Sawyer County Zoning Committee Meeting — Agenda Packet

1 Sawyer County Zoning Committee Meeting Friday, February 20, 2026 @ 8:30 AM Sawyer County Board Room AGENDA 1. ZOOM INFORMATION (AMENDED 2/18/26 AT 4:23PM) a. To view or participate in the virtual meeting from a computer, iPad, or Android device please go to https://zoom.us/j/99413118485. You can also use the dial in number for listening only at 1-312-626-6799 with the Webinar ID: 994 1311 8485. If additional assistance is needed, please contact the Zoning & Conservation Department at 715-634-8288 prior to the meeting. 2. PRELIMINARY MATTERS a. Roll Call b. Pledge of Allegiance c. Statement of Committee and Hearing Procedure & Statement of Hearing Notice d. Approval of Previous Meeting Minutes e. Public Comment Please note comment time is intended for general public comments, not comments relating to a specific application before this Committee. Each Agenda item requiring a public hearing will have its public hearing conducted just prior to the application being considered by this Committee. If you wish to speak on a specific Agenda item, we encourage you to hold your comments until that specific public hearing. Comments should be directed to the Committee as a whole and should not be directed to individual Committee Members or Staff. 3. REZONE APPLICATIONS a. Postponed from January 2026 Public Hearing. A Public Hearing in the Town of Hunter. RZN #26-002. Owner: Thomas & Jean Carr. Part of the N ½ of the NW; S09, T40N, R06W; Tax ID #13857; Parcel #012-640-09-2103; 3.5 total acres; Zoned Residential/Recreational One (RR-1). Purpose of Request is to rezone from Residential/Recreational One (RR-1) to Commercial One (C-1) to be able to have storage units. b. Discussion/Action Postponed from January 2026 Public Hearing. RZN #26-002. Owner: Thomas & Jean Carr. Part of the N ½ of the NW; S09, T40N, R06W; Tax ID #13857; Parcel #012-640-09-2103; 3.5 total acres; Zoned Residential/Recreational One (RR-1). Purpose of Request is to rezone from Residential/Recreational One (RR-1) to Commercial One (C-1) to be able to have Page 1 of 94 2 storage units. 4. CONDITIONAL USE APPLICATIONS a. A Public Hearing in the Town of Radisson. CUP #26-003, Owner: Raymond VanWey. The NE ¼ of the SE ¼; S17, T38N, R07W; Tax ID #22572; Parcel #022- 738-17-4101; 40 total acres; Zoned Agricultural One (A-1); Permit desired for: The allowance of 2 shipping containers on his property for storage per Sawyer County Code of Ordinances – Appendix D-Section 20 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. b. Discussion/Action in the Town of Radisson. CUP #26-003, Owner: Raymond VanWey. The NE ¼ of the SE ¼; S17, T38N, R07W; Tax ID #22572; Parcel #022- 738-17-4101; 40 total acres; Zoned Agricultural One (A-1); Permit desired for: The allowance of 2 shipping containers on his property for storage per Sawyer County Code of Ordinances – Appendix D-Section 20 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. c. A Public Hearing in the Town of Edgewater. CUP #26-004. Owners: Daniel & Jammie Kokesh. Paradise Shores, Lot 24; S30, T38N, R09W; Tax ID #7791; Parcel #008-162-00-2400; 1.17 total acres; Zoned Residential/Recreational One (RR-1). Permit desired for: A 30’ x 24’ garage on vacant property. Per Sawyer County Code of Ordinances – Appendix D – Section 4.26 (1) with automatic conditions as the request will be for an accessory structure on vacant land being granted a 3-year time frame to build a primary dwelling and proposed accessory structure will be located on the same parcel. d. Discussion/Action in the Town of Edgewater. CUP #26-004. Owners: Daniel & Jammie Kokesh. Paradise Shores, Lot 24; S30, T38N, R09W; Tax ID #7791; Parcel #008-162-00-2400; 1.17 total acres; Zoned Residential/Recreational One (RR-1). Permit desired for: A 30’ x 24’ garage on vacant property. Per Sawyer County Code of Ordinances – Appendix D – Section 4.26 (1) with automatic conditions, as the request will be for an accessory structure on vacant land being granted a 3-year time frame to build a primary dwelling and a proposed accessory structure will be located on the same parcel. e. A Public Hearing in the Town of Draper. CUP #26-005. Owners: Carl & Maria Frederick. SW ¼ of the NE ¼; S 02, T39N, R04W; Tax ID #6235; Parcel #006- 439-02-1301; 38.56 total acres; Zoned Agricultural Two (A-2). Permit desired for: 3 shipping containers, with agricultural use, on a vacant parcel. Per Sawyer County Code of Ordinance Appendix D, Section 2.0 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. f. Discussion/Action A Public Hearing in the Town of Draper. CUP #26-005. Owners: Carl & Maria Frederick. SW ¼ of the NE ¼; S 02, T39N, R04W; Tax ID #6235; Parcel #006-439-02-1301; 38.56 total acres; Zoned Agricultural Two (A-2). Permit Page 2 of 94 3 desired for: 3 shipping containers, with agricultural use, on a vacant parcel. Per Sawyer County Code of Ordinance Appendix D, Section 2.0 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. g. A Public Hearing in the Town of Draper. CUP #26-006. Owners: Carl & Maria Frederick. NE ¼ of the SW ¼. S35, T40N, R04W; Tax ID #7543; Parcel #006-440- 35-3101; 40 total acres; Zoned Forestry One (F-1). Permit desired for: 3 shipping containers on property. Per Sawyer County Code of Ordinance Appendix D, Section 2.0 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. h. Discussion/Action in the Town of Draper. CUP #26-006. Owners: Carl & Maria Frederick. NE ¼ of the SW ¼. S35, T40N, R04W; Tax ID #7543; Parcel #006-440- 35-3101; 40 total acres; Zoned Forestry One (F-1). Permit desired for: 3 shipping containers on property. Per Sawyer County Code of Ordinance Appendix D, Section 2.0 (93). Placement of more than 1 shipping container requires Town Board approval and Zoning Committee approval of Conditional Use Permit. i. Postponed from December 2025 public hearing. A Public Hearing in the Town of Bass Lake. CUP #25-052. Owners: Anton & Debbie Pfendt. Abendpost Beach 1st Addition Lot 5 Blk 21, Lots 6, 7 & 13 Blk 21, Lots 8 & 9 Blk 21; Tax ID’s #360, 361 & 362; Parcel #’s 002-106-21-0500, 002-106-21-0600 & 002-106-21-0800; All in S31, T40N, R08W; .393 total acres; Zoned Residential/Recreational One (RR-1). Permit desired for a 60’x40’x 20’ in height accessory structure across a Town Road as per Sawyer County Code of Ordinances – Appendix D -Section 4.26 (2). This conditional use permit would also require a Variance to exceed maximum size allowance within platted subdivision, maximum of 1200 sq. ft. and to exceed height of 18’. j. Postponed from December 2025 public hearing. Discussion/Action in the Town of Bass Lake. CUP #25-052. Owners: Anton & Debbie Pfendt. Abendpost Beach 1st Addition Lot 5 Blk 21, Lots 6, 7 & 13 Blk 21, Lots 8 & 9 Blk 21; Tax ID’s #360, 361 & 362; Parcel #’s 002-106-21-0500, 002-106-21-0600 & 002-106-21-0800; All in S31, T40N, R08W; .393 total acres; Zoned Residential/Recreational One (RR-1). Permit desired for a 60’x40’x 20’ in height accessory structure across a Town Road as per Sawyer County Code of Ordinances – Appendix D -Section 4.26 (2). This conditional use permit would also require a Variance to exceed maximum size allowance within platted subdivision, maximum of 1200 sq. ft. and to exceed height of 18’. 5. PLAT REVIEW a. Jeremy Hill and Scott Thiermann Certified Survey Map over existing County Plat, Requires Zoning Committee acceptance, conditional acceptance or rejection. Discussion/Action. 