Holland Town Sheboygan County
City Zoning Code
City Zoning Code
ARTICLE XVI
Board of Appeals
§ 330-93 Establishment.
There is hereby established a Board of Appeals for the Town of Holland for the purpose of hearing appeals and applications and for granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.
§ 330-94 Membership; terms of office; officers.
[Amended 10-18-2021 by Ord. No. 8-2021; 1-8-2025 by Ord. No. 2025-01; 4-14-2025 by Ord. No. 2025-04]
A.
The Board of Appeals shall consist of five members appointed by the Town Chair subject to confirmation by the Town Board.
B.
Terms shall be for staggered three-year periods.
C.
The Chair of the Board of Appeals shall be designated by the Town Chair.
D.
A first alternate member and a second alternate member, both appointed by the Town Chair subject to confirmation by the Town Board, may only vote when a regular member is absent or declines to vote because of interest. The second alternate member may vote only when the first alternate is unable to vote or is already voting.
E.
The Clerk of the Board of Appeals shall be appointed by the Town Board. The office of the Board of Appeals shall be the Town Clerk's office.
F.
The Building Inspector shall attend meetings when requested by the Chairman of the Board of Appeals for the purpose of providing technical assistance.
G.
Official oaths administered by the Town Clerk shall be taken by all members within five days of receiving notice of their appointment.
H.
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
§ 330-95 Organization and procedures.
[Amended 10-18-2021 by Ord. No. 8-2021; 4-14-2025 by Ord. No. 2025-04]
A.
The Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this article.
B.
Meetings shall be held at the call of the Chairman of the Board of Appeals, posted in accordance with the Wisconsin Open Meetings Law,[1] and shall be open to the public.
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
C.
A quorum of the Board of Appeals shall consist of four members or alternates.
D.
Minutes of the proceedings and a record of all actions shall be kept by the Clerk, showing the vote of each member upon each question, the reasons for the Board's determination, and its finding of facts. These records shall be filed in the office of the Board of Appeals and shall be a public record.
E.
The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official; to grant a variance; or to make an interpretation.
§ 330-96 Powers and duties.
[Amended 10-8-2025 by Ord. No. 2025-06]
A.
The Board of Appeals shall have the following powers:
(1)
Errors: to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Town Building Inspector or Town Zoning Administrator.
(2)
Variances: to hear and grant applications for variances 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 and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted. In every case where a variance from these regulations has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that a practical difficulty or unnecessary hardship exists and the records of the Board shall clearly show in what particular and specific respects a practical difficulty or an unnecessary hardship is created.
(3)
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(3), regarding substitutions, was repealed 1-8-2025 by Ord. No. 2025-01.
(4)
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(4), regarding interpretations, was repealed 10-8-2025 by Ord. No. 2025-06.
B.
Permits. The Board of Appeals may reverse, affirm wholly or partly, or modify the requirements appealed from and may issue or direct the issuance of a building permit.
C.
Oaths. The Chairman of the Board of Appeals may administer oaths and compel the attendance of witnesses.
§ 330-97 Appeals and applications.
[Amended 2-8-2021 by Ord. No. 1-2021; 4-14-2025 by Ord. No. 2025-04]
Appeals of the decision of the Building Inspector or any administrative official concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department or board of the Town. Such appeals shall be filed with the Clerk within 30 days after the date of written notice of the decision or order of the Building Inspector or administrative official. Applications may be made by the owner of the structure, land, or water to be affected at any time and shall be filed with the Clerk. Such appeals and applications shall include the following:
A.
Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B.
Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale, showing all information required for a building permit.
C.
Additional information required by the Board of Appeals, the Town Plan Commission, or the Building Inspector.
D.
Fee as identified in the Town of Holland Fee Schedule.
§ 330-98 Hearings.
[Amended 1-8-2025 by Ord. No. 2025-01]
The Board of Appeals shall fix a reasonable time and place for the hearing, shall provide a Class 2 notice thereof and shall give due notice to the parties in interest, the Building Inspector and the Town Plan Commission. At the hearing the appellant or applicant may appear in person, by agent, or by attorney.
§ 330-99 Variances.
[Amended 1-8-2025 by Ord. No. 2025-01]
A.
Authorized variances. Variances from the regulations of this chapter shall be granted by the Board of Appeals only in accordance with the standards set out in Subsection B below and may be granted only in the following instances and in no other:
(1)
To vary the applicable lot size requirements, including lot area, lot width, and density requirements.
(2)
To vary the applicable limitations on buildings, including height, lot coverage, yard requirements, and construction standards.
(3)
To vary the applicable off-street parking and off-street loading requirements.
(4)
To vary the applicable sign regulations.
(5)
To vary the regulations and restrictions applicable to nonconformities.
B.
Standards for variances. The Board of Appeals may not grant a variance to the provisions of this chapter unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1)
Preservation of intent. No variance may 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 may 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.
(2)
Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to a 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 would not be of so general or recurrent nature as to suggest that this chapter should be changed.
(3)
Economic hardship and self-imposed hardship are not grounds for variance. No variance may be granted solely on the basis of economic gain or loss. Self-imposed hardships may not be considered as grounds for the granting of a variance.
(4)
Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and vicinity.
(5)
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
§ 330-100 Decision; conditions; expiration of variance or permit.
[Amended 10-18-2021 by Ord. No. 8-2021]
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 minutes of all Board of Appeals meetings shall be provided to the Town Board, the Town Plan Commission and the Town Building Inspector.
A.
The Board of Appeals may place conditions upon any building permit ordered or authorized. The Board may also impose such conditions, safeguards, and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set out in this article to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this chapter.
B.
Variances, substitutions or permits granted by the Board of Appeals shall expire within six months unless substantial work has been commenced pursuant to such grant, unless an extension is expressly granted by the Board of Appeals at the applicant's request in advance of the expiration.
§ 330-101 Review by court of record.
Any person or persons aggrieved by any decision of the Board of Appeals may present to the court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals.