There is hereby established a board of adjustment for the purpose of hearing certain appeals and applications and granting variances from the provisions of this chapter in harmony with the general purpose and intent of this chapter.

(Code 1975, § 7.0101)

(a)

The board of adjustment shall consist of five (5) members appointed by the county executive and confirmed by the board of supervisors. The members of the board of adjustment shall all reside within the county and outside of the limits of incorporated cities and villages; provided, however, that no two (2) members shall reside in the same town.

(b)

The county executive shall appoint, for staggered three-year terms, two (2) alternate members of the board of adjustment, who are subject to the approval of the county board. Annually, the county executive of the county board shall designate one (1) of the alternate members as the first alternate with the other as second alternate. The first alternate shall act, with full power, only when a member of the board of adjustment refuses to vote because of a conflict of interest or when a member is absent. The second alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one (1) member of the board of adjustment refuses to vote because of a conflict of interest or is absent.

(c)

Official oaths shall be taken by all members in accordance with W.S.A., § 19.01, within ten (10) days of receiving notice of their appointment.

(d)

Terms for members of the board of adjustment shall be for staggered three-year periods beginning July first. Vacancies shall be filled for an unexpired term in the same manner as appointments for a full term.

(e)

Each member shall be paid an amount per diem as is determined by the board of supervisors from time to time for each day he attends a meeting of the board of adjustment, and, in addition to his per diem, he shall receive mileage for each mile traveled in going to and returning from the places of meetings or site inspections by the most usual traveled route, at the rate established by the board of supervisors, as the standard mileage allowance of all county employees and officers.

(f)

A member shall be removable by the vote of two-thirds (⅔) of the board of supervisors for cause upon written charges and after public hearing.

(g)

If a quorum is present, the board of adjustment may take action under this section by a majority vote of the members present.

(Code 1975, § 7.0102; Ord. No. 2005-125, 12-13-05)

The board of adjustment shall choose its own chairman and vice-chairman. The chairman shall preside at all meetings of the board, and in the chairman's absence or inability to serve, the vice-chairman may preside. A secretary to the board and clerical assistance shall be provided by the zoning administrator, and other employees may be employed by the board of adjustment.

(Code 1975, § 7.0102; Ord. No. 2011-61, 11-8-11)

(a)

The board of supervisors shall adopt rules for the conduct of the business of the board of adjustment, in accordance with the provisions of any ordinance or ordinances adopted pursuant to W.S.A., § 59.97. The board of adjustment may adopt further rules as necessary to carry into effect the regulations of the board of supervisors.

(b)

Meetings shall be held at the call of the chairman or at such other times as the board of adjustment may determine and shall be open to the public.

(c)

Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, the reasons for the board's determination, and its findings of facts. These records shall be immediately filed in the office of the board and shall be a public record.

(d)

The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

(Code 1975, § 7.0103)

(a)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator, except insofar as such appeal applies to an application for a conditional use or a temporary use.

(2)

To authorize upon appeal in specific cases such 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 the chapter shall be observed and substantial justice done. No variance shall have the effect of permitting any use where prohibited by the district, floodland or shoreland regulations; nor of permitting standards lower than those required by the Wisconsin Statutes, the Wisconsin Administrative Code or the state department of natural resources; nor of permitting the elevation of any building lying on floodlands to be lower than that specified in this chapter.

(3)

To hear and decide upon the delineation of floodland districts where it is alleged there is a difference between the elevation of the floodplain and lands shown within the floodplain based upon field surveys, or for delineating the precise location of the floodplain in unnumbered A zones.

(4)

To hear and decide applications for interpretations of the zoning regulations and the locations of the boundaries of the zoning district, floodland, and shorelands after the economic development and land use planning committee has made a review and recommendation. Floodland and shoreland boundaries shall be altered by the board of adjustment only when the applicant presents evidence that clearly and conclusively establishes that the location on the zoning map is incorrect.

