Dresser City Zoning Code
17.27 Board
of Zoning Appeals.
(1)
Appointment. A Board of Zoning Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The members shall serve without compensation and may be removed by the Village President for cause upon written charges and after public hearing. The Board shall make and file in the office of the Clerk-Treasurer its own rules and procedure consistent with the Wisconsin Statutes.
(2)
Powers. The Board shall have the following powers:
(a)
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector.
(b)
General exceptions. To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass.
(c)
Variances. 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 will result in practical difficulty or unnecessary hardship so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done; provided, however, no such action shall have the effect of establishing in any district a use or uses not permitted in such district.
(d)
Special permits. To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter for such purposes which are reasonably necessary for public convenience and welfare.
(3)
Actions of Board. The Board may reverse or affirm wholly or in part or may modify any order, requirements, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Building Inspector. The concurring vote of four members of the Board shall be necessary to reverse any order, requirements, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirement of this chapter. The grounds of every such determination shall be stated and recorded.
(4)
Appeals and variances. Any person aggrieved or any officer, department, board or commission of the Village affected by any decision of the Building Inspector under this chapter may appeal to the Board of Zoning Appeals by filing a notice of appeal along with a fee of $10 with the Building Inspector and with the Board specifying the grounds of appeal within 30 days after the decision or action complained of. The Board, after a public hearing may determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board makes findings of fact in accordance with the standards hereinafter prescribed and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
(5)
Application for variance and notice of hearing. An application for a variance shall be filed along with a fee of $10 per setback, in writing, with the Building Inspector. The application shall contain such information as the Board of Zoning Appeals may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in a newspaper of general circulation in the Village, and also by mailing notice thereof to the parties in interest, said publication and mailing to be made at least 10 days prior to the date of hearing. The Board shall thereafter reach its decision within 90 days from the filing of the application.
(6)
Standards for variances. The Board shall not vary the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:
(a)
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.
(b)
The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(c)
The purpose of the variance is not based exclusively upon a desire to make more money out of the property.
(d)
The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.
(e)
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(f)
The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(g)
The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.
(7)
Authorized variances. Variances from the regulations of this chapter shall be granted by the Board only in accordance with the standards established in sub. (6) above and may be granted only in the following instances and in no others:
(a)
To permit any yard or setback less than a yard or a setback required by the applicable regulations.
(b)
To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80% of the required area and width for nonresidential lots.
(c)
To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
(d)
To reduce the applicable off-street parking or loading facilities required by not more than one parking space or 20% of the applicable regulations, whichever number is greater.
(e)
To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served.
(f)
To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations.