo” hearing, meaning that the conditional use permit applicant has the burden of proof. (e) Decision. The Board of Adjustment decision of the appeal shall be rendered in writing within 30 days after the public hearing. Such decision shall: 1. State the specific facts which are the basis for the Board's decision. 2. Either affirm, reverse, vary, or modify the order, requirement, decision or determination appealed from. The Board may also dismiss the appeal for lack of jurisdiction. Commentary: An appeal decision made by the Board of Adjustment may be further appealed to a court of law. (3) Department of Natural Resources notification. (Amended: 27 May 2014; Ord. 2014-10) (Deleted: 20 Sept. 2016; Ord. 2016-14) 11.08 Amendments. (1) The County Board of Supervisors may amend this Ordinance in accordance with 59.69(5), Wis. Stats., after a public notice has been given as provided in s. 11.09(1), notice for public hearings. At the hearing any party may appear in person or by agent or attorney. (Amended: 20 Sept. 2016; Ord. 2016-14) 15 PROCEDURES 11.08(4) Door County Comprehensive Zoning Ordinance 11-16 (2) Petition. A petition for an amendment to this Ordinan ce shall be submitted to the Door County Land Use Services Department using forms furnished by the Land Use Services Department. Such petition shall include the following: (a) Name and address of the petitioner. (b) Signature of the petitioner. (c) If the petition is for a zoning text amendment, the proposed text changes including reference(s) to the affected section(s) of this Ordinance. (d) If the petition is for a zoning map amendment, a description of the affected property, the current zoning district classification(s), and the proposed zoning district classification(s) (e) Fee. A petition for an amendment shall be accompanied by a fee established by the County Board of Supervisors. (Amended: 25 June 199;, Ord. 16-96) (3) Rezoning of wetland. A wetland, or a portion of a wetland, in a Wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following: (a) Storm or flood water storage capacity. (b) Maintenance of dry season stream flow, discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland. (c) Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters. (d) Shoreline protection against soil erosion. (e) Fish spawning, breeding, nursery, or feeding grounds. (f) Wildlife habitat. (g) Areas of special recreational, scenic, or scientific interest, including scarce wetland types. (4) Zoning amendments in the Exclusive Agricultural district. (a) Door County may approve petitions for rezoning areas zoned Exclusive Agricultural (EA) only after findings are made based upon the requirements of s. 91.48(1), Wis. Stats. (Amended: 30 September 2010; Ord. 2010-13) 16 PROCEDURES 11.09(1) Door County Comprehensive Zoning Ordinance 11-17 (b) (Deleted: 24 March 2015; Ord. 2015-02) (5) Previous zoning amendments involving wetlands. If, under the 1968 Door County Zoning Ordinance, property was rezoned by action of the County Board of Supervisors from a Shoreland -Wetland or Conservancy zoning district to another zoning district, that rezoning shall remain intact. Due to limitations created by zoning map scales, the property might not be identified on the zoning map. This provision shall not preclud e such property from being placed in any other zoning district, except Wetland district, unless the physical conditions of such properties subsequently change to truly Wetland characteristics. Commentary: The intent of this provision is to not force pro perty owners to apply a second time for a rezoning of property from a wetland zoning district into another zoning district. This provision is not intended to guarantee that the zoning district classification of affected properties will remain the same indefinitely. (6) Department of Natural Resources notification. (Amended: 27 May 2014; Ord. 2014- 10) (Deleted: 20 Sept. 2016; Ord. 2016-14) (7) Resubmission. A petition for zoning amendment that has been heard and decided shall not be eligible to be r esubmitted during the 6 months following final action by the Door County Board of Supervisors. The 6 month period may be waived by the Resource Planning Committee provided that the petitioner submits a written report identifying how the new zoning amendme nt petition differs substantially from the previous petition or identifying substantial new evidence that will be offered and provided that the Resource Planning Committee votes by simple majority that the changes or new evidence would be of such significa nce that the Door County Board of Supervisors might consider changing the previous decision. 11.09 Public hearings. When public hearings are required by this Ordinance or by Wisconsin Statutes, the following shall apply: (1) Notice for public hearings. (a) Notice of any public hearing which the Resource Planning Committee or Board of Adjustment is required to hold shall be given by publishing in the county a Class 2 notice in accordance with Ch. 985, Wis. Stats. The notice shall specify the time and place of such hearing. (b) If the public hearing involves a petition for a zoning amendment, a copy of the hearing notice shall be mailed by registered mail to the town clerk of each town affected by the proposed amendment at least 10 days prior to the date of such hearing. (c) If the public hearing involves a variance or an appeal before the Board of Adjustment, the Board of Adjustment shall give due notice to the parties in interest. 