A Zoning Board of Appeals shall be appointed as specified in s. 62.23 (7) (e), Wis. Stats. The Zoning Board of Appeals shall have the powers authorized by s. 62.23(7)(e) Wis. Stats. Pursuant to the provisions of s. 62.23(7)(1) Wis. Stats. nothing shall preclude the Village Board from granting conditional use permits, variances or special exceptions. The members of the Zoning Board of Appeals shall be paid at the same rate as the Village Board members are paid for attendance of meetings, expenses or other enumeration or reimbursement. The members shall be removable by the Village President for cause upon written charges and after public hearing. The Zoning Board of Appeals shall make and file in the office of the Village its own rules of procedure consistent with the statutes.

(Ordinance No. 19-002 Passed: 3/13/2019 Published: 3/23/2019)

The following shall be the rules governing the conduct of the business of said Board of Appeals.

a.

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.

b.

The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.

c.

All meetings of the Board shall be open to the public.

d.

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 all its hearings and examinations and other official actions, all of which shall be immediately filed in the Office of the Board and shall be a public record.

Appeals to the Board of Appeals shall be conducted as follows:

a.

Appeals to the Board of Appeals may be taken by any person aggrieved or by any Officer, Department, Board or Bureau of the Village, affected by any decision of the Building Inspector or Zoning Administrator.

b.

Such appeals shall be made within twenty (20) days from the date of the decision of the Building Inspector or other administrative officer appealed from. The original of such appeal shall be filed with the Board and shall specify the grounds thereof.

c.

A copy of such appeal shall be served upon the officer from whose decision the appeal is taken, and such officer shall, upon receiving the notice of such appeal, forthwith transmit to the Board copies of all papers constituting the record upon which the action appealed from was taken.

d.

An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him, that by reason of 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 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.

e.

Each appeal shall be heard by the Board following publication of a notice for hearing the appeal. Hearings shall be held at the Village Municipal Building. All appeals shall be decided within ten (10) days after completion of the hearing thereon.

f.

Prior to the hearing of the appeal, public notice thereof shall be given by the Village Clerk by advertisement in the official newspaper at least once not less than seven (7) days before the date set for such hearing. At least three (3) copies of such notice shall be separately posted within a three hundred (300) foot radius of the lands affected by the appeal. Written notice thereof shall also be given to the Village Building Inspector, the Village Zoning Administrator; to the appellant; to the Village Clerk, who upon receipt of such notice, shall forthwith notify all members of the Village Board; and to all interested persons. Such notice shall be given not less than seven (7) days before the date set for such hearing either by mail or by personal service as the Board shall determine.

g.

The concurring vote of four (4) members of the Board shall be necessary to constitute a decision of that body upon any of the matters that it has the power to act upon.

No action of the Board of Appeals shall have the effect of permitting in a zone any use not specifically permitted in that zone. The Village Board reserves to itself the authority to review and consider all applications for variances and conditional use permits.

The Board of Appeals shall have the following powers:

a.

To hear and decide appeals wherein it is alleged there is error in any order, requirement, decision, and determination made by the Building Inspector.

b.

To hear and decide special exceptions to the area requirements of this Zoning Code, except in those instances where the Village Board has the authority to grant or deny conditional use permits.

c.

To authorize, upon appeal in specific cases, such variance from the area requirements of this chapter as will not be contrary to the public interest, where, owing to special conditions, peculiar to a specific lot or tract of land, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, so that the spirit of this chapter shall be observed and substantial justice be done. In every case where a variance from the regulations imposed by this chapter has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that an "unnecessary hardship" exists, and the records of the Board shall clearly show in what particular and specific respects an "unnecessary hardship" is created.

d.

To forward to the Village Board any application for a conditional use permit or a variance from the use restrictions of this Zoning Code.

e.

The Board of Appeals shall have the power to call on any of the other Village officers, managers and employees, including the Village Engineer and/or the Village Attorney for assistance in the performance of its duties.

In exercising the above mentioned powers, the Board of Appeals may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal was taken; provided that the Board shall make and sign legal findings of fact based upon credible evidence in the record.

The court review of any determination of the Board of Appeals shall be as provided by s. 62.23, subsections (1) to (15), inclusive, Wis. Stats.

Any person, firm or corporation or other legal entity who violates any provisions of this chapter shall be subject to a fine or civil forfeiture of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), plus costs and chapter compliance by Court order for compliance with the chapter by injunction or otherwise, if the Village shall so request, or in default of payment of such forfeiture or compliance by Court order, injunction or otherwise, shall be subject to entry of civil judgment and enforcement as provided by law. Each day of violation constitutes a separate count and separate offense and violation of this chapter.

a.

Any violation of this chapter is hereby declared to be a nuisance. In addition to any other relief provided by this chapter, the Village may apply to a Court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction, and permanent injunction.

b.

Any use, in any district, which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood may be required to correct or improve such condition by such measures as are directed by the Village Board consistent with reasonable technological and economic practicality. Failure to correct such condition shall constitute a nuisance.