Campbellsport City Zoning Code
ARTICLE VIII
Board of Appeals
§ 500-50 Established.
In order that the objectives of this chapter may be more fully and equitably achieved and a means for interpretation provided, there is established a Board of Appeals (hereinafter referred to as the "Board") for the Village.
§ 500-51 Membership and terms of office.
A.
Members. The Board will consist of five members appointed by the Village President and confirmed by the Village Board. The Village President will designate one of the Board members Chairman. The Village Clerk-Treasurer or designee will serve as secretary of the Board. Board members will be removable by the Village President for cause upon written charges and after a public hearing.
B.
Alternates. The Village President will appoint two alternate members to the Board. Annually, the Village President will designate one of the alternate members as first alternate and the other as second alternate. The first alternate will act, with full power, only when a member of the Board is absent or refuses to vote because of interest. The second alternate will 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.
Terms. Board members will be appointed to three-year terms, except for those first appointed, in which case one member will serve for one year, two members for two years and two members for three years. Alternate members will serve staggered terms of three years.
D.
Vacancies. Vacancies will be filled for the unexpired terms of members whose terms become vacant.
§ 500-52 Rules and procedures.
The Board will be governed by the provisions of § 62.23(7), Wis. Stats., the zoning chapter of the Village, and the rules and procedures set forth herein, as adopted by the Board and approved by the Village Board. No rule herein will be changed or waived without the affirmative vote of four members of the Board and the concurrence of the Village Board.
§ 500-53 Meetings.
Meetings of the Board will be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board will be open to the public.
§ 500-54 Records and decisions.
The Board will keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and will keep records of its examinations and other official actions, all of which will be immediately filed as public records. All actions or decisions will be taken by resolution in which four members, present during the proceedings, must concur. Each resolution or decision will contain a statement of the grounds forming the basis of such resolution or decision. The Chairman will notify the Village Board and Village President of all decisions and resolutions.
§ 500-55 Public hearing for appeals or variances.
Upon filing with the Board of an application for an appeal or variance, the Board will fix a reasonable time (not more than 60 days from the filing date) for a public hearing. A Class 2 notice pursuant to Ch. 985, Wis. Stats., will be published in the official newspaper of the Village specifying the date, time and place of the hearing and the matters to come before the Board. Notices will also be mailed to the parties at interest, as determined by the Board.
§ 500-56 Appeals.
A.
Powers and duties. The Board will have the power to hear and decide appeals by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the Building Inspector. The Board may reverse or affirm, wholly or partly, or may modify the decision appealed from, and issue or direct the issue of a permit.
B.
Procedure. An appeal from any decision of the Building Inspector will be made within 30 days of such decision. The appeal will be filed with the Building Inspector and with the Board of Appeals on a form provided by the Board specifying the grounds for the appeal.
C.
Preliminary review.
(1)
The secretary of the Board of Appeals will, as promptly as possible, inform the Board concerning the appeal, and the Board may either discuss the matter with the applicant if the applicant desires or proceed directly to order public notice of a hearing.
(2)
If the applicant elects to withdraw the appeal any time before final determination is made by the Board, this fact will be noted on the application, with the signature of the applicant, attesting withdrawal. Copies of the withdrawn application will be returned to the secretary for the files of the Board, to the Building Inspector and to the applicant.
(3)
If the appeal is not withdrawn, the Board may request the applicant to provide such additional information as may be needed to determine the case and will instruct the secretary to proceed with public notice of a hearing on the case.
D.
Amendments. Amendment of an appeal by the applicant may be permitted at any time prior to or during the public hearing; provided that no such amendment will be such as to make the case different from its description in the notice of public hearing. If the amended notice can be published within the time frame specified for the public hearing, the hearing on the amended appeal may be held on that date; otherwise, the Chairman will announce that the hearing originally scheduled on the case will be deferred to a future meeting, before which appropriate public notice will be given, and will state the reasons for the deferral.
§ 500-57 Variances.
A.
Powers and duties. The Board will have the power to authorize upon appeal a variance from the terms of this chapter where a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship.
B.
Requirements for a variance. In general, the power to authorize a variance from the requirements of this chapter will be sparingly exercised and only under peculiar and exceptional circumstances. No variance will be granted for actions which require an amendment to this chapter. Variances will only be granted when the Board finds that:
(1)
The variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter.
(2)
Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district.
(3)
The variance will not permit the establishment of a use which is not permitted in the district.
(4)
The hardship results from the strict application of this chapter and is not the result of self-created or self-imposed circumstances.
(5)
Greater profitability, lack of knowledge of restrictions, and other variances granted under similar circumstances are not being considered as sufficient cause for a variance.
(6)
Nonconforming uses of neighboring lands, structures or buildings in the same district, and permitted or nonconforming uses of lands, structures or buildings in other districts are not being considered as grounds for issuance of a variance.
§ 500-58 Appeal of Board decisions.
Any person, jointly or severally aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition will be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals.
§ 500-59 Special exceptions.
Upon referral from the Village Plan Commission, the Village Board will hear and decide special exceptions for uses or structures that are in compliance with the terms and conditions of the provisions of this zoning code and for no other use, structure or purpose.
§ 500-60 Requirements for special exception.
In granting a special exception, the Village Board will make findings of fact consistent with the terms of this chapter. The Village Board will not grant a special exception except in conformance with the conditions and standards outlined in this chapter. In addition to the requirements and conditions specified in this chapter, the Village Board may impose additional conditions as deemed necessary to ensure that the proposed special exception will secure substantially all of the objectives of the zoning chapter.