Sheboygan Falls City Zoning Code
§ 365-24
Board of Appeals.
[Amended 2-5-2025 by Ord. No. 12-2024/2025]
A.
Appointment, compensation and powers. A Board of Appeals shall be appointed as specified in § 62.23, Wis. Stats. The members shall serve without compensation. The Board of Appeals shall make and file in the office of the City Clerk its own rules of procedure consistent with the statutes. It shall have the following powers:
(1)
To hear and decide appeals where it is alleged that the Zoning Administrator or other administrative official has made an erroneous finding or order or fails to act.
(2)
To grant specific variances from the terms of this chapter where it is shown that unique physical circumstances applying to a lot cause hardship to the owner under this chapter and that the variance still shall be in fundamental harmony with surrounding uses.
B.
Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved by an officer, department, board, or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative official. Such appeals shall be taken within thirty (30) days of any order, requirement, decision, or determination of the Zoning Administrator or other administrative official, by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
C.
Public hearings.
(1)
Before making a decision on an appeal or application for a variance, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time, and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney.
(2)
A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources at least ten (10) days prior to all public hearings on issues involving shoreland-wetland zoning, flood plain zoning, and stormwater management.
D.
Determinations of Board. The Board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination appealed from, and shall make such order, requirement, decision, or determination as in its opinion ought to be made, and to that end shall have all powers of the Zoning Administrator. If a quorum is present, the Board of Appeals may take action under this section by a majority vote of the members present. The grounds of every such determination shall be stated and recorded.
E.
Minutes of Board meetings to be filed. No action of the Board of Appeals shall have the effect of permitting, in any district, uses prohibited in such district by this chapter. The minutes of proceedings and hearing before the Board and all variances granted by it shall be filed promptly at the office of the City Clerk and shall be open for public inspection during office hours.
F.
Decisions.
(1)
The final disposition of an appeal or application for a variance before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, and signed by the Board Chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant or deny the application for a variance.
(2)
A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources within ten (10) days after the decision is issued for all public hearings involving shoreland-wetland zoning, floodplain zoning and stormwater management issues.
G.
Filing fee. A fee as designated in the fee schedule shall be paid to the Clerk by any petitioner or applicant filing for a hearing before the Board of Appeals or City Plan Commission.