17 PROCEDURES 11.09(2) Door County Comprehensive Zoning Ordinance 11-18 (d) (Amended: 25 June 1996; Ord. 16-96) (Deleted: 20 Sept. 2016; Ord. 2016-14) Commentary: As a matter of practice, in addition to the parties identified in pars. (b) and (c), an earnest effort will be made to send by regular mail a copy of the notice for public hearing to the town board chair of each affected town, to the applicant or petitioner, or their agent, and to the property owners (as recorded in the Door County Real Property Listing Office) of all lands located within 300 feet of any part of the parcel or parcels included in the conditional use permit application, zoning amendment petition, variance petition, or appeal. The failure to mail a notice to the above parties or the failure of such notice to reach any of the above parties does not invalidate any public hearing nor any decision of the Resource Plann ing Committee or Board of Adjustment. (Amended: 20 Sept. 2016; Ord. 2016-14) (2) Public hearing procedures. The Resource Planning Committee or Board of Adjustment may adopt any formal or informal public hearing procedures. 18 Public Hearing Process, Applications and Information Sheets 19 Process for Zoning Applications Going to Public Hearing These procedures pertain to conditional use permit applications, appeals of Resource Planning Committee decisions, zoning text and/or map amendment petitions, and variance petitions. 1. Application is submitted to the Door County Land Use Services Department. 2. When staff finishes review/analysis and deems the application complete, a staff report and supporting documentation will be created by staff, if applicable, who will compile a packet of all relevant documentation. The packet will contain: - Letter to town - Town recommendation form - Hearing notice (the hearing will be scheduled at least 5 weeks from the date of the completed packet) - Staff report, maps, and any other supporting documentation, as applicable - Application packet submitted by applicant 3. After the packet is compiled, it will be sent to the Town Clerks via email; and the applicant and owner by email and/or regular mail. Town officials are responsible for deciding which bodies will be reviewing applications (e.g., plan commission and/or board), distributing packets to other commission/board members, scheduling and posting Town meetings, etc. 4. For all applications except zoning text amendments, an earnest effort will be made to send the notice via regular mail to all property owners within 300 feet of the subject lot(s). 5. The Town recommendation form will be included in the published RPC/BOA agenda packet if it is received 8 days prior to the hearing. The Town recommendation form will be included in the public hearing if received 48 hours prior to the day of the hearing. Verbal testimony from the Town is always welcome and can occur at the public hearing. 20 Page 1 of 2 12/28/2023 Door County Land Use Services CONDITIONAL USE PERMIT ________________________________________________________ _ A “conditional use” is one that has been determined to be compatible in a particular area, not a use that is always compatible at a specific site within that area. The use is subject to requirements and conditions, and is only allowed under a conditional use permit (CUP) issued by Door County. A conditional use permit is also required if an owner wishes to expand a non-conforming use (i.e., a use previously legally established which would not be allowed under current zoning regulations). PERMIT & HEARING PROCESS 1. Submit a completed application form with the non-refundable fee. 2. Provide a detailed written description of your project, building plans, and a site plan (drawn to scale). Provide one complete set of plans no larger than 11”’ x 17”. 3. If an agent will represent you, you must submit your agent’s name, telephone number, and mailing address to the Door County Land Use Services Department. 4. Once the application is deemed complete, a copy of the application packet and staff report will be sent to the town to ask for recommendations and comments. You and neighboring property owners will receive a copy of the letter and staff report which forwards your application to the town. Please call the town to see if/when the town may be meeting to discuss this matter. 5. The Door County Land Use Services Department will publish a notice of the hearing in the Door County Advocate and will notify you and neighboring property owners in writing of the hearing date / time. It takes ~2 months from time of application submittal to hearing date. 6. If the applicant/agent fails to appear at the hearing, s/he will be deemed to be in default and the conditional use permit may, in the RPC’s sole discretion, be denied. The applicant/agent may, if s/he failed to appear for good reason, request in writing that the RPC reopen the default denial. A written request to reopen shall be received by the Door County Land Use Services Department within 30 days of the default denial. The RPC may, in its sole discretion, reopen a default denial if good cause is shown, such as mistake, inadvertence, or excusable neglect. If a default denial is reopened, the applicant/agent must submit a new fee, unless the RPC determines otherwise. 