Role of the Board:
The County Board of Adjustment is an appellate board required by state law, Sec. 59.69 Wis. Stats, in any municipality that has adopted a zoning ordinance. The board does not have authority to amend or repeal any provision of the zoning ordinance. Its authority is limited to, (1) appeals regarding interpretations of ordinance provisions, (2) consideration of variances to dimensional standards and, (3) consideration of conditional use permits. The board functions like a Court. Its purpose is to give a full and fair hearing to any person whose property interests are affected by these matters. Its job is to apply the zoning ordinance and appropriate legal standards to the facts of each case. The board meeting and public hearings are open to the public.
An appeal notice shall be filed with the Zoning Administrator and the Board of Adjustment within 30 days from the date of the order of the decision from which the appeal is being made. This 30 day right of appeal applies to all decisions of the Zoning Administrator and/or Water and Land Use Planning Committee. All appeals of decisions of the Board of Adjustment are filed as a Writ of Certiorari with the Langlade County Circuit Court.
Variances are an available form of relief only where the use in question is allowed in the zoning district, but the dimensional standards block or hinder the desired form of development. In order for a variance to be granted, all of the following criteria will have to be met (ss.59.99(7)(c)).
|Hardship: Applicant must establish that the ordinance causes unreasonable hardship in that it renders the property useless for all reasonable purposes.|
|Unique property: Applicant must show that the hardship is the result of physical features of the property that prevent compliance with the ordinance.|
|Public Interest: Applicant must show that the variance will not adversely affect public interests as expressed in the purpose statement of the ordinance.|
CONDITIONAL USE PERMITS
Conditional uses are land uses listed as such in each zoning district. They may be established in such district only with approval of the Board of Adjustment.
PUBLIC HEARING NOTICES
The Board of Adjustment’s Public Hearing Notice is published in the Antigo Daily Journal two consecutive weeks before the Board holds a meeting. The Board also notifies all parties of interest within 300 feet of the described property, the local town board, and County Board Supervisors within the town. If the issue involves a shoreland/wetland or floodplain area, a copy of the notice is sent to the Department of Natural Resources, and the U.S. Army Corps of Engineers at least 10 days prior to the meeting.