Belgium Village City Zoning Code
ARTICLE XII
Zoning Board of Appeals
§ 270-96 Establishment and purpose.
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.
§ 270-97 Membership; terms of office; officers.
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.
§ 270-98 Organization and meetings.
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.
§ 270-99 Powers and duties.
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.
§ 270-100 Appeals and applications.
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.
§ 270-101 Hearings.
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.
§ 270-102 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.
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.
§ 270-103 Decision; conditions; expiration of variance or permit.
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.
§ 270-104 Review by court of record.
[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.