[Amended 11-9-2006 by Ord. No. 1808(12); 3-6-2012 by Ord. No. 1943(20)]
There is hereby established a Zoning Board of
Appeals for the City of Burlington for the purpose of hearing appeals
and applications and granting variances and exceptions to the provisions
of this chapter in harmony with the purpose and intent of this chapter.
[Amended 11-18-2003 by Ord. No. 1740(20); 10-18-2005 by Ord. No. 1785(9)]
The Zoning Board of Appeals shall consist of
five members appointed by the Mayor and approved by the Common Council.
The Mayor shall make his nominations at least one month prior to
their appointment. The Mayor shall designate one of the members as
Chairperson.
A. Terms shall be for staggered three-year periods, except
that of those first appointed one shall serve for one year, two for
two years, and two for three years.
B. Two alternate members shall be appointed by the Mayor
for staggered terms of three years. The Mayor shall annually 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 regular 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.
C. The Zoning Administrator shall attend all meetings
for the purpose of providing technical assistance when requested by
the Zoning Board of Appeals.
D. Official oaths shall be taken by all members in accordance
with § 19.01, Wis. Stats., within 10 days of receiving notice
of their appointment.
E. Vacancies for all members, including alternates, shall
be filled for the unexpired term in the same manner as appointments
for a full term.
[Amended 10-18-2005 by Ord. No. 1785(9)]
The Common Council herein adopts rules for the
conduct of the business of the Zoning Board of Appeals in accordance
with the provisions of this chapter. The Board may adopt further
rules as necessary.
A. Meetings shall be held at the call of the Chairperson
and shall be open to the public.
B. Minutes of the proceedings and a record of all actions
shall be kept by the Board, 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.
C. If a quorum is present, the Board may take action
under this section to correct an error, grant a variance, make an
interpretation, and permit a temporary, unclassified, or substituted
use, by a majority vote of the members present.
D. The Zoning Administrator may not be the secretary
of the Board.
[Added 11-9-2006 by Ord. No. 1808(12)]
[Amended 8-4-2009 by Ord. No. 1886(7)]
Appeals to the Zoning Board of Appeals may be
taken by any person aggrieved or by any officer, department, board,
or bureau of the City affected by the decision of the Zoning Administrator.
Such appeals shall be filed in the office of the Zoning Administrator
within 30 days after the date of written notice of the decision or
order of the Zoning Administrator. 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 in the office of the Zoning Administrator.
Such appeals and applications shall include the following:
A. Name and address of the appellant or applicant and
all abutting and opposite property owners of record.
B. Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and approved by the City Zoning Administrator, showing all of the information required under §
315-128 for a zoning permit.
C. Additional information required by the City Zoning
Administrator, the Zoning Board of Appeals, or the City Plan Commission.
[Amended 4-6-1994 by Ord. No. 1467(40); 12-7-2004 by Ord. No. 1762(14); 11-9-2006 by Ord. No.
1808(12)]
A. The Zoning Board of Appeals shall fix a reasonable
time and place for the hearing, publish a Class 2 notice thereof,
and give notice to neighboring parties in interest, including the
Zoning Administrator, the City Plan Commission, and the Common Council.
At the hearing, the appellant or applicant may appear in person, by
agent, or by attorney.
[Amended 11-9-2006 by Ord. No. 1808(12)]
A. Variances. 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
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; provided, however, that a use variance may be
granted if the district regulations deprive the owner of any reasonable
use of the property.
[Amended 8-4-2009 by Ord. No. 1886(7)]
(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 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.
(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. Such variance is
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. The variance will not create
substantial detriment to adjacent property and will not materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
B. Boundary disputes.
(1) Floodplain disputes. The following procedure shall
be used by the Board in hearing disputes concerning floodplain district
boundaries:
(a)
If a floodplain district boundary is established
by approximate or detailed floodplain studies, the flood elevations
or profiles shall prevail in locating the boundary. If none exist,
other evidence may be examined.
(b)
In all cases, the person contesting the boundary
location shall be given a reasonable opportunity to present arguments
and technical evidence to the Board.
(c)
If the boundary is incorrectly mapped, the Board should inform the Plan Commission or the person contesting the boundary location to petition the governing body for a map amendment according to §
315-123. The Plan Commission shall proceed to petition the Common Council for a map amendment.
(2) Wetland disputes. Whenever the Zoning Board of Appeals
is asked to interpret an SWO Shoreland Wetland Overlay District boundary
where an apparent discrepancy exists between the City's Final Wetland
Inventory Map and actual field conditions, the City shall contact
the Wisconsin Department of Natural Resources (DNR) to determine if
the Wetland Inventory Map is in error. If the DNR staff concurs that
the particular area was incorrectly mapped as a wetland, the Zoning
Board of Appeals shall direct the City Plan Commission to initiate
appropriate action to rezone the property within a reasonable amount
of time.
C. To review appeals of permit denials related to floodplains.
(1) The Board shall review all data related to the appeal.
This may include:
(b)
Floodway/Floodfringe determination data in § 315-39D.
(c)
Data listed in § 315-38B(2) and 315-38C
and where the applicant has not submitted this information to the
Zoning Administrator.
(d)
Other data submitted with the application, or
submitted to the Board with the appeal.
(2) For appeals of all denied permits the Board shall:
(b)
Consider Plan Commission recommendations; and
(c)
Either uphold the denial or grant the appeal.
(3) For appeals concerning increases in regional flood
elevation the Board shall:
(a)
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 all appropriate legal arrangements are made with
all adversely affected property owners.
(b)
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.
[Amended 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No. 1808(12)]
A. The Zoning 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 and the Zoning Administrator.
B. Conditions may be placed upon any zoning permit ordered
or authorized by this Board.
C. Variances, substitutions or use permits granted by
the Board shall expire within six 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 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 offices of the Board.