Without limiting any authority granted to the
Village Board by state law or by other ordinances of the Village,
the Village Board shall have the following powers and duties with
respect to this chapter, to be carried out in accordance with the
terms of this chapter:
A.
Established. The Board of Appeals shall consist of
five primary members and two alternates who shall be appointed by
the Village President and approved by the Village Board. The members
of the Board shall serve without compensation. The Village President
shall designate one member Chairman, and the Clerk-Treasurer or his
deputy shall serve as Secretary of the Board. The terms of office
of the members of the Board shall be staggered terms for three years.
B.
Meetings. All meetings of the Board shall be held
at the Village Hall unless a different meeting place is announced
in a public notice of the meeting and shall be open to the public.
Meetings of the Board shall be held at the call of the Chairman and
at such other times as the Board may determine. The Chairman or, in
his absence, the Acting Chairman may administer oaths and compel the
attendance of witnesses.
C.
Rules and regulations. The Board shall adopt from
time to time such rules and regulations as it may deem necessary to
carry into effect the provisions of this section and of § 62.23(7),
Wis. Stats. The Board shall keep minutes of its proceedings showing
the vote of each member upon each question or if absent or failing
to vote showing such fact. The final disposition of appeals shall
be by recorded resolution indicating the Board's reasons, all of which
shall be a public record. The concurring vote of four members of the
Board shall be necessary to reverse any order or determination of
the Building Inspector or to decide in favor of the applicant any
matter upon which the Board is required to pass or to effect any variation
from the terms of this chapter.
D.
Appeals. Appeals to the Board of Appeals may be taken
by any person aggrieved or by an officer, department, board or bureau
of the Village within 30 days after the date of any decision of an
Administrative Officer by filing with the Village Administrator a
notice of appeal specifying the grounds thereof. The Village Administrator
shall forthwith transmit to the Board of Appeals the notice of appeal
and all papers constituting the record upon which the action appealed
from was taken. For purposes of this section, the term "Administrative
Officer" means the Building Inspector or the Building Board. It does
not include the Plan Commission. The Board shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing any party may appear in
person or by agent or attorney.
[Amended 8-14-2012]
E.
Powers of the Board. The Board shall have the following
powers:
(1)
To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Building Inspector or Building Board in the administration
of this chapter, subject to the following:
[Amended 8-14-2012]
(a)
The scope of review of a decision of the Building Inspector
shall be a de novo review before the Board of Appeals.
(b)
The scope of the review of a decision of the Building Board
shall be limited before the Board of Appeals to:
[1]
Whether the Building Board kept within its jurisdiction;
[2]
Whether the Building Board proceeded on a correct theory of
law;
[3]
Whether the Building Board's action was arbitrary, oppressive
or unreasonable and represented its will, not its judgment; and
[4]
Whether the evidence was such that the Building Board might
have reasonably made the order or determination in question.
(2)
To permit the reasonable extension of a district where
the boundary line of a district divides a lot in a single ownership
at the time of adoption of this chapter.
(3)
To interpret the provisions of this chapter in such
a way as to carry out the intent and purpose of the plan where the
street layout actually on the ground varies from the street layout
as shown on the Zoning Map.
(4)
To permit a temporary building in the "A" Residence
District or "B" Residence District which is incidental to residential
construction, such permit to be issued for a period of not more than
one year.
(5)
To permit an accessory building, subject to appropriate
conditions and safeguards in harmony with the general purpose and
intent of this chapter, to exceed 15 feet in height, provided that
the top of such accessory building shall not be more than five feet
above the mean elevation of the ground adjoining the main building.
(6)
If recommended by the Public Service Commission of
Wisconsin, to permit in appropriate cases and subject to appropriate
conditions and safeguards in harmony with the general purpose and
intent of this chapter a building or premises to be erected or used
by a public service corporation or for public utility purposes in
any location and for any purpose which is reasonably necessary for
the public convenience and welfare.