7. Other people can also attend the hearing to testify for or against your request. 8. Once the conditional use permit is issued, the applicant shall obtain a regular zoning permit within twelve months to authorize any new construction related to establishing the conditional use. CRITERIA USED TO MAKE A DECISION The Door County Resource Planning Committee (RPC) decision to approve, approve with conditions, or deny the CUP must be supported by substantial evidence. A conditional use permit applicant has the burden of proof. S/he must demonstrate, by substantial evidence, that the application and all requirements and conditions established in the ordinance and by the RPC relating to the conditional use are or shall be satisfied. If an applicant meets their burden of proof, then the RPC must grant the CUP. If an applicant fails to meet their burden of proof, the CUP will be denied. The CUP may also be denied if there is substantial evidence opposing the conclusions and evidence of the applicant, as the RPC’s decision need only be supported by substantial evidence. Testimony and exhibits offered by persons other than the applicant, whether in support of or opposition to the CUP, must constitute substantial evidence. “Substantial evidence” means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. To aid in its review of the proposed project, the RPC will consider the Door County Comprehensive Zoning Ordinance criteria set forth below. 21 Page 2 of 2 12/28/2023 1) Whether the proposed project will adversely affect property values in the area. 2) Whether the proposed use is similar to other uses in the area. 3) Whether the proposed project is consistent with the Door County Comprehensive and Farmland Preservation Plan or any officially adopted town plan. 4) Provision of an approved sanitary waste disposal system. 5) Provision for a potable water supply. 6) Provisions for solid waste disposal. 7) Whether the proposed use creates noise, odor, or dust. 8) Provision of safe vehicular and pedestrian access. 9) Whether the proposed project adversely impacts neighborhood traffic flow and congestion. 10) Adequacy of emergency services and their ability to service the site. 11) Provision for proper surface water drainage. 12) Whether proposed buildings contribute to visual harmony with existing buildings in the neighborhood, particularly as related to scale and design. 13) Whether the proposed project creates excessive exterior lighting glare or spillover onto neighboring properties. 14) Whether the proposed project leads to a major change in the natural character of the area through the removal of natural vegetation or alteration of the topography. 15) Whether, and in what amount and form, financial assurance is necessary to meet the objectives of this ordinance. 16) Whether, and to what extent, site -specific conditions should be imposed to mitigate potentially problematic impacts of the use. 17) The impact of the proposed project on public health, public safety, or the general welfare of the County. *Note: State, federal, and local requirements also need to be met. The RPC is allowed to consider topics, related to the purposes of the ordinance and based on substantial evidence, in addition to the above. If the conditional use permit application is approved, the RPC will establish a completion date for the proposed project. Once the use is established, a conditional use permit will generally remain in effect as long as the conditions and requirements upon which the permit was issued are followed. Subsequent owners of the property are generally allowed to continue the use, subject to those conditions and requirements. An affidavit is to be recorded with the deed to provide successors in interest notice of the conditional use permit and conditions and requirements. The RPC may, however, impose conditions regarding the permit’s duration, transfer, or renewal, in addition to any other conditions pertaining to ordinance standards or the criteria listed above. For example, the RPC may grant a limited term conditional use permit if a reasonable basis exists for such limitation. Any limited term conditional use permit may be subject to renewal after a re-evaluation of the use via a hearing before the RPC. RESOURCE PLANNING COMMITTEE DECISION • The RPC will consider the evidence presented and will most likely make a decision that same day at a business meeting after the hearing(s). If the hearings are lengthy or if additional information is needed, it is possible the decision could be tabled to a later date. • The RPC will approve, with or without conditions, or deny the request. • The Door County Land Use Services Department will send the applicant the RPC’s decision in writing within a few days after the hearing and meeting. • An affidavit shall be recorded with a deed to provide successors in interest notice of the conditional use permit and conditions and requirements. APPEALS If the conditional use permit is denied, you may appeal the decision to Door County Board of Adjustment as provided in Sec. 59.694(10), Wis. Stats. If the permit is approved, it may be appealed to the Board of Adjustment by any aggrieved party. All appeals must be filed within the time constraints set forth in the statutes (i.e., 30 days after the decision is filed with the Door County Land Use Services Department). For this reason, you may want to delay the start of the project until the appeal period has expired. 