(1)

MEMBERSHIP. See section 1.30(1) of this Code.

(2)

ORGANIZATION. The Board of Zoning Appeals shall organize and adopt rules and procedure for its own government in accordance with the provisions of this chapter.

(a)

Meetings. Meetings shall be held at the call of the chairman and shall be open, to the public.

(b)

Minutes. 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, the reasons for the Board's determination and its findings of fact. These records shall be immediately filed in the office of the Board and shall be a public record.

(c)

Concurring Vote. (Am. Ord. #12-09) The concurring vote of a majority of the quorum of the Board shall be necessary to correct an error; grant a variance; make an interpretation; and permit a utility, temporary, unclassified or substituted use.

(3)

POWERS. The Board of Zoning Appeals shall have the following powers:

(a)

Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator.

(b)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship so that the spirit and purpose of this chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(c)

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.

(d)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the Plan Commission has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.

(e)

Permits. The Board may reverse, affirm wholly or partly modify the requirements appealed from, and may issue or direct the issuance of a permit.

(f)

Assistance. The Board may request assistance from other Village officers, departments, commissions and boards.

(g)

Oaths. The Chairman may administer oaths and compel the attendance of witnesses.

(4)

APPEALS. (Rep. & Recr. Ord. #2-94; Am. Ord. #19-96) Appeals of any administrative determination of the Zoning Administrator, the Building Inspector or the Plan Commission concerning the literal enforcement of this chapter and chapters 14 and 18 of this Code may be made by any person aggrieved or by any officer, department or board of the Village. Such appeals shall be filed with the Secretary within 30 days after receiving actual or constructive notice of the administrative decision or order or the granting of a permit by the Zoning Administrator, Building Inspector or Plan Commission. Such appeals and applications shall include the following:

(a)

Name and address of the applicant.

(b)

What administrative determination is being appealed and the basis for the appeal.

(5)

HEARINGS. (Am. Ord. #07-2023) The Board shall fix a reasonable time and place for the required public hearing and shall give notice as specified in section 17.53 of this chapter including providing notice of the appeal to the owners or occupants of all properties lying within the Village of Germantown 300 feet outward from the exterior boundary of and abutting the property subject of the appeal. At the hearing, the appellant or applicant may appear in person or be represented by an agent or attorney.

(6)

FINDINGS. No variance to the provisions of this chapter shall be granted by the Board unless it finds, beyond a reasonable doubt, that all the following facts and conditions exist and so indicates such in the minutes of its proceedings.

(a)

Preservation of Intent. 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.

(b)

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 should not be of so general or recurrent nature as to suggest that this chapter should be changed.

(c)

Hardships Not Grounds for Variance. 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.

(d)

Preservation of Property Rights. 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.

(e)

Absence of Detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(7)

DECISION. The Board 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, the Zoning Administrator and the Plan Commission.

(a)

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by the Board.

(b)

Variances, Substitutions or Use Permits. Variances, substitutions or use permits granted by the Board shall expire within 6 months unless substantial work has commenced pursuant to such grant.

(8)

REVIEW BY COURT OF RECORD. (Rep. and Cr. Ord. #11-2025)

(a)

Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the Village, may, within 30 days after the filing of the decision in the office of the Board of Appeals, commence an action seeking the remedy available by certiorari as provided by Wis. Stat. § 62.23(7)(e)10.a.

(b)

Notwithstanding sub. (a), a decision of the Board of Appeals on an application for an approval, as defined in Wis. Stat. § 781.10(1)(a), is subject to review under the procedures contained in Wis. Stat. § 781.10.

State law references—Zoning board of appeals, Wis. Stats. §§ 61.35, 62.23(7)(e).