Zoning Code | Procedures - Administrative Appeal

Description: 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. Division 24 of Article 7 describes the requirements and procedures for reviewing an alleged administrative error.

Initiation: 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.

Decision-maker(s): Zoning Board of Appeals

Application fee: $300

Submittal deadline: within 30 days of the date of the administrative decision being appealed

Basis of decision:
   (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
. In an action involves a historic property, as defined in s. 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.

Procedure:
  1. Submittal of appeal. The applicant shall submit a written appeal to the City Clerk within 30 days of the date of the administrative decision being appealed, unless a different timeframe is established.
  2. Notification of appeal. The City Clerk shall provide a duplicate copy of the appeal to the Zoning Board of Appeals and the zoning administrator.
  3. Compilation and submittal of record. The zoning administrator shall compile a complete and accurate record relating to the action being appealed and transmit it to the Zoning Board of Appeals in a timely manner.
  4. 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 shall mail a copy of the application and public hearing notice to the regional office of the Wisconsin Department of Natural Resources at least 10 days before the date of the public hearing.
  5. Special notice to parties in interest. The chairperson of the Zoning Board of Appeals shall give notice for the public hearing to the parties in interest, including the applicant and the zoning administrator.
  6. General notice. The chairperson of the Zoning Board of Appeals shall provide a class 2 public notice and meeting agenda notice consistent with Division 2 of Article 6.
  7. Public hearing. Allowing for proper notice, the Zoning Board of Appeals shall conduct a public hearing consistent with Division 3 of Article 6. 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 6.
  8. Decision. After the public hearing has been closed, the Zoning Board of Appeals shall make a decision to affirm the zoning administrator’s decision, set aside the decision, or modify the decision. The Zoning Board of Appeals may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the date of the initial meeting unless the applicant agrees to an extension of a specified duration.
  9. Notification of decision. Within a reasonable time following the Zoning Board of Appeals’ decision, the clerk shall mail the decision notice to the applicant by regular mail and provide a duplicate copy of the same to the zoning administrator and the Plan Commission.
  10. 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 zoning administrator shall mail a copy of the decision to the regional office of the Wisconsin Department of Natural Resources.
  11. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.