(7)
To authorize upon application in specific cases such variance from
terms of this chapter as will not be contrary to the public interest
and substantial justice, where, owing to special conditions, a literal
enforcement of the provisions of this chapter would result in practical
difficulty or unnecessary hardship, so that the spirit of this chapter
shall be observed, public safety and welfare secured, and substantial
justice done.
[Amended 8-14-2012; 7-10-2018]
(a)
The property owner shall bear the burden of proving "unnecessary
hardship," as that term is used in this subsection, as follows:
[1]
For an area variance, by demonstrating that strict compliance
with this chapter would unreasonably prevent the property owner from
using the property owner's property for a permitted purpose or would
render conformity with this chapter unnecessarily burdensome;
[2]
For a use variance, by demonstrating that strict compliance
with this chapter would leave the property owner with no reasonable
use of the property in the absence of a variance.
(b)
In all circumstances, the property owner bears the burden of
proving that the unnecessary hardship is based on conditions unique
to the property, rather than considerations personal to the property
owner, and that the unnecessary hardship was not created by the property
owner.
(c)
In granting any variance, the Board may impose such reasonable
conditions relative to the nature of the requested variance as it
may determine, consistent with the provisions of this chapter. Any
variance granted shall specify that the action authorized by the variance
must be commenced within one year of the date of the variance grant
and be completed within three years thereafter, unless the Board determines
that different time periods are appropriate given the nature of the
variance. A variance granted by the Board runs with the land in question.
F.
In exercising the above-mentioned powers the Board
may, in conformity with the provisions of the law, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and shall make such order, requirement,
decision or determination as in its opinion ought to be made to the
premises and to that end shall have all the powers of the Building
Inspector.
G.
Grievances. Any person or persons jointly or severally
aggrieved by any decision of the Board, or any taxpayer, or any officer,
department, board or bureau of the Village, may, within 30 days after
the filing of the decision in the office of the Board of Appeals but
not thereafter, present to a court of competent jurisdiction a petition,
duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of illegality, whereupon such decision
of the Board shall be subject to review by certiorari as provided
by law.
[Amended 6-9-2015; 11-9-2021]
A.
The Building Board shall consist of seven members composed of at
least one member of the Village Board who shall serve as Chairman,
and the remaining Building Board members shall be citizen members
appointed annually by the President and confirmed by the Village Board.
The Building Board shall include at least one member who shall be
a professional planner, professional architect, or other related building
design professional. All members shall be voting members. The Village
Administrator or his/her deputy shall be Secretary of the Building
Board.
B.
The Building Board may, if it desires, hear the applicant and/or
the owner of the lot on which it is proposed to erect or alter the
structure in question together with any other persons, whether residents
or property owners, desiring to be heard. Notice of the hearing shall
be posted at least 24 hours before the hearing. Such hearing may be
adjourned from time to time for a length of time to be determined
by the Building Board. After the close of the hearing the Village
Administrator or his/her designee shall prepare, in writing, the findings
of the Building Board granting or denying the request.
C.
The Building Board shall hear and approve or disapprove all applicants' requests, including but not limited to new construction, additions to any existing structure, window modifications in terms of proportion, size, detail, color and/or function, new and replacement windows, exterior siding, new or replacement fences, swimming pools, tennis courts, any sign requiring a sign permit under § 225-93 in a business zoning district, miscellaneous and accessory buildings, including storage sheds, boathouses and boat shelters, and alterations which involve a significant change in the exterior appearance of an existing structure.
D.
Review by Village Administrator.
(1)
The Village Administrator shall have the authority to review and
approve or disapprove the following applications, without review and
approval by the Building Board:
(a)
Window replacements of similar size and design (modifications
between single and divided pane designs excluded).
(b)
Door replacements of similar size and general appearance (changes
in material acceptable).
(c)
Garage door replacements of similar size with minimal modification
to the original design of the structure (changes in material acceptable).
(d)
Roof replacements of similar materials with minimal modification
to the original design of the structure.
(e)
Roof-mounted photovoltaic solar electric facilities on existing
structures.
