Herman Town Dodge County
City Zoning Code
City Zoning Code
ARTICLE X
Board of Appeals
§ 384-80 Establishment.
There is hereby established a Board of Appeals for the Town of Herman. The Board of Appeals shall consist of five members appointed by the Town Chairperson and confirmed by the Town Board.
A.
Terms. Terms shall be for three years, except that of those first appointed one shall serve one year, two shall serve two years and two for three years.
B.
Chairperson. The Chairperson shall be designated by the Town Chairperson.
C.
Alternates. Two alternate members shall be appointed by the Town Chairperson for a term of three years. The Town Chairperson shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. The provisions of § 62.23(7)(e), Wis. Stats., with regard to removal of members and the filling of vacancies shall apply to such alternates.[1]
D.
Secretary. The Secretary shall be as designated by the Board of Appeals.
E.
Vacancies. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.
§ 384-81 Organization.
The Board of Appeals shall organize and adopt rules of procedure in conformance with § 62.23(7)(e)1 to 15, Wis. Stats.
§ 384-82 Rules of procedure.
A.
The Board of Appeals shall meet at the call of the Chairperson and at such other times as the Board of Appeals may determine, at a fixed time and place.
B.
All meetings of the Board of Appeals shall be open to the public.
C.
Any public hearings which the Board of Appeals is required to hold shall be held where Town Board meetings take place or other place convenient to the location or locations to be considered at such public hearing, and a full description of the location of such place of hearing by name, address or other commonly known means of identification shall be included in the notice given of such hearing. Other matters upon which the Board of Appeals is required to act may also be heard at any such hearing, provided that no undue hardship is created for any appellant by reason of the location of such hearing, and provided further that such matters are included in the notice given of such hearing.[1]
D.
The Board of Appeals 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 immediately filed in the office of the Board of Appeals and shall be a public record.
E.
The Board of Appeals may adopt such other rules as are necessary to carry into effect the regulations of the Town Board.
F.
In the case of all appeals, the Board of Appeals may call upon the Town Board or Zoning Administrator for all information pertinent to the decision appealed from.
§ 384-83 Powers.
A.
The Board of Appeals shall have the following powers:
(1)
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.
(2)
To hear and decide special exceptions to the terms of this chapter upon which such Board is required to pass under this chapter.
(3)
To authorize upon appeal in specific cases such variances 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 practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
B.
The Board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
C.
The Board may reverse, affirm, or wholly or partly modify the requirements appealed from and may issue or direct the issuance of a permit.
D.
Assistance. The Board may request assistance from other Town or county officers, departments, commissions and boards.
E.
Oaths. The Chairperson may administer oaths and compel the attendance of witnesses.
§ 384-84 Appeals and applications.
Appeals from the decision of the Zoning Administrator concerning the literal enforcement of this chapter may be made by any person aggrieved or by an officer, department, board or bureau of the Town. Such appeals shall be filed with the Secretary and the officer from whom the appeal is taken within 30 days after the date of written notice of the decision or order of the Zoning Administrator or the Town Board. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed with the Zoning Administrator. Such appeals and applications shall include the following:
A.
Names and addresses of the appellant or applicant and all abutting and opposite property owners of record.
C.
Additional information which was required for the decision appealed from or may be required by the Board of Appeals.
D.
Fee in the amount as set by resolution of the Town Board to be paid to the Town at the time of application.
§ 384-85 Hearings.
The Board of Appeals shall fix a reasonable place for the hearing and hold a hearing within 45 days or less, give a Class 1 notice thereof as provided in Ch. 985, Wis. Stats., and give due notice to the parties in interest, the Zoning Administrator and the Town Board. At the hearing the applicant or the appellant may appear in person, by agent, or by attorney.
§ 384-86 Decisions.
A.
The Board of Appeals 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 Town Board.
B.
Conditions may be placed upon any land use permit ordered or authorized by this Board.
C.
The concurring vote of a majority of the five-member 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. The grounds of every such determination shall be stated.
§ 384-87 Review by court of record.
Any person or persons aggrieved by any decision of the Board of Appeals may commence an action seeking the remedy available by certiorari. Such action shall be commenced within 30 days after the filing of the decision in the office of the Board of Appeals.