This chapter contemplates an administrative and enforcement officer entitled the "zoning administrator" to administer and enforce this chapter. Certain considerations, particularly with regard to granting of permitted conditional uses, PUD conditional uses, changes in zoning districts and zoning maps, and amending the text of this chapter, require review and recommendation by the plan commission and ultimate action by the village board. A zoning board of appeals is provided to ensure proper administration of this chapter and to avoid arbitrariness.

(Code 1998, § 106-46; Ord. No. 97-11, § 13-1-170, 11-3-1997)

The village board shall designate a village official to serve as the zoning administrator and as the administrative enforcement officer for this chapter. The duty of the zoning administrator shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The zoning administrator shall further:

(1)

Maintain records of all permits issued, inspections made, work approved, and other official actions;

(2)

Establish that all necessary permits that are required for floodplain uses by state and federal law have been secured;

(3)

Inspect all structures, lands, and waters as often as necessary to ensure compliance with this chapter;

(4)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters; give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises; and report uncorrected violations to the village attorney in a manner specified by the village attorney;

(5)

Prohibit the use or erection of any structure, land, or water until the zoning administrator has approved such use or erection;

(6)

Request assistance and cooperation from the police department, village engineer, and village attorney as deemed necessary.

(Code 1998, § 106-47; Ord. No. 97-11, § 13-1-171, 11-3-1997)

(a)

Plan commission. Under this chapter, the plan commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the village to the village board, other public officials, and other interested organizations and citizens. In general, the plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this chapter, its functions are primarily advisory to the village board pursuant to guidelines set forth in this chapter as to various matters and, always, being mindful of the intent and purposes of this chapter. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing. The plan commission shall hold all public hearings for conditional use permit requests.

(b)

Village board. The village board, the governing body of the village, subject to recommendations by the plan commission and the holding of public hearings by the village board, has authority to make changes and amendments in zoning districts, the zoning map, and supplementary floodplain zoning map and to amend the text of this chapter. The village board may delegate to the plan commission the responsibility to hold some or all public hearings as required under this chapter.

(c)

Zoning board of appeals. A zoning board of appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter. See division 3 of this article for additional provisions.

(Code 1998, § 106-48; Ord. No. 97-11, § 13-1-172, 11-3-1997)

(a)

Required. No new structure; new use of land, water, or air; or change in the use of land, water, or air shall be permitted, and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit. Such permit may be consolidated with a building permit request and issuance.

(b)

Application. Applications for a zoning permit shall be made to the zoning administrator and shall include the following where pertinent and necessary for proper review:

(1)

Names and addresses of the applicant, the owner of the site, the architect, the professional engineer, and the contractor;

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; the address of the subject site; the type of structure; the existing and proposed operation or use of the structure or site; the number of employees; and the zoning district within which the subject site lies;

(3)

Plat of survey prepared by a land surveyor registered in the state or other map drawn to scale and showing such of the following as may be required by the zoning administrator: the location, boundaries, dimensions, uses, and size of the subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; public utilities; off-street parking, loading areas, and driveways; existing highway access restrictions; high water, channel floodways, and floodplain boundaries; and existing and proposed street, side, and rear yards;

(4)

Additional information as may be required by the zoning administrator or the plan commission or village board.

(c)

Issuance or denial; term; revocation.

(1)

A zoning permit shall be granted or denied in writing by the zoning administrator within 30 days of application, and the applicant shall post such permit in a conspicuous place at the site.

(2)

The zoning permit shall expire within six months unless substantial work has commenced or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed. If a zoning permit is expired, the applicant shall reapply for a zoning permit before commencing work on the structure.

(3)

Any permit issued in conflict with this chapter shall be null and void.

(Code 1998, § 106-49; Ord. No. 97-11, § 13-1-173, 11-3-1997)

(a)

Required. No vacant land developed; no building erected, relocated, moved, reconstructed, or structurally altered; and no floodlands filled, excavated or developed shall be occupied or used until a certificate of compliance has been issued by the zoning administrator. Such certificate shall show that the structure, premises, or use is in conformity with this chapter.

