Winneconne Village City Zoning Code
ARTICLE VI
Zoning Board of Appeals
§ 580-50 Statutory authorization.
The appropriate Board created in accordance with Chapter 19, Article VII, of this Code and under § 62.23(7)(e), Wis. Stats., for cities or villages is hereby authorized to act as Zoning Board of Appeals for the purposes of this chapter and Chapters 546 and 559 of this Code.
A.
The Zoning Board of Appeals shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business.
B.
The Zoning Board of Appeals shall be granted the duties and powers as determined by Village ordinance, Chapter 19, Article VII, of the Code.[1]
[1]
Editor's Note: Original Sec. 13-8-1(c) of the 2012 compilation of ordinances, prohibiting the Zoning Administrator from serving as Secretary of the Board, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 580-51 Powers and duties.
The Zoning Board of Appeals shall:
A.
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter and Chapters 546 and 559 of this Code. Appeals:
(1)
May be taken by any person aggrieved or by an officer, department, board or bureau of the Village affected by any decision of the Zoning Administrator or other administrative officer.
(2)
Shall be taken within 30 days, as provided by the rules of the Board, by filing with the Zoning Administrator and with the Zoning Board of Appeals a notice of appeal specifying the reasons for appeal.
(3)
Shall be transmitted by the Zoning Administrator, including all the papers constituting the record concerning the matter.
B.
Hear and decide disputes concerning district boundaries shown on the Official Zoning Map, floodplain, shoreland, and/or wetland maps.
C.
Hear and decide, upon appeal, variances from the dimensional standards of this chapter and Chapters 546 and 559 of this Code.
D.
Hear and decide special exceptions to the terms of this chapter and Chapters 546 and 559 of this Code upon which the Zoning Board of Appeals is required to pass.
E.
Authorize, upon appeal in specific cases, such variance from the terms of this chapter and Chapters 546 and 559 of this Code as will not be contrary to the public interest, where owing to special conditions a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter and Chapters 546 and 559 of this Code shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.
F.
Permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter and Chapters 546 and 559 of this Code, for such purposes which are reasonably necessary for public convenience and welfare.
G.
May reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as in its opinion 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 issue of a permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
If a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present.
(2)
The grounds of every such determination shall be stated and recorded.
(3)
Unless specifically set forth in the order itself, no order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
§ 580-52 Notice and hearing for appeals, including variances.
A.
The Board shall provide a notice of hearing by ordering the Village Clerk-Treasurer to properly notify of a pending meeting.
(1)
Fix a reasonable time for the hearing.
(2)
Publish adequate Class 1 or 2 notice pursuant to Wisconsin Statutes specifying the date, time, place and subject of the hearing.
(3)
Ensure that notice shall be mailed to the parties in interest at least 10 days in advance of the hearing.
(4)
Notify the Department of Natural Resources in cases involving floodplain, wetlands, or shoreland issues.
B.
Hearing. Any party may appear in person or by agent or attorney. The Zoning Board of Appeals shall:
(1)
Resolve boundary disputes.
(2)
Decide variance applications.
(3)
Decide appeals of permit denials.
C.
Decision. The final decision regarding the appeal or variance application shall:
(1)
Be made within a reasonable time period.
(2)
When necessary, be sent to the district office of the Department of Natural Resources within 10 days of the decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Be a written determination signed by the Chairperson or Secretary of the Zoning Board of Appeals.
(4)
State the specific facts which are the basis for the Board's decision.
(5)
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 grant or deny the application for a variance.
(6)
Include the reasons or justifications for granting an appeal, with a description of the hardship or practical difficulty demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board's proceedings.
D.
Boundary disputes. The following procedure shall be used by the Zoning Board of Appeals in hearing disputes concerning the district boundaries shown on the Official Floodplain Zoning Map:
(1)
Where a floodplain district boundary is established by approximate or detailed floodplain studies, the regional flood elevations or profiles for the point in question shall be the governing factor in locating the district boundary. If no regional flood elevations or profiles are available to the Board, other available evidence may be examined.
(2)
In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.
(3)
Where it is determined that the district boundary is incorrectly mapped, the Zoning Board of Appeals should inform the Plan Commission or the person contesting the location of the boundary to petition the governing body for a map amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Variances.
(1)
The Zoning Board of Appeals may, upon appeal, grant a variance from the dimensional standards of this chapter and Chapters 546 and 559 of this Code where an applicant convincingly demonstrates that:
(a)
Literal enforcement of the provisions of the chapter will result in unnecessary hardship on the applicant.
(b)
The hardship is due to adoption of the chapter and special conditions unique to the property (including shoreland, wetland, and floodplain issues); not common to a group of adjacent lots or premises (in such case, the chapter or map must be amended).
(c)
Such variance is not contrary to the public interest.
(d)
Such variance is consistent with the purpose of this chapter and Chapters 546 and 559 of this Code.