6. NEW BUSINESS Page 3 of 94 4 a. Request to waive the 1-year refiling rule for CUP 25-051. Owner WTTC Land Management CO LLC - Jeff Johnson requests waiving of the one-year refiling rule to submit a new CUP for addition of an asphalt plant which will have more exact duration timeframes. This request is subject to the Sawyer County Zoning Committee By-Laws Section 9.7 as it pertains to the same parcel listed as tax ID 3913. b. Solar Energy System Ordinance - Draft Proposal with legal review. (Discussion/possible action to send to Towns) c. Draft Amendment for “Apartment Complexes” within the C-1 Zone District as a Conditional Use Permit and Data Centers within the Industrial-One Zone District as a Conditional Use Permit. (Discussion/possible action to send to Towns). d. Commercial storage buildings in the RR-1 & RR-2 zone district as Conditional Use Permits under "Recreational service-oriented uses such as restaurants, cocktail lounges, marinas, sport shops, bait sales, and other recreational services which in the opinion of the County Zoning Committee are of the same general character or clearly incidental to a permitted use or use authorized by conditional permit." (Discussion Only) e. Any other business that may come before the Committee for discussion. 7. ADJOURNMENT Page 4 of 94 5 SAWYER COUNTY ZONING COMMITTEE STATEMENT OF COMMITTEE HEARING AND PROCEDURE AND STATEMENT OF HEARING NOTICE This Sawyer County Zoning Committee ("Zoning Committee") meeting is being held this day and will be called tS order at approximately 8:30 a.m. in the Sawyer County Courthouse, 10610 Main Street, Hayward, Wisconsin. This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is for the public's reference and supplements on the statements on the record under Agenda Item No. 1, "Preliminary Matters." This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is incorporated into the record of today's Zoning Committee meeting. Nothing in this Statement of Committee Hearing and Procedure and Statement of Hearing Notice modifies or otherwise limits the provisions set forth in the Wisconsin Statutes and other applicable law. Any persons requiring assistance with this may contact the Sawyer County Zoning Administrator or request assistance at the Zoning Committee meeting during public comments. STATEMENT OF COMMITTEE HEARING AND PROCEDURE Individual Public Hearing: Generally, each application requiring a public hearing shall have an individual public hearing conducted just prior to the Agenda item in which the Zoning Committee may take action. Public Hearing Process: Each public hearing conducted at this Zoning Committee meeting will follow this order: (1) presentation of a summary of the petition set forth in the application or request; (2) submission of a file to the Zoning Committee; and (3) the applicant's statements (or the applicant's representative's statements) and presentation of evidence; (4) public testimony by persons desiring to give pertinent testimony (a "Speaker") in support of the application; (5) public testimony by Speakers in objection to the application; and (6) any rebuttal as permitted by the Zoning Committee Chair. Once the Zoning Committee has the pertinent information, the public hearing will be closed and thereafter the Zoning Committee may deliberate, discuss, pose questions to the Sawyer County staff, legal counsel or the applicant, and take action on the application within the Zoning Committee's discretion. Hearing Appearance Slip: For all hearings to be conducted at today's Zoning Committee meeting, any Speaker desiring to give pertinent testimony will be afforded to opportunity to do so. A Speaker must complete a Hearing Appearance Slip, which is provided at this meeting next to the meeting Agenda. After completion, the Speaker shall deliver the Hearing Appearance Slip to the Zoning Committee Chair prior to the commencement of the Zoning Committee meeting. Process and Guidelines for Testimony by Speakers: Prior to speaking, the Speaker must be recognized by the Zoning Committee Chair in order to speak. Once recognized by the Zoning Committee Chair, the Speaker must state their full name and address before Page 5 of 94 6 giving testimony. The Speaker should also state whether the Speaker represents a client, group, or other association, whether the Speaker is in favor or opposes the proposal on which the testimony is being given, and other pertinent information. Speakers should confine their testimony to the facets and matters presented. Speakers should avoid repetitive testimony, and Speakers are encouraged to state that they agree or disagree with other comments to avoid repetitive testimony. A Speaker's testimony will be limited to three (3) minutes, unless additional time is provided for by the Zoning Committee Chair. Orderly procedures require that each Speaker proceeds without interruption by others. All testimony will be addressed to the Zoning Committee and there will be no questions or arguments between individuals. The Zoning Committee is under no obligation to answer questions posed by the Speaker during the public hearing. Applications for Rezoning: On applications for a change in zoning designation of property, the decision of the Zoning Committee is a recommendation to the Sawyer County Board of Supervisors for final determination and action. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.69 or any other applicable law. Appeal of Certain Decisions: Any person aggrieved by a decision regarding a conditional use or any other decision in which the County Zoning Committee is the decision making body, a person may commence an action with the Sawyer County Board of Appeals to review the Zoning Committee's decision in whole or in part, within 30 days of the date following the committee's decision letter. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.694. STATEMENT OF HEARING NOTICE Each public hearing conducted at this Zoning Committee meeting has been published as a Class 2 notice in accordance with Wisconsin Statutes Ch. 985 in the Sawyer County Record and the Sawyer County Gazette, and publically posted within the Sawyer County Courthouse. QUESTIONS Please contact the Sawyer County Zoning Administrator should you have any questions regarding this Statement of Committee Hearing and Procedure and Statement of Hearing. Page 6 of 94 SAWYER COUNTY ZONING COMMITTEE STATEMENT OF COMMITTEE HEARING AND PROCEDURE AND STATEMENT OF HEARING NOTICE This Sawyer County Zoning Committee ("Zoning Committee") meeting is being held this day and will be called to order at approximately 8:30 a.m. in the Sawyer County Courthouse, 10610 Main Street, Hayward, Wisconsin. This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is for the public's reference and supplements on the statements on the record under Agenda Item No. 1, "Preliminary Matters." This Statement of Committee Hearing and Procedure and Statement of Hearing Notice is incorporated into the record of today's Zoning Committee meeting. Nothing in this Statement of Committee Hearing and Procedure and Statement of Hearing Notice modifies or otherwise limits the provisions set forth in the Wisconsin Statutes and other applicable law. Any persons requiring assistance with this may contact the Sawyer County Zoning Administrator or request assistance at the Zoning Committee meeting during public comments. Statement of Committee Hearing and Procedure Individual Public Hearing: Generally, each application requiring a public hearing shall have an individual public hearing conducted just prior to the Agenda item in which the Zoning Committee may take action. Public Hearing Process: Each public hearing conducted at this Zoning Committee meeting will follow this order: (1) presentation of a summary of the petition set forth in the application or request; (2) submission of a file to the Zoning Committee; and (3) the applicant's statements (or the applicant's representative's statements) and presentation of evidence; (4) public testimony by persons desiring to give pertinent testimony (a "Speaker") in support of