Iron Ridge City Zoning Code
ARTICLE XII
Administration
§ 365-84 Zoning Board of Appeals.
A.
Membership. The Zoning Board of Appeals shall be appointed pursuant to Chapter 22, Boards, Commissions and Committees, of the Code of the Village of Iron Ridge.
B.
Meetings and rules. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings conducted by the said Board shall be open to the public. The 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 examination and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Board of Appeals shall adopt its own rules of procedure not in conflict with this Code of Ordinances or with the applicable Wisconsin Statutes.
C.
Offices. The Village Board shall provide suitable offices for the Board of Appeals for holding of hearings and the presentation of records, documents, and accounts.
D.
Appropriations. The Village Board shall appropriate funds to carry out the duties of the Board of Appeals and the Board of Appeals shall have the authority to expend, under regular procedure, all sums appropriated to it for the purpose and activities authorized herein.
E.
Jurisdiction and authority. The Board of Appeals shall have the jurisdiction and authority as specified in Chapter 22, Boards, Commissions and Committees, of the Code of the Village of Iron Ridge, and the Board of Zoning Appeals shall have the powers as expressed in § 62.23(7)(e)1 through 15 of the Wisconsin Statutes except that conditional uses shall be acted upon by the Plan Commission. Use Variances shall not be granted.
§ 365-85 Appeals to the Zoning Board of Appeals.
A.
Appeals and applications. Appeals from the decision of the Building Inspector concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the Village. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the Building Inspector. 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 secretary. Such appeals and application shall include the following:
(1)
Name and address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
(2)
Information. All information required for a building permit.
(3)
Additional information. Additional information required by the Plan Commission, Board of Zoning Appeals or Building Inspector.
(4)
Fee receipt. Fee receipt in the amount of $15.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
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 certified to the Board 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, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the 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.
C.
Concurring vote. The concurring vote of four members 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.
§ 365-86 Hearing of appeals and variances.
The Board of Appeals shall fix a reasonable time, not more than 30 days from the date of filing, for the hearing of an appeal and shall give due notice thereof to all the parties involved. The Board or any of its officers it shall designate shall cause such hearings to be published in the Village's newspaper or newspapers.
§ 365-87 Powers of Zoning Board of Appeals.
In addition to these powers enumerated in Chapter 22, Boards, Commissions and Committees, of this Code and § 365-84 the Board of Zoning Appeals shall have the following powers:
A.
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Building Inspector.
B.
Variances. To hear and grant appeals for variances as will not be contrary to the public interest, where, owing to 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.
C.
Interpretations. To hear and decide application 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.
Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the Plan Commission has made a review and recommendation.
F.
Temporary uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses and the Plan Commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the Board of Zoning Appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.
G.
Permits. The Board may reverse, affirm wholly or partly, or modify the requirements appealed from, and may issue or direct the issue of a permit.
§ 365-88 Variances.
A.
Purpose.
(1)
A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause him undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.
(2)
The Board of Appeals may 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 literal 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. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit standards lower than those required by state law. The Board of Appeals shall apply the standards of § 365-87D.
(3)
For the purposes of this section, "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.
B.
Application for variance. The application for variance shall be filed with the Clerk. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:
[Amended by Ord. No. 11-2006; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1)
Name and address of applicant and all abutting and opposite property owners of record.
(2)
Statement that the applicant is the owner or the authorized agent of the owner of the property.
(3)
Address and description of the property.
(4)
Plat of survey prepared by a registered land surveyor showing all of the information required under § 365-11 for a building permit.
(5)
Additional information required by the Plan Commission, Village Engineer, Board of Zoning Appeals, or Building Inspector.
(6)
Fee receipt from the Clerk in the amount of $75.
C.
Public hearing of application. The Board of Appeals shall conduct at least one public hearing on the proposed variance. Notice of such hearing shall be given not more than 30 days and not less than 10 days before the hearing in one or more of the newspapers in general circulation in the Village of Iron Ridge, and shall give due notice to the parties in interest, the Building Inspector, and the Plan Commission. At the hearing the appellant or applicant may appear in person, by agent, or by attorney. The Board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, Zoning Inspector and Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
D.
Action of the Board of Appeals. For the Board to grant a variance, it must find that:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1)
Denial of variance may result in hardship to the property owner due to physiographical considerations. 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 would not be of so general or recurrent nature as to suggest that this chapter should be changed.
(2)
The conditions upon which a petition for a variance is based are unique to the property for which variance is being sought, and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
(3)
The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the property.
(4)
The granting of the variance will not be detrimental to the public welfare or injurious to the other property improvements in the neighborhood in which the property is located.
(5)
The proposed variance will not undermine the spirit and general and specific purposes of this chapter.
E.
Conditions. The 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.
F.
Expiration. Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
G.
Review by court of record. Any person or persons aggrieved by any decision of the Board of Zoning 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 Zoning Appeals.
§ 365-89 Changes and amendments.
A.
Authority.
(1)
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.
(2)
Such change or amendment shall be subject to the review and recommendation of the Plan Commission and the appropriate Joint Extraterritorial Zoning Committee.
B.
Initiation. A change or amendment may be initiated by the Village Board, Plan Commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
C.
Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
[Amended by Ord. No. 2-2002]
(1)
Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning district, and the location and existing use of all property within 200 feet of the area proposed to be rezoned.
(2)
Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
(3)
Additional information required by the Plan Commission, Joint Extraterritorial Zoning Committee, or Village Board.
(4)
Fee receipt from the Clerk in the amount of $325.
D.
Recommendations.
(1)
The Plan Commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified, or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the Village Board.
(2)
The appropriate Joint Extraterritorial Zoning Committee and the Plan Commission shall review all proposed changes and amendments within the extraterritorial zoning jurisdiction, but only the members of the appropriate Joint Committee shall vote on matters relating to their zoning jurisdiction.
E.
Hearings.
(1)
The Village Board shall hold a public hearing upon each recommendation, after publishing a Class 2 notice under Ch. 985, Wis. Stats., listing the time, place, and the changes or amendments proposed. The Village Board shall also give at least 10 days' prior written notice to the Clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2)
Prior to the Village Board hearing, the appropriate Joint Extraterritorial Zoning Committee shall hold a public hearing upon each proposed change or amendment within their zoning jurisdiction, giving at least 10 days' prior notice by publication at least three times during the preceding 30 days listing the time, place, and the changes or amendments proposed. The Joint Committee shall mail notice to the Clerk of the affected town.
F.
Board's action.
(1)
Following such hearing and after careful consideration of the Plan Commission's and appropriate Joint Extraterritorial Zoning Committee's recommendations, the Village Board shall vote on the passage of the proposed change or amendment.
§ 365-90 Violations and penalties.
Failure to comply with the provisions of this chapter shall be regarded as violation and any person who commits such violation shall be liable to a forfeiture of not less than $50 or not more than $500, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned up to 90 days in the Dodge County Jail. Each day a violation is continued shall be considered a separate offense.