Board of Adjustment

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Variance Application Form - Fee $450

Board of Adjustment is a quasi-judicial body charged with the responsibility of deciding appeals and applications filed with it under the terms of the Zoning Codes. The Board of Adjustment acts somewhat like a court, therefore, it is virtually important that the Board follows accepted procedures and fairly evaluates the relevant facts in each case that comes before them. In order to allow for meaningful certiorari review by a circuit court, the board is required to explain the “grounds” it relied upon to make its decisions – or the reasons the application does or does not fit the legal criteria for granting a variance. The Board must, therefore, carefully document whether the requirements for granting a variance are present or not in each request. Each decision of the Board must be made on the basis of facts available and be in accordance with guidelines found in the County Codes and Ordinances, the Wisconsin State Statutes and Court decisions interpreting the Statutes. Further questions can be directed to (920) 386-3700 x2 or Email.

Board of Adjustment Members

William Nass
Jon Schoenike
Rodney Justman
Russell Kottke
Mark Othmer

1st Alternate - Larry Bischoff
2nd Alternate - Brad Kufalk

What is the Board of Adjustment?

The Board of Adjustment is appointed by the County Board Chairman with the approval of the County Board, consisting of five members and two alternates, each of whom shall be a resident of the unincorporated portion of the County, and not from the same town. The two alternates shall be appointed for staggered three year terms and the Chairman of the County Board of Supervisors shall annually designate one of the alternate members as the first alternate and the other as second alternate.

Board of Adjustment Membership, Rules, and Procedures
- A majority vote of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of any applicant on any matter upon which it is required to pass under this Code, or to effect any variation from the requirements of this Code.
- The Board of Adjustment shall adopt bylaws which shall govern all matters pertaining to its membership, rules, and procedures, consistent with Wis. Stat. Section 59.694 (1995-96), as amended.

Board of Adjustment Powers and Duties

Board of Adjustment Powers and Duties
- The powers and duties of the Dodge County Board of Adjustment under this Land Use Code shall be as follows:
  - Interpretations: The Board of Adjustment shall be responsible for interpreting the zoning regulations and boundaries of the zoning districts, upon referral by the Land Use Administrator.
  - Variances: The Board of Adjustment shall be responsible for authorizing upon appeal in specific cases variances from the terms of the Code that will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary hardship, and so that the spirit of the Code shall be observed and substantial justice done.
  - Appeals: The Board of Adjustment shall be responsible for hearing and deciding appeals of orders, requirements, decisions, and determinations made by the Land Use Administrator or the Committee.
  - Substitutions: The Board of Adjustment shall be responsible for hearing and granting applications for substitution of more restrictive nonconforming uses provided no structural alterations are to be made and the Committee has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
Alternates
- The first alternate shall act, with full power, only when a member of the Board of Adjustment refuses to vote because of a conflict of interest or when a member is absent. The second alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the Board of Adjustment refuses to vote because of a conflict of interest or is absent.

Interested in Becoming a Board Member

Dodge County, WI

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Board of Adjustment