(a)

Purpose. The purpose of this section is to provide regulations which enable the City to hear and decide requests for appeals from the decisions of the Zoning Administrator as provided for by Wis. Stats. § 62.23(7)(e)(7).

(b)

Initiation of Request for Review of Zoning Interpretation. Proceedings for the review of an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator.

(c)

Time Limit for Filing An Appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of subsection (d), below, within a period not exceeding forty-five (45) days from the date of issuance of the decision by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal said decision.

(k)

Application Requirements. All applications for review of a decisions, regardless of the party of their initiation per subsection (b) above, shall be filed in the office of the Zoning Administrator, and shall be approved as complete by the Zoning Administrator a minimum of two (2) weeks prior to the initiation of this procedure. Said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

(d)

Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator as follows:

(1)

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. The Zoning Administrator will notify the applicant if the application is not complete, does not fulfill the requirements of this chapter, or is complete.

(2)

The Zoning Administrator shall review the application, evaluate, and comment on the written justification for the appeal to the Zoning Board of Appeals as submitted by the Applicant. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the City of Verona's Comprehensive Master Plan.

(3)

The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action and note any conflict with the provisions of the City's Comprehensive Master Plan or Zoning Chapter in the report.

(e)

Public Notice.

(1)

Notice of the appeal and said public hearing shall conform to Wis. Stats. § 63.23(7)(d). Said notice shall contain a description of the issue per subsection (d)(2), above. At least ten (10) days before said public hearing, the City shall mail a notice to the Applicant; to the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this chapter; and to any property owner within two hundred and fifty (250) feet of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

(2)

The City will place a sign on the subject property providing notice of the public hearing per section 13-1-211(b).

(f)

Review and Action by the Zoning Board of Appeals.

(1)

Within thirty (30) days after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall schedule a reasonable time and place for a public hearing to consider the application.

(2)

Within sixty (60) days after holding the public hearing (or, within an extension of said period requested in writing by the Applicant and granted by the Zoning Board of Appeals), the Zoning Board of Appeals make its findings per subsection (c) above. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the Applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at Applicant's request. Said final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.

(3)

If the Zoning Board of Appeals fails to make a determination within 30 days after the filing of said complete application, then the request for the appeal shall be considered denied.

(g)

Effect of Denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (12) months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

(h)

Limited Effect of a Favorable Ruling on an Appeal.

(1)

No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than three hundred sixty-five (365) days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a Certificate of Occupancy is obtained and a use commenced within that period.

(2)

A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of three hundred sixty-five (365) consecutive days or more.

(i)

Fee. A fee is required for this procedure as set forth in the City Fee Schedule, as amended.

(Ord. No. 21-980, 5-10-21)