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.
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.