(b)

Application. Application shall be made in the same manner as for a zoning permit pursuant to section 133-45 and may be made coincidental with application for a zoning or building permit. Application for a certificate of compliance in a floodplain district shall include certification by a registered professional engineer or land surveyor that the structure fully complies with the floodplain regulations set forth in this chapter.

(c)

Existing uses. Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing on November 3, 1997, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to this chapter.

(d)

Nonconforming uses.

(1)

No nonconforming use shall be maintained, renewed or changed until a certificate of compliance has been issued by the zoning administrator.

(2)

Certificates of compliance for the continued occupancy of nonconforming uses existing on November 3, 1997, shall be issued by the zoning administrator, and the certificate shall state that the use is nonconforming and does not conform with this chapter. The zoning administrator shall notify the owner of the property being used as a nonconforming use.

(Code 1998, § 106-50; Ord. No. 97-11, § 13-1-174, 11-3-1997)

(a)

Required. All applications for zoning permits for any construction, reconstruction, expansion, or conversion, except for single-family residences, shall require site plan approval by the plan commission in accordance with the requirements of this chapter. Site plans shall include the following:

(1)

One editable pdf file of the site plan and attached narrative at a scale of no less than one inch equals 40 feet.

(2)

One editable pdf file of the front facade showing proposed colors at a scale of no less than one inch equals 40 feet.

(3)

Owner's and developer's names and addresses noted;

(4)

Where applicable, architect's and engineer's names and addresses noted;

(5)

Date of plan submittal;

(6)

Scale of drawing, site size (area in square feet or acres), and building area and coverage noted on plan;

(7)

Existing and proposed topography shown at a contour interval of not less than two feet at National Geodetic Vertical Datum, indicating proposed grade on a preliminary grading plan and location of improvements;

(8)

All building and yard setback lines indicated;

(9)

Where applicable, both the 100-year recurrence interval floodplain and the floodway indicated;

(10)

Where applicable, wetlands as delineated in the WDNR Wetland Inventory and a 75-foot setback line from such wetlands;

(11)

All drives, curb cuts, and both ingress and egress locations indicated;

(12)

The location and type of all outdoor lighting proposed to illuminate the site;

(13)

Total number of parking spaces noted;

(14)

The type, construction materials, size, and location of all structures with all building dimensions shown;

(15)

Indicate height of buildings;

(16)

Existing and proposed street names indicated;

(17)

Indicate existing and proposed public street rights-of-way and reservations and widths;

(18)

Indicate and locate all easements on the subject property;

(19)

North arrow shown;

(20)

Locate existing and general location of proposed sanitary sewers, storm sewers, water mains and fire hydrants (existing and proposed), and proposed electrical service easements. In addition, all locations for the proposed connections to such utilities should be indicated on the site plan;

(21)

Location of any proposed stormwater management facilities, including detention/retention areas;

(22)

Location of existing trees over six inches in diameter;

(23)

Note location, extent, and type of proposed landscaping and landscape plantings as well as any proposed buffer areas for adjoining properties;

(24)

Location of pedestrian sidewalks and walkways;

(25)

A graphic outline of any development staging that is planned;

(26)

If the development abuts an existing or planned arterial street or highway, as identified on the village master plan or component thereof, all driveway locations of all adjoining property within 200 feet of the subject property shall be indicated on the site plan;

(27)

Written project summary including operational information, building schedule, and estimate of project value including all site improvement costs;

(28)

Architectural front elevation drawings and a description of building materials;

(29)

Sign plan showing the location, design, and dimensions of all outside signage. Applicants for multi- tenant commercial buildings must provide the key elements of unified signage system for entire building showing the general locations, design and dimensions of future tenant signage;

(30)

Other data that may be required by either the village staff or village plan commission to review the site plan.

(b)

Application. The applicant for a zoning permit shall submit one editable pdf file of the site plan to the zoning administrator.

(c)

Modification and Acceptance of Site Plan. If necessary, as determined by Village staff, revised site plans shall be prepared and submitted for review by Village staff, until a version is deemed acceptable prior to action by plan commission.

