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Weirgor City Zoning Code

Sec. 11.0

Board of Appeals.

11.1

Composition. A Board of Appeals is hereby created. Such Board shall be appointed in accordance with the provisions of Section 59.694 of the Wisconsin Statutes.

11.2

Rules.

11.21

Call for meetings. The Board of Appeals shall meet at the call of the Chairman at a fixed time and place, and at such other times as the Board of Appeals may determine.

11.22

Open meetings. All meetings of the Board of Appeals shall be open to the public.

11.23

Public hearing location. Any public hearing which the Board of Appeals is required to hold under Section 11.26, Powers and Duties of the Board of Appeals, shall be held in a place as convenient as may be to the location or locations to be considered at such public hearings by name, address, or other commonly known means of identification, shall be included in the notice given of such hearing.

11.24

Notification of public hearing. Notice of any public hearing which the Board of Appeals is required to hold under the terms of this ordinance shall specify the date, time, and place of the hearing, and matter to come before the Board of Appeals at such hearing, and such notice shall be given as required in Section 13.2 of this ordinance.

11.25

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 public record.

11.26

Powers and duties.

1)

The Board of Appeals shall adopt such additional rules as it deems necessary to carry into the effect the regulations of the County Board.

2)

It shall hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement or administration of this ordinance.

3)

It may grant a Variance from the dimensional requirements of this ordinance pursuant to Section 11.3.

11.3

Variances.

11.31

The Board of Appeals may grant upon application a Variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates that literal enforcement of the provisions of the ordinance will:

1)

Result in Unnecessary Hardship on the applicant;

2)

Due to special conditions unique to the property; and

3)

Such Variance is not contrary to the public interest.

11.32

A Variance shall not grant or increase any Use of property which is prohibited in the zone district.

11.33

Before passing on an application for a Variance, the Board of Appeals shall hold a public hearing pursuant to Section 13.2 of this ordinance.

11.4

Appeals.

11.41

Appeals to the Board of Appeals may be made by any person aggrieved or by an officer, department, board or bureau of the County affected by any decision of the Zoning Administrator or other administrative officers. Such appeal shall be made within a reasonable time, as provided by the rules of the Board, by filing with the officer whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other officer whose decision is in question shall transmit within 60 days to the Board all the papers constituting the record concerning the matter appealed.

11.42

Hearing appeals.

1)

The Board of Appeals shall fix a reasonable time for a hearing on the appeal. The Board shall give public notice thereof by publishing a Class 2 notice under Chapter 985, Wisconsin Statutes, specifying the date, time, and place of the hearing and the matters to come before the Board. Notice shall be mailed to the parties in interest.

2)

A decision regarding the appeal shall be made as soon as practical.

3)

The final disposition of an appeal to the Board of Appeals shall be in the form of a written decision or order signed by the Chairman, Secretary or designee of the Board or by the Board's legal counsel. Such resolution shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, vary, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution or grant the appeal.