22 23 24 Page 1 of 2 M:/Forms/RPC Forms/Map amendment Information sheet.doc 12/23/2023 Door County Land Use Services ZONING AMENDMENT – MAP (See also Door County Comprehensive Zoning Ordinance section 11.08 and Wisconsin Statutes section 59.69(5).) _________________________________________________________________ By state law, petitions to rezone property are heard at a public hearing before the Door County Resource Planning Committee, which makes a recommendation to the county board for final decision. The town board of a town under comprehensive zoning does have, however, statutory authority to essentially "veto" rezonings approved at the county level that it (the town) does not support. (Comprehensively zoned towns may not, however, force the county to rezone property through this authority – the town can only prevent a rezoning. Note that towns with shoreland zoning only do not have any "veto" authority.) WHO CAN SUBMIT A PETITION? A petition to change the zoning district designation of a property may be submitted by: 1) the property owner(s) of all or some of the land in question, 2) the town board from the town where land is located (comprehensively zoned towns only), 3) the Door County Resource Planning Committee, or 4) any county board supervisor. CONSIDERATIONS IN EVALUATING PETITIONS TO REZONE • Was the existing district due to a mistake in the mapping process? • Have circumstances changed for this property or surrounding properties since the original zoning district designation? • How are the adjacent properties zoned and used? • Is the land area in question large or small? • Would the new district fit official plan guidelines for the property? Is the existing district a better fit? • Is the request simply to economically benefit one property owner or a small group of property owners? • Is there an overriding public good to be gained by rezoning the property? (If yes, rezoning might be justified even if other considerations point toward denying the petition.) In general, a rezoning that 1) will economically benefit only one or a few property owners, 2) affects a small area of land, 3) is not a fit with official plans, 4) will allow for higher intensity or higher density uses than those allowed on surrounding properties, and 5) will not result in any overall public benefit may constitute “spot zoning,” which may be deemed illegal. Note that rezoning a property means that any use allowed in the new zoning district may be established on the property, now or in the future, not just the use being proposed by the current applicant. A property owner may volunteer to legally restrict the uses to which the property may be put, such as through a deed restriction naming the county as enforcement agency, but the planning committee may be reluctant to participate in such discussions or agreements for fear of inadvertently engaging in "contract rezoning," which is illegal. 25 Page 2 of 2 M:/Forms/RPC Forms/Map amendment Information sheet.doc 12/23/2023 ZONING AMENDMENT – MAP HEARING PROCESS & DECISION 1. Submit a completed application form with the non-refundable fee. 2. Provide copy of the deed(s), tax bill(s), or survey(s) (no larger than 11”’ x 17”). 3. Once the Door County Land Use Services Department deems the application complete, a copy of the application and a draft staff report will be sent to the town to ask for recommendations and comments. The applicant and neighboring property owners will receive a copy of the letter which forwards the application and staff report to the town. Please call the town to see if/when the town may be meeting to discuss this matter. 4. The Door County Land Use Services Department will publish a notice of the hearing in the Door County Peninsula Pulse and will notify the applicant and neighboring property owners in writing of the hearing date / time. It takes ~2 months from time of application submittal to hearing date. 5. The application packet (including staff report and letters) will be posted to the Planning Department website the Friday before the hearing date. 6. If the applicant/petitioner fails to appear at the hearing (in person, or by agent or counsel), s/he will be deemed to be in default and the petition for zoning amendment may, in the Resource Planning Committee’s sole discretion, be denied. The applicant/petitioner may, if s/he failed to appear (in person, or by agent or counsel) for good reason, request in writing that the Resource Planning Committee reopen the default denial. Any request to reopen must be made (i.e., written request received by the Land Use Services Department) within thirty (30) days of the default denial. The Resource Planning Committee may, in its sole discretion, reopen a default denial if good cause is shown, such as mistake, inadvertence, or excusable neglect. If a default denial is reopened, the applicant/petitioner must submit a new fee, unless the Resource Planning Committee determines otherwise. 