Minutes of Public Hearing
March 1, 2017
Town of Spider Lake
Sawyer County, WI
The purpose of the Public Hearing is to obtain public input regarding proposed Text Amendments to the Town of Spider Lake Land Use Ordinance #17-88 for Short-Term Rentals and Tourist Rooming Houses and for the Plan & Review Commission to consider making a recommendation to the Town Board to adopt said amendments. Proposed amendments are attached.
The hearing was called to order by Hucker at 6:01 P.M. Commission members in attendance were Hucker, Brandt, Cerman, Ross & Mazik as well as Zoning Administrator Boss. It was noted that there was a quorum for the public hearing. Hucker reminded everyone to sign in for the hearing and noted that the public notice will be attached to the minutes. The meeting was put on hold to wait for any additional persons that may wish to speak. The meeting was back on record at 6:10 PM. The hearing was opened for public comment. With no one wishing to speak, Hucker closed the public comment section of the meeting to move ahead to deliberation. Hucker is of the understanding that the County has passed its version of regulations as it relates to the licensing of Short-Term Rentals. Motion was made by Mazik and 2nd by Cerman to make a recommendation to the Town Board by the Plan & Review Commission to adopt the proposed changes to the zoning ordinance as reflected in the public notice that will be attached to these minutes. Ross inquired whether or not Short-Term Rentals will be allowed in RR-2. Hucker answered yes, by conditional use permit. All in favor. Motion carried.
The public hearing was concluded at 6:15 PM.
NOTICE OF PUBLIC HEARING
TOWN OF SPIDER LAKE PLAN AND REVIEW COMMISSION
SAWYER CO, WI
NOTICE IS HEREBY GIVEN that the Town of Spider Lake Plan and Review Commission will hold a Public hearing on Wednesday, March 1, 2017 at 6:00 P.M. at the Town Hall, 10896W Town Hall Rd, Hayward Wisconsin to consider making a recommendation to the Town Board to adopt proposed Text Amendments to the Town of Spider Lake Land Use Ordinance # 17-88 including the following:
2.2 Words and Definitions
SHORT-TERM RENTAL: DWELLING UNITS, DWELLING MULTIFAMILY, BOARDING HOUSES, TOURIST ROOMING HOUSE or any other structure that is rented for 30 days or less and licensed by the State of Wisconsin.
TOURIST ROOMING HOUSE: All lodging places and tourist cabins and cottages, other than resorts, hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments.
15.3 RR-2 Residential/Recreational Two District
B) Conditional Uses
Change to Read:
9) Bed and Breakfast and Short-Term Rental.
Change to Read:
Multi-dwelling development or other similar development including a condominium, hotel, motel, or resort, or other development, which in the opinion of the Plan and Review Commission are of the same general scale and character. Does not include conversion of existing properties to a different form of ownership (i.e. to condominium ownership) unless structure that would be used as dwelling units are being proposed by plat or other means that would be in addition to the existing rental dwelling units. Short Term Rental.
11) Multi-dwelling development or other similar development including a condominium, hotel, motel, or resort, or other development, which in the opinion of the Plan and Review Commission are of the same general scale and character. Does not include conversion of existing properties to a different form of ownership (i.e. to condominium ownership) unless structure that would be used as dwelling units are being proposed by plat or other means that would be in addition to the existing rental dwelling units.
12) Greenhouse and Florist.
13) Rooming House.
a) Maximum Rooming House structure/unit size shall not exceed 1000 (one thousand) square feet.
b) Shall be no more than 12 on premise seasonal employees per rooming house.
c) No more than 3 (three) bathroom facilities per rooming house.
d) No cooking or dining facilities are permitted in rooming house.
e) The intended use of a rooming house is for seasonal on premises employee and shall not be rented, leased or sold as a separate unit.
14) Alternative Or Renewable Energy Systems.
15.10 REGISTRATION OF A NONCONFORMING USE
A) There may be now or in the future certain uses of land that are not in compliance with this chapter, but which were legally established. These uses are referred to as “nonconforming uses,” are allowed to continue to operate within certain parameters. For this reason, it is necessary to document those uses that are considered nonconforming. Registration of a use as a nonconforming use provides documentary evidence establishing (i) when the use was first established; (ii) that the use at the time of establishment was done consistent with the rules and regulations in effect at the time, if any; (iii) that it has continued continuously, without cessation of more than 12 continuous months; and (iv) the nature of the use. Failure to register a nonconforming use by July 31, 2017, does not result in prohibition of the use, but in any future situation where the owner asserts the use is a nonconforming use, there shall be a rebuttable presumption that the use, if it ever existed ceased to be continued and the property owner shall have the burden of proving its existence and continuation.
