There is hereby established a board of zoning appeals for the Village of Kewaskum for the purpose of hearing appeals and applications, and granting variances and exceptions to the provisions of this Ordinance.

(Ord. No. 2004-04, § 95.1101, 5-25-04)

The board of zoning appeals shall consist of five members appointed by the village president and approved by the village board.

(a)

Terms shall be for staggered three-year periods, except that of those first appointed: one shall serve for one year, two for two years, and two for three years.

(b)

Chairman shall be designated by the village president.

(c)

Two alternate members shall be appointed by the village president for a term of three years and shall act only when a regular member is absent or refuses to vote because of conflict of interest. The second alternate member may act only when the first alternate is unable to act or is already sitting.

(d)

Secretary shall be the village administrator or a designee from the office of the village administrator.

(e)

The zoning administrator shall attend all meetings for the purpose of providing technical assistance when requested by the board of zoning appeals.

(f)

Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within ten days of receiving notice of their appointment.

(g)

Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(Ord. No. 2004-04, § 95.1102, 5-25-04)

The village board shall adopt rules for the conduct of the business of the board of zoning appeals in accordance with the provisions of this Ordinance. The board of zoning appeals may adopt further rules as necessary.

(a)

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

(b)

Minutes of the proceedings and a record of all actions shall be kept by the secretary, or other designated person, 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 immediately filed in the office of the village administrator and shall be a public record.

(c)

The concurring vote. If a quorum is present, the concurring vote of a majority of the members present shall be necessary to correct an error, grant a variance, make an interpretation, and permit a substituted use.

(Ord. No. 2004-04, § 95.1103, 5-25-04; Ord. No. 2005-11, 95.1103, 12-12-05)

The board of zoning appeals shall have the following authority:

(a)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the zoning administrator.

(b)

Variances. To hear and grant appeals for variances where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this Ordinance shall be observed and the public safety, welfare, and justice secured.

(c)

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the location of the boundaries of the zoning districts after the village 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 village 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, or modify the order, requirement, decision, or determination appealed from, and may direct the issuance of a permit.

(f)

Assistance. The board may request assistance from other vllage officers, departments, commissions, and boards.

(g)

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

(Ord. No. 2004-04, § 95.1104, 5-25-04)

Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the village affected by the decision of the zoning administrator. Such appeals shall be filed in the office of the zoning administrator within 30 days after the date of written notice of the decision or order of the zoning administrator. 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 in the office of the zoning administrator. Such appeals and application 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 registered land surveyor or other map drawn to scale and approved by the village zoning administrator, showing all of the information required under section 95-203 for a zoning permit.

(c)

Additional information required by the village zoning administrator, the board of zoning appeals, or the village plan commission.

(d)

Fee receipt from the village treasurer or zoning administrator in accordance with section 95-208 of this Ordinance.

(Ord. No. 2004-04, § 95.1105, 5-25-04)

The board of zoning appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in article XIII of this Ordinance, and shall give due notice to the parties in interest, the zoning administrator, and the village plan commission. At the hearing the appellant or applicant may appear in person, by agent, or by attorney.

(Ord. No. 2004-04, § 95.1106, 5-25-04)

The board of zoning appeals shall transmit a copy of each application for a variance to conservancy regulations in a shoreland, or to floodplain regulations, and a copy of all shoreland and floodplain appeals, to the Wisconsin Department of Natural Resources (DNR) for review and comment at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to conservancy regulations in a shoreland or to floodplain regulations, and a copy of all decisions to shoreland and floodplain appeals, shall be transmitted to the DNR within ten days of the date of such a decision.

(Ord. No. 2004-04, § 95.1107, 5-25-04)

(a)

Shoreland disputes. Whenever the board of zoning appeals is asked to interpret the location of a shoreland boundary, the zoning administrator shall make the initial determination of navigability or ordinary high-water mark location. When questions arise, the zoning administrator shall contact the appropriate regional office of the Wisconsin Department of Natural Resources (DNR) for a final determination of navigability or ordinary high-water mark location.

(b)

Wetland disputes. Whenever the board of zoning appeals is asked to interpret a C-1 Lowland Conservancy District boundary where an apparent discrepancy exists between the village's final wetland inventory map and actual field conditions, the village shall contact the DNR, or other appropriate authority, to determine if the wetland inventory map is in error. If the DNR staff, or the staff of another appropriate authority, concurs that the particular area was incorrectly mapped as a wetland, the board of zoning appeals shall direct the village plan commission to initiate appropriate action to rezone the property within a reasonable amount of time.

(Ord. No. 2004-04, § 95.1108, 5-25-04; Ord. No. 16-07, § 2, 8-1-16)

No variance to the provisions of this Ordinance shall be granted by the board unless it finds upon a preponderance of evidence presented that all the following facts and conditions exist and so indicates 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 would not be of so general or recurrent nature as to suggest that the Zoning Ordinance should be changed.

(c)

Economic hardship and self-imposed hardship 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 Ordinance or the public interest.

(f)

Additional requirements in floodplain districts. Nonconforming uses and structures in the FW Floodway Regulatory Area, FC Floodplain-Conservancy Regulatory Area, and UF Urban-Floodplain Regulatory Area shall comply with the provisions of section 95-117. No variance shall be granted in such Floodplain Regulatory Areas where:

1.

Filling and development contrary to the purpose and intent of the FW and FC Regulatory Areas would result.

2.

A change in the boundaries of the FW, FC, or UF Regulatory Areas would result.

3.

A lower degree of flood protection than a point two feet above the 100-year recurrence interval flood for the particular area would result.

4.

Any action contrary to the provisions of ch. NR 116, Wis. Adm. Code, would result.

(Ord. No. 2004-04, § 95.1109, 5-25-04)

The board of zoning 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 and the zoning administrator.

(a)

Conditions may be placed upon any zoning permit ordered or authorized by this board.

(b)

Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(c)

Applicants receiving variances in floodplains. Pursuant to federal regulations [44 CFR Part 60.6(5)], applicants receiving variances in floodplains shall be notified, in writing, by the board of zoning appeals that increased flood insurance premiums and increased threat to life and property may result from the granting of the variance. The board shall keep a record of the notification in its files.

(Ord. No. 2004-04, § 95.1110, 5-25-04)

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.

(Ord. No. 2004-04, § 95.1111, 5-25-04)