There is hereby established a Zoning Board of
Appeals for the Village of Belgium for the purpose of hearing appeals
and applications and for granting variances and exceptions to the
provisions of this chapter, in harmony with the purpose and intent
of this chapter.
The Zoning Board of Appeals shall consist of
five members appointed by the Village President and confirmed by the
Village Board.
A.
Terms shall be for staggered three-year periods.
B.
The Chairman shall be designated by the Village President.
C.
Alternate members. The Village President shall appoint
a first alternate member and a second alternate member to act only
when a regular member is absent or refuses to vote because of interest.
The second alternate member may act only when the first alternate
is unable to act or is already sitting.
D.
One member should be a Village Plan Commissioner.
E.
The Secretary and the office of the Zoning Board of
Appeals shall be the Village Clerk and the Village Clerk's office.
[Amended 3-8-2010 by Ord. No. 2-10]
F.
The Building Inspector shall attend all meetings for
the purpose of providing technical assistance when requested by the
Board.
G.
Official oaths shall be taken by all members in accordance
with § 19.01, Wis. Stats., within five days of receiving
notice of their appointment.
[Amended 1-12-2004 by Ord. No. 3-04]
H.
Vacancies shall be filled for the unexpired term in
the same manner as appointments for a full term.
The Zoning Board of Appeals shall organize and
adopt rules of procedure for its own government in accordance with
the provisions of this chapter.
A.
Meetings shall be held at the call of the Chairman
and shall be open to the public.
B.
Minutes of the proceedings and a record of all actions
shall be kept by the Secretary, or other designated person, 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.
C.
The concurring vote of four members of the Board shall
be necessary to reverse any order, requirement, decision or determination
of any administrative official, to grant a variance, or to make an
interpretation.
A.
The Zoning 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 any administrative official or the Architectural Review Board.
(2)
Variances. To hear and authorize appeals for variances
as will not be contrary to the public interest when, owing to special
conditions, a literal enforcement will result in practical difficulty
or unnecessary hardship, so that the spirit and purposes of this chapter
shall be observed and the public safety, welfare, and justice secured.
Use variances shall not be granted.
(3)
Interpretations. To hear and decide applications for
interpretations of the zoning regulations and the location of the
boundaries of the zoning districts, after the Village 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
Village Plan Commission has made a review and recommendation. Whenever
the Board permits such a substitution, the use may not thereafter
be changed without application.
B.
Permits. The Board may reverse, affirm wholly or partly
or modify the requirements appealed from and may issue or direct the
issuance of a permit.
C.
Assistance. The Board may request assistance from
other Village officers, departments, commissions, and boards.
D.
Oaths. The Chairman may administer oaths and compel
the attendance of witnesses.
Appeals of the decision of the Building Inspector
or any administrative official concerning the literal enforcement
of this chapter may be made by any person aggrieved or by any officer,
department, board, or bureau of the Village. Such appeals shall be
filed with the Secretary within 30 days after the date of written
notice of the decision or order of the Building Inspector or administrative
official. 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 applications 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, showing all of the information required under § 270-115 for a building permit.
C.
Additional information required by the Zoning Board
of Appeals, the Village Plan Commission, or the Building Inspector.
The Zoning Board of Appeals shall fix a reasonable
time and place for the hearing, publish a Class 2 notice thereof and
shall give due notice to the parties in interest, the Building Inspector
and the Village 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.
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 this 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. 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. 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 Zoning 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, Building Inspector and the Village Plan Commission.
[Amended 3-8-2010 by Ord. No. 2-10]
Any person or persons aggrieved by any decision
of the Zoning 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
with the Village Clerk.
