Wales Village City Zoning Code
ARTICLE X
Zoning Board of Appeals
§ 435-83 Establishment.
There is hereby established a Zoning Board of Appeals (referred to as "Board" in this article) for the Village of Wales for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter.
§ 435-84 Membership; terms of office.
The Board shall consist of five members appointed by the Village President and confirmed by the Village Board of Trustees.
A.
Terms shall be for staggered three-year periods.
B.
The Chairperson shall be designated by the Village President.
C.
Two alternate members shall be appointed by the Village President and confirmed by the Village Board of Trustees for staggered terms of three years. Annually, the Village President shall designate one of the alternate members as a first alternate member and the other as the second alternate member to act, with full power, only when a regular member is absent or refuses to vote because of interest. The second alternate member may act only when the first alternate member so refuses to vote or is already sitting.
D.
All members of the Board shall reside within the Village.
E.
The Secretary shall be the Village Clerk or a designee from the office of the Village Clerk.
F.
The Building Inspector, or a designee from the office of the Building Inspector, shall attend meetings for the purpose of providing technical assistance when requested by the Board.
§ 435-85 Rules; meetings.
The Village Board of Trustees shall adopt rules for the conduct of business of the Zoning Board of Appeals in accordance with the provisions of this chapter. The Zoning Board of Appeals may adopt further rules as necessary.
A.
Meetings shall be held at the call of the Chairperson and shall be open to the public; however, the Board may convene in closed session in accordance with § 19.85, Wis. Stats.
B.
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 or, if absent or failing to vote, indicating such fact, the reasons for the Board's determination, and its findings of facts. The records of these actions shall be immediately effective and filed in the office of the Village Clerk and shall be a public record.
C.
Quorum requirements. If a quorum is present, the Board may take action by a majority vote of the members present to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the provisions of this chapter. The grounds of every such determination shall be stated.
§ 435-86 Powers and duties.
A.
The Board shall have those powers authorized and granted to a zoning board of appeals pursuant to § 62.23(7)(e)7, Wis. Stats., including but not limited to 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 where, based on special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such a variance shall not be contrary to the public interest and shall be so conditioned 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)
Public utilities. To hear and grant the erection or use of a building or premises for public utility purposes which is reasonably necessary for the public convenience and welfare and is subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.
(4)
Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided that 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.
B.
Permits. The Board may reverse, affirm wholly or partly, or modify the order, requirement, decision, or determination appealed from and may direct the issuance of a permit.
C.
Assistance. The Board may request assistance from other Village officers, departments, commissions, and boards.
D.
Oaths. The Chairperson or, in the Chairperson's absence, the Acting Chairperson may administer oaths and request the attendance of witnesses.
§ 435-87 Appeals and applications.
Appeals to the Board may be taken by any person aggrieved or by any officer, department, or board of the Village affected by any decision of the Building Inspector or any administrative official concerning the literal enforcement of this chapter. 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 Building Inspector or any administrative official. Applications may be made by the owner of the structure, land, or water to be affected at any time and shall be filed with the Village Clerk.
A.
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 other map/site plan drawn to scale and approved by the Building Inspector, showing all of the information required under § 435-107 for a building permit.
(3)
Additional information required by the Village Plan Commission, Village Engineer, Zoning Board of Appeals, or Building Inspector.
B.
The Building Inspector or any administrative official from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which his/her decision was made.
§ 435-88 Stay of legal proceedings.
An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with the official, that by reason of facts stated in the certificate a stay would, in the official's opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the official from whom the appeal is taken, and on due cause shown.
§ 435-89 Public hearing.
The Board shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in Article XII of this chapter, and shall give due notice to the parties in interest, the Building Inspector, and the Village Plan Commission. At the hearing, the appellant or applicant may appear in person, by agent, or by attorney. In any action involving a listed property, as defined in § 44.31(4), Wis. Stats., the Board shall consider any suggested alternatives or recommended decision submitted by a landmarks commission or the Plan Commission.
§ 435-90 Notice to Department of Natural Resources.
The Board shall transmit a copy of each application for a variance to conservancy regulations in a shoreland and a copy of all shoreland appeals to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to conservancy regulations in a shoreland and a copy of all decisions relating to shoreland appeals shall be transmitted to the DNR within 10 days of the date of such a decision.
§ 435-91 Shoreland and wetland boundary disputes.
A.
Shoreland disputes. Whenever the Board is asked to interpret the location of a shoreland boundary, the Building Inspector shall contact the appropriate regional office of the Wisconsin Department of Natural Resources (DNR) for a determination of navigability or ordinary high-water mark (OHWM) location.
B.
Wetland disputes. Whenever the Board is asked to interpret a C-1 Conservancy District boundary where an apparent discrepancy exists between the Village's final wetland inventory map and actual field conditions, the Village shall contact the DNR, or other appropriate authority, to determine if the wetland inventory map is in error. If the DNR staff, or the staff of another appropriate authority, concur that the particular area was incorrectly mapped as a wetland, the Board shall direct the Village Plan Commission to initiate appropriate action to rezone the property within a reasonable amount of time.
§ 435-92 Findings required for variances.
No variance to the provisions of this chapter shall be granted by the Board unless it finds that some or all of the following facts and conditions exist and so indicates such in the minutes of its proceedings:
A.
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 property 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.
B.
Exceptional circumstances. There shall 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 shall not be of so 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 on the basis of economic or financial 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 shall 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.
§ 435-93 Decision; permit conditions; term of variance.
The Board 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 the Building Inspector. Unless the Board specifically states that it will postpone its deliberation or decision on any particular appeal to a date after the date on which the public hearing was held, the Board's decision shall be deemed filed in the Board's office as of the actual date the Board makes its decision, and any written document memorializing the Board's decision thereafter sent to the appellant or applicant shall be deemed to relate back to the actual date of the Board's decision.
§ 435-94 Review by court of record.
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.
§ 435-95 Costs.
Costs shall not be allowed against the Board unless it shall appear to the court that the Board acted negligently or in bad faith, or with malice, in making the decision appealed from.