There is established a zoning board of appeals for the village for the purpose of hearing appeals and applications, and for granting variances and exceptions to the provisions of this article. The zoning board of appeals shall consist of five members plus two alternates appointed by the president and confirmed by the village board. They shall be appointed to staggered three-year terms as in Wis. Stats. § 62.23.

(Ord. No. 2008-1, § 46-541, 8-6-2008)

State Law reference— Board of appeals membership, Wis. Stats. § 62.23(7)(e)2.

The zoning board of appeals shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this article.

(1)

Meetings shall be held at the call of the chairperson and meet the requirements of the opening meetings law.

(2)

Minutes of the proceedings and a record of all actions 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 village clerk-treasurer and shall be a public record.

(3)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official; grant a variance; or make an interpretation.

(4)

The board may retain the services of experts and consultants to advise it on technical or professional matters which would be the subject of any requests, petitions, or legal actions involving the board. The board may assess some or all of the cost of such services to parties or applicants requesting a decision by the board.

(Ord. No. 2008-1, § 46-542, 8-6-2008)

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(e)3.

The zoning board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by any administrative official.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this article shall be observed and the public safety and welfare secured and substantial justice done. Variances shall not be granted which would have the affect of permitting a land use in a zoning district where it is not a permitted use as provided for in this article.

(3)

Interpretations. To interpret the meaning of terms and provisions of the article where a question or dispute arises by the zoning administrator, property owner or a concerned citizen, and to interpret the location of a zoning district line where there is a question or dispute.

(4)

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

(5)

Assistance. The board may request assistance from other village officials, departments, commissions, and boards.

(6)

Oaths. The chairperson or vice-chairperson may administer oaths and compel the attendance of witnesses.

(Ord. No. 2008-1, § 46-543, 8-6-2008)

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(e)7.

Appeals of the decision of the zoning administrator or any administrative official concerning the literal enforcement of this article may be made by any person aggrieved or by any officer, department, or board of the village. Such appeals shall be filed with the village clerk-treasurer within a reasonable time as provided in the rules of the zoning board of appeals after receipt of written notice of the decision or order of the zoning administrator 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 village clerk-treasurer. 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 for a building permit when required by the zoning administrator or a sketch drawn to a recognized map scale may be submitted.

(3)

Additional information required by the village planning and zoning committee, zoning board of appeals, or zoning administrator.

(4)

The filing fee shall be submitted with the application.

(Ord. No. 2008-1, § 46-544, 8-6-2008)

State Law reference— Appeals, Wis. Stats. § 62.23(7)(e)4—(7)(e)6.

The zoning board of appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in Wis. Stats. § 62.23, and shall give due notice to the parties in interest, and the zoning administrator. At the hearing the appellant may appear in person, by agent, or by attorney.

(Ord. No. 2008-1, § 46-545, 8-6-2008)

The zoning board of appeals shall grant no variance to the provisions of this article unless it finds by a preponderance of the evidence that all the following facts and conditions exist and so 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 unique circumstances or conditions applying to the lot or parcel or structure that do not apply generally to other properties of uses in the same zoning classification, and the granting of the variance should not be of so general or recurrent nature as to suggest that this article 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 zoning 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 article or the public interest.

(Ord. No. 2008-1, § 46-547, 8-6-2008)

The zoning board of 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 and to the zoning administrator.

(1)

Conditions may be placed upon any building permit ordered or authorized by this board which shall be enforced by the zoning administrator.

(2)

Variances granted by the board, relating to the commencement of construction of a building or structure, shall expire within a period of time established by the board, but in no case shall such period exceed 12 months unless substantial work has commenced pursuant to such variance as determined by the zoning administrator. If the variance expires, it is null and void and the applicant must reapply for a variance.

(Ord. No. 2008-1, § 46-549, 8-6-2008)

Any persons jointly or severally aggrieved by any decision of the zoning board of appeals, or any taxpayer, or any officer, department, or board of the village may, within 30 days after the filing of the decision in the office of the zoning board of appeals, commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on notice to the zoning board of appeals and on due cause shown, grant a restraining order. The zoning board of appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

(Ord. No. 2008-1, § 46-550, 8-6-2008)

State Law reference— Appeals to court, Wis. Stats. § 62.23(7)(e)10.