There is hereby established a zoning committee for the village for the purpose of reviewing planning and zoning related matters in the village, enforcing the intent of this chapter, and recommending to the village board amendments to the chapter and the granting of conditional uses as are in harmony with the general purpose and intent and in accordance with general or specific rules contained in this chapter.

(Ord. of 3-11-1996, § 9.01)

(a)

The zoning committee shall consist of five members plus one alternate, appointed by the village president, subject to confirmation by the village board. No member of the village board or the board of appeals shall be a member of the zoning committee. The village president shall appoint one of the members to chair the board. The zoning committee shall elect one of its members as vice-chair and one member as secretary.

(b)

Members of the zoning committee shall all reside within the village. Terms shall be staggered for three-year periods. Of those first appointed, one shall serve for one year, two for two years and two for three years. Successors shall be appointed in a like manner at the expiration of each term and their term shall be three years in all cases. Vacancies shall be filled for the unexpired terms of members whose terms shall become vacant. The members shall receive such compensation as determined by the village board. Members of the zoning committee shall be removable by the village board for cause upon written charges and after public hearing before the village board.

(Ord. of 3-11-1996, § 9.02)

The duties of the zoning committee shall be as follows:

(1)

To review requests, conduct public hearings and make recommendations for amendments to the zoning text and official zoning map and forward such recommendations to the village board.

(2)

To conduct public hearings in response to conditional use petitions and recommend approval, modification or denial of the petition to the village board together with a list of conditions to be met by the petitioner.

(3)

To interpret the provision of this chapter in such a manner as to carry out the intent and purpose of the plan as shown on the district map accompanying and made a part of the ordinance from which this chapter is derived, where the street layout actually on the ground varies from the street layout on the district map.

(4)

To, at the direction of the village board, develop a village master plan and the associated zoning and subdivision ordinances which aid compatibility with, and implementation of the village's development goals and objectives.

(Ord. of 3-11-1996, § 9.03)

(a)

Rules. Meetings of the zoning committee shall be held at the call of the chair and at such other times as the board may determine. All meetings shall be open to the public in compliance with the Wisconsin Open Meetings Law.

(b)

Minutes. The zoning committee shall keep minutes of its proceedings, showing the vote on each subject that requires board action. Minutes of each meeting, along with recommendations for village board action, shall be forwarded to the village board immediately following the zoning committee meeting so that the village board can accept the minutes at their next regular meeting and take action on recommendation within a reasonable time after the zoning committee meeting. All records of the zoning committee shall be public record.

(Ord. of 3-11-1996, § 9.04)

(a)

There is hereby created the office of zoning administrator. The zoning administrator shall be appointed by the village board for the term of one year, at a salary to be fixed by the village board; and shall hold office one year unless sooner removed by the village board and until a successor shall have been duly appointed.

(b)

The zoning administrator shall be a resident of the village and maintain an office therein.

(Ord. of 3-11-1996, § 10.01)

In the administration and enforcement of this chapter, the village zoning administrator shall have the following powers and duties:

(1)

Except as otherwise provided in this chapter, have the general management and control of all matters pertaining to that office and shall enforce this chapter, all state laws, county ordinances, village ordinances, and lawful orders of the village board relating to the construction, alteration, repair, removal and safety of buildings and other structures of permanent building equipment.

(2)

Keep a record of all applications for building permits in a book used for such purpose and regularly number each permit in the order of its issuance. The administrator shall keep a record showing the number, description and size of all buildings erected during his term of office indicating the kind of material used. The zoning administrator shall submit monthly to the village clerk copies of permits issued and the fees collected during the previous month. A copy of the permit shall also be furnished to the assessor.

(3)

Prepare suitable forms for the applications and permits required and keep in an office a proper daily record of all inspections made and all removal and condemnation of buildings and a record of all fees earned; and the zoning administrator shall make an annual report covering the period closing March 15 of each year to the village board, to be filed on or before April 1, showing the total amount of fees earned and general summary of the work of that office during said period.

(4)

Have full power to interpret the provisions of this chapter relating to building subject to the conditions contained in this chapter.