7. Other people can also attend the hearing to testify for or against the petition request. 8. The Resource Planning Committee will consider the evidence presented and will most likely make a decision that same day at a business meeting after the hearing(s). If the case hearings are lengthy or if additional information is needed, it is possible that the decision could be tabled to a later date. 9. The Resource Planning Committee will recommend approval, denial or a modified version of the request. Within a few days after the hearing and meeting, the Door County Land Use Services Department will send the applicant a copy of the Resource Planning Committee’s recommendation along with information regarding the county board meeting date / time at which the final decision will be made. 10. The County Board will make a final decision and within a few days after county board, the Door County Land Use Services Department will send a letter notifying the applicant of the final decision and the effective date (immediate or 40-day delay). RESUBMISSION A petition for zoning amendment that has been heard and decided shall not be eligible to be resubmitted during the 6 months following final action by the Door County Board of Supervisors. The 6 month period may be waived by the Resource Planning Committee provided that the petitioner submits a written report identifying how the new zoning amendment petition differs substantially from the previous petition or identifying substantial new evidence that will be offered and provided that the Resource Planning Committee votes by simple majority that the changes or new evidence would be of such significance that the Door County Board of Supervisors might consider changing the previous decision. 26 Page 1 of 2 M:/Forms/RPC Forms/Map amendment Information sheet.doc 12/23/2023 Door County Land Use Services ZONING AMENDMENT – TEXT (See also Door County Comprehensive Zoning Ordinance section 11.08 and Wisconsin Statutes section 59.69(5).) _________________________________________________________________ By state law, petitions to change the text of the Door County Comprehensive Zoning Ordinance are heard at a public hearing before the Door County Resource Planning Committee, which makes a recommendation to the county board for final decision. If a majority of the town boards under county zoning do not approve of an amendment passed at the county level, there is a statutory procedure those towns can follow to "veto" that text amendment. (Towns may not, through this authority, force the county to make amendments to the zoning ordinance text – they can only prevent an ordinance change.) WHO CAN SUBMIT A PETITION? A petition to change the zoning district designation of a property or change the ordinance text may be submitted by: 1) any property owner affected by the proposed amendment, 2) the town board, if the town is under county comprehensive zoning, 3) the Door County Resource Planning Committee, or 4) any county board supervisor. CONSIDERATIONS IN EVALUATING PETITIONS TO CHANGE TEXT OF THE ORDINANCE • Will the amendment correct an inconsistency or loophole within the ordinance? • Is the amendment more consistent with the goals of the comprehensive plan than existing ordinance text? • Is the amendment contrary to the stated goals of the ordinance itself? HEARING PROCESS & DECISION 1. Submit a completed application form with the non-refundable fee. 2. Provide proposed text to be added or changed. 3. Once the Door County Land Use Services Department deems the application complete, a copy of the application and draft staff report will be sent to the town to ask for recommendations and comments. The applicant will receive a copy of the letter which forwards the application to the town. Please call the town to see if/when the town may be meeting to discuss this matter. 4. The Door County Land Use Services Department will publish a notice of the hearing in the Door County Peninsula Pulse and will notify the applicant and neighboring property owners in writing of the hearing date / time. It takes ~2 months from time of application submittal to hearing date. 27 Page 2 of 2 M:/Forms/RPC Forms/Map amendment Information sheet.doc 12/23/2023 ZONING AMENDMENT – TEXT HEARING PROCESS & DECISION (continued) 5. The application packet (including staff report and letters) will be posted to the Land Use Services Department website the Friday before the hearing date. 6. If the applicant/petitioner fails to appear at the hearing (in person, or by agent or counsel), s/he will be deemed to be in default and the petition for zoning amendment may, in the Resource Planning Committee’s sole discretion, be denied. The applicant/petitioner may, if s/he failed to appear (in person, or by agent or counsel) for good reason, request in writing that the Resource Planning Committee reopen the default denial. Any request to reopen must be made (i.e., written request received by the Door County Land Use Services Department) within thirty (30) days of the default denial. The Resource Planning Committee may, in its sole discretion, reopen a default denial if good cause is shown, such as mistake, inadvertence, or excusable neglect. If a default denial is reopened, the applicant/petitioner must submit a new fee, unless the Resource Planning Committee determines otherwise. 