The Zoning Board of Appeals established in § 70.101 of the municipal code shall serve as the appeal authority under § 68.09(2), Wis. Stats., and is therefore authorized to hear and decide appeals of any order, requirement, decision, or determination by the administering authority in administering this chapter.
A.
The rules, procedures, duties and powers of the Zoning Board of Appeals
and the provisions of Ch. 68, Wis. Stats., shall apply to appeals
under this chapter.
B.
A request for an appeal shall be filed with the Village Administrator
within 30 days of action or decision to be appealed. The appeal request
shall specify whether an interpretation of chapter requirements or
a variance is sought and the grounds thereof.
C.
The appeal shall be heard by the Zoning Board of Appeals at a regularly
scheduled meeting with public notice as required by § 19.81,
Wis. Stats. The appeal shall be heard within 45 days of the date the
appeal is filed with the Village Administrator. A copy of the meeting
notice shall be sent to the applicant and the appropriate Village
Board. The Village Administrator shall transmit to the Zoning Board
of Appeals all documents constituting the record from which the appeal
was taken.
D.
A written decision regarding the appeal shall be made within a reasonable
time.
E.
The final decision on an appeal shall be in the form of a written
determination signed by the Chairperson or Secretary of the Zoning
Board of Appeals. The determination shall state the specific facts,
which are the basis for the Board's decision and shall either
affirm, reverse, vary or modify the order, requirement, decision or
determination appealed, in whole or in part, deny the appeal for lack
of justification or grant or deny the application for a variance.
The reasons or justifications for granting an appeal, including a
description of the hardship or practical difficulty which was demonstrated
by the applicant in the case of a variance, shall be clearly stated
in the recorded minutes of the Board's meeting.
Appeals may be taken by any person having a substantial interest
which is adversely affected by the order, requirement, decision, or
determination made by the administering authority.
A.
The Zoning Board of Appeals may upon appeal authorize a variance
from the requirements of this chapter when, upon showing by the applicant,
unnecessary hardship would result from a literal enforcement of this
chapter. The granting of a variance for unnecessary hardship shall:
(2)
Not permit an activity or practice that may fail structurally or
otherwise and cause significant water pollution or other off-site
impacts.
(3)
Be due to unique circumstances and not to the general conditions
of the area.
(4)
Not be granted for a self-created hardship.
(5)
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.
(6)
Not be granted solely on the basis of economic gain or loss.
(7)
Not be granted solely on the fact that certain conditions existed
prior to the effective date of this chapter.
B.
The Zoning Board of Appeals may authorize a variance from the requirements
of this chapter, provided the applicant receives a variance from the
technical standards through the Natural Resources Conservation Service
or other qualified engineering authority. If public funds are involved,
this may be a program requirement.