(2)
A variance shall not:
(a)
Grant, extend or increase any use of property prohibited in the zoning district.
(b)
Be granted for a hardship based solely on an economic gain or loss.
(c)
Be granted for a hardship which is self-created.
(d)
Damage the rights or property values of other persons in the area.
(e)
Permit a lower degree of flood protection in the floodplain than the flood protection elevation.
(f)
Allow any floor, basement or crawlway below the regional flood elevation.
(g)
Allow actions without the required amendment to this chapter and Chapters 546 and 559 of this Code or map(s).
(h)
When a variance is granted in a floodplain area, the Board shall notify the applicant, in writing, that increased flood insurance premiums may result. A copy of this notification shall be maintained with the variance appeal record.
§ 580-53 Review appeals of permit denials.
A.
Any person aggrieved or any officer, department, board or commission of the Village affected by any decision of administrative personnel under this chapter and Chapters 546 and 559 of this Code may appeal to the Zoning Board of Appeals by filing a notice of appeal with the Village and with the Board:
(1)
Specifying the grounds of appeal.
(2)
Filed within 30 days after the decision or action complained of.
B.
Zoning Board of Appeals shall review all data constituting the basis for the appeal of a permit denial. This data may include (where appropriate):
(1)
All data submitted as part of the original zoning application.
(2)
All data and findings supplemented to the zoning application by Village administrative personnel, including, but not limited to, Zoning Administrator, Building Inspector, Police Chief, Village Clerk-Treasurer, Plan Commission, Village Board or any other Village committee, board, or commission defined within the Village Ordinances.
(3)
Applicable rules, regulations, findings, opinions, comments, or other documents from any other regulatory or legislative authority.
(4)
Copies of any or all public written or verbal comments during the process of the application.
(5)
Floodway/flood fringe determination data.
(6)
Data listed in this chapter and Chapters 546 and 559 of this Code where the applicant has not submitted this information to the Zoning Administrator.
(7)
Other data submitted to the Zoning Administrator with the permit application, or submitted to the Board with the appeal.
(8)
Other data or information the Zoning Board of Appeals deems, in its own opinion, as necessary for proper determination of the appeal.
C.
For appeals of all denied permits, the Board shall:
(1)
Follow the statutory procedures.
(2)
Consider ordinance, administrative, and Plan Commission recommendations.
(3)
Take definitive action by either upholding the denial or granting the appeal.
D.
For appeals concerning increases in regional flood elevation, the Board shall:
(1)
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and any appropriate legal arrangements are made with all adversely affected property owners.
(2)
Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot, provided no other reasons for denial exist.[1]
[1]
Editor's Note: Original Sec. 13-8-4(e) of the 2012 compilation of ordinances, regarding general guidelines in granting variances, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 580-54 Consideration of variances.
A.
An application for a variance shall be filed, in writing, with the Village.
(1)
A fee for the variance application shall be established by the Village Board from time to time and set forth in the current Village Fee Schedule.
(a)
The fee shall be nonrefundable.
(2)
The application shall contain such information as the Zoning Board of Appeals may, by rule, require.
(3)
Notice of the time and place of such public hearing shall be published at least once in a newspaper of general circulation in the Village of Winneconne and also by mailing notice thereof to the parties of interest, said publication and mailing to be made at least 10 days prior to the date of the hearing.
(4)
The Board shall thereafter reach its decision within 90 days from the filing of the application.
B.
The Zoning Board of Appeals shall not vary the regulations of this chapter and Chapters 546 and 559 of this Code unless it shall make findings based upon the evidence presented to it in each specific case that:
(1)
Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2)
The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;
(3)
The purpose of the variance is not based exclusively upon a desire to make more money out of the property;
(4)
The alleged difficulty or hardship is caused by this chapter and Chapters 546 and 559 of this Code and has not been created by any person presently having an interest in the property;
(5)
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvement in the neighborhood in which the property is located;
(6)
The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
(7)
The Zoning 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 article.
C.
Variances from the regulations of this chapter shall be granted by the Zoning Board of Appeals only in accordance with the standards established and may be granted only in the following instances and in no others:
(1)
To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(2)
To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80% of the required area and width;
(3)
To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(4)
To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater;
(5)
To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served;
(6)
To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations; and
(7)
To permit such other reasonable variations from the regulations of this chapter as shall be deemed necessary to prevent a genuine hardship or be deemed to be in the best interest of the Village.
§ 580-55 Decisions.
The final disposition of an application or appeal before the Zoning Board of Appeals shall be in the form of a written decision:
A.
Made within a reasonable time after the public hearing.
B.
Signed by the Board Chairperson.
C.
State the specific facts which are the basis of the Board's determination.
D.
Shall either affirm, reverse, or modify the requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a variance.
E.
Mail a copy of the decision to the parties of interest (including the Department of Natural Resources, when necessary) within 10 days after the decision is issued.