[Amended 11-10-2016 by Res. No. 2016-05; 3-20-2018 by Ord. No. 2018-05; 11-13-2018 by Ord. No. 2018-08]
In order that the objectives of this chapter may be more fully
and equitably achieved and a means for interpretation provided, there
is established a Board of Appeals (hereinafter referred to as "the
Board") for the Town of Buchanan.
A.
Board members. The Board shall consist of five members. The Town
Chairperson shall appoint the members subject to confirmation by the
Town Board. The members of the Board shall all reside within the Town.
The Town Chairperson shall designate one of the members as Chairperson.
No member shall hold any elected office with the Town or hold any
other appointed position with the Town.
B.
Terms. The terms of the first appointed shall be for one year, two
for two years and two for three years. Successors shall be appointed
in such manner at the expiration of each term, and their terms of
office shall be three years in all cases, beginning July 1 in the
year in which they were appointed and until their successors are appointed.
C.
Vacancies. Vacancies shall be filled for the unexpired term of any
member whose office becomes vacant. Members shall be removable by
the Town Chairperson for cause upon written charges and after public
hearing.
D.
Alternates. The Town Chair shall appoint, for staggered terms of
three years, two alternate members of such board, in addition to the
five members above provided for. Annually, the Town Chair shall designate
one of the alternate members as first alternate and the other as second
alternate. The first alternate shall act, with full power, only when
a member of the board refuses to vote because of interest or when
a member is absent. The second alternate shall so act only when the
first alternate so refuses or is absent or when more than one member
of the board so refuses or is absent. The above provisions, with regard
to removal and the filling of vacancies, shall apply to such alternates.
No alternate shall hold any elected office with the Town or hold any
other appointed position with the Town.
E.
Compensation. The actual and necessary expenses incurred by the Board
in the performance of its duties shall be paid and allowed by the
Town Board as in cases of other claims against the Town. The Town
Board may also compensate the members of the Board of Appeals and
their assistants as may be authorized by the Town Board.
A.
Rules. The Board shall adopt rules for the conduct of the business
of the Board of Appeals in accordance with the provisions of this
chapter. The Board may adopt further rules as necessary. No rule may
be changed without the concurring vote of a majority of the Board.
B.
Meetings. Meetings of the Board shall be held at the call of the
Chairperson and at such other times as the Board may determine. Such
Chairperson or, in his or her absence, the acting chairperson, may
administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public.
C.
Records and decisions. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the Town Clerk and shall be a public record.
All actions or decisions shall be taken by resolution in which the
concurring vote of a majority of the members of the Board shall be
necessary. Each resolution shall contain a written statement of the
grounds forming the basis of such resolutions. Notice of filing of
all actions and decisions shall be mailed to the parties in interest
as determined by the Board.
A.
Powers. The Board shall have the power to hear and decide appeals
where it is alleged there is an error in any order, requirement, decision
or determination made by an administrative official in the enforcement
of this chapter. The Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the powers of
the officer from whom the appeal is taken.
B.
Procedures. Appeals to the Board may be taken by any person aggrieved
or by any officer, department, board or the Building Inspector or
other administrative officer. Such appeal shall be taken within 30
days of the order, requirement, decision or determination appealed
from by filing with the Zoning Administrator and with the Board a
notice of appeal specifying the grounds thereof. The Zoning Administrator
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken. The Board
may request the applicant to provide additional information as may
be needed to determine the case.
C.
Stays. An appeal shall stay all proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal is taken
shall certify to the Board after the notice of appeal shall have been
filed with him/her that by reason of facts stated in the certificate
a stay would cause imminent peril to life or property. In such case
proceedings shall not be stayed otherwise than by a restraining order,
which may be granted by the Board or by a court of record on application,
on notice to the officer from whom the appeal is taken and on due
cause shown.
D.
Withdrawal or amendment.
(1)
If the applicant elects to withdraw the appeal any time before final
determination is made by the Board, this fact shall be noted on the
application, with the signature of the applicant attesting withdrawal.
Copies of the withdrawn application shall be returned to the files
of the Board, to the Building Inspector or officer and to the applicant.
(2)
Amendment of an appeal by the applicant may be permitted at any time
prior to or during the public hearing, provided that no such amendment
shall be such as to make the case different from its description in
the notice of public hearing. If the amendment is requested by the
applicant after public notice of the hearing has been given, and such
amendment is at variance with the information set forth in the public
notice, the applicant shall pay an additional fee to cover the cost
of amending the public notice. If the amended notice can be published
within the time frame specified for the public hearing, the hearing
on the amended appeal may be held on that date, otherwise the Chairperson
shall announce that the hearing originally scheduled on the case will
be deferred to a future meeting, before which appropriate public notice
will be given, and will state the reasons for deferral.
A.
Powers. The Board shall have the power to 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 will result
in unnecessary hardship; and so that the spirit of this chapter shall
be observed and substantial justice done.
B.
Requirements for a variance. In general, the power to authorize a
variance from the requirements of the Zoning Ordinance shall be sparingly
exercised and only under peculiar and exceptional circumstances. No
variance shall be granted for actions which require an amendment to
this chapter. Variances shall only be granted when the Board finds
that:
(1)
The variance is not contrary to the public interest and that such
a variance will be in general harmony with the purposes and intent
of this chapter.
(2)
The variance will not permit the establishment of a use which is
not permitted or permissible in the district.
(3)
Special conditions and circumstances exist which are peculiar to
the land, structure or building involved and which are not applicable
to other lands, structures, or buildings in the same district.
(4)
The literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other properties
in the same district.
(5)
The hardship is not shared generally by other land or buildings in
the area.
(6)
The hardship results from the strict application of this chapter
and is not the result of self-created or self-imposed circumstances.
The Board shall have the power to hear and decide applications
for interpretations of the zoning regulations and the boundaries of
the zoning districts.
A.
Time period. Upon filing with the Board an application for an appeal
or variance, the Board shall fix a reasonable time (not more than
60 days from the filing date) for a public hearing.
B.
Notice of hearing. A Class 2 notice pursuant to Ch. 985, Wis. Stats.,
shall be published, specifying the date, time and place of the hearing
and matters to come before the Board.
Any hearing required under this article shall be conducted by the Board in accordance with § 525-85A.
Any person or persons, jointly or severally, aggrieved by any
decision of the Board or any taxpayer or any officer, department,
board or bureau of the municipality may, within 30 days after the
filing of the decision in the office of the Town Clerk, commence an
action seeking the remedy available by certiorari.
