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Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
There is hereby established a Board of Appeals for the Village of Elm Grove for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter consistent with the purpose and intent of this chapter.
The Board of Appeals shall consist of five members appointed by the Village President and approved by the Village Board. The Village President shall appoint a Village Board Trustee as an ex officio member of the Board of Appeals for a one-year term. In addition:
A. 
Terms shall be for staggered three-year periods.
B. 
Two alternate members may be appointed by the Village President for terms of three years and shall act only when a regular member is absent or is unable to vote because of conflict of interest. The Village Clerk shall attend all meetings for the purpose of providing technical assistance when requested by the Board of Appeals.
C. 
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within 10 days of receiving notice of their appointments.
D. 
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
[Amended 8-22-2006]
The Village Board herein adopts rules for the conduct of the business of the Board of Appeals in accordance with the provisions of this chapter. The Board of Appeals may adopt further rules as necessary.
A. 
Meetings shall be held at the call of the Chairperson and shall be open to the public.
B. 
Minutes of the proceedings and a record of all actions shall be kept by the Board, 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 Village Board and shall be a public record.
C. 
The presence of four members of the Board shall constitute a quorum. If a quorum is present, a majority vote shall be necessary to correct an error; grant a variance; make an interpretation; and permit a temporary, unclassified or substituted use. If there are less than four members present, the matter must be rescheduled.
The Board of Appeals shall have the following powers:
A. 
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made with respect to this chapter.
B. 
Variances. To hear and authorize appeals for variances where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured.
C. 
Interpretations. To hear and decide applications for interpretations of the zoning regulations and the location of the boundaries of the zoning districts, after the Plan Commission has made a review and recommendation.
D. 
Permits. The Board may reverse, affirm wholly or partly or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made.
E. 
Assistance. The Board may request assistance from other Village officers, departments, commissions, committees and boards.
F. 
Oaths. The Clerk may administer oaths and compel the attendance of witnesses.
Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the Village affected with respect to this Zoning Chapter. Such appeals shall be filed in the Office of the Village Clerk within 90 days after the date of written notice of the decision or order of the Village Clerk. 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 in the Office of the Village Clerk. Such appeals and application shall include the following:
A. 
Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B. 
Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and approved by the Zoning Administrator, showing all of the information required under § 335-84 of this chapter for a building permit.
C. 
Additional information required by the Zoning Administrator, the Board of Appeals or the Village Plan Commission.
A. 
The Board of Appeals shall fix a reasonable time and place for the hearing, post a notice for at least 14 days before the hearing thereof and shall give due notice to the parties in interest, the Zoning Administrator and the Village Plan Commission. At the hearing the appellant or applicant may appear in person, by agent or by attorney.
[Amended 4-22-2008]
B. 
Notice of all hearings held on appeals, variance applications or floodland or wetland disputes in a floodland district or in the shoreland portion of a W-1 Wetland District shall be mailed to the Wisconsin Department of Natural Resources (DNR) at least 10 days prior to the hearing. Final action on floodland/shoreland appeals, variances and boundary disputes shall not be taken for 30 days, or until the DNR has made its recommendation, whichever comes first. A copy of all Board of Appeals decisions on floodland/shoreland appeals, variances and boundary disputes shall be transmitted to the DNR within 10 days of the effective date of such decision.
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. 
Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use or conditional use in that particular district.
B. 
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 the Zoning Chapter should be changed.
C. 
Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
D. 
Preservation of property rights: that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
E. 
Absence of detriment: that 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.
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 and the Zoning Administrator. In addition:
A. 
Conditions may be placed upon any zoning permit ordered or authorized by this Board.
B. 
Variances granted 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 offices of the Board.