There is established a Village of Rothschild Zoning Board of
Appeals (Board of Appeals) for the purposes of hearing appeals and
applications and for granting variances and exceptions to the provisions
of this chapter in accordance with § 62.23(7)(e)7, Wis.
Stats.
Appeals of the decision of the Village staff or any administrative
official concerning the literal enforcement of this chapter may be
made by any person aggrieved or by any officer, department, board,
or bureau of the Village. Such appeals shall be filed with the Village
Clerk within 30 days after the date of written notice of the decision
or order of the Village staff or administrative official. Applications
may be made by the owner of the structure, land, or water to be affected
and shall be filed with the Village Clerk, along with the applicable
fees, as per the fee schedule.
Applications for appeal shall be delivered to the Village Clerk
on the designated application form, with all the required information.
The Village Clerk shall transmit to the Board of Appeals all the papers
constituting the record upon which the action appealed from was taken.
The Board of Appeals shall publish notice of the hearing, specifying the date, time, place and subject matter, as a Class 1 notice under Ch. 985, Wis. Stats., together with notice in writing by first-class mail to all parties in interest and to the last known address of all persons adjoining the premises affected by such hearing. Refer to Article
XV.
The Board of Appeals shall fix a reasonable time and place for the hearing. At the hearing, the appellant may appear in person, by agent, or by attorney. (Refer to Article
XV.)
No variance to the provisions of this chapter shall be granted
by the Board of Appeals unless it finds that all the following facts
and conditions exist and so indicates such in the minutes of its proceedings:
A. No variance shall be granted that is not consistent with the purpose
and intent of the regulations for the district in which the development
is located.
B. Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to the property that
do not apply generally to other properties in the same district, and
the granting of the variance should not be of such general or recurrent
nature as to suggest that this chapter should be changed.
C. Economic hardship and self-imposed hardship not grounds for variance.
No variance shall be granted solely based on economic gain or loss.
Self-imposed hardships shall not be considered as grounds for the
granting of a variance.
D. Preservation of property rights. The variance must be necessary for
the preservation and enjoyment of substantial property rights possessed
by other properties in the same district and same vicinity.
E. Absence of detriment. No variance shall be granted that will create
substantial detriment to adjacent property or that will materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
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 of the Board of Appeals.