(a)

Scope of appeals. Appeals to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the village affected by any decision of the administrative officer. The appeal shall be taken within reasonable 30 days of the alleged grievance or judgment in question by filing with the officers from whom the appeal is taken and with the zoning board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the village board. The officers from whom the appeal is taken shall forthwith transmit to the zoning board of appeals all papers constituting the record of appeals upon which the action appeals from was taken.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the zoning board of appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property. In the cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Powers of zoning board of appeals. In addition to these powers enumerated elsewhere in this Code, 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 the zoning administrator or building inspector.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this article shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(3)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the village board has made an advisory review and recommendation.

(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 village board has made a review and recommendation. Whenever the board permits such a substitution, the use may not be changed without application.

(5)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that the uses are similar in character to the principal uses permitted in the district and the village board has made a review and recommendation.

(6)

Temporary uses. To hear and grant applications for temporary uses, in any district, provided that the uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the village board has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the board of zoning appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this article shall be required.

(7)

Permits. The board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.

(Code 2003, § 13-1-190)

The zoning board of appeals shall fix a reasonable time for the hearing as prescribed in section 54-654.

(Code 2003, § 13-1-191)

(a)

Timeframe. 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 and the zoning administrator.

(b)

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by this board.

(c)

Validity. Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to the grant.

(Code 2003, § 13-1-192)

(a)

Purpose.

(1)

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause him undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(2)

The zoning board of appeals may authorize upon appeal, in specific cases, the variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection that the flood protection elevation for the particular area or permit standards lower than those required by state law.

(3)

For the purposes of this section, the term "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(b)

Application for variation. The application for variation shall be filed with the zoning administrator. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

Name and address of applicant and all abutting and opposite property owners of record.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

A site plan showing an accurate depiction of the property.

(5)

Additional information required by the village engineer, village board, zoning board of appeals or zoning administrator.

(6)

Fee receipt in the amount as determined by the village board.

(c)

Public hearing of application. The zoning board of appeals shall conduct at least one public hearing on the proposed variation as prescribed in section 54-654 of this chapter and provide notice of the proposed variance, by mail, to the owners or occupants of the properties lying within the Village of Butler and 300 feet outward from the exterior boundary of the area of the proposed variance. At the hearing the appellant or applicant may appear in person, by agent or by attorney. The zoning board of appeals shall reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant.

(d)

Findings. No variance to the provisions of this article shall be granted by the zoning board of appeals unless it finds beyond a reasonable doubt that all of 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.

(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 of uses in the same district, the granting of the variance should 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. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(5)

Absence of determent. No variance shall be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this article or the public interest.

(6)

Variances granted to lot size, width, or yard requirements. Variances granted to lot size, width or yard requirements shall not generally exceed 15 percent of the requirement being varied.

(7)

Additional requirements in floodland districts. No variance shall be granted where:

a.

Filling and development contrary to the purpose and intent of the UF Urban Floodwall District would result.

b.

A change in the boundaries of the UF Urban Floodway District or the FFO Floodplain Fringe Overlay District would result.

c.

A lower degree of flood protection that a point two feet above the 100-year recurrence interval flood for the particular area would result.

d.

Any action contrary to the provisions of Wis. Admin. Code ch. NR 116 would result.

(e)

Conditions. The zoning board of appeals on appeal may impose the conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

(Code 2003, § 13-1-193; Ord. No. 24-03, § I, 2-20-2024)

Any person or persons aggrieved by any decision of the zoning board of appeals may present to a court of record a petition, duly verified, setting forth that the decision is illegal and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the filing of the decision in the offices of the zoning board of appeals.

(Code 2003, § 13-1-194)

(a)

Wetland disputes. Whenever the zoning board of appeals is asked to interpret a C-1 Conservancy District boundary where an apparent discrepancy exists between the village's final wetland inventory map and actual field conditions, the village shall contact the state department of natural resources 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 village plan commission to initiate appropriate action to rezone the property within a reasonable amount of time.

(b)

Floodland disputes. Whenever the zoning board of appeals is asked to interpret a floodland boundary where an apparent discrepancy exists between the federal flood insurance study and actual field conditions, the following procedure shall be used. The floodland boundary shall be determined by use of the flood profiles contained in an engineering study, or where the information is not available, by experience flood maps or any other evidence available to the zoning board of appeals. The person contesting the location of the district boundary shall be given the opportunity to present his own technical evidence. Where it is determined that the floodplain is incorrectly mapped, the zoning board of appeals shall advise the plan commission of its findings and the plan commission shall proceed to petition the village board for a map amendment.

(c)

Notice to department of natural resources. The zoning board of appeals shall transmit a copy of each application for a variance to conservancy regulations in a shoreland or to floodland regulations, and a copy of all shoreland and floodland appeals, to the state department of natural resources for review and comment at least ten days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to conservancy regulation in a shoreland or to floodland regulations, and a copy of all decisions to shoreland and floodland appeals, shall be transmitted to the DNR within ten days of the date of the decision.

(d)

Decision.

(1)

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 plan commission.

(2)

Conditions may be placed upon any building permit ordered or authorized by this board.

(3)

Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to the grant.

(4)

Applicants receiving variances in floodlands shall be notified, in writing, by the zoning board of appeals that increased flood insurance premiums and greater risk to life and property may result from the granting of the variance. The board shall keep a record of the notification in its files.

(Code 2003, § 13-1-195)