Town of West Bend - Permit Center | Administrative Appeal

Administrative Appeal

Description: An administrative appeal is a legal process in which a property owner or a concerned party challenges an administrative decision the Zoning Administrator made as authorized by the Town's zoning regulations. By their very nature, administrative decisions are purely ministerial, meaning the administrator applies the existing regulations with very little room for discretion. Therefore, an appeal generally alleges that the administrator misapplied the wrong code requirements or reached a decision contrary to the code requirements.

The Board of Zoning Appeals conducts a public hearing to review the administrator’s decision and to listen to arguments from both parties, review evidence, and make a decision. The board may uphold the original decision, modify it, or reverse it entirely. Because a decision can be overturned, the administrative appeal application must be submitted soon after the decision being appealed was made. During the review period, the administrative decision is put on hold.

The administrative appeals process is an important tool for ensuring that administrative decisions are fair, transparent, and in compliance with applicable laws and regulations.

Decision-maker: Zoning Board of Appeals makes the final decision

Application fee: $500 plus professional service (chargeback) fees

Upcoming Meetings

June Review

Filing Deadline:

2024-05-30T21:30:00Z

Date Reviewed:

2024-06-27T20:00:00Z

July Review

Filing Deadline:

2024-06-27T21:30:00Z

Date Reviewed:

2024-07-25T20:00:00Z

August Review

Filing Deadline:

2024-07-25T21:30:00Z

Date Reviewed:

2024-08-22T20:00:00Z

Show more dates

Notes

1. In order for an application to be heard on a given meeting date, the application (including forms, fees, plans, reports, etc.) must be submitted AND deemed complete by Town staff on or before the corresponding submittal date. Because of that, you may want to submit your application before the submittal date. That way, we may be able to let you know if anything is missing and you'll have some time to perhaps get it done before the deadline.

2. Meeting dates and their corresponding submittal dates are subject to change.

Application Materials

Administrative Appeal and Variance

Frequently Asked Questions

+ - The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

+ - If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

+ - What is a professional service (chargeback) fee?

For some types of development reviews, the Town charges the applicant for the time spent by the Town engineer, attorney, planner, or other professional in reviewing their application. In that way, Town taxpayers aren't paying for the cost of development activities. Invoices are mailed to the applicant as the Town incurs such costs.

+ - What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

+ - Can a decision of the Board of Appeals be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

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Zoning Code | Permit Center | Administrative Appeal