Mukwonago Village City Zoning Code
ARTICLE XII
Board of Zoning and Building Appeals
§ 100-801 Established.
[Ord. No. 700, § VI, 1-21-2003]
There is hereby established a board of zoning and building appeals for the Village of Mukwonago with the powers as set forth under W.S.A., § 62.23(7)(e).
§ 100-802 Membership.
[Ord. No. 700, § VI, 1-21-2003; Ord. No. 835, § I, 1-18-2011]
(a)
The board of zoning and building appeals shall consist of seven members, five regular voting members and two alternate members (first and second alternate), who shall be qualified to vote in the absence of a regular voting member, appointed by the Village President and confirmed by the Village Board.
(1)
The secretary and the office of the board of zoning and building appeals shall be the Village Clerk and the Village Clerk's office.
(2)
The Building Inspector shall attend all meetings for the purpose of providing technical assistance when requested by the board.
(3)
Official oaths shall be taken by all members in accordance with W.S.A., § 19.01, within 10 days of receiving notice of their appointment.
§ 100-803 Organization.
[Ord. No. 700, § VI, 1-21-2003]
(a)
The board of zoning and building appeals shall organize and adopt rules of procedure for its own government in accordance with W.S.A. § 62.23(7)(e)(3).
(1)
Meeting shall be held at the call of the chairman and shall be open to the public.
(2)
Minutes of the proceedings and a record of all action 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 board and shall be a public record.
(3)
The concurring vote of four members of the board of zoning and building appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official; grant a variance; make an interpretation; or authorize alternate materials or methods of construction. However, a conditional use permit may be approved by a simple majority.
§ 100-804 Powers.
[Ord. No. 700, § VI, 1-21-2003]
The board of zoning and building appeals shall have the powers as set forth in W.S.A., § 62.23(7)(e)7, 8. The board of zoning and building appeals may request assistance from other Village officers, departments, commissions and board, and the chairman may administer oaths and compel the attendance of witnesses.
§ 100-805 Appeals and applications.
[Ord. No. 700, § VI, 1-21-2003]
(a)
Appeals of the decision of the Building Inspector, Zoning Administrator and any administrative official 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 60 days after the date of written notice of the decision or order of the Building Inspector or any administrative official. 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 applications shall include the following:
(1)
Name and address of the appellant or applicant and all abutting and opposite property owners of record.
(2)
Plat of survey prepared by a registered land surveyor showing all of the information required under § 100-14 for a building permit.
(3)
Additional information required by the Village plan commission, Village engineer, Zoning Administrator, board of zoning and building appeals or Building Inspector.
§ 100-806 Hearings.
[Ord. No. 700, § VI, 1-21-2003]
The board of zoning and building appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in Article XIV, and shall give due notice to the parties in interest, the Building Inspector, the Village plan commission and the DNR if appropriate. At the hearing, the appellant may appear in person, by agent, or by attorney.
§ 100-807 Notice to department of natural resources.
[Ord. No. 700, § VI, 1-21-2003]
The board of zoning and building appeals shall transmit a copy of each application for a variance to conservancy regulations in a shoreland or to floodland regulation, and a copy of all shoreland and floodland appeals, to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. 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 floodland regulations, and a copy of all decisions to shoreland and floodland appeals, shall be transmitted to the DNR within 10 days of the date of such decisions.
§ 100-808 Findings.
[Ord. No. 700, § VI, 1-21-2003]
(a)
Except for conditional use permits, no variance to the provisions of this chapter shall be granted by the board of zoning and building appeals unless it finds beyond a reasonable doubt that all the following facts and conditions exist and indicates such in the minutes of its proceedings:
(1)
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.
(2)
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 should not be of so general or recurrent nature as to suggest that this chapter should be changed.
(3)
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.
(4)
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.
(5)
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 chapter or the public interest.
(6)
Additional requirements: Additional requirements in the floodplain/shoreland-wetland zoning district shall be as set forth in Division 7 of Article II of this chapter.
§ 100-809 Floodplain/shoreland-wetland mapping disputes.
[Ord. No. 700, § VI, 1-21-2003]
The procedures set forth in Division 7 of Article II of this chapter shall be used by the board of zoning and building appeals in hearing and deciding disputes concerning the floodplain/shoreland-wetland boundaries shown on the official zoning map.
§ 100-810 Decision.
[Ord. No. 700, § VI, 1-21-2003]
(a)
The board of zoning and building appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, Building Inspector, Village plan commission, (and DNR if required).
(1)
Conditions may be placed upon any building permit ordered or authorized by this board.
(2)
Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.
(3)
Applicants receiving variances in floodlands shall be notified, in writing, by the board that increased flood insurance premiums may result from the granting of the variance. The board shall keep a record of the notifications in its files.
(4)
A copy of all decisions granting or denying a variance to the floodland and shoreland provisions of this chapter and all conditional use permits granted shall be transmitted by the secretary of the board of zoning and building appeals to the state department of natural resources within 10 days.
§ 100-811 Fees.
[Ord. No. 772, § III, 11-15-2005]
Fees for a variance request and requests for a conditional use, unspecified use, home occupation conditional use and professional home office conditional use permits shall be specified in the most current Village Board resolution.