(d)

Reimbursement of consulting and legal fees. The applicant shall reimburse the village for its actual cost of consulting fees associated with the review of the proposed project, including, but not limited to, review by the consulting engineer, planning consultant and legal counsel.

(e)

Requirements. In acting on any site plan, the plan commission shall consider the following:

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas;

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby;

(3)

The adequacy of the proposed water supply, drainage facilities, and sanitary and waste disposal;

(4)

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear, and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants, or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties or impair the intent or purposes of this section;

(5)

All buildings and structures, except piers and hoists, shall be set back at least 75 feet from the ordinary high water mark of any navigable body of water. Other setbacks may be permitted by the board of appeals in accordance with section 133-98;

(6)

In acting on any site plan for conversion of a single-family residence to a residential structure for two or more families, the plan commission shall consider the following:

a.

Provision adequate on-site parking, pursuant to section 133-998;

b.

Handling of trash and recycling materials;

c.

Impact on the character of any adjoining single-family residence;

d.

Impact on the overall neighborhood;

(7)

Recommendations from an architectural review committee, whose purpose includes promoting orderly and harmonious development in the village and promoting visual environments of high aesthetic quality and variety and which, at the same time, are considerate of each other.

(f)

Effect on municipal service. Before granting any site approval, the plan commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the village engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. If additional facilities are needed, the plan commission shall forward its recommendations to the village board and shall not issue final approval until the village board has entered into an agreement with the applicant regarding the development of such facilities.

(g)

Application fee. All applications for site plan review shall be accompanied by payment of a site plan review fee as specified in section 133-49.

(h)

"Sunset" provision. If a building permit has not been approved for the structure within two years of the date of plan commission approval of the site plan, the site plan approval shall be considered null and void.

(i)

Exceptions. The zoning administrator may exempt the applicant from providing a colored rendering or other items required in this section for two-family residences and other projects that the zoning administrator deems as minor construction.

(Code 1998, § 106-51; Ord. No. 97-11, § 13-1-175, 11-3-1997; Ord. No. 99-10, § 2, 6-21-1999; Ord. No. 01-04, §§ 1, 3, 4-2-2001; Ord. No. 03-04, §§ 1—3, 4-7-2003; Ord. No. 05-07, § 2, 6-20-2005; Ord. No. 08-04, § 1, 2-18-2008; Ord. No. 09-06, § 11, 7-20-2009; Ord. No. 12-3, §§ 1—5, 5-7-2012; Ord. No. 24-9, 8-5-2024)

(a)

Violations. It shall be unlawful to use or improve any structure or land or to use water or air in violation of any of the sections of this chapter. For any violation, the village board, the zoning administrator, the plan commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceedings to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(b)

Remedial action. Whenever an order of the zoning administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the village board, the zoning administrator, or the village attorney may institute appropriate legal action or proceedings.

(c)

Penalties. Any person who fails to comply with this chapter or any order of the zoning administrator issued in accordance with this chapter or who resists enforcement shall, upon conviction, be subject to a forfeiture and such additional penalties as provided for in section 1-32. Each violation and each day a violation continues or occurs shall constitute a separate offense. The village shall have any and all other remedies afforded by the state statutes in addition to the forfeitures and costs of prosecution provided for in section 1-32.

(Code 1998, § 106-52; Ord. No. 97-11, § 13-1-176, 11-3-1997)

(a)

Generally. Required fees shall be determined from time to time by the village board.

(b)

Fees waived for the village. There shall be no fee in the case of proceedings initiated in the public interest by the village board or the plan commission, other agency, or official of the village.

(c)

Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the village (per the requirements of this title) and are not refundable.

(Code 1998, § 106-53; Ord. No. 97-11, § 13-1-177, 11-3-1997; Ord. No. 06-11, § 1, 11-20-2006; Ord. No. 07-02, § 14, 4-2-2007)

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the village board may, by ordinance, change the district boundaries established by this chapter and the zoning map incorporated in this chapter and the supplementary floodplain zoning map incorporated in this chapter or may amend, change, or supplement the text of the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

(Code 1998, § 106-81; Ord. No. 97-11, § 13-1-180, 11-3-1997)

The village board, the plan commission, the zoning board of appeals, and other government bodies and any private petitioners may apply for an amendment to the text of this chapter to the district boundaries hereby established or by amendments to this chapter in the accompanying zoning map made a part of this chapter and the supplementary floodplain zoning map to be made a part of this chapter by reference.

