A.

Purpose. The purpose of this section is to provide regulations that enable a hearing and decision on requests for permitted variation from the terms of this chapter, in accordance with the requirements of this section and Wisconsin law.

B.

Eligible provisions for which variances may be granted. Variances from the regulations of this chapter may be granted only in the following instances and in no others:

(1)

To permit any setback, principal building separation distance, or landscape surface ratio that is less than the setback, principal building separation distance, or landscape surface ratio required within the applicable zoning district under article V.

(2)

To permit building construction on a lot where otherwise prohibited solely because of the insufficient lot area, lot width, lot frontage, or public street frontage within the applicable zoning district under article V. In no event shall the respective lot area or lot width be less than 50 percent of the required dimension under article V. Lot frontage may be reduced by 100 percent of the required dimension under article V.

(3)

To permit a building, fence, wall, or other structure height that is greater than that required within the applicable zoning district under article V, section 520-83, or any other provision of this chapter.

(4)

To permit a maximum or minimum floor area or density of any building or use so limited by the applicable regulations in this chapter to vary by not more than 25 percent, where the matter is not otherwise covered by the above eligible variances.

(5)

To permit variations from an access, driveway, off-street parking, traffic circulation, or loading standard in sections 520-87 to 520-89.

C.

Initiation of request for approval of variance. Proceedings for approval of a requested variance shall be initiated by an application of the owners, or their authorized agent, of the subject property.

D.

Application requirements. The applicant shall provide the zoning administrator with the complete application, certified as complete by the zoning administrator under subsection E(1), including an easily reproducible electronic copy plus hardcopies in a quantity directed by the zoning administrator. Said complete application shall be composed of all of the following:

(1)

A completed application on a form provided by the zoning administrator.

(2)

A map of the subject property showing all lands for which the variance is proposed. Said map shall clearly indicate the current zoning of the subject property. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier.

(3)

A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property.

(4)

A site plan of the subject property, including existing conditions and proposed changes.

(5)

Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the criteria set out in subsection G below.

(6)

A fee as established by the village board and stated in the village's fee schedule.

E.

Review by zoning administrator. The requested variance shall be reviewed by the zoning administrator as follows:

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the zoning administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he or she shall return the application to the applicant with an explanation. If the zoning administrator determines that the application is complete, he or she shall certify the application as complete. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred.

(2)

Once the zoning administrator determines that the application is complete, the zoning administrator or designee shall authorize the public hearing and prepare a written evaluation, including whether there is justification for the proposed variance based on the application and the criteria for variance approval.

(3)

The zoning administrator shall forward the application and evaluation report to the zoning board of appeals for that board's review and action.

F.

Review and determination.

(1)

Within 45 days after filing of the complete application as determined by the zoning administrator, the zoning board of appeals shall hold a public hearing.

(a)

Legal ad (per existing ordinances). The notice of the time, date, and location of the planning commission public hearing shall be published by the village at least two times in a newspaper of general circulation in the village. Publications shall occur 14 calendar days and seven calendar days prior to the date of the planning commission public hearing on a conditional use permit or a zoning change request. The notice of the time, date, and location of the planning commission public hearing shall be published by the village at least one time in a newspaper of general circulation in the village ten calendar days prior to the date of the planning commission public hearing on an application for variance request.

(b)

Public notice. Notice of the plan commission public hearing shall be sent by regular mail to the applicant, each landowner adjoining the subject property and each landowner within 500 feet of the subject property. Notice of the planning commission public hearing shall be sent at least ten calendar days prior to the planning commission public hearing. The notice shall be prepared and mailed by the village. The failure of any person required by this section to receive the notice shall not invalidate or otherwise have any effect upon a public meeting or public hearing or action taken on the application.

(c)

Local government notice. The village shall send one copy of the application at least ten calendar days prior to the plan commission public hearing to the adjoining local government for review and comment when the project affects another municipality, or the primary access to the affected property is through an adjoining municipality.

(d)

Village website. Notice of the plan commission public hearing shall be posted on the village webpage.

G.

Criteria for grant of variance.

(1)

The zoning board of appeals shall determine that all of the following criteria have been met before granting a variance:

(a)

That compliance with the strict letter of the zoning ordinance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. It is not sufficient that a variance applicant show that the zoning regulation(s) prevents or burdens his or her planned activity. Such applicant must show by competent evidence that the regulation unreasonably prevents or unnecessarily burdens the proposed activity.

(b)

That compliance with the strict letter of the zoning ordinance would create unnecessary hardship due to a unique property condition, meaning a special physical feature or limitation of the property that is not generally shared by nearby land or property within the same zoning district. If a variance applicant fails to prove the existence of a unique property condition and a connection between the condition and the hardship, even if the hardship is great, a variance may not be granted.

(c)

That the requested variance will not be contrary to the public interest, the intent and purpose of this chapter, or the village's comprehensive plan.

(d)

That the requested variance is for a provision of this chapter authorized for potential variances under section 520-126.B, and in no case shall allow a land use that is not listed as a permitted, conditionally permitted, or temporary land use in the associated zoning district.

(2)

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. The concurring vote of four of the members of the zoning board of appeals shall be necessary to grant a variance. No order of the zoning board of appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

H.

Recording of variance. The zoning administrator shall record the variance against the property, assigning all costs thereof to the applicant, and shall make record of the variance in the county register of deeds' office.

I.

Effect of denial. No application for a variance that has been denied shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the zoning administrator.

J.

Limited effect of variance. Where the zoning board of appeals has granted a variance, such approval shall neither change the use classification of the building or premises nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered unique to the variance granted, and shall not be construed as precedent for any other proposed variance.

K.

Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this chapter from which the applicant is requesting a variance, unless the zoning administrator certifies to the zoning board of appeals, after the request for the variance has been filed, that by reason of the facts stated in the certificate a stay would, in his opinion, 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 of appeals, or by a court of record on application, on notice to the zoning administrator, and on due cause shown.

L.

Fee. The village may require a fee for this procedure, as established by the village board and stated in the village's fee schedule.

(Ord. No. 16-07, 6-20-2016; Ord. No. 16-17, 10-25-2016; Ord. No. 21-11, 7-27-2021)