A Zoning Board of Appeals shall be appointed and governed by
the state zoning enabling law as contained in § 62.23, Wis.
Stats., the Village Zoning Code, and ordinances and this section. The laws of the state
or village and local ordinances shall prevail in that order. The Zoning
Board of Appeals shall consist of five citizen members and two alternate
members, appointed by the Village President subject to confirmation
by the Village Board for a three-year term of office. The members
shall be removable by the Village Board for cause upon written charges
and upon public hearing. The Village President shall designate one
of the members Chairperson.
The Zoning Board of Appeals shall have the following powers:
A. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the enforcement of any Village Zoning Code or any ordinance adopted under § 62.23, 61.35
or 62.231 (wetlands), § 87.30 (floodplains) or § 281.31,
or Ch. 91 (farmland preservation), Wis. Stats.
B. To hear and decide special exceptions to the terms of the Village
zoning and floodplain zoning regulations upon which the Zoning Board of Appeals is required to
pass.
C. To authorize, upon appeal in specific cases, such variance from the
terms of the Village zoning regulations 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 of the Zoning Code shall be observed, public safety
and welfare secured and substantial justice done; provided, however,
that no such action shall have the effect of establishing in any district
a use or uses not permitted in such district. The Zoning Board of
Appeals shall not grant use variances in floodplain or wetland and
conservancy districts. In all other districts, no use variance shall
be granted unless the applicant has first petitioned for a zoning
amendment or a conditional use permit, if applicable, and upon a showing
that no lawful and feasible use of the subject property can be made
in the absence of such variance. Any use variance granted shall be
limited to the specific use described in the Board's decision
and shall not permit variances in yard, area or other requirements
of the district in which located.
D. To permit the erection and use of a building or premises in any location
subject to appropriate conditions and safeguards in harmony with the
general purposes of the Zoning Code, for such public utility purposes
which are reasonably necessary for public convenience and welfare.
E. The Zoning Board of Appeals may reverse or affirm, wholly or in part,
or may modify any order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination as
in its opinion ought to be made. If a quorum is present, the Zoning
Board of Appeals may take action under this subsection by a majority
vote of the members present. The grounds of every such determination
shall be stated and recorded. No order of the Zoning Board of Appeals
granting a variance shall be valid for a period longer than six months
from the date of such order unless the land use permit is obtained
within such period and the erection or alteration of a building is
started or the use is commenced within such period.
The Village Board shall provide suitable offices for holding
hearings and the preservation of records, documents, and accounts.