(f)
Exterior siding of similar design with minimal modification
to the original design of the structure (changes in material acceptable).
(g)
Patio, deck and walkway replacements permitted under current
ordinances, no greater than 100 square feet larger than the existing
facility (changes in material acceptable).
(h)
Driveway replacements of similar size (changes in material acceptable).
(i)
Fence replacements of same size, location and materials as existing
fence, and permitted under current ordinances.
(j)
Fence replacements of different size, location or materials
as existing fence; up to four feet in height when made of wood, other
natural-appearing material, vertical rail materials of a dark color,
or material identical of existing fence (privacy and chain-link fences
excluded).
E.
An application decision that is determined by the Village Administrator without approval of the Building Board may be appealed to the Building Board by any aggrieved person within 30 days after the date of the Village Administrator's decision. The Building Board shall consider such appeal in the manner provided in Subsection B above.
The Plan Commission shall have the duties and
responsibilities set forth in the Village Code,[1] to be carried out in accordance with the terms of this
chapter.
A.
The Village Administrator or designee, acting in the capacity of Building Inspector, shall see that the requirements of this chapter and Chapter 90, Building Construction and Fire Prevention, of the Village Code are met and that the provisions of those chapters are enforced insofar as they lie within his/her power under the laws of the state and the ordinances of the Village. Appeals from the decisions of the Building Inspector involving this chapter shall be taken to the Board of Appeals as provided in this chapter.
B.
Duplicate copies of the completed plans and specifications
for the erection, alteration, enlargement or repair of any building
within the Village, including sewage disposal and water system, with
all information necessary for the completion of the work, together
with a statement of ownership, legal description, map of the property
showing thereon the exact location of all existing and proposed structures
and systems, and such other information as may be necessary to provide
for the enforcement of this chapter, shall be filed with the Building
Inspector. All plans and specifications for the erection or alteration
of the building's exterior walls or facade with a project cost of
$75,000 or more or proposed square footage increase of 500 square
feet or more shall be submitted by an architect, engineer, or designer.
No permit for erection, alteration, enlargement, or repair of any
building within the Village shall be issued for any project having
an approximate cost of $20,000 or more unless the owner agrees in
writing to locate all utility service lines, including electric, telephone,
and cable distribution lines, to his residence underground within
six months of the issuance of a building permit for the project. For
permits not requiring Building Board review and approval, no work
or excavation for such work shall be commenced by any person, firm
or corporation without first receiving a building permit from the
Building Inspector who shall issue or refuse such permit in writing
within 10 days after proper application therefor. The applicant shall
pay a permit fee at the time the application is made in accordance
with the fee schedule adopted from time to time by the Village Board.[1]
[1]
Editor's Note: The current fee schedule is
on file at the Clerk-Treasurer's office..
C.
In instances where building permits require Building Board approval, no building permit shall be issued unless the Building Inspector has determined compliance with Chapter 90, Building Construction and Fire Prevention, of the Village Code and this chapter and it has been found as a fact by the Building Board, by at least a majority vote, after a view of the site of the proposed structure and an examination of the application papers for a building permit, which shall include exterior elevations of the proposed structure, that the exterior architectural appeal and functional plan of the proposed structure will, when erected, not be so at variance with nor so similar to either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by this chapter, or any provisions amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of the neighborhood within the applicable district. The foregoing required finding shall be in addition to the finding required in respect to miscellaneous structures and accessory buildings, boathouses and boat shelters, and fences.
D.
On an appeal to the Board of Appeals, in the absence of proof to the contrary adduced before the Board of Appeals, a refusal to grant the building permit because of refusal of the Building Board to make the finding required by Subsection C hereof shall be deemed to be based upon facts supporting the conclusion that the exterior architectural appeal and functional plan of the proposed structure for which a building permit was refused would, when erected, be so at variance with all of the exterior architectural appeal and functional plan for structures already constructed or in the course of construction in the immediate neighborhood, or the character of the applicable district, as to cause a substantial depreciation in the property values of the neighborhood within the applicable district.
