B.
Meetings and rules. All meetings of the Zoning Board
of Appeals shall be held at the call of the Chairman and at such other
times as the Board may determine. All hearings conducted by said Board
shall be open to the public. The Board 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 examination and other official actions, all of which shall be
immediately filed in the office of the Board and shall be public record.
The Zoning Board of Appeals shall adopt its own rules of procedure
not in conflict with this Code or with the applicable Wisconsin Statutes.
C.
Offices. The Village Board shall provide suitable
offices for the Zoning Board of Appeals for holding of hearings and
the presentation of records, documents and accounts.
D.
Appropriations. The Village Board shall appropriate
funds to carry out the duties of the Zoning Board of Appeals, and
the Zoning Board of Appeals shall have the authority to expend, under
regular procedure, all sums appropriated to it for the purpose and
activities authorized herein.
A.
Scope of appeals. Appeals to the Zoning 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. Such appeal shall be taken within reasonable 30 days of the
alleged aggrievance or judgment in question.
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 certified to the Board that
by reason of facts stated in the certificate a stay would, in his
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 Zoning 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.
The Zoning Board of Appeals shall fix a reasonable
time, not more than 30 days from the date of filing, for the hearing
of an appeal and shall give due notice thereof to all the parties
involved. The Board or any of its officers it shall designate shall
cause such hearings to be published in the village's newspaper or
newspapers.
In addition to those powers enumerated in Chapter 14 of this Code, the Zoning Board of Appeals shall have the following powers:
A.
Errors. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination
made by the Director of Public Works.
B.
Variances. To hear and grant appeals for variances
as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of this chapter 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.
[Amended 6-13-2001]
C.
Interpretations. To hear and decide applications for
interpretations of the zoning regulations and the boundaries of the
zoning districts.
D.
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. Whenever the
Zoning Board of Appeals permits such a substitution, the use may not
thereafter be changed without application.
E.
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.
F.
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. The permit shall be temporary,
revocable, subject to any condition required by the Zoning Board of
Appeals and shall be issued for a period not to exceed 12 months.
Compliance with all other provisions of this chapter shall be required.
G.
Permits. The Board may reverse, affirm, wholly or
partly, or modify the requirements appealed from and may issue or
direct the issue of a permit.
A.
Purpose.
(1)
A request for a variance may be made when an aggrieved
party can submit proof that strict adherence to the provisions of
this Zoning Code would cause him 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.
(2)
The Zoning Board of Appeals may authorize upon appeal, 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 the provisions 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 in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than those required by state law. The Zoning Board of Appeals shall apply the standards of Subsection D.
(3)
For the purposes of this section, "unnecessary hardship"
shall be defined as an unusual or extreme decrease in the adaptability
of the property to the uses permitted by the zoning district which
is caused by facts, such as rough terrain or good soil conditions,
uniquely applicable to the particular piece of property as distinguished
from those applicable to most or all property in the same zoning district.
B.
Application for variation. The application for variation
shall be filed with the Clerk-Treasurer. Applications may be made
by the owner or lessee of the structure, land or water to be affected.
The application shall contain the following information:
(1)
Name and address of applicant and all abutting and
opposite property owners of record.
(2)
Statement that the applicant is the owner or the authorized
agent of the owner of the property.
(3)
Address and description of the property.
(4)
Plat of survey prepared by a registered land surveyor showing all of the information required under § 298-9 for a zoning permit.
(5)
Additional information required by the Village Board,
Village Engineer, Plan Commission, Zoning Board of Appeals or Director
of Public Works.
(6)
Fee receipt from the Clerk-Treasurer in the amount
as established by the Village Board.
C.
Public hearing of application. The Zoning Board of
Appeals shall conduct at least one public hearing on the proposed
variation. Notice of such hearing shall be given not more than 30
days and not less than 10 days before the hearing in one or more of
the newspapers in general circulation in the Village of Webster, and
due notice shall be given to the parties in interest. At the hearing
the appellant or applicant may appear in person, by agent or by attorney.
The Board shall thereafter reach its decision within 30 days after
the final hearing and shall transmit a written copy of its decision
to the appellant or applicant, Director of Public Works and Village
Board.
[Amended 6-13-2001]
D.
Action of the Zoning Board of Appeals. For the Board
to grant a variance it must find that:
(1)
Denial of variation may result in hardship to the
property owner due to physiographical considerations. 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 the Zoning Code should be changed.
(2)
The conditions upon which a petition for a variation
is based are unique to the property for which variation 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 variation is not based exclusively
upon a desire to increase the value or income potential of the property.
(4)
The granting of the variation 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 variation will not undermine the spirit
and general and specific purposes of the Zoning Code.
E.
Conditions. 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 section.
F.
Expiration. Variances, substitutions or use permits
granted by the Board shall expire within six months unless substantial
work has commenced pursuant to such grant.
G.
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.
A.
Authority. Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the Village Board
may, by ordinance, change the district boundaries or amend, change
or supplement the regulations established by this chapter or amendments
thereto.
B.
Initiation. A change or amendment may be initiated
by the Village Board or by a petition of one or more of the owners
or lessees of property within the area proposed to be changed.
C.
Petitions. Petitions for any change to the district
boundaries or amendments to the regulations shall be filed with the
Clerk-Treasurer, describe the premises to be rezoned or the regulations
to be amended, list the reasons justifying the petition, specify the
proposed use and have attached the following:
(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 200 feet of the
areas proposed to be rezoned.
(2)
Owners' names and addresses of all properties lying
within 200 feet of the area proposed to be rezoned.
(3)
Additional information required by the Village Board.
(4)
Fee receipt from the Clerk-Treasurer in the amount
as established by the Village Board.
D.
Hearings.
(1)
The Village Board shall hold a public hearing upon
each recommendation, giving at least 10 days' prior notice by publication
at least two times during the preceding 30 days, listing the time,
place and the changes or amendments proposed. The Village Board shall
also give at least 10 days' prior written notice to the clerk of any
municipality within 1,000 feet of any land to be affected by the proposed
change or amendment.
(2)
If applicable, prior to the Village Board hearing,
the appropriate joint extraterritorial zoning committee shall hold
a public hearing upon each proposed change or amendment within its
zoning jurisdiction, giving at least 10 days' prior notice by publication
at least three times during the preceding 30 days listing the time,
place and the changes or amendments proposed. The joint committee
shall mail notice to the clerk of the affected town.
E.
Board's action. Following such hearing and after careful
consideration, the Village Board shall vote on the passage of the
proposed change or amendment.
F.
Protest. In the event of a protest against such district
change or amendment to the regulations of this chapter, duly signed
and acknowledged either by the owners of 20% or more of the areas
of the land included in such proposed change or by the owners of 20%
or more of the land immediately adjacent extending 100 feet therefrom
or by the owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such changes or amendments shall not become effective except by the
favorable vote of 3/4 of the full Village Board membership.
Failure to comply with the provisions of this
chapter shall be regarded as a violation, and any person who commits
such violation shall be liable to a forfeiture of not less than $25
or not more than $500, together with the costs of prosecution, and
in default of payment of such forfeiture and costs of prosecution
shall be imprisoned up to 90 days in the Burnett County Jail. Each
day a violation is continued shall be considered a separate offense.
In case of any violation, the Village Board may institute appropriate
action or proceedings to enjoin a violation of this chapter.
