There is established a Board of Appeals for the purpose of hearing
appeals and applications and granting variances and exceptions to
the provisions of this chapter in harmony with the purpose and intent
of this chapter.
A.
The Board of Appeals shall consist of five members appointed by the
Village President and confirmed by the Village Board.
B.
Terms shall be for staggered three-year periods.
C.
The Chairman shall be designated by the Village President.
D.
An alternate member may be appointed by the Village President for
a term of three years. Such alternate member shall act only when a
regular member is absent or refuses to vote because of interest.
E.
One member shall be a registered architect, registered professional
engineer, builder, or real estate appraiser.
F.
The Secretary shall be the Village Administrator.
G.
The Zoning Inspector shall attend all meetings for the purpose of
providing technical assistance when requested by the Board.
H.
Official oaths shall be taken by all members in accordance with § 19.01,
Wis. Stats., within five days of receiving notice of their appointment.
I.
Vacancies shall be filled for the unexpired term in the same manner
as appointments for a full term.
A.
The Board of Appeals shall organize and adopt rules of procedure
for its own government in accordance with the provisions of this chapter.
B.
Meetings shall be held at the call of the Chairman and shall be open
to the public.
C.
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.
D.
The concurring vote of four members of the Board shall be necessary
to correct an error, grant a variance, make an interpretation or permit
an unclassified or substitute use.
A.
The Board of Appeals shall have the following powers:
(1)
Errors. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Zoning Inspector.
(2)
Variances. To hear and grant appeals for variances that 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 safety, welfare and justice be secured. Use
variances shall not be granted.
(3)
Interpretations. To hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Plan Commission has made a review and recommendation.
(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.
(5)
Unclassified uses. To hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Plan Commission
has made a review and recommendation.
(6)
Temporary uses. To hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure, and are compatible
with the neighboring uses and that the Plan Commission has made a
review and recommendation. The permit shall be temporary, revocable,
and subject to any conditions required by the Board of Appeals and
shall be issued for a period not to exceed 12 months. Compliance with
all other provisions of this chapter shall be required.
B.
Permits. The Board may reverse, affirm, wholly or partly, or modify
the requirements appealed from and may issue or direct the issue of
a permit.
C.
Assistance. The Board may request assistance from other officers,
departments, commissions and boards.
D.
Oaths. The Chairman may administer oaths and compel the attendance
of witnesses.
Appeals from the decision of the Zoning Inspector concerning
the literal enforcement of this chapter may be made by any person
aggrieved or by any officer, department, board or bureau. 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 Inspector. 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 application shall include the following:
The Board of Appeals shall fix a reasonable time and place for
the hearing, giving public notice thereof at least 10 days prior to
the hearing, and shall give due notice to the parties in interest,
the Zoning Inspector, and the Plan Commission. 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. Such variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other properties in the same district and the 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.
A.
The 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 Inspector,
and Plan Commission.
B.
Conditions may be placed upon any zoning permit ordered or authorized
by this Board.
C.
Variances, substitutions, or use permits ordered 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 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 Board
of Appeals.
A fee of as set by the Village Board will be charged for each
application submitted herewith, which includes publication costs.
The applicant will also be required to pay the costs of any consultant
reports which may be required by the Board.
