At least three full business days prior to the hearing date, the presenter must submit to the land use code administrator 1 copy 12 hardcopies…At least three full business days prior to the hearing date, the presenter must submit to the land use code administrator 1 copy 12 hardcopies of the…

• Stage reached

  • August 20, 2026: Surfaced
  • August 27, 2026: In committee

• Board of Adjustment

  • August 27, 2026: At least three full business days prior to the hearing date, the presenter must submit to the land use code administrator 1 copy 12 hardcopies of the presentation to be filed for the record and distributed at the hearing as an exhibit, as well asor an electronic file of the presentation. Section 8. Additional Evidence The Board of Adjustment may take a case under advisement for later consideration and determination, or may defer action when it concludes that additional evidence is needed or further study is required. Section 9. Postponement of Hearing Cases may be postponed only by the Board of Adjustment for more information.prior arrangement with the land use code administrator if the request is received in time to publish an amended second notice. Section 10. Rules of Evidence The Board of Adjustment shall not be bound by court rules of evidence, but it may exclude irrelevant, immaterial, incompetent, unduly argumentative or repetitious testimony or evidence. Section 11. Chair to Rule on Admissibility The chair shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the Board of Adjustment present. Section 12. Interested Persons May Testify Persons having an interest in the case may attend the hearing and may request an opportunity to testify provided they identify themselves and sign the list of persons attending the hearing. All testimony shall be under oath. Section 13. Record of Hearing Transcripts of recorded proceedings shall not be prepared unless ordered by the circuit court by a writ of certiorari. Any party or member of the public may make a record of the proceedings by any means that does not disturb the hearing or others present.Page 59 of 66 Rules Governing St. Croix County Board of Adjustment 17 Section 14. Adjournments When all appeals or applications cannot be disposed of on the day set, the Board of Adjustment may recess from day to day or to a day certain, as it may order, and such recessed day shall be construed as a continuance of the hearing. Notice of such recess shall be given to the absent members of the Board of Adjustment. Section 15. Withdrawal of Appeal or an Application An appellant or applicant may withdraw an appeal or application at any time prior to the decision, but a pending motion to approve or deny the appeal or application shall have precedence over withdrawal. Withdrawal of the appealapplication shall not entitle the appellant or applicant to remission of the filing fee. Article VII. Decisions of the Board of Adjustment Section 1. Majority Vote Required The concurring vote of a majority of all members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official; to decide in favor of the applicant on any matter upon which it is required to pass judgment under land use ordinances; to effect any variance; or to revoke any conditional use permit(s) or variance(s).for any request or action of the Board to pass. Section 2. Findings and Decisions to be Written In acting on any matters before it, the Board of Adjustment shall make findings supporting its actions. All decisions shall be in writing and contain the findings of fact and conclusions of lawfacts and findings upon which the decisions are based. Section 3. Decisions to be Mailed Within 30 days of the close of the hearing to which the decision relates, written copies of such decision shall be mailed to the applicant, and all parties who have requested a copy or as required by law, and made a part of the permanent record. The approval or granting of an appeals by the Board of Adjustment is deemed to constitute an order to the Lland Uuse code Aadministrator to process an application, allow a land use or issue a permit. A denial of the application or an appeal by the Board of Adjustment is deemed to be an order to deny the permit. Decisions on floodplain and shoreland-wetland zoning appeals, variances and conditional uses applications shall be sent to the district office of the Wisconsin Department of Natural Resources. Decisions granting variances orPage 60 of 66 Rules Governing St. Croix County Board of Adjustment 18 conditional usesexceptions in exclusive-agriculturalfarmland preservation certified zoning districts shall be sent to the Wisconsin Department of Agriculture, Trade and Consumer Protection. Section 4. Decision to Relate to Specific Property The decision of the Board of Adjustment shall be deemed as applying to the property rather than to the individual and is valid only for the specific premises in the case and is not transferable to other properties. Section 5. Informal Advice Not Binding No informal request for advice on moot questions need be given by the Board of Adjustment. Any advice, opinion or information given by any a Board of Adjustment member or any other official or/ employee