Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE X
Administration
§ 310-75 Building Inspector.
The Village Board hereby designates that it is the duty of the Building Inspector, with the aid of the Dane County Sheriff's Department, to enforce the provisions of this chapter. The Dane County Sheriff's Department shall report to the Building Inspector any activities which are being carried out without the required permit.
§ 310-76 Applications for permits.
All applications for any building or zoning permit shall be made to the Building Inspector and shall be accompanied by plans in duplicate, drawn to scale, showing the name and address of the property owner; location, actual shape and dimensions of the lot to be built upon; center line of abutting streets and highways; the exact size and location on the lot of the proposed or existing building and accessory building; the lines within which the building shall be erected, altered or moved; the existing and intended use of each building or part of a building; the number of families the building is intended to accommodate; and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter.
§ 310-77 Board of Appeals.
A.
Appointment and rules. The Board of Appeals shall be appointed as specified in § 9-3 of this Code. The members shall serve without compensation and shall be removable by the Village President for cause upon written charges and after public hearing. The Board of Appeals shall make and file in the office of the Village Clerk-Treasurer its own rules and procedure consistent with Wisconsin Statutes.[1]
B.
Powers and duties. The Board of Appeals shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Building Inspector.
(2)
To hear and decide special exceptions to the terms of this chapter upon which the Board of Appeals is required to pass.
(3)
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.
(4)
To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter, for such purposes which are reasonably necessary for public convenience and welfare.
(5)
To hear disputes concerning the location of floodplain zoning district boundaries. When the location of the floodplain or floodway district boundary is established by experience, flood maps or engineering studies, the flood elevations or flood profiles for the point in question shall be the governing factor in locating the district boundary. If no elevation or profiles are available to the Board, any other available evidence may be examined. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board of Appeals and, if he chooses, submit his own technical evidence. The Board shall not allow deviations from the boundary lines as mapped unless the evidence clearly and conclusively establishes that the map location of the line is incorrect and approval has been granted by the Department of Natural Resources and an official letter of map amendment has been issued by the Federal Insurance Administration, when required.
C.
Decisions of Board of Appeals. The Board of Appeals may 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 Building Inspector. The concurring vote of four members of the Board of Appeals 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. The grounds of every such determination shall be stated and recorded. No order of the Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.[2]
D.
Appeals and variances. Any person aggrieved or any officer, department, board or commission of the Village affected by any decision of the Building Inspector under this chapter may appeal to the Board of Appeals by filing a notice of appeal with the Building Inspector and with the Board specifying the grounds of appeal within 30 days after the decision or action complained of. The application shall include a fee receipt from the Village Clerk-Treasurer in the amount as set by resolution of the Village Board. The Board of Appeals, after a public hearing, may determine and vary the regulations of this chapter in harmony with its general purposes and intent only in the specific instances hereinafter set forth where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.[3]
E.
Special rules applicable to appeals in floodplain districts. Any appeal to the Board of Appeals based on § 310-77B(5) dealing with floodplain districts shall be handled in the following manner:
(1)
A Class 2 notice pursuant to Ch. 985, Wis. Stats., specifying the date, time and place of a hearing on the matters to come before the Board, as well as mailed notices to the parties in interest, shall be given.
(2)
The final disposition of an appeal or application to the Board of Appeals shall be in the form of a written resolution or order signed by the Secretary of the Board. Such resolution shall state the specific facts which are the basis for the Board's determination and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application.
(3)
A copy of all decisions by the Board of Appeals shall be mailed to the appropriate district office of the Department of Natural Resources.
§ 310-78 Variances.
A.
Application for variance and notice of hearing. An application for a variance shall be filed in writing with the Building Inspector. The application shall include a fee receipt from the Village Clerk-Treasurer in the amount as set by resolution of the Village Board. The application shall contain such information as the Board of Appeals may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in a newspaper of general circulation in the Village and also by mailing notice thereof to the parties in interest, said publication and mailing to be made at least 10 days prior to the date of the hearing. The Board shall thereafter reach its decision within 90 days from the filing of the application.[1]
B.
Standards for variances.
(1)
The Board of Appeals shall not vary the regulations of this chapter, as authorized in § 310-77B(3) and (5) above, unless it shall make findings based upon the evidence presented to it in each specific case that:
(a)
Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;
(b)
The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable generally to other property within the same zoning classification;
(c)
The purpose of the variance is not based exclusively upon a desire to make more money out of the property;
(d)
The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property;
(e)
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvement in the neighborhood in which the property is located; and
(f)
The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(2)
The Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.
(3)
A variance shall be consistent with the spirit and intent of the provisions of this chapter dealing with floodplain zoning.
(4)
A variance shall not:
(a)
Permit any change in established flood elevations or profiles.
(b)
Be granted for a use that is common to a group of adjacent lots or premises.
(c)
Be granted unless it is shown that the variance will not be contrary to the public interest or damaging to the rights of other persons or property values in the area.
(d)
Be granted for action which requires an amendment to the floodplain zoning district.
(e)
Have the effect of allowing or expanding a use or structure which is prohibited in that zoning district by the floodplain zoning districts.
(f)
Be granted solely on the basis of economic gain or loss.
(g)
Be granted for a self-created hardship.
C.
Variances authorized. Variances from the regulations of this chapter shall be granted by the Board of Appeals only in accordance with the standards established in Subsection B above and only in the following instances and in no others:
(1)
To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(2)
To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80% of the required area and width;
(3)
To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week; and
(4)
To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations.
§ 310-79 Floodplain mapping disputes.
The following procedure shall be used by the Board of Appeals in disputes of a floodplain zoning district boundary:
A.
When the location of the floodplain or floodway district boundary is established by experience, flood maps or engineering studies pursuant to this chapter, the flood elevations or flood profiles for the point in question shall be the governing factor in locating the district boundary. If no elevation or profiles are available to the Board, any other evidence may be examined.
B.
In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present his/her case to the Board of Appeals and, if he/she chooses, submit his/her own technical evidence. If the Board determines that the district boundary as mapped is incorrect, the person contesting the location of the boundary may then proceed to petition the Village Board for a map amendment pursuant to Article XII of this chapter.