There is hereby established a board of appeals for the purpose of hearing appeals and applications and granting variances and exceptions to the building and other land use provisions of this Code in harmony with the purpose and intent of this chapter.

(Ord. of 4-19-2011, § 11.0; Ord. No. 71, § 4(11.0), 5-16-2011)

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

(1)

Terms shall be for staggered three-year periods.

(2)

The chairperson shall be designated by the village president.

(3)

Two alternate members 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.

(4)

One member shall be a registered architect, registered professional engineer, builder or real estate appraiser.

(5)

The board shall have an established officer of secretary. The secretary shall be elected by the board at the annual meeting.

(6)

The building inspector shall attend all meetings for the purpose of providing technical assistance when requested by the board.

(7)

Official oaths shall be taken by all members in accordance with Wis. Stats. §19.01, within ten days of receiving notice of their appointment.

(8)

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

(Ord. of 4-19-2011, § 11.1; Ord. No. 71, § 4(11.1), 5-16-2011)

The board of appeals shall organize and adopt rules of procedure in accordance with this chapter.

(1)

Meetings shall be held at the call of the chairperson and shall be open to the public.

(2)

Minutes of the proceedings and a record of all actions shall be kept by the secretary, 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)

When a quorum is present, the board of appeals may take action by a majority vote of the members present.

(Ord. of 4-19-2011, § 11.2; Ord. No. 71, § 4(11.2), 5-16-2011)

The board of appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning inspector, planning commission or village board.

(2)

To hear and grant appeals for variances that 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 Code shall be observed and the public safety, welfare and justice be secured. Use variances shall not be granted.

(3)

To hear and decide applications for interpretations of the zoning districts.

(4)

To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made.

(5)

To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district.

(6)

To hear and grant applications for temporary uses in any district, provided that such uses are a temporary nature; do not involve the erection of a substantial structure; are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the board of appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this Code shall be required.

(7)

The board may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issuance of a permit.

(8)

The board may request assistance from other officers, departments, commissions and boards.

(9)

The chairperson may administer oaths and compel the attendance of witnesses.

(Ord. of 4-19-2011, § 11.3; Ord. No. 71, § 4(11.3), 5-16-2011)

Appeals concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board or bureau. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order. 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 of the board. Such appeals and application shall include the following:

(1)

Name and address of the appellant or applicant and all abutting and opposite property owners of record within 200 feet of such property.

(2)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 36.9 for a building permit.

(3)

Additional information required by the board of appeals.

(4)

Fee receipt from the village clerk/treasurer in the amount set by the village board by resolution.

(Ord. of 4-19-2011, § 11.4; Ord. No. 71, § 4(11.4), 5-16-2011)

The board of appeals shall fix a reasonable time and place for the hearing, give public notice as a Class 1 notice at least ten days prior and shall give due notice to the parties in interest, the building inspector and the village board. At the hearing, the appellant or applicant may appeal in person, by agent or attorney.

(Ord. of 4-19-2011, § 11.5; Ord. No. 71, § 4(11.5), 5-16-2011)

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 indicates 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 uses 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 a nature as to suggest that this chapter should be amended.

(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 the 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.

(Ord. of 4-19-2011, § 11.6; Ord. No. 71, § 4(11.6), 5-16-2011)

(a)

The 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 application, building inspector and village board.

(b)

Conditions may be placed upon any building 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.

(Ord. of 4-19-2011, § 11.7; Ord. No. 71, § 4(11.7), 5-16-2011)

Any person aggrieved by any decision of the board of appeals may commence an action seeking the remedy available by certiorari. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board of appeals.

(Ord. of 4-19-2011, § 11.8; Ord. No. 71, § 4(11.8), 5-16-2011)