Delton Town City Zoning Code
ARTICLE IV
Board of Appeals
§ 255-36 Establishment.
There is hereby established a Board of Appeals for the Town of Delton for the purpose of hearing appeals and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.
§ 255-37 Membership.
The Board of Appeals shall consist of five members appointed by the Town Chairperson and confirmed by the Town Board.
A.
Terms shall be for three-year periods.
B.
Chairperson shall be designated by the Town Chairperson.
C.
Two alternate members may be appointed by the Town Chairperson for a term of three years and shall act only when a regular member is absent or refuses to vote because of conflict of interest.
D.
At all public hearings the Secretary shall be the Town Clerk-Treasurer or an appointed deputy.
E.
The Zoning Officer shall attend all meetings when requested by the Board for the purpose of providing technical assistance.
F.
Official oaths shall be taken by all members in accordance with § 19.01 of the Wisconsin Statutes within five days of receiving notice of this appointment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
§ 255-38 Organization.
The Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.
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 Town Clerk-Treasurer 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
The concurring vote of four members of the Board shall be necessary to correct an error; grant a variance; make an interpretation.
§ 255-39 Powers.
The Board of Appeals shall have the following powers:
A.
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official or body in the course of enforcing this chapter.
B.
Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to special conditions, 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.
§ 255-40 Appeals and applications.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Appeals may be made by any person aggrieved by an officer, board, or commission of the Town. Such appeals shall be filed with the Town Clerk-Treasurer within 30 days after the date of written notice of the decision or order of the Zoning Officer. Applications for interpretation, substitution or unclassified use 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 Town Clerk-Treasurer. Such appeals and application shall include the following:
A.
Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B.
A location sketch showing all of the information required under § 255-13 of Article II, General Provisions, of this chapter.
C.
Additional information as may be required by the Town Board of Appeals or Zoning Officer.
§ 255-41 Hearings.
The Board of Appeals shall fix a reasonable time and place for a hearing and give Class 2 notice thereof. At the hearing the appellant or applicant may appear in person, by agent, or by attorney.
§ 255-42 Findings.
No variance to the provisions of this chapter shall be granted by the Board of Appeals unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings.
A.
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.
B.
Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
C.
Absence of detriment. That 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.
§ 255-43 Decision.
The 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, Zoning Officer, and Town Planning Commission.
A.
Conditions may be placed upon any land use permit ordered or authorized by this Board. Approvals granted by the Board shall expire within two years unless work has commenced pursuant to such grant.
§ 255-44 Review by court of record.
Any person or persons aggrieved by any decision of the 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 Board of Appeals.