the application; (5) public testimony by Speakers in objection to the application; and (6) any rebuttal as permitted by the Zoning Committee Chair. Once the Zoning Committee has the pertinent information, the public hearing will be closed and thereafter the Zoning Committee may deliberate, discuss, pose questions to the Sawyer County staff, legal counsel or the applicant, and take action on the application within the Zoning Committee's discretion. Hearing Appearance Slip: For all hearings to be conducted at today's Zoning Committee meeting, any Speaker desiring to give pertinent testimony will be afforded to opportunity to do so. A Speaker must complete a Hearing Appearance Slip, which is provided at this meeting next to the meeting Agenda. After completion, the Speaker shall deliver the Hearing Appearance Slip to the Zoning Committee Chair prior to the commencement of the Zoning Committee meeting. Process and Guidelines for Testimony by Speakers: Prior to speaking, the Speaker must be recognized by the Zoning Committee Chair in order to speak. Once recognized by the Zoning Committee Chair, the Speaker must state their full name and address before giving testimony. The Speaker should also state whether the Speaker represents a client, group, or other association, whether the Speaker is in favor or opposes the proposal on which the testimony is being given, and other pertinent information. Speakers should confine their testimony to the faets and matters presented. Speakers should avoid repetitive testimony, and Speakers are encouraged to state that they agree or disagree with other comments to avoid repetitive testimony. A Speaker's testimony will be limited to three (3) minutes, unless additional time is provided for by the Zoning Committee Chair. Orderly procedures require that each Speaker proceeds without interruption by others. All testimony will be addressed to the Zoning Committee and there will be no questions or arguments between individuals. The Zoning Committee is under no obligation to answer questions posed by the Speaker during the public hearing. lof2 Page 7 of 94 Applications for Rezoning: On applications for a change in zoning designation of property, the decision of the Zoning Committee is a recommendation to the Sawyer County Board of Supervisors for final determination and action. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.69 or any other applicable law. Appeal of Certain Decisions: Any person aggrieved by a decision regarding a conditional use or any other decision in which the County Zoning Committee is the decision making body, a person may commence an action with the Sawyer County Board of Appeals to review the Zoning Committee's decision in whole or in part, within 30 days of the date following the committee's decision letter. This provision does not modify or otherwise limit the provisions set forth in Wis. Stat. § 59.694. Statement of Hearing Notice Each public hearing conducted at this Zoning Committee meeting has been published as a Class 2 notice in accordance with Wisconsin Statutes Ch. 985 in the Sawyer County Record and the Sawyer County Gazette, and publically posted within the Sawyer County Courthouse. Questions Please contact the Sawyer County Zoning Administrator should you have any questions regarding this Statement of Committee Hearing and Procedure and Statement of Hearing. 2 of 2 Page 8 of 94 1 MINUTES OF PUBLIC HEARING Sawyer County Zoning Committee January 16, 202 ZONING COMMITTEE MEMBERS Ronald Buckholtz, Chairman Tweed Shuman, Vice Chairman Kay Wilson Marshal Savitski Steve Kariainen Dale Magnuson ZONING ADMINISTRATION Jay Kozlowski, Zoning & Conservation Administrator Kathy Marks, Deputy Zoning & Conservation Administrator PRELIMINARY MATTERS a) Call to Order and Roll Call Buckholtz called the Public Hearing before the Sawyer County Zoning Committee to order at 8:35AM in the Sawyer County Courthouse, 10610 Main St. Hayward, Wisconsin. Roll Call finds: Buckholtz, Shuman, Wilson, Savitski and Kariainen. Magnuson-absent. From the Zoning Office: Kozlowski and Marks. Legal counsel, Rebecca Roeker for Sawyer County – virtual. b) Pledge of Allegiance. c) Statement of Committee and Hearing Procedure and Statement of Hearing Notice. Those persons wishing to speak will be afforded the opportunity provided they identify themselves. The Public Hearing Notice was published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record and Sawyer County Gazette on December 31, 2025 & January 7, 2026. d) Approval of previous Meeting Minutes. Motion by Kariainen to approve the December 19, 2025 Zoning Committee minutes. Second by Shuman. All in favor. e) Public Comment. Linda Zillmer. Town of Edgewater property owner comments. REZONE APPLICATION a) A Public Hearing in the Town of Meadowbrook. RZN #26-001. Owner: Carter Land & Cayden Thompson. Part of the NWSW ¼, Lot 1 CSM 39-231 #8897’ S03, T37N, R06W; Tax ID #45485; Parcel #016-637-03-3204; 5.72 total acres; Zoned Forestry One (F-1). Purpose of Request is to rezone from Forestry One (F-1) parcel to Agricultural One (A-1) to be able to have a couple beef cattle on the property along with chickens. Town of Meadowbrook will hear this case at a later date. Kozlowski reads the application, and staff report. No opinions were returned. Buckholtz abstains. Shuman will Vice Chair this case. Motion to open the public hearing portion of the application by Savitski, second by Kariainen. Robert Thompson representative speaks in favor of the application. Discussion is held with Committee. No other comments. Motion to close the public hearing portion of the application by Savitski, second by Wilson. All in favor. Kozlowski reads the discussion/action portion of the application. Motion by Kariainen to approve Page 9 of 94 2 the application with findings of fact: 1) Encourage planned & orderly land use development. 2) Recognize the needs of agricultural, forestry, industry & business in future growth. 3) Encourage uses of land and other natural resources which are in accordance with their character & adaptability. Second by Wilson & add approval with Town approval. No other Comments. Roll call finds: Wilson – yes, Shuman – yes, Savitski – yes, Kariainen – yes. All in favor. b) A Public Hearing in the Town of Hunter. RZN #26-002. Owner: Thomas & Jean Carr. Part of the N ½ of the NW; S09, T40N, R06W; Tax ID #13857; Parcel #012-640-09- 2103; 3.5 total acres; Zoned Residential/Recreational One (RR-1). Purpose of Request is to rezone from Residential/Recreational One (RR-1) to Commercial One (C-1) to be able to have storage units. Kozlowski reads the application & staff report. The Town tabled the application, there was (1) opinion letter that was emailed to members to read, which they did. Rebecca Roeker, legal counsel advises. Motion to open the public hearing portion of the application by Wilson, second by Shuman. All in favor. Owners Thomas and Jean Carr speak in favor of the application. Discussion with Committee & Kozlowski held. Linda Zillmer has concerns. No other comments. Magnuson attends meeting at 9am. Motion to close the public hearing portion of the application by Shuman, second by Wilson. All in favor. Kozlowski reads the discussion/action portion of the application Motion by Shuman to postpone the application until the February meeting, until the Town of Hunter can make a decision. Second by Kariainen. All in favor. c) A Public Hearing in the Town of Round Lake. RZN #26-003. Owner: Nicholas Sokup & Mitch Sokup. Part of the SENW, Lot 2 CSM 30/32 #7508; S02, T41N, R07W; Tax ID #39750; Parcel #024-741-02-2408; .640 total acres; Zoned Commercial One (C-1). Purpose of request is to rezone from Commercial One (C-1) to Residential/Recreational One (RR-1) to make the existing