[Ord. No. 19-2020, 6-8-2020; amended 10-18-2023 by Ord. No. 22-2023]
The Zoning Board of Appeals is authorized to hear and decide appeals when it is alleged there has been an error in any order, requirement, decision or determination made by the Community Development Director, Zoning Administrator or any other administrative official or body in the administration and interpretation of this zoning chapter.
[Ord. No. 19-2020, 6-8-2020]
Except as otherwise expressly stated in this zoning chapter, appeals of administrative decisions may be filed by any person aggrieved by the administrative official's decision or action, including officials, departments, boards or agencies affected by decisions.
[Ord. No. 19-2020, 6-8-2020; amended 10-18-2023 by Ord. No. 22-2023]
Figure 90-570-1
Appeals
Appeals of administrative decisions must be filed with the officer from whom the appeal is taken or the Community Development Director within 30 days of the date of the written decision or order.
[Ord. No. 19-2020, 6-8-2020]
The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Community Development Director certifies to the Zoning Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record based on due cause shown.
[Ord. No. 19-2020, 6-8-2020; amended 10-18-2023 by Ord. No. 22-2023]
Upon receipt of a complete notice of appeal, the administrative official whose decision is being appealed or the Community Development Director must transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed is taken.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Public notice of hearings on an appeal of an administrative decision must be published as required by state law.
(b) 
Notice must be mailed to the subject property owner at least 10 days before the Zoning Board of Appeals' required hearing.
[Ord. No. 19-2020, 6-8-2020]
(a) 
The Zoning Board of Appeals must hold a hearing to consider the appeal within 45 days.
[Amended 10-18-2023 by Ord. No. 22-2023]
(b) 
Following the close of the hearing, the Zoning Board of Appeals must take action on the appeal. The Board's decision must be supported by written findings of fact.
(c) 
In exercising the appeal power, the Zoning Board of Appeals has all the powers of the administrative official from whom the appeal is taken. The Zoning Board of Appeals may affirm or may, upon the concurring vote of a simple majority of Board members present and voting, reverse, wholly or in part, or modify the decision being appealed.
(d) 
In acting on the appeal, the Zoning Board of Appeals must grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
[Ord. No. 19-2020, 6-8-2020]
An administrative decision may be reversed only if the Zoning Board of Appeals finds that the Community Development Director or other administrative official erred.
[Ord. No. 19-2020, 6-8-2020]
Once an appeal has been denied by the Zoning Board of Appeals, no rehearing on the same or substantially similar appeal may held except upon a simple majority vote of Board members present and voting and a finding that substantial new evidence is submitted that could not reasonably have been presented at the previous hearing on the appeal.
[Ord. No. 19-2020, 6-8-2020; amended 10-18-2023 by Ord. No. 22-2023]
Any person aggrieved by the decision in an appeal of administrative decision case by the Board of Appeals may appeal the decision under the procedures contained in § 62.23(7)(e)10, Wis. Stats., in accordance with state law.