(Code 1998, § 106-82; Ord. No. 97-11, § 13-1-181, 11-3-1997)

(a)

Request for changes. Petitions for any change to the zoning district boundaries and maps or amendments to the text shall be addressed to the village board and shall be filed with the zoning administrator. Applicants requesting a change in zoning district boundaries shall submit one editable pdf file of all required maps, plot plans and other information required by the plan commission. Maps and plot plans may be submitted in 17 inch by 11 inch format provided that all dimensions and required information is clearly readable. The petition shall describe the premises to be rezoned or the portions of the text to be amended, shall list the reasons justifying the petition, shall specify the proposed use, if applicable, shall specify the proposed use, if applicable, and shall have attached the following, if the petition is for change of district boundaries:

(1)

Plot plan, drawn to a scale of one inch equals 100 feet, showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.

(3)

Additional information as may be required by the plan commission or village board.

(b)

Recommendations. The village board or the zoning administrator shall cause the petition to be forwarded to the plan commission for its consideration and recommendation. The plan commission shall review all proposed amendments to the text and zoning maps within the corporate limits and shall recommend in writing that the petition be granted as requested, modified, or denied. A recording of the recommendation in the plan commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the commission may on occasion, of its own volition, conduct its own public hearing on proposed amendments.

(c)

Hearings.

(1)

The village board, following receipt of recommendation of the plan commission, shall hold a public hearing upon each proposed change or amendment, giving notice of the time, place, and the change or amendment proposed by publication of a class 2 notice under Wis. Stats. ch. 985. At least ten days' prior written notice shall also be given to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment. Failure to comply with this subsection shall not, however, invalidate any previous or subsequent action on the application.

(2)

The village board shall hold public hearings as required under this section.

(d)

Board's action. Following such hearing and after consideration of the plan commission's recommendations, the village board shall vote on the proposed ordinance effecting the proposed change or amendment.

(e)

Fee. Applications for a zoning district change or an amendment shall be accompanied by payment of a zoning amendment application fee as specified in section 133-49.

(Code 1998, § 106-83; Ord. No. 97-11, § 13-1-182, 11-3-1997; Ord. No. 99-10, § 3, 6-21-1999; Ord. No. 12-3, § 6, 5-7-2012; Ord. No. 24-9, 8-5-2024)

In case of a protest against an amendment proposed to this chapter, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed amendment, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the council voting on the proposed change.

(Code 1998, § 106-84; Ord. No. 97-11, § 13-1-183, 11-3-1997)

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(d)2m.

(a)

Scope of appeals. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the village affected by any decision of the administrative officer made pursuant to this chapter. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of appeals by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof, together with payment of a board of appeals filing fee as specified in section 133-49. The officer from whom the appeal is taken shall forthwith transmit to the board of appeals all papers constituting the record of appeals upon which the action appeals from was taken.

(b)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals that, because of facts stated in the certificate, a stay would, in the officer's opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Meetings.

(1)

Open to public. All meetings and hearings of the board of appeals shall be open to the public, except that the board may go into executive session to deliberate after a hearing or an appeal. The final vote on an appeal shall be taken in open session by roll call vote, recorded and open for public inspection in the board's office. Public notice of all regular and special meetings shall be given to the public and news media as required by the state open meeting law.

(2)

Special meetings. Special meetings may be called by the chairperson and at such other times as the board of appeals may determine. Notice of a special meeting shall be mailed to each member at least 48 hours prior to the time set for the meeting, or announcement of the meeting shall be made at any meeting at which all members are present.

(3)

Hearings. Hearings may be held at any regular or special meeting at the time set by the chairperson.