(5)

To hear and grant application for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the economic development and land use planning committee has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(6)

To authorize upon appeal variances where special conditions, such as terrain, cover, or nearby or existing or potential land or water uses, indicate that a shoreland regulation is more stringent than that required to meet the purposes of W.S.A., § 144.26, i.e., to prevent and control erosion and sedimentation, to prevent pollution, to preserve shore cover, and to protect fish and aquatic life.

(7)

To hear and decide conditional uses, when an applicant requires both a variance and a conditional use on the same issue or property. Only one (1) hearing shall be held on the combined variance/conditional use. Town approval in accordance with section 20-1181 et seq. shall apply to the conditional use portion of such an issue.

(b)

The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(c)

The board of adjustment may request assistance from other county officers, departments, commissions, and boards. The chairman may administer oaths and compel the attendance of witnesses.

(d)

The board of adjustment shall adopt such additional rules as it deems necessary and may exercise all of the power conferred on such boards by W.S.A. § 59.694.

(Code 1975, § 7.0104; Ord. No. 88-160, § 7.0104, 1-10-89; Ord. No. 2020-110, 4-13-21)

(a)

Appeals to the board of adjustment may be made by any person aggrieved by any decision or order of the zoning administrator under this chapter or any officer, department, board or bureau of the county affected by a decision or order of the zoning administrator. An application to the board of adjustment shall be filed with the zoning administrator from whom the appeal is taken within thirty (30) days after the date of written notice of the decision or order of the zoning administrator. The application shall include the following:

(1)

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

(2)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 20-81 et seq. for a zoning permit and the zoning permit, if applicable.

(3)

Additional information required by the economic development planning and land use planning development committee, highway engineer, board of adjustment or zoning administrator.

(4)

Fee receipt from the zoning administrator for the fee required by the schedule of fees adopted by the board of supervisors and on file with the zoning administrator.

(b)

The zoning administrator shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(Code 1975, § 7.0105; Ord. No. 2020-110, 4-13-21)

State Law reference— Notice of appeal, W.S.A., § 59.99(6).

(a)

The board of adjustment shall fix a reasonable time and place for the hearing of the application, give public notice thereof by publication of a Class 2 notice W.S.A. ch. 985, specifying the date, time and place of the hearing and the matters to come before the board at least once each week during two (2) consecutive weeks, the last insertion being no later than one (1) week before the hearing, and shall give due notice to the parties in interest, the officer from whom the appeal is taken and the economic development and land use planning committee. At the hearing the applicant may appear in person, by agent, or by attorney.

(b)

A copy of all notices of appeals or variances to the floodland, shoreland or shoreland-wetland provisions of this chapter shall be transmitted to the district office of the state department of natural resources (DNR) for review and comment at least ten (10) days prior to the hearing. Final action on floodland appeals and variance requests shall not be taken for thirty (30) days or until the DNR has made its recommendation, whichever comes first. Copies of all decisions on shoreland or shoreland-wetland variances shall be submitted to the DNR district office within ten (10) days after the decision.

(Code 1975, § 7.0106; Ord. No. 86-17, § 7.0106, 7-22-86; Ord. No. 2020-110, 4-13-21)

State Law reference— Hearing, W.S.A., § 59.99(6).

(a)

The board of adjustment shall decide all applications, except appeals and variance requests to the floodland provisions of this chapter, within thirty (30) days after the final hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, the officer from whom the appeal is taken and the economic development and land use planning committee.

(b)

Decisions on appeals and variance requests to the floodland or shoreland provisions of this chapter shall not be made for thirty (30) days or until the State Department of Natural Resources (DNR) has made its recommendation, whichever comes first. A copy of all decisions on floodland appeals or variance requests shall be transmitted to the DNR within ten (10) days of their effective date.

(c)

Variances and substitutions granted by the board of adjustment shall expire within nine (9) months of the date the decision is filed with the board, which will be considered to be the date of the written decision letter, unless substantial work has commenced pursuant to such grant. An extension of the approval may be granted by the board for a like period of time, upon written request of the appellant, submittal of the required fee, and for good cause as determined by the board.

