The zoning board of appeals is established for the purpose of hearing appeals and applications and granting variances to the provisions of this chapter in harmony with the purpose and intent of this chapter.

1. A.
   Composition. The zoning board of appeals shall consist of five citizen members appointed by the town chairperson and subject to confirmation by the town board for terms of three years, except that of those first appointed, one shall serve for one year, two for two years, and two for three years. Annually the town chairperson shall designate one member as chairperson, and that designee shall appoint a vice-chairperson.
2. B.
   Secretary. The board of appeals may employ a secretary and other employees if approved by the town board; their compensation shall be set by the town board.
3. C.
   Removal. Any member of the board of appeals in violation of section 2-428 shall be considered for removal by the town board.
4. D.
   Alternate members. The town chairperson shall appoint two alternate members in addition to the five regular members for staggered three-year terms. The town chairperson shall annually designate one of the alternates as the first alternate member and the other as the second alternate member. The first alternate member shall act only when a regular member is absent or abstains. The second alternate member may act only when the first alternate is unable to act or is already sitting or acting.
5. E.
   Payment. The town board may establish a per diem allowance per meeting for citizen and town board members of the zoning board of appeals, as allowed under Wis. Stats. § 66.0501(2). Town board members would be paid when attending meetings on which they are a member or for which their presence is required because of invitation from the chairperson of the board of appeals. In addition, the town board may reimburse reasonable costs and expenses, as allowed under Wis. Stats. § 60.321.
6. F.
   Organization. The zoning board of appeals shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this chapter.

   1. 1.
      Meetings and hearings shall be held at the call of the chairperson and shall be open to the public, except that the board may go into executive session to deliberate after a hearing or an appeal.
   2. 2.
      Special meetings may be called by the chairperson or by the secretary at the request of two members. Notice of a special meeting shall be mailed to each member at least 48 hours prior to the time set for the meeting, or announcement of the meeting shall be made at any meeting at which all members are present.
   3. 3.
      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 town clerk and shall be a public record.
   4. 4.
      The concurring vote of four members of the board shall be necessary to correct an error, grant a variance, and make an interpretation.
   5. 5.
      No board member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the chairperson shall direct an alternate member to act instead. Disqualification of a member for interest shall not decrease the number of votes required for acting upon any matter, but such member may be counted in determining whether a quorum is present for the transaction of business.
   6. 6.
      A board member who recuses himself does not vote and does not have any discussion or involvement in the matter in question. The member should physically remove himself from the table where the zoning board is seated while the matter is discussed to make it clear he is not serving as a member of the zoning board. The meeting minutes should reflect that the member has recused himself; however the member may offer testimony as a member of the public.

Effective on: 1/1/1901

The zoning board of appeals is hereby vested with the following jurisdiction and authority:

1. A.
   Administrative appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning chapter, or any ordinance adopted under Wis. Stats. § 62.23 (city planning), Wis. Stats. § 61.35 (village planning), or Wis. Stats. § 91.01 et seq. (farmland preservation).
2. B.
   Variances. To hear and act upon applications for specific variances from the terms provided in the zoning regulations.
3. C.
   Other matters. To hear and act upon all other matters referred to it upon which it is required to act under this chapter.
4. D.
   Assistance. The board may request assistance from other town officers, departments, commissions, and boards.
5. E.
   Oaths. The chairperson may administer oaths and compel the attendance of witnesses.

Effective on: 1/1/1901

1. A.
   Who may appeal. Administrative appeals to the zoning board of appeals may, upon formal application, be taken by any person aggrieved by or affected by a decision of the zoning administrator or any other administrative official charged with administering and enforcing this chapter. Such appeals shall be governed by the following provisions:
2. B.
   Procedure.

   1. 1.
      A completed application along with the filing fee shall be filed with the town clerk within 30 days after the date of written notice of the decision of the zoning administrator and transmitted to the zoning board of appeals. An appeal shall stay all legal proceedings of the action appealed unless a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
   2. 2.
      The officer whose action is appealed shall submit in writing the reasons for the action.
   3. 3.
      The board shall within 30 days of receiving a completed written application establish a time for the hearing of the appeal and give public notice thereof. The town shall also give written notice of the hearing via U.S. mail or hand delivery to the property owner and applicant as well as the town board, zoning administrator, and plan commission.