(d)

Powers of board. In addition to the powers enumerated elsewhere in this Code, the board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator, building inspector, or other administrative official in the enforcement of this chapter or any ordinance adopted under Wis. Stats. § 62.23 or Wis. Stats. ch. 91 (farmland preservation).

(2)

Variances. To hear and rule on appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured.

(3)

Use of nonconforming lots. To hear and decide applications for use of legal nonconforming lots.

(4)

Interpretations. To hear and decide application for interpretations of this chapter and the boundaries of the zoning districts after the plan commission has made a review and recommendation.

(5)

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

(6)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the plan commission has made a review and recommendation.

(7)

Temporary uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses and the plan commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the board of zoning appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other sections of this chapter shall be required.

(e)

Board action. In exercising the powers under subsection (d) of this section, the board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit.

(f)

Voting.

(1)

Personal interest. No board of appeals member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the chairperson shall direct an alternate member to act instead. Disqualification of a member for interest shall not decrease the number of votes required for acting upon any matter, but such member may be counted in determining whether a quorum is present for the transaction of business.

(2)

Record of vote. The secretary shall record the vote of each member on every question in the minutes or, if the member is absent or fails to vote, shall indicate such fact in the record of the proceedings.

(Code 1998, § 106-111; Ord. No. 97-11, § 13-1-190, 11-3-1997)

(a)

Time of appeal. The date of receipt of a decision shall not be counted in delineating the time for filing of the appeal to the board of appeals. Sundays and holidays shall be counted, except if the last day falls on a Saturday, Sunday, or legal holiday, the time for filing shall be extended to the next secular day.

(b)

Persons who may appeal. Appeals or applications to the board of appeals may be made by:

(1)

The owner, mortgagee, purchaser under a land contract, optionee or occupant under a written lease for one year or more of the property for which relief is sought;

(2)

Any officer (other than the zoning administrator), department, board, or bureau affected by a decision or order of the zoning administrator;

(3)

Any person aggrieved and whose use and enjoyment of property within the village is directly and adversely affected by a decision or order of the building inspector, zoning administrator, or the requested board action.

(c)

Appeal and application forms. Every appeal or application shall be made upon forms furnished by the village administrator that have been approved by the board of appeals. A scale drawing shall accompany each form showing the location and size of the property, existing improvements, all abutting properties and improvements thereon, and change or addition requested. The applicant or appellant shall provide all information requested on the form and any additional information requested in writing by the chairperson or secretary of the board of appeals that is necessary to inform the board of the facts of the appeal. Failure to supply such information shall be grounds for dismissal of the appeal or application.

(d)

Filing appeal or application. The appellant or applicant shall file the required appeal form in duplicate with the village administrator. The village administrator shall deliver one copy to the zoning administrator or other officer or body from whose decision an appeal is taken. Upon receipt of an appeal, the zoning administrator or other officer or body responsible for the original determination shall transmit to the secretary of the board of appeals all notes or papers relating to the order or decision from which the appeal is being taken.

(e)

Election to have appeal or application handled as contested case. The applicant or appellant may elect to have the appeal or application handled as a contested case. The appeal or application form shall explain that a contested case includes the right of all parties to cross examine witnesses, to object to improper evidence, and to have a record of the proceedings made by a court reporter or qualified stenographer or by tape recording. Election to have the matter treated as a contested case must be made in writing at the time of filing of the appeal or application.

(f)

Fee. All appeals and applications filed with the village administrator shall be accompanied by payment of the board of appeals filing fee as specified in section 133-49. If the appellant or applicant elects the contested-case method, the appellant or applicant shall also pay the amount determined by the board of appeals to cover the additional administrative costs involved.