7. Other people can also attend the hearing to testify for or against the petition request. 8. The Resource Planning Committee will consider the evidence presented and will most likely make a decision that same day at a business meeting after the hearing(s). If the case hearings are lengthy or if additional information is needed, it is possible that the decision could be tabled to a later date. 9. The Resource Planning Committee will recommend approval, denial or a modified version of the request. Within a few days after the hearing and meeting, the Door County Land Use Services Department will send the applicant a copy of the Resource Planning Committee’s recommendation along with information regarding the date/time that the rezoning will be on the county board meeting agenda (it could be close to one month after the hearing, depending on timing). 10. The County Board will make a final decision and within a few days after county board, the Door County Planning Department will send a letter notifying the applicant of the final decision and the effective date (immediate or 40 day delay). RESUBMISSION A petition for zoning amendment that has been heard and decided shall not be eligible to be resubmitted during the 6 months following final action by the Door County Board of Supervisors. The 6 month period may be waived by the Resource Planning Committee provided that the petitioner submits a written report identifying how the new zoning amendment petition differs substantially from the previous petition or identifying substantial new evidence that will be offered and provided that the Resource Planning Committee votes by simple majority that the changes or new evidence would be of such significance that the Door County Board of Supervisors might consider changing the previous decision. 28 Door County Private On-Site Wastewater Treatment Systems (POWTS) Regulatory Program History 29 County of Door LAND USE SERVICES DEPARTMENT County Government Center 421 Nebraska Street Sturgeon Bay, WI 54235 Main office lines: (920) 746-2323 and (920) 746-2308 FAX: (920) 746-2387 Website: https://www.co.door.wi.gov/164/Land-Use-Services On-line permit applications: https://www.citysquared.com/#/app/DoorCountyWI/landing 1 Door County Private On-Site Wastewater Treatment Systems (POWTS) Regulatory Program History Compiled by John Teichtler, County Sanitarian December 22, 2022 Timeline/Overview • 1967: First POWTS code adopted by Door County. State agency dealing with POWTS is Department of Health and Social Services (DHSS). • 1969: Code revised due to change at state level (state plumbing code POWTS standards). • 1974: WI Certified Soil Tester Program established (certification required for POWTS work). • 1975: Three mound system types allowed, per state changes. 24 inches of soil required over bedrock or groundwater. • 1978: Joined WI Fund Program. Maintenance program required. • 1980: Code revised; stand-alone and state-level changes (inspections at all installations). State agency dealing with POWTS is switched to Department of Industry, Labor, and Human Relations (DILHR). • 1986: County time-of-sale ordinance enacted. • 1987: At-grade systems developed/allowed. • 1989: WI Certified Soil Tester Program updated. State agency dealing with POWTS is switched to Department of Commerce (“Commerce”). • 2000: Code revised due to state “performance code.” Six inches of soil for mound systems. State agency dealing with POWTS is switched to Department of Safety and Professional Services (DSPS). • 2002-2015: County-wide survey of all systems. • 2010-2016: WI DSPS inventory and maintenance report requirement fulfilled. • 2015: Time-of-sale ordinance revised due to state prohibition on mandatory inspections. • 2017: Merger with Planning & Zoning Department. • 2018: State requirement to use more detailed soil report forms. • 2021: On-line permitting, application, and filing system launched. Program History Door County’s first private on-site wastewater treatment system (POWTS) ordinance became effective in August of 1967. The state agency at the time that set POWTS standards was the Wisconsin Department of Health and Social Services (DHSS). The county’s ordinance required a sanitary permit prior to the installation of such systems. The most important section of the code was that it established a three (3) foot separation between the bottom of the system (“system elevation”) and a “limiting factor” such as bedrock or seasonal high ground water. 