[Amended 6-20-2006 by Ord. No. 867-06]
A.
The County Board of adjustment shall consist of three
members; and shall be appointed by the Chairperson of the County Board
with such appointments being approved by the County Board. The term
of appointment for each member shall be staggered three years, with
a term beginning on July of the appropriate year. The members shall
be those serving on the effective date of this chapter, who shall
continue in office until the expiration of their term for which they
are appointed. The alternate member(s) shall be appointed in the same
manner and under the same criteria as the full members.
B.
The Chairperson of the County Board shall appoint,
for staggered three-year terms, two alternate members to the Board
of Adjustment, who are subject to approval of the County Board. Annually,
the Chairperson of the County Board shall designate one of the alternate
members as the first alternate and the other as the second alternate.
The first alternate shall act, with full power, only when a member
of the Board of Adjustment refuses to vote because of conflict of
interest or when a member is absent. The second alternate shall act
only when the first alternate refuses to vote because of conflict
of interest or is absent, or if more than one member of the Board
of Adjustment refuses to vote because of a conflict of interest or
is absent.
C.
Alternate members shall attend all meetings of the
Board of Adjustment and shall fill in for an absent member(s); member(s)
having a conflict of interest; in order to form a quorum. Alternates
shall serve in the order that they are numbered. When completing a
quorum the alternates shall have all power and authority of a member.
When present, the alternates shall be paid the same per-diem, mileage,
training and reimbursement costs as a member.
D.
Successors to members and alternates shall be appointed
at the expiration of each term, and in all cases each term shall be
three years beginning on July 1 in the year that they are appointed,
or until their successor is appointed.
E.
Vacancies that occur prior to the expiration of a
term, for a member or an alternate, shall be filled in the same manner
as the original appointment.
F.
Members and alternates of the Board of Adjustment
shall reside within the County and outside of the limits of incorporated
cities and villages; provided, however, that no two members shall
reside in the same town. In addition, in making appointments, the
Chairperson of the County Board shall strive for balanced representation,
County-wide.
G.
The Board of Adjustment shall elect its own Chairperson.
The election of a Board of Adjustment Chairperson shall occur annually
at the regular April meeting prior to conducting normal business.
A.
The Board shall meet at the call of the Chairperson, or at such other
times as the Board may determine, at a fixed time and place.
[Amended 3-19-2019 by Ord. No. 2-2019]
B.
All meetings of the Board shall be open to the public.
C.
The Board shall keep minutes of its proceedings showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact and shall keep records of its examinations
and other official actions, all of which shall be a public record.
D.
Whenever the Board of Adjustment shall have under
consideration an appeal, such Board shall give notice to the members
of the town board of the town affected by such appeal, and the members
of such town board shall be requested to meet with said Board of Adjustment
and have the opportunity of making such recommendations as they deem
proper.[1]
E.
Meetings of the Board shall be conducted in accordance
with the above rules and such other rules as may be adopted by the
County Board pursuant to § 59.694(3), Wis. Stats.
F.
In the case of all appeals, the Board of Adjustment
shall call upon the County Land Use Planning and Zoning Department
for all information pertinent to the decision appealed from.
G.
An application for a specific variance may be filed
and held only two times in any given twelve-month period.
H.
Should a change in circumstances occur within said twelve-month period
which, in the applicant's opinion, changes the character of the application,
then the applicant shall, in that event, submit a request for an additional
hearing, outlining the changes in circumstances that have occurred.
The Board shall review the request of the applicant and, if in the
opinion of the majority of the Board, there is sufficient change in
said circumstances to warrant a hearing, the Land Use Planning and
Zoning Department shall schedule said hearing under the normal rules
of procedure of the Board.
[Amended 11-14-2017 by Ord. No. 22-2017]
I.
No variance approval shall be valid for a period longer
than 12 months unless a land use permit for such order is obtained
within such period and such activity is started and proceeds to completion
in accordance with the terms of such permit.
A.
Appeals to the Board of Adjustment may be taken by any person aggrieved
or by any officer, department, board or bureau of Green Lake County
affected by any decision, order or ruling of the Land Use Planning
and Zoning Department. Such appeal shall be taken within 30 days,
as provided by the rules of the Board of Adjustment, by filing with
the Land Use Planning and Zoning Department a notice of appeal, on
forms provided by the Department, specifying the grounds thereof.
[Amended 11-14-2017 by Ord. No. 22-2017]
B.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Land Use Planning and Zoning Department shall
certify to the Board of Adjustment, after the notice of appeal shall
have been filed with the Land Use Planning and Zoning Department,
that by reason of facts stated in the certificate a stay would cause
imminent peril to life or property. In such case, the proceedings
shall not be stayed other than by a restraining order, which may be
granted by the Board of Adjustment or by a court of record on application
or notice to the Land Use Planning and Zoning Department and on due
cause shown.
[Amended 11-14-2017 by Ord. No. 22-2017]
A.
Except as specifically provided, no action of the
Board of Adjustment shall have the effect of permitting in any district
uses prohibited in such district.
B.
The Board of Adjustment 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 administrative officer.
(2)
To authorize, upon appeal in specific cases, area variances where
the property owner can prove "unnecessary hardship" by demonstrating
that strict compliance with the zoning ordinance would unreasonably
prevent the property owner from using their property for a permitted
purpose (unnecessarily burdensome) or, for a use variance, by demonstrating
that strict compliance with the zoning ordinance would leave the property
owner with no reasonable use of their property in the absence of a
use variance. In both 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, that the unnecessary hardship is not solely economic,
and that the unnecessary hardship was not self-created by the property
owner.
[Amended 3-19-2019 by Ord. No. 2-2019]
(3)
In every case where a variance from these regulations has been granted
by the Board, the minutes of the Board shall affirmatively show that
an unnecessary hardship or practical difficulty exists and the records
of the Board shall clearly show in what particular and specific respects
an unnecessary hardship or practical difficulty is created.
[Amended 3-19-2019 by Ord. No. 2-2019]
(4)
The Board of Adjustment may reverse or affirm, wholly
or in part, or may modify any order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as ought to be made and to that end shall have all the powers of the
administrative officer. The concurring vote of two members of the
Board shall be necessary to reverse any order, requirement, decision
or determination appealed from, or to decide in favor of the applicant
on any matter on which it is required to pass, or to effect any variation
in the requirements of this chapter.[1]
C.
The Board of Adjustment shall interpret the provisions
of this chapter in such a way as to carry out the intent and purpose
of the plan as shown on the District Map accompanying and made a part
of this chapter.
D.
The Board of Adjustment shall have the power to call
on any other County department for assistance in the performance of
its duties, and it shall be the duty of such other departments to
render such assistance as may be reasonably required.
E.
In exercising the foregoing powers, the Board of Adjustment
may in appropriate cases establish suitable conditions and safeguards
in harmony with the general purpose and intent of this chapter.