structure into a habitable family cabin. Kozlowski reads the application, staff report, and Town’s denial, no opinion letters returned. Kozlowski informs the members that Nicholas Sokup has withdrew this application. Motion by Shuman to accept the withdraw, second by Kariainen. All in favor. d) A Public Hearing in the Town of Meadowbrook. RZN #26-004. Owner: Stephen & Marisha Schletty. Part of the SWSW; S03, T37N, R06W; Tax ID #3987; Parcel #016- 637-03-3303; 37.47 total acres; Zoned Forestry One (F-1). Purpose of request is to rezone from Forestry One (F-1) to Agricultural One (A-1) to conform with farm use, hay harvest and eventually to add livestock. Kozlowski reads the application and staff report. Town of Meadowbrook will hear this case at a later date. There were no opinion letters returned. Buckholtz abstains. Shuman Vice Chairs this case. Motion by Kariainen to open the Public Hearing portion of the application, second by Wilson. All in favor. Owners Stephen & Marisha Schletty speak in favor of the application. Discussion with Committee held. No other comments. Motion to close the public hearing portion by Savitski, second by Kariainen. All in favor. Kozlowski reads the discussion/action portion of the application. Motion by Kariainen to approve the application with Findings of Fact: 1) Promote the public health, safety, convenience and general welfare. 2) Encourage planned and orderly land use development. 3) Permit the careful planning and efficient maintenance of highway systems. 4) Recognize the needs of agricultural, forestry, industry and business in future growth. 5) Encourage uses of land and other natural resources which are in accordance with their character and adaptability. 6) Provide Page 10 of 94 3 healthy surroundings for family life. And with effectiveness to occur with the approval of the Town of Meadowbrook. Second by Magnuson. Roll call finds: Shuman – yes, Magnuson – yes, Kariainen – yes, Savitski – yes, Wilson – yes. All in favor. e) A Public Hearing in the Town of Bass Lake. RZN #26-005. Owner: Matthew Winters & Justine Abel. Part of the W ½ of the NW ¼; S04, T40N, R09W; Tax ID #2764; Parcel #002-940-04-2201; 15.928 total acres; Zoned Residential/Recreational Two (RR-2). Purpose of request is to rezone approximately 8.32 acres of that land north of Spring Lake Creek from Residential/Recreational Two (RR-2) to Industrial One (I-1) to construct a storage and distribution building with rental suites and storage/distribution area for an operational tool/truck storage and distribution for a Snap-On Tool business. Kozlowski reads the application, staff report, Town denial and no opinion letters returned. Motion by Shuman to open the public hearing portion of the application by Shuman, second by Wilson. All in favor. There were no applicants present. Scott Schultz speaks against the application. No other comments. Motion to close the public hearing portion of the application. Motion by Shuman, second by Wilson. All in favor. Kozlowski reads the discussion/action portion of the application. Rebecca Roeker, legal counsel advises. Motion to deny the application by Shuman with findings of facts: 1) It would be damaging to the rights of others & property values and not in the best interest of the public. 2) It would create an air quality, water supply, or pollution problem. 3) It would create topographical problems such as runoff, drainage, erosion, flooding, or vegetative cover removal. 4) It would not be compatible with the surrounding uses and the area. Second by Wilson. Roll call finds: Buckholtz – yes, Wilson – yes, Magnuson – yes, Shuman – yes, Kariainen – yes. All in favor to deny. Buckholtz calls for a 5-minute break at 9:35am. Buckholtz calls the meeting back to order at 9:40am CONDITIONAL USE APPLICATIONS a) A Public Hearing in the Town of Bass Lake. CUP #26-001. Owner: Alan Janechek. Village of Reserve, Amended Plat Lot 1 Block 13; S05, T39N, R08W; Tax ID #1749; Parcel #002-184-13-0100; .920 total acres; Zoned Residential/Recreational One (RR-1). Permit desired for a 30’ x 40’ (32’ x 42’ with eaves) and 20’ in height accessory structure (garage). As per Sawyer County Code of Ordinances Section 4.26 (1) with automatic conditions as the request will be for an accessory structure on vacant land being granted a 3-year time frame to build a primary dwelling and proposed accessory structure will be located on the same parcel. Kozlowski reads the application, staff report, and Town recommendation. There was one opinion letter. Motion by Wilson to open the public hearing portion of the application, second by Kariainen. All in favor. Owner: Alan Janechek speaks in favor of the application and agreed to pay taxes. Linda Zillmer, Edgewater property owner speaks in favor of the application. Paul Thalker, neighbor owns a cabin nearby. Speaks of added conditions. No other comments. Motion by Shuman to close the public hearing portion of the application. Second by Magnuson. All in favor. Motion by Shuman to approve the application with conditions of: 1) Land Use Permit for (garage) accessory structure is required within 1 year of Zoning Committee approval. 2) Land Use Permit is required and applied for principal structure within 3 years from the date of Zoning Committee decision. Failure to apply will result in citation with potential order for removal of accessory building. 3) Proposed accessory structure must met all Sawyer County Zoning & Conservation requirements including setbacks and also compliant with all other State & Federal Laws. 4) Size of accessory structure is not to exceed 1200 sq. ft. and is less than 20’ in height. 5) No habitable living area is Page 11 of 94 4 allowed within accessory structure. 6) No commercial use allowed. 6) Taxes will be paid before issuing the Land Use Permit. Second by Magnuson. Rebecca Roeker, legal counsel advises. Applicant agrees to all conditions. Findings of Fact: 1) Encourage planned and orderly land use development. 2) Protect property values and the property tax base. 3) Recognize the needs of agricultural, forest, industry and business in future growth. 4) Encourage uses of land and other natural resources which are in accordance with their character and adaptability. 5) Provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy. 6) Encourage the protection of groundwater resources. 7) Preserve wetlands. 8) Conserve soil, water and forest resources. 9) Protect the beauty and amenities of landscape and man-made development. 10) Provide healthy surroundings for family life. Roll call finds: Buckholtz – yes, Wilson – yes, Magnuson – yes, Shuman – yes, Kariainen – yes. All in favor. b) A Public Hearing in the Town of Round Lake. CUP #26-002. Owner: Chad & Robyn Steffens. Part of the SWSE, Lot 7 CSM 18/101 #5427; S11, T41N, R08W; Tax ID #26567; Parcel #024-841-11-4307; 5.714 total acres; Zoned Residential/Recreational One (RR-1). Purpose of request is for a 10’ x 16’ accessory structure (shed) on vacant lot. (The shed is existing on the property and was purchased this way by the current owner). As per Sawyer County Code of Ordinances Section 4.26 (1) with automatic conditions as the request will be for an accessory structure on vacant land being granted a 3-year time frame to build a primary dwelling. Kozlowski reads the application, staff report, Town recommendation, there were no opinion letters returned. Motion by Wilson to open the public hearing portion of the application, second by Magnuson. All in favor. Owners: Chad & Robyn Steffens speak in favor of the application. No other comments. Motion by Shuman to close the public hearing portion of the application, second by Magnuson. All in favor. Kozlowski reads the discussion/action portion of the application. No discussion., Motion by Magnuson to approve the application with conditions of: 1) Land Use Permit for (shed) accessory structure is still required if CUP is approved and is required within 60 days of Zoning Committee approval. The after-the-fact fee will be waived and will require an additional $50 fee with Land Use Permit submittal. 