Board of Land Use Appeals

Purpose

Appeals to the board may be taken by any person aggrieved, or by the office, department, board or committee of the county affected by the decision of the official. Such appeal shall be taken within 30 days after the written decision is filed, by filing with the department and with the board a notice of appeal specifying the grounds thereof. The department shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.   An appeal shall stay all legal proceedings of the action appealed unless the officer from whom the appeal is taken certifies to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed except by a restraining order from the board or a court of law.   The final disposition of an appeal shall be in the form of a written resolution or order signed by the secretary of the board. Such resolution or order shall state the specific facts which are the basis for the board's determination, and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or part, or shall dismiss the appeal for lack of jurisdiction or prosecution.

Application for Board of Land Use Appeals hearing

Authorization and Composition

The chair of the county board shall appoint a board of land use appeals consisting of 5 members appointed for staggered 3 year terms. The county board chair formally shall solicit recommendations to fill vacancies on the board of land use appeals from the various town boards operating within the general provisions of this subtitle. All appointments shall be subject to confirmation by the county board. Members of the board of land use appeals shall reside in the unincorporated areas of the county, three of whom shall be residents of any 3 of the towns in the county which are participants in county zoning. The remaining two members shall be selected at large from among the residents of unincorporated areas of the county.

The initial terms of office for members of the board of land use appeals shall be as follows: Members 1 and 4 shall be appointed for 3 years; members 2 and 5 for 2 years; member 3 for 1 year. Thereafter, all appointments shall be made for 3 year terms.

Procedural Rules

  1. The board of land use appeals shall select its own chair, shall meet at the call of the chair and at such other times as the board may determine.

  2. All meetings of the board shall be open to the public.

  3. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact. The board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the department and shall be of public record.

Powers and Duties

The board of land use appeals shall:

  1. Adopt such rules as it considers necessary for the conduct of business, subject to the provisions of this subtitle and Wis. Stat. ch. 59.694.

  2. Hear and decide appeals where it has been alleged there is an error in any order, requirement, decision or determination made by the committee or department in the enforcement or administration of the Zoning Code.

  3. Grant variances from the terms of this subtitle where, owing to special conditions, the literal enforcement of this subtitle would result in unnecessary hardship.