Burlington City Zoning Code
ARTICLE X
Zoning Board of Appeals
§ 315-100 Establishment and purpose.
[Amended 11-9-2006 by Ord. No. 1808(12); 3-6-2012 by Ord. No. 1943(20)]
There is hereby established a Zoning Board of Appeals for the City of Burlington 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.
§ 315-101 Membership; terms; alternate members.
[Amended 11-18-2003 by Ord. No. 1740(20); 10-18-2005 by Ord. No. 1785(9)]
The Zoning Board of Appeals shall consist of five members appointed by the Mayor and approved by the Common Council. The Mayor shall make his nominations at least one month prior to their appointment. The Mayor shall designate one of the members as Chairperson.
A.
Terms shall be for staggered three-year periods, except that of those first appointed one shall serve for one year, two for two years, and two for three years.
B.
Two alternate members shall be appointed by the Mayor for staggered terms of three years. The Mayor shall annually designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a regular member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent.
C.
The Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Zoning Board of Appeals.
D.
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within 10 days of receiving notice of their appointment.
E.
Vacancies for all members, including alternates, shall be filled for the unexpired term in the same manner as appointments for a full term.
§ 315-102 Rules of procedure.
[Amended 10-18-2005 by Ord. No. 1785(9)]
The Common Council herein adopts rules for the conduct of the business of the Zoning Board of Appeals in accordance with the provisions of this chapter. The Board may adopt further rules as necessary.
A.
Meetings shall be held at the call of the Chairperson and shall be open to the public.
B.
Minutes of the proceedings and a record of all actions shall be kept by the Board, 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.
If a quorum is present, the Board may take action under this section to correct an error, grant a variance, make an interpretation, and permit a temporary, unclassified, or substituted use, by a majority vote of the members present.
D.
The Zoning Administrator may not be the secretary of the Board.
[Added 11-9-2006 by Ord. No. 1808(12)]
§ 315-103 Powers.
A.
The Zoning Board of Appeals shall have the following powers:
[Amended 4-6-1994 by Ord. No. 1467(40); 12-7-2004 by Ord. No. 1762(14); 11-9-2006 by Ord. No. 1808(12)]
(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.
[Amended 3-6-2012 by Ord. No. 1943(20)]
(2)
Variances. To hear and authorize appeals for variances where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured.
[Amended 3-6-2012 by Ord. No. 1943(20)]
(3)
Interpretations. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the City Plan Commission has made a review and recommendation, or after the Common Council has made a final determination regarding a certificate of appropriateness. The Board shall also make interpretations where it is alleged that a wetland is incorrectly mapped on the Wisconsin Wetland Inventory Maps.
(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 and the City Zoning Administrator 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 order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made.
C.
Assistance. The Board may request assistance from other City officers, departments, commissions, and boards.
D.
Oaths. The Chairperson may administer oaths and compel the attendance of witnesses.
§ 315-104 Appeals and applications.
[Amended 8-4-2009 by Ord. No. 1886(7)]
Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by the decision of the Zoning Administrator. Such appeals shall be filed in the office of the Zoning Administrator 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 in the office of the Zoning Administrator. 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 and approved by the City Zoning Administrator, showing all of the information required under § 315-128 for a zoning permit.
C.
Additional information required by the City Zoning Administrator, the Zoning Board of Appeals, or the City Plan Commission.
§ 315-105 Hearings.
[Amended 4-6-1994 by Ord. No. 1467(40); 12-7-2004 by Ord. No. 1762(14); 11-9-2006 by Ord. No. 1808(12)]
A.
The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, publish a Class 2 notice thereof, and give notice to neighboring parties in interest, including the Zoning Administrator, the City Plan Commission, and the Common Council. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney.
§ 315-106 Findings.
[Amended 11-9-2006 by Ord. No. 1808(12)]
A.
Variances. 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:
(1)
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; provided, however, that a use variance may be granted if the district regulations deprive the owner of any reasonable use of the property.
[Amended 8-4-2009 by Ord. No. 1886(7)]
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
Boundary disputes.
(1)
Floodplain disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
(a)
If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.
(b)
In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board.
(2)
Wetland disputes. Whenever the Zoning Board of Appeals is asked to interpret an SWO Shoreland Wetland Overlay District boundary where an apparent discrepancy exists between the City's Final Wetland Inventory Map and actual field conditions, the City shall contact the Wisconsin Department of Natural Resources (DNR) to determine if the Wetland Inventory Map is in error. If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the Zoning Board of Appeals shall direct the City Plan Commission to initiate appropriate action to rezone the property within a reasonable amount of time.
C.
To review appeals of permit denials related to floodplains.
(1)
The Board shall review all data related to the appeal. This may include:
(3)
For appeals concerning increases in regional flood elevation the Board shall:
(a)
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners.
(b)
Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot, provided no other reasons for denial exist.
§ 315-107 Decision; conditions; expiration.
[Amended 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No. 1808(12)]
A.
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 and the Zoning Administrator.
B.
Conditions may be placed upon any zoning permit ordered or authorized by this Board.
C.
Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
§ 315-108 Review by court of record.
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 in the offices of the Board.
§ 315-109 (Reserved) [1]
[1]
Editor's Note: Former § 315-109, Floodland and wetland mapping disputes, added 4-6-1994 by Ord. No. 1467(40), was repealed 11-9-2006 by Ord. No. 1808(12).