2) Land Use Permit is required and applied for principal structure within 3 years from date of Zoning Committee decision. Failure to apply will result in citation with potential order for removal of accessory building. 3) Proposed accessory structure must me all other Sawyer County Zoning & Conservation requirements including setbacks and also compliant with all other State & Federal Laws. 4) Size of accessory structure is not to exceed 160 sq ft and is less than 14’ in height. 5) No habitable living area is allowed within accessory structure. Findings of Fact: 1) Promote the public health, safety, convenience and general welfare. 2) Encourage planned & orderly land use development. 3) Protect property values & the property tax base. 4) Encourage uses of land & other natural resources which are in accordance with their character & adaptability. Second by Kariainen. No other comments. Roll Call finds: Kariainen – yes, Wilson – yes, Buckholtz – yes, Magnuson – yes, Shuman – yes. All in favor. PLAT REVIEW a) Joseph Larson Certified Survey Map over existing County Plat. Requires Zoning Committee acceptance, conditional acceptance or rejection. Kozlowski explains the Page 12 of 94 5 Certified Survey over the Plat. It has Town of Edgewater approval and signed. Motion by Shuman to approve the Certified Survey, second by Wilson. No discussion. Roll Call finds: 1) Wilson, Buckholtz – yes, Shuman – yes, Magnuson – yes, Kariainen – yes. All in favor NEW BUSINESS a) CUP 25-052 - Anton Pfendt – (tabled from December Zoning Committee to now be heard on February 20, 2026 as Town has not met on the matter) (no additional action needed). Kozlowski informs the Committee that this case will be heard by the Town of Bass Lake. Anticipated in February. b) Solar & Battery Energy System Ordinance. Kozlowski explains the changes in the Solar & Battery Energy Ordinance. Discussion held with Committee. It will be brought back to the Committee in February. Rebecca Roeker, Legal Counsel advises. Discussion held. Motion by Shuman to have Legal look over the changes of the Ordinance, Second by Magnuson. No other discussion. All in favor. c) Draft Amendment for “Apartment Complexes” within the C-1 Zone District as a Conditional Use Permit and “Bakery” within the A-1 and A-2 Zone Districts as a Conditional Use Permit. Town recommendation review. Kozlowski informs the Committee of the Town decisions. Discussion held. Kozlowski will bring back next month with the suggestions. e) Kariainen suggests to see that before a Land Use Permit is approved that a check for back taxes be paid. Discussion with Committee. Rebecca Roeker, Legal Counsel advises. Kozlowski will put on the list for the Comprehensive rewrite. Magnuson leaves at 10:50am f) Any other business that may come before the Committee for discussion. None. Buckholtz adjourned meeting at 10:52am Minutes prepared by: Kathy Marks, Deputy Zoning Administrator. Page 13 of 94 Page 14 of 94 Page 15 of 94 Page 16 of 94 Page 17 of 94 Page 18 of 94 Page 19 of 94 Page 20 of 94 Page 21 of 94 Page 22 of 94 Page 23 of 94 Page 24 of 94 Page 25 of 94 Page 26 of 94 Page 27 of 94 Page 28 of 94 Page 29 of 94 Page 30 of 94 Page 31 of 94 Page 32 of 94 Page 33 of 94 Page 34 of 94 Page 35 of 94 Page 36 of 94 Page 37 of 94 Page 38 of 94 Page 39 of 94 Page 40 of 94 Page 41 of 94 Page 42 of 94 Page 43 of 94 Page 44 of 94 Page 45 of 94 Page 46 of 94 Page 47 of 94 Page 48 of 94 Page 49 of 94 Page 50 of 94 Page 51 of 94 Page 52 of 94 Page 53 of 94 Page 54 of 94 Page 55 of 94 Page 56 of 94 Page 57 of 94 Page 58 of 94 Page 59 of 94 Page 60 of 94 Page 61 of 94 Page 62 of 94 Page 63 of 94 Page 64 of 94 Page 65 of 94 Page 66 of 94 Page 67 of 94 Page 68 of 94 Page 69 of 94 Page 70 of 94 Page 71 of 94 Page 72 of 94 Page 73 of 94 Page 74 of 94 Page 75 of 94 Page 76 of 94 Page 77 of 94 Page 78 of 94 Page 79 of 94 Page 80 of 94 Page 81 of 94 Page 82 of 94 1 Sawyer County Solar Energy Systems Ordinance V2 Section 1. Purpose, Intent and Authority A. The purpose of this ordinance is to establish clear, consistent, and enforceable standards for the siting, development, operation, and decommissioning of solar energy systems and battery energy storage systems in Sawyer County B. The intent of this ordinance is to adopt and incorporate the requirements and standards set forth in Wis. Stat. § 66.0401 and Wis. Stat. § 66.0403, to preserve and protect the public health or safety while ensuring that the ordinance restrictions do not significantly increase the cost of the system, do not significantly decrease the system’s efficiency, and the ordinance restrictions allow for an alternative system of comparable cost and efficiency. The ordinance is intended to require a case by case approach regulatory scheme, thereby allowing uniform development while also considering the particular characteristics of a proposed solar energy system. The ordinance prioritizes regulation of community-scale, mid-scale, and large-scale solar energy systems while maintaining streamlined allowances for personal-use (accessory) solar energy systems. C. This ordinance is adopted pursuant to Sawyer County’s zoning authority under Wis. Stat. §§ 59.69, 66.0401, and 66.0403, and are intended to protect public health, safety, welfare, agricultural resources, natural resources, infrastructure, and community character, while allowing responsible renewable energy development, as more particularly described in this ordinance. Section 2. Applicability This ordinance applies to all solar energy systems and battery energy storage systems (BESS) located within Sawyer County, subject to applicable state and federal law. Where state or federal law preempts county regulation, such law shall control. This ordinance shall not apply to solar energy systems lawfully installed prior to the effective date of this ordinance, except for decommissioning and safety provisions. Section 3. Definitions For purposes of this ordinance, the following terms shall have the meanings indicated. Where terms are not defined herein, they shall be interpreted consistently with common usage, other provisions of the Sawyer County Zoning Ordinance, and applicable Wisconsin Statutes. 1. Abandonment: The cessation of operation of a solar energy system for a continuous period of twelve (12) months or more. 2. Accessory Solar Energy System: A solar energy system that is clearly incidental and subordinate to a permitted principal use on the same parcel, is designed primarily to offset on- site electricity consumption, and is not intended for commercial use, energy sales, or off-site distribution as its main function. An accessory solar energy system shall have a maximum nameplate capacity of less than fifty (50) kilowatts, shall not be established on a parcel without Page 83 of 94 2 an existing principal structure, and shall not be operated as a principal use, community-scale, mid-scale, or large-scale solar energy system. 3. Agrivoltaics: The co-location of solar energy generation with agricultural activities, including but not limited to crop production, grazing, pollinator habitat, apiaries, or other agricultural uses compatible with solar infrastructure. 