30 2 This ordinance was in effect until July of 1969, when State Administrative Code H 62 Plumbing was required to be followed/implemented state-wide. A section of this code, H 62.20, established requirements for POWTS, such as sizing for the septic tank and soil absorption system based on whether there were appliances or no appliances (e.g., dishwashers, washing machines, etc.). This code was effective until 1980. In 1974, the Wisconsin Certified Soil Tester Program was established, which became a state- wide requirement on November 1, 1974. Prior to that, any licensed Wisconsin plumber, engineer, or architect could conduct soil borings and percolation tests for POWTS, with no soil knowledge required. After the program was mandated, those who wanted to do soil evaluations needed to attend training and pass both written and practical exams. From 1970 to 1975, the UW-Madison Small Scale Waste Management Project developed the Experimental Fill System, which became the present-day mound systems. Finding the correct sand and fill material for use over the dispersal cell was the most difficult issue to resolve. A coarse sand allows the wastewater to pass too quickly, not treating the waste, and fine sand results in ponding and discharge to the ground surface. Concrete sand is used on mounds today; fill material must be fine aggregate (meeting ASTM Specification C-33). In May of 1975, three packages of mound system types were approved state-wide. They were mound over bedrock, seasonal high ground water, and slowly permeable soil. A minimum of 24 inches of soil was required over “limiting factors” of bedrock or ground water. (Today, and since the adoption of the DSPS Performance Code on July 1, 2000, the minimum is six inches over a limiting factor.) The cover material has to be a soil that will provide frost protection, prevent erosion and excess precipitation or runoff infiltration, but also allow air to enter the dispersal area/distribution cell for the proper treatment of the wastewater. This cover material was originally clay, which was discovered to prevent oxygen to the dispersal cell, so a sandy loam soil is now used. Counties were required to inspect the mound at time of construction and also to conduct an on-site inspection of the soil borings. A letter regarding the soil borings and an inspection report about the constructed mound were required by the Wisconsin Department of Health. County employees were required to have training on the inspection of mound type systems. Inspections consisted of being present and completing an inspection report for the plowing, placement of sand, and distribution pipe installation, and a final inspection of all the mound components. In 1978, Door County joined the Wisconsin Fund Program, which provided funding from the state for the replacement of failing private on-site waste water treatment systems installed prior to July 1, 1978. This was for systems serving single-family homes and small commercial establishments. The existing system had to meet the statute requirements for a failing system, as verified by county staff (usually upon request of the property owner). The county then issued an order to the property owner to replace the failing system within one year of the order date. County staff prepared and assisted in the application process for the property owner. After the property owner paid for the replacement, the property owner was reimbursed the appropriate amount based on cost tables established in the code for the various components of the system. The county was required to establish a maintenance program as a requirement of being a part of the Wisconsin Fund Program. Every three years, a property owner was sent a maintenance report. The property owner was required to contact a pumper or plumber to inspect the POWTS. If the septic tank was 1/3 full of solids or greater, the septic tank was required to be pumped. If less than 1/3 full of solids, no pumping was required. The inspecting provider would complete the report and also conduct a visual inspection of the septic tank, inlet and outlet 31 3 baffles, note any problems with the septic tank such as cracks, rusting of tank, etc. Also, a walk-over of the soil absorption area was done to see if there was any surfacing of wastewater, and the cap on the vent was removed to check for ponding of waste water. This report was then sent to the county for review and follow-up, and kept as a history of each POWTS. This maintenance program is still in effect today. In 1980, a state code on POWTS was established as a stand-alone code, and the state agency handling POWTS matters switched from Health and Social Services to the Department of Industry, Labor, and Human Relations (DILHR). In addition, DILHR required all counties to inspect all POWTS systems at the time of installation, not just mound systems. This required county regulatory staff to attend training courses and pass an exam to become Private On-Site Waste Water Inspectors. There was established an inspection report for each type of POWTS. This report is kept on file for the entire life of the on-site system. This prescriptive code was in force until July 1, 2000. In 1986, Door County enacted ordinance 21.15, which required the inspection of POWTS prior to the sale, transfer, or conveyance of property ownership. The purpose of this code was to identify failing private on-site waste water treatment systems, and to order them replaced within one year of the transfer date. A soil boring was required for all systems installed prior to November 1, 1974; systems installed after that date already had soil boring