(Code 1998, § 106-112; Ord. No. 97-11, § 13-1-191, 11-3-1997)

(a)

Notice of hearing. Under this chapter notice of the time, date and place of the hearing of an appeal or application shall be given in the following manner:

(1)

By mail or personal service to the appellant or applicant and to the zoning administrator or other administrative official or body from whose decision an appeal is taken and to the secretary of the plan commission not less than ten days prior to the date of the hearing;

(2)

In every case involving a variance, conditional use, exception, PUD, or public utility exception, the village administrator shall mail notice to the owners of record of all land within the area included in the application and within 100 feet of any part of the building or premises affected not less than ten days prior to the hearing. Names and last known addresses of such owners shall be furnished by the applicant at the time of filing the appeal or application;

(3)

By publication of a class 2 notice under Wis. Stats. ch. 985;

(4)

Notice of an application for construction of a building in the bed of a future street, highway, or parkway shall be published in the official newspaper not less than 15 days prior to the hearing;

(b)

Time of hearing docketing. Each appeal or application properly filed shall be numbered serially, docketed in a special book provided therefor, and placed upon the calendar by the secretary of the board of appeals. Cases docketed more than 15 days preceding a regular meeting shall be set for hearing at such meeting. Cases docketed seven days or less prior to a regular meeting shall be scheduled by the secretary or the secretary's designee for a hearing on the second regular meeting day thereafter, unless otherwise directed by the chairperson.

(c)

Appearances. The appellant or applicant may appear in person or by the appellant's or applicant's agent or attorney. In the absence of an appearance for or against an appeal or application, the board of appeals may dismiss the appeal or application or may dispose of the matter on the record before it.

(d)

Oath. Unless waived by the appellant or applicant and the chairperson, all witnesses shall be sworn before testifying by the chairperson or presiding officer.

(e)

Compelling attendance of witness. The chairperson or, in the chairperson's absence, the presiding officer may compel the attendance of witnesses by subpoena. Written request for subpoenas shall be filed with the secretary of the board of appeals not less than two days prior to the hearing except by special permission of the chairperson.

(f)

Order of hearing. Appeals and applications shall be heard in numerical order except for good cause shown.

(g)

Order of business.

(1)

General hearing. At the hearing, the order of business shall be as follows:

a.

Statement of the nature of the case by the chairperson;

b.

Appellant's side of the case;

c.

Questions by board members;

d.

Zoning administrator's side of the case;

e.

Questions by board members;

f.

Statements by interested persons such as neighbors or abutting landowners;

g.

Questions by board members;

h.

Appellant's or applicant's rebuttal.

(2)

Contested cases. If the applicant or appellant elects to have the applicant's or appellant's appeal or application treated as a contested case, the order of business shall be as follows:

a.

Call to order by the chairperson;

b.

Appellant's or applicant's opening statement;

c.

Zoning administrator's opening statement;

d.

Opening statement of persons aggrieved and other interested parties. The right to make an opening statement is limited to persons who will present evidence;

e.

Applicant's or appellant's case-in-chief;

f.

Questions by board members;

g.

Cross examination. No more than one person for each party shall cross examine witnesses. The chairperson may limit the number of parties who may cross examine;

h.

Zoning administrator's case-in-chief;

i.

Questions by board members;

j.

Cross examination as under subsection (g)(2)g of this section;

k.

Case-in-chief of other parties;

l.

Questions by board members;

m.

Rebuttal by appellant or applicant. Rebuttal is limited to matters raised by the adverse parties by way of evidence or argument;

n.

Statements of opinion of neighbors or abutting landowners, not subject to cross examination;

o.

Closing statements of those who made or waived opening statements.

(h)

Evidence and official notice. Except in contested case hearings, written and oral testimony will be received. In contested case hearings, no hearsay evidence will be allowed or relied upon as the sole evidence of any factual determination. The board of appeals may take official notice of the village ordinances, the zoning and location of the subject property, and geographical features or other facts that are common knowledge in the village or can be verified by reference to public record. In contested case hearings, all witnesses shall be sworn, and no person shall be permitted to testify unless such person submits to cross examination.

(i)

Adjournments. When all appeals or applications cannot be disposed of on the day set, the board of appeals may adjourn from day to day or to a day certain, as it may order, and such adjourned day shall be construed as a continuance of the hearing. Notice of such adjournment shall be given to the absent members of the board of appeals.

(j)

Withdrawal. An appellant or applicant may withdraw an appeal at any time prior to the decision, but a pending motion to grant or dismiss the appeal shall have precedence over withdrawal. Withdrawal of the appeal shall not entitle the appellant or applicant to remission of the filing fee.