4. Battery Energy Storage System (BESS): One or more devices, systems, or facilities that store electrical energy for later use through chemical, mechanical, or other means. A BESS may be integrated co-located with a solar energy system or developed as a standalone facility and shall be regulated as a principal use. 5. Community-Scale Solar Energy System: A solar energy system occupying less than twenty (20) acres, regulated as a principal use, and designed primarily to provide electricity to a defined local community, development, group of subscribers, public facility, or cooperative within Sawyer County. Community-scale solar energy systems are not intended primarily for wholesale electric generation. 6. Decommissioning: The removal of all solar energy system components and restoration of the site to a condition compatible with surrounding land uses. 7. Floodplain: Any area designated as a floodplain pursuant to county, state, or federal regulation. 8. Glare: The reflection of sunlight from solar panels that causes visual discomfort or impairment to motorists, pilots, or neighboring properties. 9. Ground-Mounted Accessory Solar Energy System: An accessory solar energy system mounted on the ground or on poles and serving a principal use on the same parcel. 10. Large-Scale Solar Energy System: A solar energy system with a nameplate capacity greater than one hundred (100) megawatts. 11. Mid-Scale Solar Energy System: A ground-mounted solar energy system that occupies more than one (1) acre of land or has a nameplate capacity greater than fifty (50) kilowatts, but does not meet the definition of a Large-Scale Solar Energy System. 12. PSCW: The Public Service Commission of Wisconsin. 13 Roof-Mounted Accessory Solar Energy System: An accessory solar energy system mounted on a roof that is not a structural component of the building and does not increase the height of the structure. 14. Solar Array / Collector: One or more photovoltaic panels and related mounting structures used to collect solar energy. 15. Solar Energy System: Equipment that directly converts and then transfers solar energy into useable forms of thermal or electrical energy. A solar energy system includes solar collectors, frames, supports, mounting hardware, battery storage equipment, convertors, or invertors. 16. Viewshed: The area visible from a particular vantage point, including public roadways and residential properties. Page 84 of 94 3 Section 4. Use and Permit Requirements A. Accessory Solar Energy Systems 1. Roof-mounted accessory solar energy systems are permitted in all zoning districts and do not require a county permit, provided the system is not a structural component and does not increase building height. If the roof-mounted array is a structural component or does increase the building height a Land Use Permit is required. 2. Ground-mounted accessory solar energy systems are permitted in all zoning districts as accessory structures and require a Land Use Permit with applicable setbacks per accessory structures of that zone district. Accessory structures are not allowed on vacant property unless the requirements under Sawyer County Code of Ordinance – Appendix D - Section 4.26 can be met. B. Community-Scale Solar Energy Systems Community-scale solar energy systems are principal uses and may be permitted only by Conditional Use Permit in all zoning districts, subject to the standards of this ordinance. Community-scale solar energy systems shall be less than 20 acres in size. C. Mid-Scale Solar Energy Systems Mid-scale solar energy systems are permitted as a conditional use and require issuance of a conditional use permit in the following zoning districts: (a) Agricultural-One (A-1); (b) Agricultural-Two (A-2); (c) Commercial-One (C-1); and (d) Industrial-One (I-1). D. Large-Scale Solar Energy Systems Large-scale solar energy systems are permitted in the following zoning districts and upon issuance of a certificate of public convenience and necessity under Wis. Stat. §196.491 by the PSCW: (a) Agricultural-One (A-1); (b)Agricultural-Two (A-2); (c) Commercial-One (C-1); and (d) Industrial-One (I-1). E. Battery Energy Storage Systems (BESS) Battery Energy Storage Systems are permitted as a conditional use and require issuance of a conditional use permit in the following zoning districts: (a) Agricultural-One (A-1); (b) Agricultural-Two (A-2); (c) Commercial-One (C-1); (d) Industrial-One (I-1); and (e) Forestry- One (F-1). Section 5. General Standards for Solar Energy Systems and BESS. 1. Solar energy systems and BESS shall comply with applicable building, electrical, fire, and safety codes. 2. Solar energy systems and BESS shall not be located within regulated floodplains or designated wetlands. 3. Solar energy systems shall be designed to minimize glare impacts on adjacent properties and public roadways. 4. Emergency access and system labeling shall be provided as required by applicable codes. 5. Coordination with electric utilities shall be required prior to interconnection. Page 85 of 94 4 6. Facility identification signage is required with 24/7 emergency contact information. 7. An owner or operator shall compensate the County for any damage, destruction or other expenses incurred as a result of the construction, operation or decommissioning of any Solar Energy System or BESS. 8. The County shall not be responsible or have any obligation for the performance, coordination, oversight, accounting or other involvement with any portion or all of the construction, maintenance, operation or decommissioning or any portion or all of the solar energy system or BESS. If the County is ordered to participate in any portion of the solar energy system or BESS construction, maintenance, operation or decommissioning, whether by court order, the PSCW, or other applicable law, or the County otherwise incurs any costs or expenses associated with any part of the solar energy system or BESS construction, maintenance, operation or decommissioning, the owner shall reimburse the County for all the County’s actual costs and expenses incurred. In the event the County incurs costs or expenses relating to the decommissioning of a Solar Energy System or BESS, the amount owed pursuant to this Section ______ shall be offset by any amounts actually received by the County from the financial assurance described in Section_____. Section 6. Siting Requirements and Design Standards for Community-Scale and Mid-Scale Solar Energy Systems 1. Setbacks: Minimum 250 feet from residential dwellings and 150 feet from public road rights-of-way. 2. Height: Maximum array height of eighteen (18) feet at maximum tilt. 3. Screening: Screening shall be required where necessary to mitigate visual impacts on residences or public roadways. 4. Fencing: Perimeter fencing shall be required and shall utilize wildlife-friendly designs. 5. Screening and Visual Impacts: Visual screening shall be required where a Community- Scale Solar Energy System or Mid-Scale Solar Energy Storage System is visible from a public roadway or any property containing a residence. Screening may include vegetative buffers, fencing, berms, architectural treatments, or a combination thereof, as approved by the County Zoning Committee. 6. Fire Safety and Emergency Access a. Any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System shall comply with all applicable state and local fire codes, building codes, and manufacturer safety standards. b. Site plans shall clearly identify emergency access routes, fire apparatus access, and required clearances. c. The applicant shall provide documentation demonstrating coordination with local emergency responders prior to final approval of the conditional use permit. 7. Emergency Response Plan a. An Emergency Response Plan shall be submitted as part of the conditional use permit application for any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System. Page 86 of 94 5 b. The Emergency Response Plan shall include, at a minimum: 1. Identification of potential hazards associated with the Battery Energy Storage System. 