(a)

Establishment. There is hereby established a board of zoning appeals for the village.

(b)

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

(c)

Terms and vacancies.

(1)

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

(2)

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

(3)

Chairperson. The chairperson shall be designated by the village president.

(4)

Alternate. An alternate member may 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 interest.

(5)

Secretary. Secretary shall be as designated by the village board.

(d)

Organization. The board of zoning appeals shall organize and adopt rules of procedure in conformance to Wis. Stats. § 62.23(7)(e)1—15.

(e)

Powers. The board of zoning appeals shall have the powers as expressed in Wis. Stats. § 62.23(7)(e) except that conditional uses (special exceptions) shall be acted upon by the plan commission. Use variance shall not be granted.

(f)

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 an amount as established by the village board from time to time.

(g)

Hearings. The board of zoning appeals shall fix a reasonable time and place for the hearing, give public notice thereof at least ten days prior 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.

(h)

Findings. No variance to the provisions of this chapter shall be granted by the board unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicate in the minutes of its proceedings.

(1)

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.

(2)

Preservation of property rights. 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)

Absence of detriment. That 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.

(i)

Decision. 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, building inspector and plan commission.

(1)

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

(2)

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

(j)

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.

(Code 1999, § 18.45)