Village of Elm Grove, WI Article I Building Board

[Adopted 3-22-1995; amended 12-11-2000]

§ 7-1 Building permit approval. [1]

[Amended 12-21-2004]

A. No building permit required under this Code of Ordinances for any structure shall be issued unless the Building Board has first issued an explanatory decision consisting of a determination that, when erected, the proposed exterior architectural appeal and functional plan shall not be either:

(1) So at variance with, nor so similar to the exterior architectural appeal and functional plan of structures under construction or existing in the immediate neighborhood, as to tend to pose an adverse impact on aesthetic values of the immediate neighborhood within the applicable zoning district; or

(2) So at variance with the intended character of the applicable district established by Chapter 335, Zoning, as may be amended or supplemented, as to tend to pose an adverse impact on the aesthetic values of the immediate neighborhood within the applicable zoning district.

B. The determination required in § 7-1A shall require no less than a majority vote.

C. Before the determination required in § 7-1A can be rendered, the following shall first occur:

(1) The Building Board must view the site of the proposed structure; and

(2) The Building Board shall have examined the application papers for a building permit which shall include an exterior elevation of the proposed structure.

[1] Editor's Note: See also Ch. 106, Building Construction.

§ 7-2 Membership; terms of office.

A. Members. The Building Board shall consist of nine residents of the Village appointed by the Village President for staggered terms of three years each, subject to approval by a majority of the full Village Board. At least one of its members shall be a Trustee of the Village Board, and the term of office of such Trustee member shall be for a period of one year commencing upon the occurrence of the latter of the date upon which said Trustee's term of office as Trustee commenced pursuant to § 61.23(2), Wis. Stats., or the date upon which said Trustee was duly appointed a member of the Building Board pursuant to this section.

B. Nonofficial member. The President shall appoint the Chairperson. The Chairperson of such Building Board may appoint, with approval of such Building Board, one nonofficial member to such Board who is a person engaged in business in the Village and not a citizen thereof. Such nonofficial member may participate in all discussions of such Building Board and shall be a nonvoting member thereof. The term of office of such nonofficial member shall be one year or until his/her successor shall have been appointed and qualified.

§ 7-3 Hearings.

The Zoning Administrator of the Village shall submit to the Board for consideration all applications for building permits which he or she has found comply in all respects with all other ordinances of the Village. The Board may, if it desires, hear the applicant for the building permit in question and/or the owner of the lot on which it is proposed to erect the structure in question, together with any other persons desiring to be heard, whether residents or property owners, giving such notice of hearing consistent with state open meeting laws.[1] Such hearing may be adjourned from time to time, not to exceed 30 days.

[1] Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.

§ 7-4 Filing of decisions.

[Amended 12-21-2004]

A. The Building Board shall file a written decision in the office of the Zoning Administrator no later than 10 business days after the close of a hearing.

B. Following the filing of a written explanatory decision consisting of a determination, the Zoning Administrator shall send a copy to the Building Inspector and the Building Inspector shall send a copy to the applicant with the building permit.

C. In all instances the decision of the Building Board must contain explanatory findings with respect to these two questions:

(1) Will the exterior architectural appeal and functional plan of the proposed structure be so at variance with or so similar to the exterior architectural appeal and functional plan of structures under construction or existing in the immediate neighborhood, as to tend to pose an adverse impact on aesthetic values in the immediate neighborhood within the applicable zoning district?

(2) Will the exterior architectural appeal and functional plan of the proposed structure be so at variance with the intended character of the applicable district as stated in Chapter 335, Zoning, as may be amended or supplemented, as to tend to pose an adverse impact on the aesthetic values in the immediate neighborhood within the applicable zoning district?

§ 7-5 Appeals.

A. Any person aggrieved by the decision of the Building Board may file an appeal to the Board of Appeals within 30 days from the filing of the Building Board's decision with the Zoning Administrator.

B. On appeal, factual findings by the Building Board may be overturned only when, upon examination of the entire record, the evidence, including the inferences therefrom, is such that a reasonable person could not have reached the same decision from the evidence and its inferences. An interpretation of Chapter 335, Zoning, by the Building Board shall be upheld on appeal if it is reasonable and if it is not contrary to the clear meaning of the chapter.