of the County shall not be binding on the Board of Adjustment. Section 6. Cases to be Determined Individually No action of the Board of Adjustment shall set a binding precedent. Each case shall be decided upon its merits and upon the attendant circumstances, provided the Board of Adjustment shall not act arbitrarily or capriciously. Section 7. Order for Permit Valid for One Year An order issued by the Board of Adjustment requiring a land use code administrator to issue a permit shall become void after one year unless the applicant or appellant shall have filed an application for such permit with the land use code administrator within such time, provided that the time may be extended when so specified by the Board of Adjustment.shall expire 12 months from the date of issuance if the proposed use or building hasn’t started.commenced. Section 8. Action in Circuit Court Any person or persons jointly or severallyseparately aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, other board or bureau of the County may commence an action in the circuit court for writ of certiorari to review the legality of such decision in whole or in part, within thirty days after the filing of the decision in the office of the Board of Adjustment.Page 61 of 66 Rules Governing St. Croix County Board of Adjustment 19 Article VIII. Refilings and Rehearings Section 1. OneThree-Year Refiling Rule No matter which has been acted upon by the Board of Adjustment shall be considered again within onethree years from the date of action, except as hereinafter provided. Section 2. Exception to OneThree-Year Rule The Board of Adjustment may hear cases within said threeone-year period concerning the same property only when: (a) The case does not involve a request for an identical permit or does not allege the same misinterpretation or error, point of non-coverage or hardship as the previous case, or when (b) the case does not contain the original request for specific variance, or when (bc) substantial change in the use of adjacent property has occurred since the previous case was heard, or if (cd) the previous case was closed without a hearing because the applicant was not present at the time such case was scheduled for a hearing. Section 3. Reopenings and Rehearings Limited The Board of Adjustment may not: (a) reopen any case upon which a previous hearing has beenwas held, except to correct a manifest error., but it may reconsider a case as provided by these rules; or (b) hear or rehear any case to determine the location of any district boundary line where the Board of Adjustment has previously determined the location of such boundary line, unless new evidence is submitted. Section 4. Closure of Case A case will be considered as heard and closed at such time as the Board of Adjustment acts on the request or the application is withdrawn.approves or rejects an application or appeal by motion or when it is considered closed by operation of these rules. Section 5. Reconsideration on Board of Adjustment Motion A decision of the Board of Adjustment may be reconsidered: a) by motion to reconsider made at the same meeting which may be immediately disposed of without further notice, or b) by motion to reconsider made not later than the following regular meeting, in which event, the matter shall be placed on the calendar for a subsequent hearing and a new notice given. without additional fee.Page 62 of 66 Rules Governing St. Croix County Board of Adjustment 20 Section 6. Reconsideration By Request The Board of Adjustment may entertain a request for reconsideration by a party interested provided the request is in writing and new written evidence is submitted with the request. On receipt of a properly filed request to reconsider, it shall be placed on the next agenda under "Business Items" for consideration at the next regular meeting. A request for reconsideration must be filed with the Board of Adjustment at least 15 days prior to the next regular meeting date. Section 7. Reconsideration Tolls Appeal Period The filing of a request or adoption of a motion for reconsideration shall stop the running of the 30-day period in which a petition to the circuit court must be made. The 30-day period will run in such event from the date a decision not to reconsider is made by the Board of Adjustment, or if the matter is reconsidered, from the date the decision on the reconsidered matter is filed in the Board of Adjustment's office. Section 8. Procedures for Reconsideration A simple majority vote shall be sufficient to reconsider a previous decision. If reconsideration is refused to an interested party who has requested reconsideration, the Board of Adjustment shall enter in the minutes the basis of the request, the reason why it was refused and the vote of the Board of Adjustment members thereon. If reconsideration is approved, the case will be placed on the agenda for the next regular meeting and notice given of the re-hearing as required for an original hearing upon payment of the re-hearing fee. Article (official date has passed; the record does not show it was held)

August 20, 2026August 27, 2026

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