In order that the objectives of this chapter may be more fully and equitably achieved and a means for interpretation provided, there is established a zoning board of appeals, hereinafter referred to as the zoning board, for the village.

(Ord. No. 10-147, § 12.0(1), 7-27-2010)

(a)

Zoning board members. The zoning board shall consist of five members. The village president shall appoint the members with the approval of the village board. The members of the zoning board shall all reside within the village. The village president shall appoint the chairperson.

(b)

Terms. The terms of the first five zoning board members appointed shall be as follows: one for one year, two for two years and two for three years respectively. Thereafter, successors shall be appointed in such manner at the expiration of each term and their terms of office shall be three years in all cases, beginning May 1, in the year in which they were appointed and until their successors are appointed.

(c)

Alternates. The village president may appoint two alternates for staggered terms of three years commencing May 1, following adoption of this chapter. For the purpose of those first appointed, one alternate shall serve for two years and one shall serve for three years. The chairman shall annually designate a first alternate and a second alternate per Wis. Stats. § 62.23(7)(e)2. All subsequent appointees shall be for three-year terms.

(d)

Vacancies. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(e)

Compensation. The actual and necessary expenses incurred by the zoning board in the performance of its duties shall be paid and allowed by the village board as in cases of other claims against the village. The village board may also compensate the members of the zoning board and their assistants as may be authorized by the village board.

(Ord. No. 10-147, § 12.0(2), 7-27-2010)

(a)

Rules. The village board shall adopt rules for the conduct of the business of the zoning board, entitled zoning board of appeals rules of procedure, in accordance with the provisions of this chapter. The zoning board may adopt further rules as necessary to carry into effect the regulations of the village board. No rule may be changed without the concurring vote of a majority of the zoning board and village board.

(b)

Meetings. Meetings of the zoning board shall be held at the call of the chairperson and at such other times as the zoning board may determine. Such chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the zoning board shall be open to the public.

(c)

Records and decisions. The zoning board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the zoning board and shall be a public record. Notice of filing of all actions and decisions shall be mailed to the parties in interest as determined by the zoning board.

(d)

Decision relates to specific property. The decisions of the zoning board shall apply to the specific property which was subject to the application rather than to any individual. The decision is valid only for specific premises in the appeal and is nontransferable to other properties.

(Ord. No. 10-147, § 12.0(3), 7-27-2010)

(a)

Powers. The zoning board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. The zoning board 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.

(b)

Procedures. Appeals to the zoning board may be taken by any person aggrieved or by any officer, department, board or the building inspector or other administrative officer. Such appeal shall be taken within 30 days of the order, requirement, decision or determination appealed from by filing with the zoning administrator and with the zoning board a notice of appeal specifying the grounds thereof, on forms provided by the village. The zoning administrator shall forthwith transmit to the zoning board all the papers constituting the record upon which the action appealed from was taken. The zoning board may request the applicant to provide additional information as may be needed to determine the case.

(c)

Stays. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the zoning board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

(d)

Withdrawal or amendment.

(1)

If the applicant elects to withdraw the appeal any time before final determination is made by the zoning board, this fact shall be noted on the application, with the signature of the applicant attesting withdrawal. Copies of the withdrawn application shall be returned to the files of the zoning board, other interested parties, and to the applicant.

(2)

Amendment of an appeal by the applicant may be permitted at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after public notice of the hearing has been given, and such amendment is at variance with the information set forth in the public notice, the applicant shall pay an additional fee as set forth in the zoning fee schedule, reference this code section, to cover the cost of amending the public notice. If the amended notice can be published within the time frame specified for the public hearing, the hearing on the amended appeal may be held on that date, otherwise the chairperson shall announce that the hearing originally scheduled on the case will be deferred to a future meeting, before which appropriate public notice will be given, and will state the reasons for deferral.

(Ord. No. 10-147, § 12.0(4), 7-27-2010)

(a)

Powers. The zoning board shall have the power 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 lateral enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.

(b)

Requirements for a variance. In general the power to authorize a variance from the requirements of the ordinance shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance shall be granted for actions which require an amendment to this chapter. Variances shall only be granted when the zoning board finds that:

(1)

The variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter.

(2)

The variance will not permit the establishment of a use which is not permitted or permissible in the district.

(3)

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

(4)

The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district.

(5)

The hardship is not shared generally by other land or buildings in the area.

(6)

The hardship results from the strict application of this chapter and is not the result of self-created or self-imposed circumstances.

(Ord. No. 10-147, § 12.0(5), 7-27-2010)

The zoning board shall have the power to hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts.

(Ord. No. 10-147, § 12.0(6), 7-27-2010)

(a)

Time period. Upon filing with the zoning administrator an application for an appeal or variance, the zoning administrator shall consult with the zoning board chairman to fix a reasonable time for a public hearing, which shall not be more than 60 days from the date the application is filed.

(b)

Notice of hearing. A Class 2 notice pursuant to Wis. Stats. ch. 985, shall be published specifying the date, time and place of the hearing and matters to come before the zoning board. Every effort will be made to notify property owners within 300 feet of the subject property by regular mail of the variance or appeal application. Failure to send such notice will not invalidate the public hearing.

(Ord. No. 10-147, § 12.0(7), 7-27-2010)

Any hearing required under this article shall be conducted by the zoning board in accordance with the following:

(a)

Public hearing. A public hearing is a formal proceeding conducted by the zoning board in accordance with the following procedures:

(1)

The zoning board chairperson shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. Any official or employee of the village and any other person may participate in the hearing. Any person desiring to participate in the hearing, whether on his or her own behalf, or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address, the name and address of the person being represented, and the capacity in which he or she represents such person.

(2)

Persons entering an appearance may make statements, offer evidence or ask questions concerning the matter to be heard. Such statements need not be made under oath. The chairperson shall determine the order in which people may speak and may limit the length of the presentations if it appears there will not be enough time for all who wish to speak or if presentations are unduly repetitious. Cross examination of those who speak may not be permitted but clarifying questions of those who speak or rebuttal statements shall be permitted by the chairperson. Statements may be submitted in oral or written form.

(3)

The hearing shall be recorded by an electronic recording device.

(4)

The hearing will be closed and the zoning board of appeals shall make their decision during the regular meeting.

(Ord. No. 10-147, § 12.0(8), 7-27-2010; Ord. No. 11-152, 3-29-2011)

Any person or persons, jointly or severally, aggrieved by any decision of the zoning board, or any taxpayer, or any officer, department, board or bureau of the municipality, may within 30 days after the filing of the decision in the office of the zoning board, commence an action seeking the remedy available by certiorari.

(Ord. No. 10-147, § 12.0(9), 7-27-2010)