Effective on: 1/1/1901

1. A.
   Application. While use variances are prohibited, the zoning board of appeals may, upon denial of a site plan and submission of a formal application, grant an area variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship on the applicant. Such variances shall be governed by the following provisions:
2. B.
   Procedure.

   1. 1.
      A completed application along with the filing fee, and photos and diagrams outlining the request shall be filed with the town clerk within 30 days after the date of written notice of the decision of the zoning administrator and transmitted to the zoning board of appeals.
   2. 2.
      The officer whose action is appealed shall in writing clearly state the reasons for the denial.
   3. 3.
      The board shall within 30 days of receiving a complete written application set a date for the hearing of the appeal and give public notice by publication of a Class 2 notice at least ten days prior to the hearing. The town shall also give written notice of the hearing via U.S. mail or hand delivery to the property owner and applicant, as well as to the town board, zoning administrator, plan commission, and owners of a property within 300 feet of the perimeter property line as it exists at the time of appeal.
   4. 4.
      If, by majority vote, the zoning board of appeals believes that an on-site inspection of the property is necessary, the hearing shall be adjourned to the site for inspection. Any deliberation shall take place only upon return to the town hall where the meeting shall be reconvened. However, zoning board members may individually visit the site and are not required to comply with the open meetings law. Regardless of the method used to visit the site zoning board members shall comply with these stipulations:

      1. a.
         Refrain from discussing how you may personally vote or how you think the board will vote to approve or deny the request.
      2. b.
         Do not discuss the request with adjacent property owners. Ask them to attend the variance meeting and voice their opinions publicly.
      3. c.
         If a request for a variance is from a relative, close friend, or an adjacent neighbor of a board member that member should recuse him or herself from the board meeting. The night of the review:

         1. i.
            An alternate member will be asked to attend the meeting.
         2. ii.
            The recused member should physically remove him or herself from the table where the zoning board is seated while the matter is discussed to make it clear you are not serving as a member of the zoning board. The meeting minutes should reflect that you have recused yourself.
         3. iii.
            The recused member may offer testimony as a member of the public from the audience.
         4. iv.
            His or her comments will be considered along with all other public comments.

(Ord. of 10-15-2013; Ord. No. 202506-06, 06/17/2025)

Effective on: 6/17/2025

1. A.
   Factual findings for interpretations. No administrative appeal upon the interpretation of the words, terms, rules, regulations, provisions and restrictions of this chapter shall be granted by the board unless it finds by the preponderance of the evidence that all of the following facts and conditions exist and so indicates such in the minutes of the proceedings:

   1. 1.
      That there is a reasonable difference of interpretation as to the specific intent of the word, term, rule, regulation, provision and restriction of the chapter.
   2. 2.
      That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties similarly situated.
   3. 3.
      That the resulting interpretation is in the best interest of the town and consistent with the spirit and intent of this chapter.
2. B.
   Factual findings for variances. No variance to the provisions of this chapter shall be granted by the board unless it finds by the preponderance of the evidence that all of the following facts and conditions exist and so indicates such in the minutes of its proceedings:

   1. 1.
      Preservation of intent. No variance shall be granted which is inconsistent with the purpose and intent of the regulations for the district in which the building or structure is located. No variance shall have the effect of permitting a use in any district that is not a listed permitted use or accessory use in that particular district.
   2. 2.
      Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot, building, or structure that do not apply generally to other similar lots, buildings, structures or uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to amount to an amendment of this chapter or a rezoning.
   3. 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. 4.
      Health, safety and general welfare. No variance shall be granted that is contrary to the health, safety and general welfare of the town.

Effective on: 1/1/1901

The final decision regarding an administrative appeal or a variance application shall:

1. A.
   Be made within 30 days of the public hearing;
2. B.
   Be a written determination signed by the chairperson or secretary of the board;
3. C.
   Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the administrative appeal for lack of jurisdiction or grant or deny the variance application; and
4. D.
   Include the reasons for granting an administrative appeal; describe the hardship demonstrated by the applicant in the case of a variance, and have the rational clearly stated in the recorded minutes of the board proceedings.

Effective on: 1/1/1901

1. A.
   Determinations subject to review. All decisions and findings of the zoning board of appeals, on administrative appeal or upon application for a variance after a hearing, shall in all instances be final administrative determinations and shall be subject to review by court as may be provided by law.
2. B.
   Expiration of variance. If construction has not begun or if the variance has not been acted upon within six months of the approval date, the variance shall expire.

Effective on: 1/1/1901