There is hereby established a Zoning Board of
Appeals (referred to as "Board" in this article) for the Village of
Wales for the purpose of hearing appeals and applications and granting
variances and exceptions to the provisions of this chapter.
The Board shall consist of five members appointed
by the Village President and confirmed by the Village Board of Trustees.
A.
Terms shall be for staggered three-year periods.
B.
The Chairperson shall be designated by the Village
President.
C.
Two alternate members shall be appointed by the Village
President and confirmed by the Village Board of Trustees for staggered
terms of three years. Annually, the Village President shall designate
one of the alternate members as a first alternate member and the other
as the second alternate member to act, with full power, 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
member so refuses to vote or is already sitting.
D.
All members of the Board shall reside within the Village.
E.
The Secretary shall be the Village Clerk or a designee
from the office of the Village Clerk.
F.
The Building Inspector, or a designee from the office
of the Building Inspector, shall attend meetings for the purpose of
providing technical assistance when requested by the Board.
The Village Board of Trustees shall adopt rules
for the conduct of business of the Zoning Board of Appeals in accordance
with the provisions of this chapter. The Zoning Board of Appeals may
adopt further rules as necessary.
A.
Meetings shall be held at the call of the Chairperson
and shall be open to the public; however, the Board may convene in
closed session in accordance with § 19.85, Wis. Stats.
B.
Minutes of the proceedings and a record of all actions
shall be kept by the Secretary, or other designated person, showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact, the reasons for the Board's determination,
and its findings of facts. The records of these actions shall be immediately
effective and filed in the office of the Village Clerk and shall be
a public record.
C.
Quorum requirements. If a quorum is present, the Board
may take action by a majority vote of the members present to reverse
any order, requirement, decision, or determination of any administrative
official or to decide in favor of the applicant on any matter on which
it is required to pass or to effect any variation in the provisions
of this chapter. The grounds of every such determination shall be
stated.
A.
The Board shall have those powers authorized and granted
to a zoning board of appeals pursuant to § 62.23(7)(e)7,
Wis. Stats., including but not limited to the following powers:
(1)
Errors.
To hear and decide appeals when it is alleged there is error in any
order, requirement, decision, or determination made by any administrative
official.
(2)
Variances.
To hear and grant appeals for variances where, based on special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship. Such a variance shall not be contrary to the public interest
and shall be so conditioned 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.
(3)
Public
utilities. To hear and grant the erection or use of a building or
premises for public utility purposes which is reasonably necessary
for the public convenience and welfare and is subject to appropriate
conditions and safeguards in harmony with the general purpose and
intent of this chapter.
(4)
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 Plan Commission has
made a review and recommendation. Whenever the Board permits such
a substitution, the use may not thereafter be changed without application.
B.
Permits. The Board may reverse, affirm wholly or partly,
or modify the order, requirement, decision, or determination appealed
from and may direct the issuance of a permit.
C.
Assistance. The Board may request assistance from
other Village officers, departments, commissions, and boards.
D.
Oaths. The Chairperson or, in the Chairperson's absence,
the Acting Chairperson may administer oaths and request the attendance
of witnesses.
Appeals to the Board may be taken by any person
aggrieved or by any officer, department, or board of the Village affected
by any decision of the Building Inspector or any administrative official
concerning the literal enforcement of this chapter. 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 Building Inspector or any 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 Village Clerk.
A.
Such appeals and applications shall include the following:
(1)
Name and address of the appellant or applicant and
all abutting and opposite property owners of record.
(2)
Plat of survey prepared by a registered land surveyor or other map/site plan drawn to scale and approved by the Building Inspector, showing all of the information required under § 435-107 for a building permit.
(3)
Additional information required by the Village Plan
Commission, Village Engineer, Zoning Board of Appeals, or Building
Inspector.
B.
The Building Inspector or any administrative official
from whom the appeal is taken shall transmit to the Board all the
papers constituting the record upon which his/her decision was made.
An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the official from
whom the appeal is taken certifies to the Board, after the notice
of appeal shall have been filed with the official, that by reason
of facts stated in the certificate a stay would, in the official's
opinion, 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 official from whom the appeal is taken, and on due cause
shown.
The Board shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in Article XII of this chapter, and shall give due notice to the parties in interest, the Building Inspector, and the Village Plan Commission. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney. In any action involving a listed property, as defined in § 44.31(4), Wis. Stats., the Board shall consider any suggested alternatives or recommended decision submitted by a landmarks commission or the Plan Commission.
The Board shall transmit a copy of each application
for a variance to conservancy regulations in a shoreland and a copy
of all shoreland appeals to the Wisconsin Department of Natural Resources
(DNR) for review and comment at least 10 days prior to any public
hearing. Final action on the application shall not be taken for 30
days or until the DNR has made its recommendation, whichever comes
first. A copy of all decisions relating to variances to conservancy
regulations in a shoreland and a copy of all decisions relating to
shoreland appeals shall be transmitted to the DNR within 10 days of
the date of such a decision.
A.
Shoreland disputes. Whenever the Board is asked to
interpret the location of a shoreland boundary, the Building Inspector
shall contact the appropriate regional office of the Wisconsin Department
of Natural Resources (DNR) for a determination of navigability or
ordinary high-water mark (OHWM) location.
B.
Wetland disputes. Whenever the Board is asked to interpret
a C-1 Conservancy District boundary where an apparent discrepancy
exists between the Village's final wetland inventory map and actual
field conditions, the Village shall contact the DNR, or other appropriate
authority, to determine if the wetland inventory map is in error.
If the DNR staff, or the staff of another appropriate authority, concur
that the particular area was incorrectly mapped as a wetland, the
Board shall direct the Village Plan Commission to initiate appropriate
action to rezone the property within a reasonable amount of time.
No variance to the provisions of this chapter
shall be granted by the Board unless it finds that some or all of
the following facts and conditions exist and so indicates such in
the minutes of its proceedings:
A.
Preservation of intent. No variance shall be granted
that is not consistent with the purpose and intent of the regulations
for the district in which the property is located. No variance shall
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.
B.
Exceptional circumstances. There shall 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 shall not be of so 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 on the basis of
economic or financial 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 shall
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.
The Board shall decide all appeals and applications
within 30 days after the public hearing and shall transmit a signed
copy of the Board's decision to the appellant or applicant and the
Building Inspector. Unless the Board specifically states that it will
postpone its deliberation or decision on any particular appeal to
a date after the date on which the public hearing was held, the Board's
decision shall be deemed filed in the Board's office as of the actual
date the Board makes its decision, and any written document memorializing
the Board's decision thereafter sent to the appellant or applicant
shall be deemed to relate back to the actual date of the Board's decision.
Any person or persons aggrieved by any decision
of the Zoning 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 Zoning Board of Appeals.
Costs shall not be allowed against the Board
unless it shall appear to the court that the Board acted negligently
or in bad faith, or with malice, in making the decision appealed from.
