Who may appeal. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or affected by any decision of the Building Inspector, Zoning Administrator, Planning Commission or Architectural Control Commission as follows:

Time of appeal. Appeals shall be filed within 30 days after the date of receipt of the written decision or order from which the appeal is taken by filing in duplicate a notice of appeal with the Village Clerk. The date of receipt of the decision shall not be counted in determining the term for filing of the appeal. Sundays and holidays shall be counted, except if the last day falls on a Saturday, Sunday or legal holiday, the time for filing shall be extended to the next secular day. See § 575-118 for further details.

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 certifies 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 such cases, proceeding 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.

Meetings.

Powers of Zoning Board of Appeals. In addition to these powers enumerated elsewhere in this Code of Ordinances, the Zoning Board of Appeals shall have the following powers:

Zoning Board of Appeals action. In exercising the powers under Subsection E, the Zoning Board of Appeals 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, and may issue or direct the issuance of a permit.

Voting.

Appeal and application forms. Every appeal or application shall be made upon forms furnished by the Village Clerk which have been approved by the Zoning Board of Appeals. A plat of survey prepared by a surveyor registered in the State of Wisconsin or scale drawing shall accompany each form showing the location and size of the property, existing improvements, all abutting properties and improvements thereon and any change or addition requested. The applicant or appellant shall provide all information requested on the form and any additional information requested, in writing, by the Chairman or Secretary of the Zoning Board of Appeals which is necessary to inform the Board of the facts of the appeal. Failure to supply such information shall be grounds for dismissal of the appeal or application.

Filing appeal or application. The appellant or applicant shall file the required appeal form in duplicate with the Village Clerk. The Village Clerk shall deliver one copy to the Zoning Administrator or other officer or body from whose decision an appeal is taken. Upon receipt of an appeal, the Zoning Administrator or other officer or body responsible for the original determination shall transmit to the Secretary of the Zoning Board of Appeals all notes or papers relating to the order or decision from which the appeal is being taken.

Election to have appeal or application handled as a contested case. The applicant or appellant may elect to have the appeal or application handled as a contested case. The appeal or application form shall explain that a contested case includes the right of all parties to cross-examine witnesses, to object to improper evidence and to have a record of the proceedings made by a court reporter or qualified stenographer or by tape recording. Election to have the matter treated as a contested case must be made, in writing, at the time of filing of the appeal or application.

Fee. All appeals and applications shall be filed with the Village Clerk and accompanied by payment of the appropriate fee as set forth in the Village Board's adopted fee schedule. If the appellant or applicant elects the contested-case method, he or she shall also pay the amount determined by the Zoning Board of Appeals to cover the additional administrative costs involved.

Insufficient notice. No appeal or application shall be considered by the Zoning Board of Appeals unless it is made on the required form. Upon receipt of any communication purporting to be an appeal or application, the Village Clerk shall supply the applicant with the proper forms which must be filed within 10 days, in addition to the 30 days specified in § 575-117B, in order to be considered by the Zoning Board of Appeals.

Notice of hearings. Notice of the time, date and place of the hearing of an appeal or application shall be given in the following manner:

Appearances. The appellant or applicant may appear in person or by his agent or attorney. In the absence of an appearance for or against an appeal or application, the Zoning Board of Appeals may dismiss the appeal or application or may dispose of the matter on the record before it.

Compelling attendance of witnesses. The Chairman, or, in his absence, the presiding officer, may compel the attendance of witnesses by subpoena. Written request for subpoenas shall be filed with the Secretary of the Zoning Board of Appeals not less than two days prior to the hearing except by special permission of the Chairman.

Order of business.

Evidence and official notice. Except in contested case hearings, written and oral testimony will be received. In contested case hearing, no hearsay evidence will be allowed or relied upon as the sole evidence of any factual determination. The Zoning Board of Appeals may take official notice of the ordinances of the municipality, the zoning and location of the subject property and geographical features or other facts which are common knowledge in the municipality or can be verified by reference to public record. In contested case hearings, all witnesses shall be sworn and no person shall be permitted to testify unless he or she submits to cross-examination. See § 227.45, Wis. Stats.

Adjournments. When all appeals or applications cannot be disposed of on the day set, the Zoning Board of Appeals may adjourn from day to day or to a day certain, as it may order, and such adjourned day shall be construed as a continuance of the hearing. Notice of such adjournment shall be given to the absent members of the Zoning Board of Appeals.

Withdrawal. An appellant or applicant may withdraw an appeal at any time prior to the decision, but a pending motion to grant or dismiss the appeal shall have precedence over withdrawal. Withdrawal of the appeal shall not entitle the appellant or applicant to remission of the filing fee.

Time of decision. The Zoning Board of Appeals shall render its decision either at the termination of the hearing or within 30 days thereafter and shall notify the parties in interest and the Zoning Administrator, in writing, of its decision.

Form of decision. The final disposition of an appeal or application shall be in the form of a written decision or order signed by the Chairman and Secretary of the Zoning Board of Appeals. Such decision shall state the reasons for the Board's determination with findings of fact and conclusions of law and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal or grant or deny the special exception, conditional use or variance. Copies of the decision shall be sent to the applicant, Village Clerk, the Secretary of the Planning Commission and any Village committee involved.

Basis of decision; findings. At the conclusion of a hearing, the Zoning Board of Appeals should reduce to writing its findings of fact and conclusions of law regarding the proper interpretation and application of the Zoning Code.

Vote required. All orders or decisions of the Zoning Board of Appeals granting a variance, exception or conditional use or reversing any action or order of the Administrator require the affirmative vote of four members. Whenever at least four members of the Board are present the Board may take action by a majority of the members present.

Conditions. Variances or conditions imposed in any permit shall be stated in the decision or order embodying the Zoning Board of Appeals decision and shall also be set forth in the building, conditional use or occupancy permit issued under that order by the Zoning Administrator. A permit shall be valid only as long as the conditions upon which it is granted are observed. Whenever the Zoning Board of Appeals grants an application or appeal affecting the use of any premises, such authorization shall be deemed revoked unless the owner, occupant or his agent shall, upon request, file with the Zoning Board of Appeals Secretary a written report certifying that all conditions or limitations imposed by the Zoning Board of Appeals have been conformed to and maintained. Variances, substitutions or conditional use permits approved by the Zoning Board of Appeals shall expire six months after issuance if the performance of work is required and substantial work has not commenced.

Filing of decision. Every order or decision of the Zoning Board of Appeals shall be immediately filed with the Secretary who shall thereupon forward the decision to the Village Clerk and mail a copy to the applicant or appellant. Copies of decisions granting conditional uses or variances in a shoreland or wetland district shall be mailed to the district office of the Wisconsin Department of Natural Resources.

Reconsideration.

Purpose.

Application for variance. The application for a variance shall be filed pursuant to § 575-118.

Public hearing of application. The public hearing for a variance shall be conducted pursuant to § 575-119.

Prohibited variances. The Zoning Board of Appeals shall not grant use variances in wetland and conservancy districts. In all other districts, no use variance shall be granted unless the applicant has first petitioned for a zoning amendment or a conditional use permit, if applicable, and upon a showing that no lawful and feasible use of the subject property can be made in the absence of such variance. Any use variance granted shall be limited to the specific use described in the Zoning Board of Appeals decision and shall not permit variances in yard, area or other requirements of the district in which located.

Action of the Zoning Board of Appeals; standards. No variance to the provisions of this chapter shall be granted by the Zoning 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:

Conditions. The Zoning Board of Appeals 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.