Mayville Dodge County
City Zoning Code
City Zoning Code
ARTICLE XIX
Zoning Board of Appeals
§ 430-132 Establishment.
Pursuant to § 62.23(7)(e), Wis. Stats., there is established a Zoning Board of Appeals for the City for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of said chapter.
§ 430-133 Membership.
A.
The Zoning Board of Appeals shall consist of five members appointed by the Mayor and confirmed by the Council.
B.
Terms shall be for staggered three-year periods.
C.
The Chairman shall be designated by the Mayor.
D.
Two alternate members shall be appointed by the Mayor for a term of three years and shall act only when a regular member is absent or refuses to vote because of interest.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E.
One member shall be a member of the Plan Commission and one member preferably shall be a registered professional engineer, builder, real estate appraiser, or architect.
F.
The Building Inspector shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
G.
Official oaths shall be taken by all members in accordance with current Wisconsin Statutes within 10 days of receiving notice of their appointment.
H.
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
§ 430-134 Organization and procedures.
[Amended by Ord. No. 927-2002[1]]
The Zoning Board of Appeals shall organize and adopt rules of procedure for its government in accordance with the provisions of this chapter. Meetings shall be held at the call of the Chairman and shall be open to the public. Minutes of the proceedings and a record of all actions shall be kept by the Board 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 City Clerk and shall be a public record. If a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 430-135 Powers.
[Amended by Ord. No. 884-99]
The Zoning Board of Appeals shall have the following powers:
A.
Errors. The Board shall hear and decide appeals for variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter are observed and the public safety, welfare and justice secured. Applications for variances, other than applications for side yard or rear yard variances, shall be referred to the Plan Commission for review and recommendation prior to being acted on by the Zoning Board of Appeals.
B.
Interpretations. The Board shall hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission and appropriate Joint Extraterritorial Zoning Commission have made review and recommendation.
C.
Unclassified uses. For land within the City of Mayville, the Board shall hear and grant applications for unclassified and unspecified uses, provided that such uses are substantially similar in character to the principal uses permitted in the district and the Plan Commission has made a review and recommendation to the Board.
D.
Temporary uses. The Board shall 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 and appropriate Joint Extraterritorial Zoning Commission have made a review and recommendation. The permit shall be temporary, revocable and subject to any conditions required by the Zoning Board of Appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall not be required.
E.
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.
F.
Assistance. The Board may request assistance from other City officials, departments, commissions and boards.
G.
Oaths. The Chairman may administer oaths and compel the attendance of witnesses.
§ 430-136 Appeals procedure.
[Amended by Ord. No. 927-2002]
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 City. Such appeals shall be filed with the City Clerk 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 of the structure, land or water to be affected at any time and shall be filed with the City Clerk. Such appeals and application shall include the following where applicable:
A.
The name and address of the appellant or applicant and all abutting and opposite property owners of record.
B.
The plat of survey prepared by a registered land surveyor or a plot plan as deemed necessary by the Building Inspector.
C.
Additional information as may be required by the Building Inspector, Plan Commission, appropriate Joint Extraterritorial Zoning Commission, or Zoning Board of Appeals.
D.
A fee receipt from the City Clerk according to the current fee schedule.
§ 430-137 Hearings.
The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of such appeal set forth in § 430-136, shall give public notice thereof at least 10 days prior, and shall give due notice to the parties in interest, the Building Inspector, Plan Commission, and appropriate Joint Extraterritorial Zoning Commission. At the hearing the appellant or applicant may appear in person, by agent or by attorney.
§ 430-138 Variances.
[Amended by Ord. No. 806-95]
No variance to the provisions of this chapter shall be granted by the Board unless it finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
A.
That there are 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.
B.
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.
C.
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.
§ 430-139 Decision; duration of variances and permits.
A.
The Zoning Board of 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, Plan Commission, and appropriate Joint Extraterritorial Zoning Commission.
B.
Conditions may be placed upon any zoning permit ordered or authorized by this Board.
C.
Variances, substitutions, or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant. Where problems occur with completing substantial work within the six-month time period, an extension shall be applied for through the Zoning Board of Appeals. The filing fee shall again be submitted for action on the extension.
§ 430-140 Review of decision.
[Amended by Ord. No. 927-2002]
Any person aggrieved by any decision of the Zoning Board of 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 City Clerk.