results on file at the county. The soil boring results were used to determine if there was a 3-foot separation between the bottom of the soil absorption system and a limiting factor of bedrock or seasonal high groundwater. The report was turned in to the Sanitarian fifteen days prior to the sale, transfer, or conveyance of property ownership. An on-site inspection was conducted by staff and a written letter sent to the property owner if it was passing or an order issued if the system met the statute criteria for a failing POWTS. This ordinance was an outstanding way of finding and replacing failing systems. The ordinance was in effect until July 14, 2015, when Act 55 became law, creating s. 706.22 of the state statutes, titled “Prohibition on imposing time-of-sale, purchase, or occupancy requirements.” This bill removed a valuable tool for the county to protect water quality and public health. In 1987, the At-Grade POWTS became a type of system used on sloping sites. The system was at grade level and used 36 inches to 48 inches of “in situ” (natural) soil to treat the wastewater. This system did not require and sand fill like the mound did, and is used on sites today. In 1989, the state soil tester program was updated, and the state agency charged with POWTS matters switched to the Department of Commerce. The percolation test was eliminated, and sizing of the dispersal cell was based on soil texture and loading rates established in the code for various soils. All soil testers were required to have advanced training in soil identification, and they had to pass a written and practical exam. Soil descriptions became more detailed, and a site plan with the soil boring locations was attached to the soil report for the property owner to take to a plumber or designer with the soil report to design the POWTS for a particular use. In the year 2000, the state agency charged with POWTS oversight switched to the Department of Safety and Professional Services (DSPS). On July 1, 2000, the DSPS 383 Performance Code for Private On-Site Waste Disposal Systems became effective. This code allowed for mound systems with six inches of soil over a limiting factor, and also allowed the private sector to come up with alternative systems. For example, substitutes for stone in cells came into use. Also, aeration treatment units, which reduced the size of the dispersal cell, became approved state-wide. 32 4 From 2002 to 2015, the Sanitarian Department undertook a county-wide Sanitary Survey of the approximately 16,000 Private On-Site Waste Water Treatment Systems in Door County. The expenditures for the survey were added to the department’s annual budget, with some of the funding going toward a small excavator, operated and supplied by a private sector business selected through an annual bidding process. One year, a donation was received from the Door Property Owners Association to speed up the sanitary survey. Over the course of the survey, every POWTS in the county, regardless of age, was inspected. If any of the components were failing, an order was issued to replace the component, such as a septic tank, dose chamber, or dispersal cell. An interesting finding of the sanitary survey was that the failure rate for the entire survey was at 30%. As for any failing system identified, one year was given property owners to replace POWTS found to be failing. Many of the failures were steel treatment tanks. It was also discovered that a steel tank manufacture from outside Door County was not constructing steel treatment tanks to code. This manufacture was using thin gauge steel not approved by the state regulators. This was discovered by submitting steel samples to the state authorities by Door County staff. In 2010, DSPS required all counties to inventory all POWTS, and those with septic tank and soil absorption systems for treatment were required to be sent and comply with the three- year maintenance requirements if they weren’t already doing so. In Door County, this essentially involved reviewing records for POWTS installed prior to 1978. This was completed by 2016. In March of 2017, the Sanitarian Department merged with the Planning & Zoning and Real Property Listing Departments and the Land Information Officer from the Information Systems Department. The merger resulted in the Door County Land Use Services Department, with a Sanitarian division within. In 2018, DSPS established a ruling that the EH 115 form with general soil descriptions, which had been used from November 1974 to November 1989, could no longer be used when replacing components for existing private on-site waste water treatment systems. A more detailed soil report is required, and a soil boring is required next to the soil absorption system to determine whether the dispersal area is sited per code. In August of 2021, applications for sanitary permits, issuance of sanitary permits, and maintenance of private on-site systems went paperless. The applicants and service providers can now apply for permits and enter service events on City Squared. Property owners and others can now access much POWTs information via their computers, outside of departmental office hours, saving time and trips to the office. 33 34 35 36