ZONING BOARD OF APPEALS.
Madison General Ordinances § 28.205
in effect28.205 - ZONING BOARD OF APPEALS.
(1) Establishment.
This section establishes the Zoning Board of Appeals as authorized by Wis. Stat. § 62.23(7)(e).
(2) Membership and Administration.
(a) The Zoning Board of Appeals has five (5) members appointed by the Mayor subject to confirmation by the Common Council.
(b) Each member of the Zoning Board of Appeals serves for a staggered term of three (3) years.
(c) The members of the board are removable by the Mayor for cause upon written charges and after public hearing.
(d) The Mayor shall designate one (1) of the members as chairperson.
(e) The board may employ a secretary and other employees.
(f) Vacancies shall be filled for the unexpired terms of members whose terms become vacant.
(g) The Mayor shall appoint, for staggered terms of three (3) years, two (2) alternate members in addition to the five (5) standing members. Annually, the Mayor shall designate one (1) of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of such board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the board so refuses or is absent. The above provisions, with regard to removal and the filling of vacancies, shall apply to the alternates.
(3) Jurisdiction.
The Zoning Board of Appeals has the following jurisdiction and authority:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter.
(b) To hear and act upon applications for variances from the terms provided in this chapter (Refer to Sec. 28.184 for procedures and standards).
(c) To hear and decide appeals where it is alleged there is error in a determination made by the Director of the Department of Planning and Community and Economic Development.
(d) To hear and decide disputes concerning the district boundaries shown on the official Floodplain Maps.
(e) To hear and act upon all other matters referred to it upon which it is required to act under this chapter.
(4) Meetings and Rules.
(a) Meetings of the Zoning Board of Appeals shall be held at the call of the chairperson and at such other times as the Board may determine.
(b) The chair, or in their absence the acting chair, may administer oaths and compel the attendance of witnesses. (Am. by ORD-14-00012, 1-14-14)
(c) All meetings of said board, including all deliberations on any appeal prior to reaching a decision thereon, shall be open to the public.
(d) The board shall keep minutes of its proceedings, showing the vote for each member upon each question or, if absent or failing to vote, indicating such fact. The board shall also keep records of its examinations and other official actions. All of the Board's minutes and records shall be immediately filed in the office of the Board and shall be a public record.
(e) Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney.
(f) The board shall adopt its own rules of procedure not in conflict with this ordinance or with the applicable Wisconsin Statutes.
(g) The Board may select or appoint any officer that it deems necessary.
(5) Appeals to Decisions of the Zoning Administrator.
Appeals to the Zoning Board of Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected, by any decision of the Zoning Administrator.
(a) An appeal shall be taken within a reasonable time, as provided by the rules of the Zoning Board of Appeals.
(b) The applicant shall file a notice of appeal with the Zoning Board of Appeals. The notice of appeal must specify the grounds for the appeal, including a specific reference to the terms of this chapter, state or federal law, or the state or federal constitution that the applicant believes were incorrectly applied.
(c) The Zoning Administrator shall transmit all the papers constituting the record upon which the action appealed from was taken to the Zoning Board of Appeals.
(d) Stay of Proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate, a stay would in their opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed unless the Zoning Board of Appeals or a court of record grants a restraining order on application. A restraining order requires the applicant to show due cause and to notify the Zoning Administrator.
(e) Notice. An appeal requires the following types of notice (See Sec. 28.181(5)):
1. Mail - sent at least 10 days before the required public hearing.
2. Publication - at least 7 days before the required public hearing.
(f) Scheduling. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal.
(g) Rendering the Decision. The Zoning Board of Appeals, upon its findings, shall render a decision on the appeal within a reasonable time. The Board, upon the concurring vote of a majority of quorum, may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from.
(h) Approval Criteria. The Zoning Board of Appeals may reverse or modify the decision appealed from if it determines that it is error based on the terms of this chapter, a lawful condition of approval established under this chapter, or a provision of a federal or statute or constitution.
1. For appeals concerning increases in regional flood elevation the Board shall:
a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases greater than 0.00 foot may only be allowed after amending the flood profile and map and any appropriate legal arrangements are made with all adversely affected property owners.
b. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase greater than 0.00 foot provided no other reasons for denial exist.
2. For disputes concerning floodplain district boundaries:
a. If a floodplain district boundary is established by approximate or detailed floodplain studies, the map scale, and the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.
b. In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.
c. If the boundary is incorrectly mapped, the Zoning Board of Appeals should inform the person contesting the boundary location to petition the Common Council for a map amendment.
(6) Finality of Decisions of the Zoning Board of Appeals.
All decisions and findings of the Zoning Board of Appeals are considered final administrative determinations, and are subject to judicial review as provided by law.
(Am. by ORD-13-00086, 5-29-13)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH28ZOCOOR_SUBCHAPTER_28NADEN_28.205ZOBOAPFetched: 11/1/2026