Brookfield Town City Zoning Code
§ 17.11
Zoning Board of Appeals.
(1)
Established. There is hereby established a Zoning Board of Appeals for the Town for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter.
(2)
Membership. The Zoning Board of Appeals shall consist of five members appointed by the Town Chairperson and confirmed by the Town Board.
(a)
Terms. Terms shall be for staggered three-year periods.
(b)
Chairperson. The Chairperson shall be designated by the Town Chairperson.
(c)
Alternate members. The Town Chairperson shall appoint a first alternate and 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)
Qualifications. One member shall be a Town Plan Commissioner and one member shall be a registered architect, registered professional engineer, builder, or real estate appraiser.
(e)
Secretary. The Board Secretary and Board office shall be the Town Clerk and the Town Clerk's office.
(f)
Building Inspector. The Building Inspector shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
(g)
Oaths. 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 12-7-2021 by Ord. No. 2021-004]
(h)
Vacancies. Vacancies shall be filled for unexpired terms in the same manner as appointments for full terms.
(3)
Organization. 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. Meetings shall be held at the call of the Chairperson and shall be open to the public.
(b)
Minutes. 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 findings of fact. These records shall be immediately filed in the office of the Board and shall be a public record.
(c)
Vote. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official; grant a variance; or make an interpretation.
(4)
Powers. The Zoning Board of Appeals shall have the following powers:
(a)
Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by any administrative official.
(b)
Variances. To hear and grant appeals for variances as will not be contrary to the public interest, when, owing to unique property limitations, 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.
[Amended 12-7-2021 by Ord. No. 2021-004]
(c)
Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses if no structural alterations 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.
(d)
Permits. The Board may reverse, affirm wholly or partly modify the requirements appealed from and issue or direct the issue of a permit.
(e)
Assistance. The Board may request assistance from other Town officers, departments, commissions, and boards.
(f)
Oaths. The Chairperson may administer oaths and compel the attendance of witnesses.
(5)
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 Town. 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 any 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 registered land surveyor showing all of the information required under § 17.02(8) for a building permit.
(c)
Additional information required by the Town Plan Commission, Town Engineer, Zoning Board of Appeals or Building Inspector.
(6)
Hearings. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, give public notice as required under § 17.13 of this chapter and give due notice to the parties in interest, the Building Inspector and the Plan Commission. At the hearing, the appellant may appear in person, by agent or by attorney.
(7)
Findings. No variance to the provisions of this chapter shall be granted by the Board unless it finds that all the following facts and conditions exist and so indicates such in the minutes of its proceedings:
[Amended 12-7-2021 by Ord. No. 2021-004]
(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 shall 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 of uses in the same district and the granting of the variance shall 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. The variance shall be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and vicinity.
(e)
Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
(8)
Decision. The Zoning 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, Building Inspector, and each Town Plan Commission member within five days following the decision.
(9)
Review by court of record. Any person 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 in the office of the Zoning Board of Appeals.