[Adopted as Sec. 2-4-2 of the 1995 Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A Zoning Board of Appeals shall be appointed and governed by
the state zoning enabling law as contained in § 62.23, Wis.
Stats., the Village Zoning Code and ordinances and this section. The
laws of the state or Village and local ordinances shall prevail in
that order. The Zoning Board of Appeals shall consist of five citizen
members and two alternate members, appointed by the Village President
subject to confirmation by the Village Board, for staggered three-year
terms of office. The members shall serve with compensation as determined
by the Village Board and fixed by ordinance and shall be removable
by the Village Board for cause upon written charges and upon public
hearing. The Village President shall designate one of the members
Chairman.
The Zoning Board of Appeals shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the enforcement of any Village Zoning Code[1] or any ordinance adopted under § 62.23, 61.35
or 62.231 (wetlands), § 87.30 or 281.31 (floodplains) or
Chapter 91 (farmland preservation), Wis. Stats.
B.
To hear and decide special exceptions to the terms of the Village
zoning and floodplain zoning regulations upon which the Board of Appeals
is required to pass.
C.
To authorize, upon appeal in specific cases, such variance from the
terms of the Village zoning regulations 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 of the Zoning Code shall be observed, public safety and
welfare secured and substantial justice done; provided, however, that
no such action shall have the effect of establishing in any district
a use or uses not permitted in such district. The Zoning Board of
Appeals shall not grant use variances in floodplain or wetland and
conservancy districts. In all other districts, no use variance shall
be granted unless the applicant has first petitioned for a zoning
amendment or a conditional use permit, if applicable, and upon a showing
that no lawful and feasible use of the subject property can be made
in the absence of such variance. Any use variance granted shall be
limited to the specific use described in the Board's decision and
shall not permit variances in yard, area or other requirements of
the district in which located.
D.
To permit the erection and use of a building or premises in any location
subject to appropriate conditions and safeguards in harmony with the
general purposes of the Zoning Code for such public utility purposes
which are reasonably necessary for public convenience and welfare.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
The Zoning Board of Appeals may reverse or affirm, wholly or in part,
or may modify any order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination
as in its opinion ought to be made. If a quorum is present, the Board
of Appeals may take action under this subsection by a majority vote
of the members present. The grounds of every such determination shall
be stated and recorded. No order of the Zoning Board of Appeals granting
a variance shall be valid for a period of longer than six months from
the date of such order unless the zoning permit is obtained within
such period and the erection or alteration of a building is started
or the use is commenced within such period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
All meetings and hearings of the Zoning Board of Appeals shall be
open to the public, except that the Board may go into executive session
to deliberate after a hearing or an appeal. The final vote on an appeal
shall be taken in open session by roll call vote, recorded and open
for public inspection in the Board's office. Public notice of all
regular and special meetings shall be given to the public and news
media as required by the Wisconsin Open Meeting Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B.
Special meetings may be called by the Chairman or by the Secretary
at the request of two members. Notice of a special meeting shall be
mailed to each member at least 48 hours prior to the time set for
the meeting, or announcement of the meeting shall be made at any meeting
at which all members are present.
C.
Hearings may be held at any regular or special meeting at the time
set by the Chairman.
D.
A quorum for any meeting or hearing shall consist of four members,
but a lesser number may meet and adjourn to a specified time.
E.
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 examination and
other official actions, all of which shall be immediately filed in
the office of the Village Clerk and shall be public record. The Board
shall adopt its own rules of procedure not in conflict with this Code
of Ordinances or with the applicable Wisconsin Statutes.
[Amended 11-17-2022 by Ord. No. 2022-6]
F.
No Board members shall participate in the decision of or vote upon
any case in which the member is financially interested, directly or
indirectly, but the Chairman shall direct an alternate member to act
instead. Disqualification of a member for interest shall not decrease
the number of votes required for acting upon any matter, but such
member may be counted in determining whether a quorum is present for
the transaction of business.