B) Initiation. Any of the following may submit an application to determine whether a use should be registered as a nonconforming use:
1) a person having a financial interest in the property or in the use occurring on the property;
2) the zoning administrator;
3) the Plan and Review Commission, or any member thereof;
4) the Town Chair; or
5) the Town Board, or any member thereof.
C) Review procedure The general steps outlined below shall be used to determine if an existing use should be registered as a nonconforming use.
1) Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by Town Board resolution from time to time.
2) General notice. The Plan and Review Chair shall place the matter on the meeting agenda of the Plan and Review Commission.
3) Special notice to property owner. If the application process is not initiated by the property owner, the zoning administrator shall mail a written notice to the property owner by regular and certified mail at least 60 calendar days prior to the date of the Plan and Review Commission meeting. Such notice shall invite the property owner to submit evidence relating to the pending determination. In addition, the notice shall state (i) the reasons why the application has been submitted; (ii) the date and time of the meeting; (iii) contact information for the zoning administrator,
including telephone number; and (iv) other information deemed appropriate by the zoning administrator.
4) Meeting. Allowing for proper notice, the Plan and Review Commission shall consider the application at a regular or special meeting.
5) Decision. The Plan and Review Commission shall determine whether it has sufficient evidence to make a decision, and if so whether the use should or should not be classified as a nonconforming use. The Plan and Review Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 calendar days after the date of the initial meeting unless the applicant agrees to an extension of a specified duration.
6) Preparation of decision document. Based on the action of the Plan and Review Commission, the zoning administrator shall within 15 calendar days of such decision prepare a decision document consistent with this division.
7) Applicant notification. Within a reasonable time following the Plan Commission’s decision, the administrator shall mail the decision document to the property owner by regular mail.
8) Public record copy. A duplicate copy of the decision document shall be retained as a public record.
9) Inclusion in registry. If the use is determined to be a nonconforming use, the zoning administrator shall include the nonconforming use in a registry.
D) Basis of decision In making its decision, the Plan and Review Commission shall determine whether there is sufficient evidence to show that (i) the use in question was legally established; (ii) such use does not now comply with one or more of the requirements of this chapter; and (iii) such use has continued from the date, or approximate date, of establishment to the current date without an interruption of more than 12 continuous months.
E) Application form and content The application submittal shall include an application form as may be used by the Town and scaled drawing of the property and the location of the land use on the property. At a minimum, the application shall request the following information:
1) the date, or approximate date, the use was first established or believed to be first established;
2) evidence showing that the use at the time of establishment was legally established (including but not limited to showing that any state or municipal license for such use has been continuously maintained during the time of such use);
3) the date, or approximate date, when the use became nonconforming;
4) the section of the zoning regulation causing the use to be nonconforming;
5) evidence showing that the use has continued from the date, or approximate date, of establishment to the current date without an interruption of more than 12 continuous months; and
6) the nature of the use and location on the property. Sources of such information may be derived from any of the following: (1) written document (e.g., business license, meeting minutes, reports, planning documents, or a permit or other authorization) maintained by a local, state, or federal governmental body; (2) a newspaper article; (3) a dated photograph; (4) an aerial photograph; (5) a sworn affidavit supplied by the applicant or any other person; (6) sales tax records; (7) federal and state tax returns; and (8) any other authoritative source as approved by the zoning administrator.
F) Content of decision document
1) Approval. If the application for registering a nonconforming use is approved, the decision document shall include the following:
a) a statement that the use is a legal nonconforming use as of the date of such determination,
b) a description of the use,
c) reasons for the decision based on the criteria listed in this division,
d) a statement that the applicant may appeal the decision,
e) other information the zoning administrator deems appropriate,
f) the signature of the zoning administrator on behalf of the Plan Commission, and
g) the date of the decision.
2) Denial. If the application for registering a nonconforming use is denied, the decision document shall include the following:
a) a statement that the use cannot be classified as a legal nonconforming use,
b) a description of the use,
c) reasons for the decision based on the criteria listed in this division,
d) a statement indicating that the denial does not limit the applicant’s ability to resubmit a revised application for consideration,
e) a statement that the applicant may appeal the decision to the Zoning Board of Appeals,
f) other information the zoning administrator deems appropriate,
g) the signature of the zoning administrator on behalf of the Plan Commission, and
h) the date of the decision.
G) Effect of decision
1) Generally, If the Plan Commission determines that a land use meets the criteria for a nonconforming use, such decision constitutes documentary evidence establishing the legitimacy and nature of the use as a nonconforming use as of the date of such determination.
2) Expansion not authorized. If a use was legally established and has been operated without interruption, but has been illegally expanded over time (i.e., area, extent, mode of operation, or other parameter) such expansion shall be removed in keeping with a timeline established by the Town Board
The monthly Plan and Review Commission meeting will immediately follow.
/s/ Christine Ferda, Clerk