[Amended 2-15-1996; 4-21-2005; 5-18-2006]
A Board of Appeals is established for the purpose
of hearing appeals from actions of the Zoning Administrator and applications
for variances from and exceptions to the provisions of this chapter
and deciding the same.
[Amended 7-18-2013]
The Board of Appeals shall consist of five members
appointed by the Town Chairman, subject to confirmation by the Town
Board. The terms of office shall be for three years or until their
successors shall have been duly appointed and qualified as members.
The members of the Board of Appeals shall receive for their services
compensation as set by the Town Board and their actual and reasonable
expenses, exclusive of automobile mileage which shall not be reimbursable.
They shall be removable by the Town Chairman for cause upon written
charges and after public hearing. The Town Chairman shall designate
one member Chairman. The Board of Appeals may employ a secretary and
other employees. Vacancies shall be filled for the unexpired terms
of members whose terms become vacant. The Town Chairman shall appoint
two alternate members who shall act, with full power, only when a
member of the Board of Appeals refuses to vote because of interest
or when a member is absent.
[Amended 7-18-2013]
The Board of Appeals shall adopt rules in accordance
with the provisions of this chapter. Meetings shall be held at the
call of the Chairman and at such other times as the Board of Appeals
may determine. The Chairman or Acting Chairman of the Board of Appeals,
if there is one, may administer oaths and compel the attendance of
witnesses. All meetings of the Board of Appeals shall be open to the
public, and a record of all proceedings shall be kept, showing the
vote of each member upon each question or, if absent or failing to
vote, indicating such fact. The Board of Appeals may take action by
a majority of the members present, provided that a quorum is present.
A quorum is defined as a majority of the members of the Board of Appeals.
The Board of Appeals shall keep records of its examinations and other
official actions. All records shall be filed immediately in the office
of the Board of Appeals and shall be public.
Appeals to the Board of Appeals may be taken
by any person aggrieved or by any officer of the Town of Winneconne
affected by any decision of any administrative officer of the Town.
Such appeal shall be taken within a reasonable time, as provided by
the rules of the Board, by filing with the officer from whom the appeal
is taken and with the Board a notice of appeal, specifying the grounds
thereof. The officer from whom the appeal is taken forthwith shall
transmit to the Board all the papers constituting the record upon
which the action was taken from which appeal is made.
An appeal shall stay all legal proceedings in
furtherance of the action from which appeal is made, unless the officer
from whom the appeal is taken certifies to the Board of Appeals that,
by reason of facts stated in the certificate, a stay would, in his
or her opinion, cause imminent peril to life or property. In such
case 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, with notice to the officer from whom appeal
is made, and on due cause shown.
The Board of Appeals shall fix a reasonable
time for the hearing of appeals or other matters referred to it. Public
notice shall be given of all hearings. Due notice of a hearing also
shall be given to the parties in interest. Upon the hearing any party
may appear in person or by agent or attorney.
A.
The Board of Appeals shall have the following powers:
(1)
To 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 of this chapter.
(2)
To hear and decide special exceptions to the terms
of this chapter and to grant 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. Use variances shall
not be granted by the Board of Appeals.
(3)
To hear and decide appeals on denied zoning uses or
appeals for interpretations of zoning regulations established under
this chapter.
(4)
To hear and decide applications for substitution of
more restrictive nonconforming uses for existing nonconforming uses
where no structural alterations are to be made.
B.
In exercising its powers the Board of Appeals may
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and to that end shall have
the powers of the officer from whom appeal is taken and may issue
or direct the issue of permits.
Applications shall be denied or approved, with
or without conditions, within 40 days of the public hearing on the
application. The concurring vote of four members of the Board of Appeals
shall be necessary to reverse any order, requirement, decision or
determination of any administrative official, or to decide in favor
of any applicant, or to effect any variation in this chapter. The
grounds of every such determination shall be stated in writing. Variances
or substitutions shall expire within 18 months of their grant unless
substantial work under them has been commenced.
Any person aggrieved by any decision of the
Board of Appeals or any taxpayer or any officer of the Town of Winneconne
may present to a court of record a petition, duly verified, setting
forth that such decision is illegal, in whole or in part, specifying
the ground 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 Board of Appeals.