(Code 1998, § 106-113; Ord. No. 97-11, § 13-1-192, 11-3-1997)

(a)

Time of decision. Under this division, the board of appeals shall render its decision either at the termination of the hearing or within 30 days thereafter and shall notify the parties in interest and the zoning administrator in writing of its decision.

(b)

Form of decision. The final disposition of an appeal or application shall be in the form of a written decision or order signed by the chairperson and secretary of the board of appeals. Such decision shall state the reasons for the board's determination with findings of fact and conclusions of law and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part; dismiss the appeal; or grant or deny the special exception, conditional use or variance. Copies of the decision shall be sent to the applicant, the village administrator, the secretary of the plan commission and any village committee involved.

(c)

Basis of decision; findings. At the conclusion of a hearing, the board should reduce to writing its findings of fact and conclusions of law regarding the proper interpretation and application of this chapter.

(d)

Conditions. Variances or conditions imposed in any permit shall be stated in the decision or order embodying the board's decision and shall also be set forth in the building, conditional use, or occupancy permit issued under that order by the zoning administrator. A permit shall be valid only as long as the conditions upon which it is granted are observed. Whenever the board grants an application or appeal affecting the use of any premises, such authorization shall be deemed revoked unless the owner, occupant or the owner's or occupant's agent shall, upon request, file with the board secretary a written report certifying that all conditions or limitations imposed by the board have been conformed to and maintained. Variances, substitutions, or conditional use permits approved by the board shall expire in six months after issuance if the performance of work is required and substantial work has not commenced.

(e)

Filing of decision. Every order or decision of the board of appeals shall be immediately filed with the secretary, who shall thereupon forward the decision to the village administrator and mail a copy to the applicant or appellant. Copies of decisions granting conditional uses or variances in a floodplain district shall be mailed to the district office of the state department of natural resources.

(f)

Reconsideration.

(1)

Resubmission. No appeal or application that has been dismissed or denied shall be considered again without material alteration or revision within one year of the board's decision, except pursuant to court order or by motion to reconsider made by a member voting with the majority or as provided in subsection (f)(2) of this section;

(2)

Rehearing. No rehearing shall be held except upon the affirmative vote of four or more members of the board upon finding that substantial new evidence is submitted that could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing, shall state the reasons for the request, and shall be accompanied by necessary data and diagrams. Rehearing shall be subject to the same notice requirements as original hearings.

(Code 1998, § 106-114; Ord. No. 97-11, § 13-1-193, 11-3-1997)

(a)

Purpose. A request for a variance to this chapter may be made when an aggrieved party can submit proof that strict adherence to this chapter would cause such aggrieved party undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(b)

Application and procedure for variances.

(1)

The application for a variance shall be filed pursuant to section 133-95;

(2)

The board of appeals may authorize, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing any uses prohibited in that district or permit standards lower than those required by state law.

(c)

Public hearing of application. The public hearing for a variance shall be conducted pursuant to section 133-96.

(d)

Reserved.

(e)

Action of the board of appeals; standards. For the board of appeals, it must find that:

(1)

Denial of variance may result in hardship to the property owner due to physical conditions unique to the site. 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 or 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;

(2)

The conditions upon which a petition for a variance is based are unique to the property for which variance is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity;

(3)

The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the property;

(4)

The granting of the variance will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located;

(5)

The proposed variance will not undermine the spirit and general and specific purposes of this chapter, specifically the standards of section 133-936.

(f)

Conditions. The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.

(Code 1998, § 106-115; Ord. No. 97-11, § 13-1-194, 11-3-1997; Ord. No. 01-02, §§ 1, 2, 3-5-2001; Ord. No. 12-3, § 7, 5-7-2012)

Any person, jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board or bureau of the village, may, within 30 days after the filing of the decision in the office of the board of appeals, commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on notice to the board of appeals and on due cause shown, grant a restraining order. The board of appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

(Code 1998, § 106-116; Ord. No. 97-11, § 13-1-195, 11-3-1997)

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(e)10.