(d)

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

(e)

The final disposition of an appeal or application to the board of adjustment shall be in the form of a written resolution or order signed by the chairman and secretary of the board. Such resolution shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution or prosecution or grant the application.

(Code 1975, § 7.0109; Ord. No. 94-155, § 3, 11-10-94; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

Any person, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the county may present an appeal of such decision of the board of adjustment pursuant to W.S.A., § 59.694(10).

(Code 1975, § 7.01010; Ord. No. 2020-110, 4-13-21)

State Law reference— Certiorari, W.S.A., § 59.99(10).

(a)

The procedure in this section shall be used by the board of adjustments in settling disputes of a floodplain zoning district boundary.

(b)

The flood district boundary shall be determined by use of the flood profiles contained in an engineering study, or, where such information is not available, by experience flood maps or any other evidence available to the board.

(c)

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 board of adjustment shall advise the economic development and land use planning committee of its findings and the economic development and land use planning committee shall proceed to petition the board of supervisors for a map amendment.

(Code 1975, § 7.0108; Ord. No. 2020-110, 4-13-21)

(a)

No variance to the provisions of this chapter shall be granted by the board of adjustment unless it finds by a preponderance of the evidence that all the facts and conditions in sections 20-41 through 20-43, exist which shall be indicated in its proceedings.

(b)

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.

(c)

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.

(d)

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.

(e)

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.

(f)

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 chapter or the public interest.

(g)

The board of adjustments may grant upon appeal a variance from the standards of this chapter where an applicant convincingly demonstrates that:

(1)

Literal enforcement of the provisions of the ordinance will result in unnecessary hardship on the applicant;

(2)

The hardship is due to special conditions unique to the property; and

(3)

The granting of a variance is not contrary to the public interest.

(Code 1975, § 7.0107; Ord. No. 96-37, 6-25-96; Ord. No. 2020-110, 4-13-21)

Cross reference— Schedule of deposits for violation of the provisions in this section, § 5-3.

No variance shall be granted where:

(1)

A change in the boundaries of the FFO urban floodplain fringe overlay district would result.

(2)

A lower degree of flood protection than two (2) feet above the one-hundred-year recurrence interval flood for the particular area would result.

(3)

Any residential or commercial basement or crawlway located below the one-hundred-year recurrence interval flood elevation would result.

(4)

Any change or alteration of an historic structure, including it use, would result in the structure losing its designations an historic structure.

(5)

Any action contrary to the provisions of chapter NR116 of the Wisconsin Administrative Code would result.

(Code 1975, § 7.0107; Ord. No. 94-155, § 4, 11-10-94; Ord. No. 2011-131S, 4-10-12)

(a)

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the federal aviation administration, United States Department of Transportation, as to the effect of the proposal on the operation of air navigation facilities and the effect on the safety and utility of the airport and surrounding navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter.

(b)

No application for variance to the requirements of this chapter may be considered by the board of adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects, if any, of the variance. If the airport manager does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act pursuant to regulations to grant or deny such application. Any variance granted may be so conditioned as to require the applicant to install, operate and maintain, at the applicant's expense, such marking and lighting devices as may be deemed necessary by the federal aviation administration, United States Department of Transportation to assure aircraft and local safety or the variance may be conditioned to require the owner to permit the airport owner(s) to install, operate and maintain such marking and lighting devices.

(Code 1975, § 7.0107)

(a)

The zoning board of adjustment is not authorized to grant a variance from the state requirements to livestock facility siting, except as provided in W.S.A., § 93.90, and § ATCP 51.

(b)

The board of adjustment has the discretion to reduce setbacks using factors it deems appropriate, including compliance with procedures for setbacks to roads and property lines and for new manure storage structures.

(Ord. No. 2006-91, 10-26-06)