Barneveld City Zoning Code
ARTICLE X
Board of Appeals
§ 280-68 Establishment.
There is hereby established a Board of Appeals for the Village for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.
§ 280-69 Membership.
The 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.
Chairman shall be designated by the Village President.
C.
An alternate member shall be appointed by the Village Board for a term of three years and shall act only when a regular member is absent or refuses to vote because of conflict of interest.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Secretary shall be the Village Clerk.
E.
Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
F.
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within five days of receiving notice of this appointment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G.
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
§ 280-70 Organization.
The 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 Chair and shall be open to the public.
B.
Minutes of the proceedings and a record of all actions shall be kept by the Secretary, 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 correct an error, grant a variance, make a interpretation and permit a utility, temporary, unclassified or substituted use.
§ 280-71 Powers.
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 by an administrative official or body in the course of enforcing this chapter.
B.
Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, 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.
C.
Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alternatives are to be made and the Plan Commission has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
§ 280-72 Appeals and applications.
Appeals may be made by any person aggrieved or by an officer, department, board or commission 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 Zoning Administrator. 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 application shall include the following:
A.
Name and address of the appellant or application and all abutting and opposite property owners of records.
B.
Site plan, showing all of the information required under § 280-12 for a zoning permit.
C.
Additional information required by the Plan Commission, Village Engineer, Board of Appeals or Zoning Administrator.
§ 280-73 Hearings.
The Board of Appeals shall fix a reasonable time and place for the hearing, give Class 2 notice thereof as provided in § 64-6B of Chapter 64, Village Board, and give written notice to all abutting and opposite property owners of record. At the hearing the appellant or applicant may appear in person, by agent or attorney.
§ 280-74 Findings.
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.
Exceptional circumstances. There must be unusual, extraordinary or exceptional 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.
B.
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.
C.
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.
§ 280-75 Decision.
A.
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, Zoning Administrator and Village Plan Commission.
B.
Conditions may be placed upon any zoning permit ordered or authorized by this Board. Approvals granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
§ 280-76 Review by court of record.
Any person aggrieved by any decision of the Board of Appeals may present to the court of record a verified petition 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 office of the Board of Appeals.
§ 280-77 Steps for appeals to Board of Appeals.
A.
Application filed within Zoning Administrator.
B.
Class 2 notice given.
C.
Board of Appeals conducts public hearing and takes final action.
D.
Approve.
E.
Approve with conditions.
F.
Reject.
