Fond du Lac County |
Code of Ordinances |
Chapter 44. SHORELAND ZONING |
Article XIV. ADMINISTRATIVE PROVISIONS |
§ 44-355. Board of adjustment.
Wis. Stats. § 59.694.
(a)
The county executive, county administrator or chair of the county board shall appoint a board of adjustment consisting of three or five members under Wis. Stats. § 59.694. The county board shall adopt such rules for the conduct of the business of the board of adjustment as required by Wis. Stats. § 59.694(3).
(b)
Powers and duties. (Wis. Stats. § 59.694)
(1)
The board of adjustment shall adopt such additional rules as it deems necessary and may exercise all of the powers conferred on such boards by Wis. Stats. § 59.694.
(2)
It shall hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement or administration of this chapter.
(3)
It shall hear and decide applications for special exception permits pursuant to section 44-353.
(4)
It may grant a variance from the standards of this chapter pursuant to section 44-354.
(5)
In granting a variance, the board may not impose conditions which are more restrictive than any of the specific standards in the chapter. Where the chapter is silent as to the extent of restriction, the board may impose any reasonable permit conditions to effect the purpose of this chapter.
(c)
Appeals to the board. (Wis. Stats. § 59.694) Appeals to the board of adjustment may be made by any person aggrieved or by an officer, department, board or bureau of the county affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be made within 30 days, as provided by the rules of the board, by filing with the officer whose decision is in question, and with the board of adjustment, a notice of appeal specifying the reasons for the appeal. The zoning administrator or other officer whose decision is in question shall promptly transmit to the board all the papers constituting the record concerning the matter appealed.
(d)
Hearing appeals and applications for variances and special exception permits. (Wis. Stats. § 59.694(6))
(1)
The board of adjustment shall fix a reasonable time for a hearing on the appeal or application. The board shall give public notice thereof by publishing a class 2 notice under Wis. Stats. ch. 985, specifying the date, time and place of the hearing and the matters to come before the board. Notice shall be mailed to the parties in interest. Written notice shall be given to the appropriate office of the department at least ten days prior to hearings on proposed shoreland variances, special exceptions, and appeals for map or text interpretations.
(2)
A decision regarding the appeal or application shall be made as soon as practical. Copies of all decisions on shoreland variances, special exceptions, and appeals for map or text interpretations shall be submitted to the appropriate office of the department within ten days after they are granted or denied.
(3)
The final disposition of an appeal or application to the board of adjustment shall be in the form of a written resolution. Such resolution shall state the specific facts which are the basis of the board's determination and shall 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 prosecution or grant the application.
(4)
At the public hearing, any party may appear in person or by agent or by attorney.
( Res. of 8-16-16 , Att.)