Rothschild City Zoning Code
ARTICLE XVI
Zoning Board of Appeals
§ 590-151 Purpose.
There is established a Village of Rothschild Zoning Board of Appeals (Board of Appeals) for the purposes of hearing appeals and applications and for granting variances and exceptions to the provisions of this chapter in accordance with § 62.23(7)(e)7, Wis. Stats.
§ 590-152 Appellant.
Appeals of the decision of the Village staff or 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 Village Clerk within 30 days after the date of written notice of the decision or order of the Village staff or administrative official. Applications may be made by the owner of the structure, land, or water to be affected and shall be filed with the Village Clerk, along with the applicable fees, as per the fee schedule.
§ 590-153 Membership.
A.
Terms. The Board of Appeals shall consist of five members appointed by the President, subject to confirmation by the Village Board, for three years, except that of those first appointed one shall serve for one year, two for two years, and two for three years. The President shall designate a member the Chair.
B.
Alternate member. Alternate members, as needed, shall be appointed by the President, and confirmed by the Village Board for a term of three years, who shall act with full power, only when a member of the Board of Appeals is absent or refuses to vote because of a conflict of interest.
C.
Vacancies. Vacancies of any member shall be filled by the President and confirmed by the Village Board for the unexpired terms of appointment.
D.
Removal. Members shall be removed by the President, and confirmed by the Village Board for cause upon written charges and after public hearing.
§ 590-154 Powers.
A.
The 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 act upon appeals for variances as will not be contrary to the public interest when, owing to unique physical conditions applying to the lot, a literal enforcement of the dimensional standards 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.
B.
Permits. The Board of Appeals may reverse, affirm wholly, or partly modify the requirements appealed from and may issue or direct the issuance of a permit.
C.
Assistance. The Board of Appeals may request assistance from other Village officials, departments, commissions, and boards.
D.
Oaths. The Village Clerk may administer oaths and compel the attendance of witnesses.
E.
Modification of this chapter or state law. The Board of Appeals is not authorized to modify this chapter or state law to relieve the applicant from the terms of this chapter.
§ 590-155 Rules and procedures.
A.
Board rules. The Board of Appeals shall adopt rules for its government and procedure. Meetings of the Board of Appeals shall be held at the call of the Chair and at such other times as the Board of Appeals may determine. The Village Clerk or, in the Village Clerk's absence, the Acting Village Clerk may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
B.
Quorum. Three or more members of the Board of Appeals shall constitute a quorum. Matters shall be decided by a majority vote of those present and voting.
[Amended 7-27-2020]
C.
Resubmission. No appeal or petition which has been dismissed or denied shall be considered again within six months of the Board of Appeals' decision except by a motion to reconsider made by a member voting with the majority or as provided below.
D.
Rehearing. No rehearing shall be held except by the affirmative vote of the Board of Appeals upon finding that substantial new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing and shall recite the reasons for the request and be accompanied by necessary data and diagrams. Rehearings shall be subject to the same requirements of notice and fees as original hearings.
[Amended 7-27-2020]
§ 590-156 Application for appeal.
Applications for appeal shall be delivered to the Village Clerk on the designated application form, with all the required information. The Village Clerk shall transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
§ 590-157 Public notice.
The Board of Appeals shall publish notice of the hearing, specifying the date, time, place and subject matter, as a Class 1 notice under Ch. 985, Wis. Stats., together with notice in writing by first-class mail to all parties in interest and to the last known address of all persons adjoining the premises affected by such hearing. Refer to Article XV.
§ 590-158 Public hearing.
The Board of Appeals shall fix a reasonable time and place for the hearing. At the hearing, the appellant may appear in person, by agent, or by attorney. (Refer to Article XV.)
§ 590-159 Records.
A.
Minutes. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Village Clerk and shall be a public record. The grounds of every determination shall be stated and recorded.
B.
Written decision. The Board of Appeals shall in writing notify the appellant of the findings and decision of the Board of Appeals within 60 days of first consideration, unless the time is extended by written agreement with the appellant.
§ 590-160 Conditions for issuance of variance.
No variance to the provisions of this chapter shall be granted by the Board of Appeals unless it finds that all the following facts and conditions exist and so indicates such in the minutes of its proceedings:
A.
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.
B.
Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the property that do not apply generally to other properties in the same district, and the granting of the variance should not be of such general or recurrent nature as to suggest that this chapter should be changed.
C.
Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely based on economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
D.
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.
E.
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.
§ 590-161 Decision; duration of variance.
A.
Time for decision. The Board of Appeals shall decide all appeals and applications within 60 days after the public hearing and shall transmit a signed copy of the Board of Appeals' decision to the appellant, Village Board, and Planning and Zoning Commission.
B.
Conditions. Conditions may be placed upon any building or zoning permit ordered or authorized by this Board.
C.
Time limit. Construction for which a variance is granted by the Board of Appeals shall be completed within one year or the variance shall become null and void, unless an extension is granted.
§ 590-162 Review by court of record.
Any person or persons aggrieved by any decision of the 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 of the Board of Appeals.