Recognizing that there may be situations where a property owner or another party believes that the Zoning Administrator made an error in administering a zoning code, the state legislature established a mechanism to allow the Zoning Board of Appeals to review alleged administrative errors. This division describes the requirements and procedures for reviewing an alleged administrative error.
Any person aggrieved by a final decision of the Zoning Administrator may file an appeal with the Zoning Board of Appeals consistent with this division.
The general steps outlined below shall be used in the review of an administrative appeal.
A. 
Submittal of appeal. The applicant submits a written appeal to the Village Clerk within 30 calendar days of the date of the administrative decision being appealed, unless a different timeframe is established.
B. 
Notification of appeal. The Village Clerk provides a copy of the appeal to the Zoning Board of Appeals and the Zoning Administrator.
C. 
Compilation and submittal of record. The Zoning Administrator compiles a complete and accurate record relating to the action being appealed and transmits it to the Zoning Board of Appeals in a timely manner.
D. 
Special notice to Department of Natural Resources. If the administrative appeal relates to a decision relating to the floodplain regulations or shoreland-wetland regulations in this chapter, the Zoning Administrator sends a copy of the application and public hearing notice to the regional office of the Wisconsin Department of Natural Resources by regular mail and/or email at least 10 calendar days before the date of the public hearing.
E. 
Special notice to parties in interest. The Chairperson of the Zoning Board of Appeals gives notice for the public hearing to the parties in interest, including the applicant and the Zoning Administrator.
F. 
General notice. The Chairperson of the Zoning Board of Appeals provides for i) a Class 2 public notice and ii) meeting agenda notice consistent with Division 2 of Article 4.
G. 
Public hearing. Allowing for proper notice, the Zoning Board of Appeals conducts a public hearing consistent with Division 3 of Article 4. Prior to the close of the public hearing, the applicant or the Zoning Board of Appeals may request a continuance consistent with Division 3 of Article 4.
H. 
Decision. After the public hearing has been closed, the Zoning Board of Appeals makes a decision to affirm the Zoning Administrator's decision, set aside the decision, or modify the decision.
I. 
Notification of decision. Within a reasonable time following the Zoning Board of Appeals' decision, the Village Clerk sends the decision document to the applicant by regular mail and/or email and provides a copy of the same to the Zoning Administrator and the Plan Commission.
J. 
Notification to Department of Natural Resources. If the administrative appeal relates to a decision relating to the floodplain regulations or shoreland-wetland regulations in this chapter, the Village Clerk sends a copy of the decision document to the regional office of the Wisconsin Department of Natural Resources by regular mail and/or email.
K. 
Public record copy. A copy of the decision document is retained as a public record.
A. 
Generally. The Zoning Board of Appeals shall determine if the Zoning Administrator made an error in judgment as applied to the instance being appealed.
B. 
Historic property. If an action involves an historic property, as defined in § 44.31(3), Wis. Stats., the Zoning Board of Appeals shall consider any suggested alternatives or recommendations submitted by the Landmarks Commission, if one has been established, or the Plan Commission.
An appeal shall stay all legal proceedings in furtherance of the action from which the appeal is made, unless the Zoning Administrator certifies in writing to the Zoning Board of Appeals that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record on application, with notice to the Zoning Administrator from whom appeal is made.
An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.