A.
Scope of appeals. Appeals to the Board of Appeals may be taken by
any person aggrieved or by any officer, department, board or bureau
of the Town affected by any decision of the administrative officer.
Such appeal shall be taken within 30 days of the alleged grievance
or judgment in question by filing with the officer(s) from whom the
appeal is taken and with the Board of Appeals a notice of appeal,
specifying the grounds thereof, together with payment of a filing
fee as may be established by the Town Board. The officer(s) from whom
the appeal is taken shall forthwith transmit to the Board of Appeals
all papers constituting the record of appeals upon which the action
appealed from was taken.[1]
B.
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certifies to the Board of Appeals that, by reason
of facts stated in the certificate, a stay would, in his/her opinion,
cause immediate peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Board of Appeals or by a court of record on application,
on notice to the officer from whom the appeal is taken, on due cause
shown.
C.
Powers of Zoning Board of Appeals. In addition to these powers enumerated
elsewhere in this Code, the Board of Appeals shall have the following
powers:
(1)
Errors. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Zoning Administration/Permit Issuer or Building Inspector.
(3)
Interpretations. To hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Town Board has made a review and recommendation.
(4)
Substitutions. To hear and grant applications for substitution
of more restrictive nonconforming uses for existing nonconforming
uses, provided no structural alterations are to be made and the Town
Board has made a review and recommendation. Whenever the Board permits
such a substitution, the use may not thereafter be changed without
application.
(5)
Unclassified uses. To hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Town Board
had made a review and recommendation.
(6)
Temporary uses. To hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involved the erection of a substantial structure and are compatible
with the neighboring uses and the Town Board has made a review and
recommendation. The permit shall be temporary, revocable, subject
to any condition required by the Board of Zoning Appeals, and shall
be issued for a period not to exceed 12 months. Compliance with all
other provisions of this chapter shall be required.
(7)
Permits. The Board may reverse, affirm wholly or partly, modify
the requirements appealed from, and may issue or direct the issue
of a permit.
The Board of Appeals shall fix a reasonable time for the hearing,
cause notice thereof to be published in the official newspaper not
less than seven days prior thereto, cause notice to be given to the
appellant or applicant and the administrative officer(s) appealed
from by regular mail or by personal service not less than five days
prior to the date of hearing. In every case involving a variance,
notice shall be mailed not less than five days prior to the hearing
to the fee owners of records of all land within 100 feet of any part
of the subject building or premises involved in the appeal.
A.
Time frame. The Board of Appeals shall decide all appeals and applications
within 30 days after the public hearing and shall transmit a signed
copy of its decision to the appellant or applicant and the Zoning
Administrator/Permit Issuer.
B.
Conditions. Conditions may be placed upon any zoning permit ordered
or authorized by this Board.
C.
Validity. Variances, substitutions or use permits granted by the
Board shall expire within six months unless substantial work has commenced
pursuant to such grant.
A.
Purpose.
(1)
A request for a variance may be made when an aggrieved party
can submit proof that strict adherence to the provisions of this chapter
would cause him/her undue hardship or create conditions causing greater
harmful effects than the initial condition. A variance granted to
a nonconforming use brings that use into conformance with the district
and zoning requirements.
(2)
The Board of Appeals may authorize, upon appeal, in specific
cases, such variance from the terms of this chapter as will not be
contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this chapter would result
in unnecessary hardship and so that the spirit of this chapter shall
be observed and substantial justice done. No variance shall have the
effect of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the flood protection
elevation for the particular area or permit standards lower than those
required by state law.
(3)
For the purpose of this section, "unnecessary hardship" shall
be defined as an unusual or extreme decrease in the adaptability of
the property to the uses permitted by the zoning district which is
caused by facts, such as rough terrain or good soil conditions, uniquely
applicable to the particular piece of property as distinguished from
those applicable to most or all property in the same zoning district.
B.
Application for variation. The application for variation shall be
filed with the Zoning Administrator. Applications may be made by the
owner or lessee of the structure, land or water to be affected. The
application shall contain the following information:
(1)
Name and address of applicant and all abutting and opposite
property owners of record.
(2)
Statement that the applicant is the owner or the authorized
agent of the owner of the property.
(3)
Address and description of the property.
(4)
A site plan showing an accurate depiction of the property.
(5)
Additional information required by the Town Engineer, Town Board,
Plan Commission, Zoning Board of Appeals or Zoning Administrator/Permit
Issuer.
(6)
Fee receipt in the amount as determined by the Town Board.
C.
Public hearing on application. The Board of Appeals shall conduct
at least one public hearing on the proposed variation. Notice of such
hearing shall be given not more than 30 days and not less than 10
days before the hearing in one or more of the newspapers in general
circulation in the Town, and shall give due notice to the parties
in interest, the Zoning Administrator/Permit Issuer and the Town Board.
At the hearing, the appellant or applicant may appear in person, by
agent or attorney. The Board of Appeals shall thereafter reach its
decision within 30 days after the final hearing and shall transmit
a written copy of its decision to the appellant or applicant.
D.
Action of the Board. For the Board of Appeals to grant a variance,
it must find that:
(1)
Denial of the variation may result in hardship to the property
owner due to physiographical consideration. There must be exceptional,
extraordinary or unusual circumstances or conditions applying to the
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. If a variance is to
be granted, the Board of Appeals shall find that no reasonable use
may be made of the property unless a variance is given.
(2)
The conditions upon which a petition for a variation is based
are unique to the property for which variation is being sought and
that such variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in the
same district and same vicinity.
(3)
The purpose of the variation is not based exclusively upon a
desire to increase the value or income potential of the property.
(4)
The granting of the variation will not be detrimental to the
public welfare or injurious to the other property or improvements
in the neighborhood in which the property is located.
(5)
The proposed variation will not undermine the spirit and general
and specific purposes of this chapter.
E.
Conditions. The Board of Appeals on appeal may impose such conditions
and restrictions upon the premises benefited by a variance as may
be necessary to comply with the standards established in this section.
Any person or persons aggrieved by any decision of the Board
of Appeals may present to a 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 offices of the Board
of Appeals.