West Bend Town City Zoning Code
ARTICLE XII
Zoning Board of Appeals
§ 325-104 Establishment.
There is hereby established a Zoning Board of Appeals for the Town of West Bend for the purpose of hearing appeals and applications, and for granting variances and exceptions to the provisions of this chapter.
§ 325-105 Membership.
The Zoning Board of Appeals shall consist of five members appointed by the Town Chairperson and confirmed by the Town Board.
A.
Terms. Terms shall be for staggered three-year periods.
B.
Chairperson. Chairperson shall be designated by the Town Chairperson.
C.
Alternates. Two alternate members shall be appointed by the Town Board Chairperson for a term of three years and shall act only when a regular member is absent or refuses to vote because of a conflict of interest.
D.
Secretary. The Secretary shall be the Town Clerk.
E.
Staff. The Zoning Administrator, Building Inspector, and any other staff or Town officers shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
F.
Oaths of office. Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within five 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.
§ 325-106 Organization.
The Zoning Board of Appeals shall organize and utilize rules of procedures for its own government as hereby set forth.
A.
Meetings.
(1)
Meetings shall be held at the call of the Chairperson, who shall establish the meeting order of business.
(3)
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, the reasons for the Board's determination, and its finding of facts. These records shall be immediately filed in the office of the Board and shall be a public record.
(4)
If a quorum is present, the concurring vote of a majority of the members present shall be necessary to correct an error, grant a variance, make an interpretation, and permit a substituted use.
§ 325-107 Powers.
The Zoning Board of Appeals shall have the following powers:
A.
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, Building Inspector, Town Clerk, or other officers of the Town. The Board of Appeals may not hear or decide upon appeals of any Town denial of a conditional use permit.
B.
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. The spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.
§ 325-108 Appeals and applications.
Appeals concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the Town. Such appeals shall be filed with the Zoning Administrator within 30 days after the date of written notice of the decision or order of the Zoning Administrator, unless otherwise stated in this chapter. 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 Zoning Administrator. Such appeals and applications shall include the following:
§ 325-109 Hearings.
The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in Article XIV, and shall give due notice consistent with § 325-119 and to the Zoning Administrator, Building Inspector, and the Town Board. At the hearing the appellant may appear in person, by agent, or by attorney.
§ 325-110 Variances.
No variance to the provisions of this chapter shall be granted by the Board unless it finds by the preponderance of evidence presented that all 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 development 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 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 of uses in the same district and the granting of the variance would 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 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 and will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
§ 325-111 Decision.
The Zoning Board of Appeals shall decide 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, Building Inspector, Plan Commission, and Town Board.
§ 325-112 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.