(5)

Have the power and authority with prior notification while under construction to enter upon any public or private premises and make inspection thereof and to require the production of any permit for any building, structure or permanent equipment thereof. Any person interfering with the zoning administrator while in the performance of such duties shall be deemed guilty of a misdemeanor and punished as provided in this chapter.

(6)

At village expense, maintain a library of applicable ordinances, laws, lawful orders, codes and such other material as will enable proper fulfillment of the duties of that office and interpret to others the provisions of this chapter.

(Ord. of 3-11-1996, § 10.02)

A board of appeals will be established as needed. The board of appeals shall consist of five members appointed by the village board, for three years, except that of those first appointed one shall serve for one year, two for two years and two for three years. The members shall be compensated at the same rate as are the village board and shall be removable by the village board for cause upon written charges and after public hearing. The village board shall designate one of the members chairman. The board of appeals may employ a secretary and other employees with the consent of the village board. The village board shall appoint an alternate member for a member of three years, who shall act with full power, only when a member of the board of appeals refuses to vote because of conflict of interest. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. No member of the board of appeals may serve on the village zoning committee.

(Ord. of 3-11-1996, § 11.01)

(a)

Rules. The board of appeals shall adopt rules for its government and procedure. Meetings of the board of appeals shall be held at the call of the chair and at such other times as the board of appeals may determine. The chair or, in his absence, the acting chair may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(b)

Minutes. The board of appeals 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 immediately filed in the office of the board of appeals and shall be a public record.

(Ord. of 3-11-1996, § 11.02)

(a)

In addition to those powers enumerated elsewhere in this chapter, the 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 the zoning administrator or building inspector.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to 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 application for interpretations of the zoning regulations and the boundaries of the zoning districts.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(5)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district.

(6)

Temporary uses. To hear and grant applications for temporary uses, in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any condition required by the board of zoning appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

(7)

Permits. The board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issuance of a permit.

(b)

In exercising the powers mentioned in subsection (a) of this section, the board of appeals may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the 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 officer from whom the appeal is taken.

(Ord. of 3-11-1996, § 11.03)

(a)

Scope of appeals. 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 by any decision of the administrative officer. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the village board. The officer from whom the appeal is taken shall forthwith transmit to the board of appeals all papers constituting the record of appeals upon which the action appealed from was taken.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril of life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. of 3-11-1996, § 12.01)

The board of appeals shall fix a reasonable time for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto and cause notice to be given to the appellant or applicant and the administrative officer appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing to the fee owners of record of all land within 100 feet of any part of the subject building or premises involved in the appeal. Upon the hearing, any party may appear in person, by agent or by attorney.

(Ord. of 3-11-1996, § 12.02)

(a)

Time frame. The board of appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant and the zoning administrator.

(b)

Vote. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

(c)

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by the board of appeals.

(d)

Validity. Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(Ord. of 3-11-1996, § 12.03)

(a)

Purpose.

(1)

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause him undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(2)

The board of appeals may authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed, and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for that particular area or permit standards lower than those required by state law.

(3)

For the purposes of this chapter, the term "unnecessary hardship" means an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to most or all property in the same zoning district.

(b)

Application for variation. The application for variation shall be filed with the zoning administrator. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

Name and address of applicant and all abutting and opposite property owners of record.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

A site plan showing an accurate depiction of the property.

(5)

Additional information required by the village board, village engineer, board of zoning appeals or zoning administrator.

(6)

Fee receipt in the amount as provided in the village fee schedule.

(c)

Public hearing of application. The board of appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the village, and shall give due notice to the parties in interest, the zoning administrator and the village board. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney. The board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, zoning administrator and village board.

(d)

Action of the board of appeals. The concurring vote of four members of the board of appeals shall be necessary to effect any variance. For the board to grant a variance, it must find that:

(1)

Denial of variance may result in hardship to the property owner due to physiographical consideration. 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.

(2)

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought and 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.

(3)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

(5)

The proposed variation will not undermine the spirit and general and specific purpose of this chapter.

(e)

Conditions. The board of appeals may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this chapter.

(Ord. of 3-11-1996, § 12.04)

Any person aggrieved by any decision of the board of appeals may present to a 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 of appeals.

(Ord. of 3-11-1996, § 12.05)