There is hereby established a Board of Adjustment for the Town
for the purpose of hearing appeals and applications, and granting
variances and exceptions to the provisions of this chapter.
The Board of Adjustment shall consist of five members appointed
by the Town Board and confirmed by the Town Board.
A.
Terms shall be for staggered three-year periods.
B.
Chairman shall be designated by the Board of Adjustment.
C.
Conflict of interest. Any member who has any interest in a matter
before the Board shall not vote thereon and shall remove himself from
any meeting or hearing at which said matter is under consideration.
D.
No member shall be a Town Board member, Planning and Zoning Committee
member, or the Building Inspector.
E.
Secretary shall be the Town Clerk.
F.
Building Inspector shall attend all meetings for the purpose of providing
technical assistance when requested by the Board of Adjustment.
G.
Official oaths shall be taken by all members in accordance with § 19.01,
Wis. Stats., within 10 days of receiving notice of their appointment.
H.
Vacancies shall be filled for the unexpired term in the same manner
as appointments for a full term.
I.
Compensation shall be as determined by the Town Board.
The Board of Adjustment 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,
or if absent, or failing to vote indicating such fact, the reasons
for the Board's determination, and its finding of facts. The Secretary
shall keep records of the Board's examinations and other official
actions, all of which shall be immediately filed with the Town Clerk
and shall be a public record.
C.
The concurring vote of three members of the Board shall be necessary
to correct an error; grant a variance; make an interpretation; and
permit a utility use.
The Board of Adjustment 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 an adminstrative
official in the enforcement of this Zoning Ordinance, but not including
power to hear an appeal from a decision of the Town Board in granting
or denying a conditional use permit.
[Amended 5-13-2013]
B.
Variances: 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 purpose of this chapter shall be
observed and the public safely, welfare, and justice secured. Use
variances and self-imposed hardships shall not be granted.
C.
Interpretations: to hear and decide applications for interpretations
of the codes, regulations, ordinances and the boundaries of the zoning
districts after the Planning and Zoning Committee has made a review
and recommendations.
D.
Permits. The Board may reverse, affirm wholly or partly, modify the
requirements appealed from, and may direct the issue of a permit.
E.
Assistance. The Board may request assistance from other Town and
county officials, departments, commissions, and boards.
F.
Oaths. The Chairman shall administer oaths and may compel the attendance
of witnesses.
[Amended 5-13-2013]
Appeals from the decision of any administrative official under
this chapter may be made to the Board of Adjustment by any person
aggrieved or by any officer, department, committee, board, or bureau
of the Town, provided that no appeal may be made to the Board of Adjustment
from a decision of the Town Board in granting or denying a conditional
use permit. Such appeals shall be filed with the Secretary within
30 days after the date of written notice of the decision or order
of the Building Inspector and/or Town Board. Applications may be made
by the owner of 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, and owners within 200 feet in
developed areas and 1,000 feet in all other areas as delineated on
the Town Plan.
B.
Plat of survey prepared by a registered land surveyor showing all of the information required under § 400-62 for a building permit.
C.
Additional information required by the Town Planning and Zoning Committee,
Board of Adjustment, or Building Inspector.
D.
Fee receipt from the Town Treasurer in the appropriate amount as
set by the Town Board.
The Board of Adjustment shall hold a public hearing within 30
days of receiving written application for the hearing, give public
notice thereof at least 10 days prior to the hearing by publication
of a Class 1 notice under Ch. 985, Wis. Stats., and shall give due
notice to the parties in interest, the Building Inspector, and the
Town Board. At the hearing the appellant or applicant shall 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 that one or more of 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.
Absence of detriment: that 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.
C.
Conclusion of law: that the findings of the Board of Adjustment are
based on a legal foundation and consistent with appropriate codes,
ordinances, and state statutes.
The Board of Adjustment shall decide all appeals and applications
within 30 days of the final hearing and shall transmit a signed copy
of the Board's decision to the appellant or applicant, Building Inspector
and Town Board.
A.
Conditions may be placed upon any building permit ordered or authorized
by the Board.
B.
Variances granted or building permits directed by the Board shall
expire within six months unless substantial work has commenced pursuant
to such grant.
C.
If any application for a variance is denied, a new application may
not be accepted unless the request is substantially different from
the original request.
Any person or persons aggrieved by any decision of the Board
of Adjustment 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
60 days after the filing of the decision in the office of the Town
Clerk.
