There is hereby established a Board of Appeals for the Town
of Holland for the purpose of hearing appeals and applications and
for granting variances and exceptions to the provisions of this chapter
in harmony with the purpose and intent of this chapter.
A.
The Board of Appeals shall consist of five members recommended by
the Town Chairman and confirmed by the Town Board.
B.
Terms shall be for staggered three-year periods.
C.
The Chairman of the Board of Appeals shall be designated by the Town
Chairman.
D.
The Town Chairman shall recommend, and the Town Board shall confirm,
a first alternate member and a second alternate member to act only
when a regular member is absent or refuses to vote because of interest.
The second alternate member may act only when the first alternate
is unable to act or is already sitting.
E.
The Secretary of the Board of Appeals shall be appointed by the Town
Board. The office of the Board of Appeals shall be the Town Clerk's
office.
[Amended 10-18-2021 by Ord. No. 8-2021]
F.
The Building Inspector shall attend meetings when requested by the
Chairman of the Board of Appeals for the purpose of providing technical
assistance.
[Amended 10-18-2021 by Ord. No. 8-2021]
G.
Official oaths administered by the Town Clerk shall be taken by all
members in accordance with § 19.01, Wis. Stats., within 14 days
of receiving notice of their appointment.
[Amended 10-18-2021 by Ord. No. 8-2021]
H.
Vacancies shall be filled for the unexpired term in the same manner
as appointments for a full term.
A.
The Board of Appeals shall organize and adopt rules of procedure
for its own government in accordance with the provisions of this article.
C.
A quorum of the Board of Appeals shall consist of four members or
alternates.
[Amended 10-18-2021 by Ord. No. 8-2021]
D.
Minutes of the proceedings and a record of all actions shall be kept
by the Secretary, showing the vote of each member upon each question,
the reasons for the Board's determination, and its finding of facts.
These records shall be filed in the office of the Board of Appeals
and shall be a public record.
E.
The concurring vote of four members of the Board of Appeals shall
be necessary to reverse any order, requirement, decision or determination
of any administrative official; to grant a variance; or to make an
interpretation.
[Amended 10-18-2021 by Ord. No. 8-2021]
A.
The Board of Appeals shall have the following powers:
(1)
Errors: to hear and decide appeals where it is alleged there is an
error in any order, requirement, decision, or determination made by
the Building Inspector.
(2)
Variances: to hear and grant applications for variances as will not
be contrary to the public interest, where, owing to special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship, so that the spirit and purposes of this chapter shall be
observed and the public safety, welfare, and justice secured. Use
variances shall not be granted. In every case where a variance from
these regulations has been granted by the Board of Appeals, the minutes
of the Board shall affirmatively show that a practical difficulty
or unnecessary hardship exists and the records of the Board shall
clearly show in what particular and specific respects a practical
difficulty or an unnecessary hardship is created.
(3)
Substitutions: to hear and grant applications for substitution of
more restrictive nonconforming uses for existing nonconforming uses,
provided that no structural alterations are to be made and the Town
Plan Commission has made a review and recommendation. Whenever the
Board of Appeals permits such a substitution, the use may not thereafter
be changed without application.
(4)
Interpretations: to hear and decide applications for interpretations
of the zoning regulations and interpretations of the location of the
boundaries of the zoning districts, after the Town Plan Commission
has made a review and recommendation.
B.
Permits. The Board of Appeals may reverse, affirm wholly or partly,
or modify the requirements appealed from and may issue or direct the
issuance of a building permit.
C.
Oaths. The Chairman of the Board of Appeals may administer oaths
and compel the attendance of witnesses.
Appeals of the decision of the Building Inspector or any administrative
official concerning the literal enforcement of this chapter may be
made by any person aggrieved or by any officer, department or board
of the Town. Such appeals shall be filed with the Secretary within
30 days after the date of written notice of the decision or order
of the Building Inspector or administrative official. Applications
may be made by the owner of the structure, land, or water to be affected
at any time and shall be filed with the Secretary. Such appeals and
applications shall include the following:
A.
Name and address of the appellant or applicant and all abutting and
opposite property owners of record.
B.
Plat of survey prepared by a land surveyor registered in the State
of Wisconsin or other map drawn to scale, showing all information
required for a building permit.
C.
Additional information required by the Board of Appeals, the Town
Plan Commission, or the Building Inspector.
D.
Fee as identified in the Town of Holland Fee Schedule.
[Added 2-8-2021 by Ord. No. 1-2021]
The Board of Appeals shall fix a reasonable time and place for
the hearing, shall publish a Class 2 notice thereof and shall give
due notice to the parties in interest, the Building Inspector and
the Town Plan Commission. At the hearing the appellant or applicant
may appear in person, by agent, or by attorney.
A.
Authorized variances. Variances from the regulations of this chapter shall be granted by the Board of Appeals only in accordance with the standards set out in Subsection B below and may be granted only in the following instances and in no other:
(1)
To vary the applicable lot size requirements, including lot area,
lot width, and density requirements.
(2)
To vary the applicable building bulk limitations, including height,
lot coverage, floor area ratio, and yard requirements.
(3)
To vary the applicable off-street parking and off-street loading
requirements.
(4)
To vary the applicable sign regulations.
(5)
To vary the regulations and restrictions applicable to nonconformities.
B.
Standards for variances. The Board of Appeals may not grant a variance
to the provisions of this chapter unless it finds beyond a reasonable
doubt that all the following facts and conditions exist and so indicates
in the minutes of its proceedings:
(1)
Preservation of intent. No variance may be granted that is not consistent
with the purpose and intent of the regulations for the district in
which the development is located. No variance may have the effect
of permitting a use in any district that is not a stated permitted
use, accessory use, or conditional use in that particular district.
(2)
Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to a lot or parcel,
structure, use, or intended use that do not apply generally to other
properties or uses in the same district, and the granting of the variance
would not be of so general or recurrent nature as to suggest that
this chapter should be changed.
(3)
Economic hardship and self-imposed hardship are not grounds for variance.
No variance may be granted solely on the basis of economic gain or
loss. Self-imposed hardships may not be considered as grounds for
the granting of a variance.
(4)
Preservation of property rights. Such variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other properties in the same district and vicinity.
(5)
Absence of detriment. The variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose and spirit of this chapter or the public interest.
[Amended 10-18-2021 by Ord. No. 8-2021]
The Board of Appeals shall decide all appeals and applications
within 30 days after the final hearing and shall transmit a signed
copy of the Board's decision to the appellant or applicant. The minutes
of all Board of Appeals meetings shall be provided to the Town Board,
the Town Plan Commission and the Town Building Inspector.
A.
The Board of Appeals may place conditions upon any building permit
ordered or authorized. The Board may also impose such conditions,
safeguards, and restrictions upon the premises benefited by a variance
as may be necessary to comply with the standards set out in this article
to reduce or minimize any potentially injurious effect of such variance
upon other property in the neighborhood and to carry out the general
purpose and intent of this chapter.
B.
Variances, substitutions or permits granted by the Board of Appeals
shall expire within six months unless substantial work has been commenced
pursuant to such grant, unless an extension is expressly granted by
the Board of Appeals at the applicant's request in advance of the
expiration.
Any person or persons aggrieved by any decision of the Board
of Appeals may present to the court of record a petition, duly verified,
setting forth that such decision is illegal and specifying the grounds
of the illegality. Such petition shall be presented to the court within
30 days after the filing of the decision in the office of the Board
of Appeals.