2. Emergency shutdown and isolation procedures. 3. Fire suppression, containment, and mitigation measures. 4. On-site and off-site emergency contact information. 5. Procedures for coordination with local emergency responders. c. The Emergency Response Plan shall be updated as necessary to reflect material changes to the facility or applicable safety standards. 8. Noise Any Community-Scale Solar Energy System or Mid-Scale Solar Energy Storage System shall comply with applicable County noise standards. Any cooling, ventilation, or operational noise shall be mitigated to prevent adverse impacts on neighboring properties. 9. Lighting Lighting associated with any Community-Scale Solar Energy System or Mid-Scale Solar Energy System shall be limited to safety and security purposes. All lighting shall be fully shielded and directed downward to minimize off-site impacts. Section 6A. Siting and Design Standards for Battery Energy Storage Systems (BESS) 1. Applicability The standards of this section apply to all Battery Energy Storage Systems (BESS) permitted as a conditional use , whether developed as a standalone facility or integrated with a solar energy system. 2. Setbacks a. Minimum five hundred (500) feet from residential dwellings. b. Minimum one hundred (100) feet from public road rights-of-way. c. Minimum fifty (50) feet from boundary of the solar energy project site, unless increased as a condition of approval of a conditional use permit. 3. Location Restrictions Battery Energy Storage Systems shall not be located within: a. Regulated floodplains b. Designated wetlands 4. Height The maximum height of any Battery Energy Storage System structure shall not exceed twenty (20) feet, unless increased as a condition of approval of a conditional use permit. 5. Screening and Visual Impacts Visual screening shall be required where a Battery Energy Storage System is visible from public roadways or properties containing a residence. Screening may include vegetative buffers, fencing, berms, architectural treatments, or a combination thereof, as approved by the Zoning Committee. Page 87 of 94 6 6. Fire Safety and Emergency Access a. Battery Energy Storage Systems shall comply with all applicable state and local fire codes, building codes, and manufacturer safety standards. b. Site plans shall clearly identify emergency access routes, fire apparatus access, and required clearances. c. The applicant shall provide documentation demonstrating coordination with local emergency responders prior to final approval of the conditional use permit. 7. Emergency Response Plan a. An Emergency Response Plan shall be submitted as part of the conditional use permit application. b. The Emergency Response Plan shall include, at a minimum, all of the following: 1. Identification of potential hazards associated with the Battery Energy Storage System. 2. Emergency shutdown and isolation procedures. 3. Fire suppression, containment, and mitigation measures. 4. On-site and off-site emergency contact information. 5. Procedures for coordination with local emergency responders. c. The Emergency Response Plan shall be updated as necessary to reflect material changes to the facility or applicable safety standards. 8. Noise Battery Energy Storage Systems shall comply with applicable county noise standards. Any cooling, ventilation, or operational noise shall be mitigated to prevent adverse impacts on neighboring properties. 9. Lighting Lighting associated with Battery Energy Storage Systems shall be limited to safety and security purposes. All lighting shall be fully shielded and directed downward to minimize off-site impacts. 10. Decommissioning Battery Energy Storage Systems shall be included in the project’s decommissioning plan. Disposal and recycling of batteries shall comply with all applicable state and federal regulations. Section 7. Agricultural and Rural Land Protections 1. A site and soil assessment identifying prime farmland soils shall be required for community-scale, mid-scale, and large-scale solar energy systems. 2. Use of prime farmland soils shall be avoided or minimized where feasible. 3. Optional mitigation measures may include agrivoltaics, conservation easements, interim land use designation, or equivalent measures approved by the County Zoning Committee. Page 88 of 94 7 4. Drainage infrastructure shall be identified and protected. Damaged systems shall be repaired at the solar energy system’s owner’s expense. 5. Sites shall be maintained in perennial vegetative cover throughout operation. Section 8. Application and Review Procedures and Requirements A. Conditional Use Permit Requirement 1. Mid-Scale Solar Energy Systems require a conditional use permit prior to installation, construction, or expansion. 2. Community-Scale Solar Energy Systems require a conditional use permit prior to installation, construction, or expansion. 3. Battery Energy Storage Systems require a conditional use permit prior to installation, construction, or expansion. 4. Each conditional use permit may require a conditional use agreement between the solar energy system owner, operator and the County to memorize the terms and conditions of the conditional use permit approval. B. Joint Development Agreement. 1. Prior to the start of construction of a Large Scale Solar Energy System, the owner, operator, and County shall enter into a mutually-agreeable Joint Development Agreement to address mitigation of the impacts of the Large Scale Solar Energy System on surrounding properties and the community. The Joint Development Agreement shall be reviewed by the County Zoning Committee and approved by the Sawyer County Board of Supervisors. The Joint Development Agreement shall address mitigation of a Large Scale Solar Energy System’s impact, including but not limited to the following: a. Road use, pre-construction and construction routes, repair and maintenance of county highways and permit requirements for road usage, weight, and access, and repair obligations. b. Setbacks. c. Height restrictions for equipment, buildings and other facilities. d. Fencing. e. Hazard mitigation and a hazard mitigation plan. f. Emergency preparedness, emergency response, and an emergency response plan. g. Decommissioning requirements, financial assurances, and decommissioning obligations. h. Wildlife accommodation considerations. i. Erosion control measures, stormwater runoff measures and drainage requirements. j. Buffers and screening. k. Tree removal, ground cover, and topsoil removal. Page 89 of 94 8 l. Agricultural protection and restoration. m. Assignment of interest and ongoing owner and operator obligations. n. Compensation to the County for expenses, reimbursement of fees, and indemnification of the County and its officials, agents, employees and representatives. o. Insurance requirements. p. Construction schedule and construction hours of operation. q. Vegetation management. r. Sound impacts. s. Glare reduction and mitigation. t. Dust control. u. Geological considerations. v. Water resource considerations. w. Project site security. x. Recreational trail and route accommodation. y. Compliance with all in accordance with applicable Federal, State, and local laws, regulations, orders, directives, and rules not otherwise preempted by state law. C. Application Requirements 1. An application for a Conditional Use Permit for a Mid-Scale Solar Energy, Large-Scale Solar Energy System, Community-Scale Solar Energy System, and BESS shall include the following, as applicable: a. Site plan with all existing and proposed improvements, structures, topography, fencing, utilities, components, wetlands, waterways, drainage features, floodplain, roads, access points, and setbacks. b. Proposed construction transportation routes and equipment. c. Drainage plan addressing maintenance and repairs. d. Construction schedule with major milestones. e. Vegetation management plan. f. Grading plan. g. Decommissioning plan with financial assurance and recycling/disposal methods. h. Lighting plan. i. Erosion control and stormwater management plan. j. Screening plan. k. Airport notification documentation. l. Fencing plan meeting wildlife-friendly standards. Page 90 of 94 9 m. Agreements or leases with affected landowners or communities. n. Insurance. o. Additional documentation as required by the Zoning Administrator or Zoning Committee. 