There is hereby established a Zoning Board of Appeals for the
Village of Soldiers Grove for the purpose of hearing appeals and applications,
and granting variances and exceptions to the provisions of this chapter.
The Zoning Board of Appeals shall consist of the membership
of the Village Board.
A. Terms of office shall be the same as those for Village Board members.
B. The Chairman shall be the Village President.
C. The Secretary shall be the Village Clerk-Treasurer.
D. The Zoning Administrator shall attend all meetings for the purpose
of providing technical assistance when requested by the Board.
E. Official oaths shall be taken by all members in accordance with § 19.01
of the Wisconsin statutes.
F. Vacancies shall be filled for the unexpired term in the same manner
as appointments for a full term.
The Zoning Board of Appeals shall organize and adopt rules of
procedure for its own government in accordance with the provisions
of this chapter.
A. Meetings shall be held at the call of the Chairman and shall be open
to the public.
B. Minutes of the proceedings and a record of all actions shall be kept
by the Secretary, showing the vote of each member upon each question,
the reasons for the Board's determination, and its finding of facts.
These records shall be immediately filed in the office of the Board
and shall be a public record.
C. The concurring vote of four members of the Board shall be necessary
to correct an error; grant a variance; make an interpretation; and
permit a utility, temporary, unclassified, or substituted use. The
Chairman is a voting member.
The Zoning Board of Appeals shall have the following powers:
A. Errors. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by the
Zoning Administrator.
B. Variances.
(1) To hear and grant appeals for variances 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 and purposes of this chapter shall be observed
and the public safety, welfare, and justice secured. Use variances
shall not be granted.
(2) Any deviation from the standards of this chapter, for which a permit has been denied by the Zoning Administrator, may be allowed only upon written request for a variance submitted to the Zoning Administrator, after a public hearing and the issuance of a variance by the Board of Appeals. The Board may authorize in specific cases such variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions affecting a particular property, a literal enforcement of the provisions of this chapter would result in unnecessary hardship as defined in Article
XV.
[Added 5-5-1983]
(a)
With regard to floodplain zoning regulations (Article
IV), a variance:
[1]
Shall be consistent with the spirit and purpose of this chapter as stated in §
225-3.
[2]
Shall not permit a lower degree of flood protection in the floodway area than the flood protection elevation as defined in Article
XV. In the flood fringe area, a lower degree of flood protection than the flood protection elevation may only be allowed pursuant to §
225-31.
[3]
Shall not be granted because of conditions that are common to
a group of adjacent lots or premises. (In such a case this chapter
would have to be amended following proper procedures.)
[4]
Shall not be granted unless it is shown that the variance will
not be contrary to the public interest and will not be damaging to
the rights of other persons or property values in the area.
[5]
Shall not be granted for actions which require an amendment to this chapter or the maps described in §
225-30.
[Amended 6-7-2001 by Ord.
No. 2001-01]
[6]
Shall not have the effect of granting or increasing a use of
property which is prohibited in a particular zoning district.
[7]
Shall not be granted solely on the basis of economic gain or
loss.
[8]
Shall not be granted for a self-created hardship.
(b)
When a variance is granted the applicant shall be notified,
in writing, by the Secretary of the Zoning Board of Appeals that increased
flood insurance premiums may result. A copy of this notification shall
be maintained with the variance appeal record.
C. Interpretations. To hear and decide application for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Village Plan Commission has made a review and recommendation.
D. 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 Village
Plan Commission has made a review and recommendation. Whenever the
Board permits such a substitution, the use may not thereafter be changed
without application.
E. Permits. The Board may reverse, affirm wholly or partly, modify the
requirements appealed from, and may issue or direct the issue of a
permit.
F. Assistance. The Board may request assistance from other departments,
commissions, and boards.
G. Oaths. The Chairman may administer oaths and compel the attendance
of witnesses.
The Zoning Board of Appeals shall not grant a variance or issue any order for filling or construction contrary to the purpose and standards of the floodplain overlay districts. (Refer to Article
IV.) All appeals in the floodplain overlay districts shall be referred to the Wisconsin Department of Natural Resources, Bureau of Water Regulation. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first.
Appeals from the decision of the Zoning Administrator 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 Secretary within 30 days after
the date of written notice of the decision or order of the Zoning
Administrator. Applications may be made by the owner or lessee of
the structure, land, or water to be affected at any time and shall
be filed with the Secretary. Such appeals and applications shall include
the following:
A. Name and address of the appellant or applicant and all abutting and
opposite property owners of record.
B. Plat of survey or a location sketch drawn to scale, showing all of the information required under §
225-11 for a zoning permit.
C. Additional information required by the Village Plan Commission, Village
Engineer, Zoning Board of Appeals, or Zoning Administrator.
The Zoning Board of Appeals shall fix a reasonable time and place for the required public hearing, and shall give notice as specified in Article
XIII of this chapter. At the hearing the appellant or applicant may appear in person, by agent, or by attorney.
No variance to the provisions of this chapter shall be granted
by the Board unless it finds beyond a reasonable doubt that all the
following facts and conditions exist and so indicates in the minutes
of its proceedings:
A. Exceptional circumstances. 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.
B. Preservation of property rights. 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.
C. Absence of detriment. The variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose and spirit of this chapter or the public interest.
The Zoning Board of Appeals shall decide all appeals and applications
within 30 days after the final hearing and shall transmit a signed
copy of the Board's decision to the appellant or applicant, Zoning
Administrator, and Village Plan Commission.
A. Conditions may be placed upon any zoning permit ordered or authorized
by this Board.
B. Variances, substitutions, or use permits granted by the Board shall
expire within six months unless substantial work has commenced pursuant
to such grant.
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.