MapLink™ | Procedures | Appeals to the Board - Floodplain Districts

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Appeals to the Board - Floodplain Districts
(1) Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed.

(2) Notice and hearing for appeals including variances.
(a) Notice: The board shall:
[1] Fix a reasonable time for the hearing;
[2] Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and
[3] Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.
(b) Hearing: Any party may appear in person or by agent. The board shall:
[1] Resolve boundary disputes according to § 400-28C;
[2] Decide variance applications according to § 400-28D; and
[3] Decide appeals of permit denials according to § 400-29.

(3) Decision: The final decision regarding the appeal or variance application shall:
(a) Be made within a reasonable time;
(b) Be sent to the Department Regional office within 10 days of the decision;
(c) Be a written determination signed by the chairman or secretary of the Board;
(d) State the specific facts which are the basis for the Board's decision;
(e) Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
(f) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.