There is hereby established a Board of Appeals for the Town
of Herman. The 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 three years, except that of those first
appointed one shall serve one year, two shall serve two years and
two for three years.
B.
Chairperson. The Chairperson shall be designated by the Town Chairperson.
C.
Alternates. Two alternate members shall be appointed by the Town
Chairperson for a term of three years. The Town Chairperson shall
designate one of the alternate members as first alternate and the
other as second alternate. The first alternate shall act, with full
power, only when a member of the Board refuses to vote because of
interest or when a member is absent. The second alternate shall so
act only when the first alternate so refuses or is absent or when
more than one member of the Board so refuses or is absent. The provisions
of § 62.23(7)(e), Wis. Stats., with regard to removal of
members and the filling of vacancies shall apply to such alternates.[1]
D.
Secretary. The Secretary shall be as designated by the Board of Appeals.
E.
Vacancies. Vacancies shall be filled for the unexpired terms of members
whose terms become vacant.
The Board of Appeals shall organize and adopt rules of procedure
in conformance with § 62.23(7)(e)1 to 15, Wis. Stats.
A.
The Board of Appeals shall meet at the call of the Chairperson and
at such other times as the Board of Appeals may determine, at a fixed
time and place.
B.
All meetings of the Board of Appeals shall be open to the public.
C.
Any public hearings which the Board of Appeals is required to hold
shall be held where Town Board meetings take place or other place
convenient to the location or locations to be considered at such public
hearing, and a full description of the location of such place of hearing
by name, address or other commonly known means of identification shall
be included in the notice given of such hearing. Other matters upon
which the Board of Appeals is required to act may also be heard at
any such hearing, provided that no undue hardship is created for any
appellant by reason of the location of such hearing, and provided
further that such matters are included in the notice given of such
hearing.[1]
D.
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 immediately filed
in the office of the Board of Appeals and shall be a public record.
E.
The Board of Appeals may adopt such other rules as are necessary
to carry into effect the regulations of the Town Board.
F.
In the case of all appeals, the Board of Appeals may call upon the
Town Board or Zoning Administrator for all information pertinent to
the decision appealed from.
A.
The Board of Appeals shall have the following powers:
(1)
To
hear and decide appeals where it is alleged there is an error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of this chapter.
(2)
To
hear and decide special exceptions to the terms of this chapter upon
which such Board is required to pass under this chapter.
(3)
To
authorize upon appeal in specific cases such variances from the terms
of this chapter as will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement of the provisions
of this chapter will result in practical difficulty or unnecessary
hardship, so that the spirit of this chapter shall be observed, public
safety and welfare secured, and substantial justice done.
B.
The Board may permit in appropriate cases, and subject to appropriate
conditions and safeguards in harmony with the general purpose and
intent of this chapter, a building or premises to be erected or used
for such public utility purposes in any location which is reasonably
necessary for the public convenience and welfare.
C.
The Board may reverse, affirm, or wholly or partly modify the requirements
appealed from and may issue or direct the issuance of a permit.
D.
Assistance. The Board may request assistance from other Town or county
officers, departments, commissions and boards.
E.
Oaths. The Chairperson may administer oaths and compel the attendance
of witnesses.
Appeals from the decision of the Zoning Administrator concerning
the literal enforcement of this chapter may be made by any person
aggrieved or by an officer, department, board or bureau of the Town.
Such appeals shall be filed with the Secretary and the officer from
whom the appeal is taken within 30 days after the date of written
notice of the decision or order of the Zoning Administrator or the
Town Board. 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:
A.
Names and addresses of the appellant or applicant and all abutting
and opposite property owners of record.
C.
Additional information which was required for the decision appealed
from or may be required by the Board of Appeals.
D.
Fee in the amount as set by resolution of the Town Board to be paid
to the Town at the time of application.
The Board of Appeals shall fix a reasonable place for the hearing
and hold a hearing within 45 days or less, give a Class 1 notice thereof
as provided in Ch. 985, Wis. Stats., and give due notice to the parties
in interest, the Zoning Administrator and the Town Board. At the hearing
the applicant or the appellant may appear in person, by agent, or
by attorney.
A.
The 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, the Zoning
Administrator and the Town Board.
B.
Conditions may be placed upon any land use permit ordered or authorized
by this Board.
C.
The concurring vote of a majority of the five-member Board shall
be necessary to reverse any order, requirement, decision or determination
of any administrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under this chapter,
or to effect any variation in this chapter. The grounds of every such
determination shall be stated.
Any person or persons aggrieved by any decision of the Board
of Appeals may commence an action seeking the remedy available by
certiorari. Such action shall be commenced within 30 days after the
filing of the decision in the office of the Board of Appeals.
