There is established a zoning board of appeals for the village for the purpose of hearing appeals and applications for granting variances and exceptions to the provisions of this chapter.

(Code 1980, § 17.1001)

(a)

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

(b)

Term. Terms shall be for staggered three-year periods.

(c)

Chair. The chair shall be designated by the village president.

(d)

Alternate members. Two alternate members shall 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 conflict of interest.

(e)

Duties of zoning administrator. The zoning administrator shall attend all meetings for the purpose of providing technical assistance when requested by the board and shall be the recording secretary.

(f)

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

(g)

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

(Code 1980, § 17.1002)

(a)

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

(b)

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

(c)

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 village offices and shall be a public record.

(d)

The concurring vote of four members of the board shall be necessary to correct an error; grant a variance; make an interpretation; and permit a utility, temporary, unclassified, or substituted use.

(Code 1980, § 17.1003)

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 the zoning administrator.

(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 chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.

(3)

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning district after the plan commission has made a review and recommendation.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(5)

Floodplain mapping disputes. To hear and decide upon the delineation of the F-1 Floodplain District where it is alleged there is a difference between the elevation of the floodplain and lands shown within the floodplain based upon field surveys, or for determining the precise location of the floodplain.

(6)

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

(7)

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

(8)

Oaths. The chair may administer oaths and compel the attendance of board members and witnesses.

(Code 1980, § 17.1004)

Appeals of the decision of the zoning administrator, building inspector, planner, or plan commission concerning the 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 30 days after the date or written notice of the decision or order of the zoning administrator. 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, or a location sketch drawn to scale showing all of the information required under section 70-34, Municipal Code of the Village of Roberts for a building/zoning permit.

(3)

Additional information required by the plan commission, engineer, planner, zoning board of appeals, or zoning administrator.

(Code 1980, § 17.1005)

The zoning board of appeals shall fix a reasonable time and place for the required public hearing and shall give notice as specified in section 70-10, Municipal Code of the Village of Roberts. At the hearing, the appellant or applicant must appear in person or be represented by an agent or attorney.

(Code 1980, § 17.1006)

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 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 principal use, permitted accessory use, or permitted 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 in floodland district. No variance shall be granted where:

a.

A change in the boundaries of the floodland district would result.

b.

A lower degree of flood protection than a point two feet above the 100-year recurrence interval flood for the particular area would result.

c.

Any action contrary to the provisions of Wis. Admin. Code ch. NR 116 would result.

(Code 1980, § 17.1007)

The following procedures shall be used by the zoning board of appeals in settling disputes of a floodplain zoning district boundary:

(1)

The flood district boundary shall be determined by use of the flood profiles contained in an engineering study, or, where such information is not available, by flood maps or any other evidence available to the board.

(2)

The person contesting the location of the district boundary shall be given the opportunity to present his own technical evidence. Where it is determined that the floodplain is incorrectly mapped, the board of appeals shall advise the plan commission of its findings and the plan commission shall proceed to petition the village board for a map amendment.

(Code 1980, § 17.1008)

The zoning board of appeals shall decide in writing 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, zoning administrator, plan commission, and county park and planning commission.

(1)

Conditions may be placed upon any zoning 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.

(Code 1980, § 17.1009)

The zoning board of appeals shall transmit a copy of each application for a variance to floodland or shoreland regulations to the state department of natural resources (DNR) and to the county for review and comment. Final action on the application shall not be taken for 30 days or until the DNR and the county have made their recommendation, whichever comes first. A copy of all decisions relating to variances to floodland and shoreland regulations shall be transmitted to the DNR and the county within ten days of the effective date of such decision.

(Code 1980, § 17.1010)

Any person or persons 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 zoning board of appeals.

(Code 1980, § 17.1011)