2. The zoning administrator may also require any other information or submissions that may be reasonably required for the County Zoning Committee’s review of the conditional user application. C. Conditional Use Permit Review Criteria In addition to general conditional use permit review standards, the County Zoning Committee shall consider the following criteria when considering an application for a Mid-Scale Solar Energy Facility, Large-Scale Solar Energy System, Community-Scale, and BESS : 1. Dual land use and agrivoltaics where feasible. 2. Preservation of prime agricultural soils and impacts on the County Farmland Preservation Plan. 3. Construction standards and mitigation of impacts. 4. Road protection and maintenance. 5. Construction-phase financial assurance. 6. Adequacy of decommissioning and restoration plans. 7. Battery Energy Storage Systems (BESS) – Additional Review Criteria. For Conditional Use Permit applications involving a Battery Energy Storage System, the Zoning Committee shall additionally consider the following: a. Whether the proposed location, setbacks, and site design adequately protect adjacent residential property owners, public roadways, and adjacent land uses. b. Whether the proposed Battery Energy Storage System complies with applicable state and local fire codes, building codes, manufacturer safety standards, and standards set forth by the Public Service Commission of Wisconsin and the National Fire Protection Association. c. Whether the submitted Emergency Response Plan provides reasonable and adequate procedures for emergency shutdown, fire suppression, hazard mitigation, and coordination with local emergency responders. e. Whether proposed screening, lighting, and noise mitigation measures are sufficient to minimize visual, noise, and operational impacts on neighboring properties. f. Whether the proposed decommissioning plan and financial assurance adequately provide for the safe removal, disposal, or recycling of battery components at the end of the facility’s useful life. Page 91 of 94 10 Section 9. Decommissioning and Financial Assurance A. Decommissioning Requirements. 1. A decommissioning plan with potential recycling plan is required for all BESS, Community Scale Solar Energy System, Mid-Scale Solar Energy System and Large- Scale Solar Energy Systems. 2. Decommissioning is required upon abandonment or cessation of any operations for twelve (12) months. 3. All equipment and infrastructure shall be removed from the project site and the entire solar energy system site restored as required by the conditional use permit or joint development agreement. All solar equipment must be decommissioned and disposed of in accordance with applicable Federal, State, and local laws, regulations, orders, directives and rules. 4. Under no circumstances shall any portion of the solar energy system, facilities, or equipment be buried on or adjacent to the project site as part of the decommissioning. B. Financial Assurance Requirements. 1. Financial assurance shall be provided prior to construction. The decommissioning cost estimate shall match the financial assurance and be prepared by a qualified, independent professional, including but not limited to a Wisconsin-licensed professional engineer, certified professional estimator, or other individual with demonstrated experience in utility-scale solar or battery energy storage system decommissioning. The estimate shall include all costs associated with removal of facilities, site restoration, disposal or recycling of materials, and any related labor, equipment, and transportation costs. The Zoning Administrator may retain, at the applicant’s expense, an independent third-party professional to review the decommissioning cost estimate for reasonableness and completeness and reviewed. 2. Financial assurance for decommissioning shall be reviewed and, if necessary, updated at least once every five (5) years, or more frequently if required by the County Zoning Administrator due to: a. Changes in project scope or size; b. Material changes in decommissioning methodology; c. Inflation or demonstrated increases in decommissioning costs; or d. Modifications to applicable state or federal requirements. 3. Insufficient Financial Assurance. If the County determines that financial assurance is insufficient to cover the updated decommissioning cost estimate, the owner or operator shall, within ninety (90) days of written notice, provide additional financial assurance in an amount sufficient to cover the revised estimate. Failure to provide updated financial Page 92 of 94 11 assurance within the required timeframe shall constitute a violation of this ordinance and may result in enforcement action under Section 10. Sawyer County shall not be responsible for any decommissioning costs exceeding the amount of financial assurance provided. Section 10. Enforcement Violations of this ordinance or permit conditions shall be enforced under the Sawyer County Code of Ordinances. Section 11. Severability If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions. Section 12. Effective Date This ordinance shall take effect upon adoption and publication as provided by law. Page 93 of 94 Proposed Amendment to Sawyer County Zoning Ordinance for Apartment(s) and Data Center(s) Sawyer County Code of Ordinances – Appendix D Section 2.0 Definitions (7) Apartment: A self-contained dwelling unit within a building that houses multiple units, intended for use by one family and providing facilities for living, cooking, sleeping, and sanitation. The rental of an apartment unit must be greater than 30 consecutive days. (23) Data Center: A physical facility used to house computing infrastructure, storage systems, networking equipment, and associated components to store, manage, and deliver digital data and applications. Section 17.6 - C-1: Commercial - One District B) Uses authorized by Conditional Use. 13) Apartments; provided that each apartment unit contains a minimum of 10,000 sq ft of land area within the Commercial-One District. Prohibited within the Shoreland District. Section 17.7 - I-1: Industrial - One District B) Uses authorized by Conditional Use. 13) Data Center; provided that there are at least 160 acres of land and prohibited within the Shoreline District. A minimum of 160 acres is due to the following: a) Adequate separation distances between mechanical equipment and neighboring residences to mitigate noise, vibration, and light impacts associated with 24-hour operations. b) Accommodate required electrical substations, transmission interconnection facilities, and associated utility corridors. c) Allow on-site stormwater infiltration and groundwater protection measures due to the large amount of impervious surface. d) Security perimeters and emergency response access around critical infrastructure. e) Allow for vegetative buffers, berms, and screening sufficient to maintain rural character and minimize visual impacts. f) Ensure adequate setbacks from adjacent properties, public roads, and environmentally sensitive areas. g) Prevent piecemeal expansion and land use conflicts with agricultural and residential uses. Page 94 of 94