There is hereby established a Zoning Board of Appeals for the Village of West Milwaukee for the purpose of hearing appeals and applications, and for granting variances and exceptions to the provisions of this zoning ordinance.

The Zoning Board of Appeals shall consist of five (5) members appointed by the Village President and confirmed by the Village Board.

(1)

Terms shall be for staggered three-year periods.

(2)

Chairman shall be designated by the Village President.

(3)

Alternate members. The Village President shall appoint a first alternate member and a second alternate member to act 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 is unable to act or is already sitting.

(4)

Secretary and the office of the board of appeals shall be the code enforcement secretary and the code enforcement office.

(5)

Village Administrator or his/her designee shall attend all meetings for the purpose of providing technical assistance when requested by the board.

(6)

Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten (10) days of receiving notice of their appointment.

(7)

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

(Ord. No. 1-O-11, 2-7-2011)

The Zoning Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

(1)

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

(2)

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.

(3)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official; grant a variance; or make an interpretation.

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 any administrative official. The term "administrative official" as used herein does not include the Village Board or the Village Plan Commission.

(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)

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 Village Plan Commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(4)

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

(5)

Assistance: The board may request assistance from other Village officers, departments, commissions, and boards.

(6)

Oaths: The chairman may administer oaths and compel the attendance of witnesses.

(7)

Executive session: The board of appeals, together with its recording secretary and the Village Attorney, may meet in closed session under the terms and conditions set forth in Wis. Stats. § 19.85.

Appeals of the decision of the Village Administrator or his/her designee 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 secretary within 30 days after the date of written notice of the decision or order of the Village Administrator or his/her designee or any administrative official 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 showing all of the information required under Section 98-253 for a building permit.

(3)

Additional information required by the Village Plan Commission, Village Engineer, Zoning Board of Appeals, or Village Administrator or his/her designee.

The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in Article XIII of this chapter, and shall give due notice to the parties in interest, the Village Administrator or his/her designee, and the Village Plan Commission. At the hearing the appellant may appear in person, by agent, or by attorney.

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 use, accessory use, or 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 of uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to suggest that the zoning ordinance 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.

The Zoning Board of Appeals 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, Village Administrator or his/her designee, and Village Plan Commission.

(1)

Conditions may be placed upon any building permit ordered or authorized by this board.

(2)

Variances, substitutions, or use permits granted by the board shall expire within six (6) months unless substantial work has commenced pursuant to such grant.

Any person or persons aggrieved by any decision of the Zoning Board of Appeals may present to a 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.

Editor's note— Ord. No. 1-O-06, § 1, adopted April 3, 2006, repealed § 98-290, which pertained to appeals of Village Board and Plan Commission decisions and derived from zoning ordinance adopted 6-12-1989.