Zoning Code Portal | Procedures - Administrative Appeal

Procedures
Description: Recognizing that there may be situations where a property owner or another party believes that the Zoning Administrator made an error in administering the zoning code, the state legislature established a mechanism to allow the Zoning Board of Appeals to review alleged administrative errors.

Initiation: Any person aggrieved by a final decision of the Zoning Administrator may file an appeal with the Zoning Board of Appeals consistent with s. 510-152 of the zoning code.

Decision-maker(s): Zoning Board of Appeals

Application fee: $200

Submittal deadline: within 45 days of decision being appealed

Review process:
  1. Submittal of application materials. The applicant submits an application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
  2. Determination of completeness. The Zoning Administrator reviews the submitted materials to determine if the application is complete. If the application is not complete, the Zoning Administrator will notify the applicant of incomplete or missing requirements.
  3. Public notice. The Zoning Administrator publishes a public notice in the local newspaper; two times in different weeks.
  4. Property owner notice. The Zoning Administrator sends a notice to those owning property within 300 feet of the subject property (at least 10 days before the hearing).
  5. Notice to specified municipalities. The Zoning Administrator sends a notice to the clerk of any municipality within 1,000 feet of the Village’s municipal boundary (at least 10 days before the hearing).
  6. Notice to specified airports. The Zoning Administrator sends a notice to the owner/operator of an airport when such airport is within 3 miles of the Village’s municipal boundary (at least 10 days before the hearing).
  7. Notice to DNR. The Zoning Administrator sends a notice to the regional office of the DNR if the appeal relates to floodplain regulations or shoreland-wetland regulations (at least 10 days before the hearing).
  8. Staff report. The Zoning Administrator prepares a staff report and provides a copy to each member of the Zoning Board of Appeals, the applicant, and any other interested person upon request.
  9. Public hearing. The Zoning Board of Appeals conducts a public hearing within 45 days of the date the application is deemed complete.
  10. Decision. Within 60 days of the date the application is deemed complete, the  Zoning Board of Appeals makes a decision based on the decision criteria to (1) affirm the decision of the Zoning Administrator, (2) affirm the decision of the Zoning Administrator in part and overturn in part, or (3) overturn the decision of the Zoning Administrator.
  11. Final decision document. The Zoning Administrator prepares the decision document as approved by the Zoning Board of Appeals. 
  12. Written decision sent to applicant. The Zoning Administrator sends a copy of the decision to the applicant.
  13. Distribution of decision to others. The Zoning Administrator sends a copy of the decision to the regional office of the DNR if the appeal relates to floodplain regulations or shoreland-wetland regulations (within 10 days of the decision).
Note: This description is intended to highlight the key steps in the review procedure, and may not include all of the details. Please refer to s. 510-152 of the zoning code for a complete description of the process and related requirements.