In order that the objectives of this chapter
may be more fully and equitably achieved and a means for interpretation
provided, there is established a Board of Appeals (hereinafter referred
to as the "Board") for the Town of Grand Chute.
A.
Board members. The Board shall consist of five members.
The Town Chairperson shall appoint the members with the approval of
the Town Board. The members of the Board shall all reside within the
Town. The Town Chairperson shall appoint the Chairperson of the Board.
B.
Terms. The terms of the first five Board members appointed
shall be as follows: one for one year, two for two years and two for
three years, respectively. Thereafter, successors shall be appointed
in such manner at the expiration of each term, and their terms of
office shall be three years in all cases, beginning June 1 in the
year in which they were appointed and until their successors are appointed.
C.
Alternates. The Town Chairperson may appoint two alternates
for staggered terms of three years commencing May 1, 1995. For the
purpose of those first appointed, one alternate shall serve for two
years and one shall serve for three years. The Chairperson shall annually
designate a first alternate and a second alternate per § 62.23(7)(e)1
and 2, Wis. Stats. All subsequent appointees shall be for three-year
terms.
D.
Vacancies. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
E.
Compensation. The actual and necessary expenses incurred
by the Board in the performance of its duties shall be paid and allowed
by the Town Board as in cases of other claims against the Town. The
Town Board may also compensate the members of the Board and their
assistants as may be authorized by the Town Board.
A.
Rules. The Town Board shall adopt rules for the conduct
of the business of the Board in accordance with the provisions of
this chapter. The Board may adopt further rules as necessary to carry
into effect the regulations of the Town Board. No rule may be changed
without the concurring vote of a majority of the Board.
B.
Meetings. Meetings of the Board shall be held at the
call of the Chairperson and at such other times as the Board may determine.
Such Chairperson or, in his or her absence, the Acting Chairperson
may administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public.
C.
Records and decisions. 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 examinations and other official actions, all of which
shall be immediately filed in the office of the Board and shall be
a public record. All actions or decisions shall be taken by resolution
in which the concurring vote of a majority of the members of the Board
shall be necessary. Each resolution shall contain a written statement
of the grounds forming the basis of such resolutions. Notice of filing
of all actions and decisions shall be mailed to the parties in interest
as determined by the Board.
A.
Powers. The Board shall have the power 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. The Board may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as ought to be made and to that end shall
have all the powers of the officer from whom the appeal is taken.
B.
Procedures. Appeals to the Board may be taken by any
person aggrieved or by any officer, department, or board or the Building
Inspector or other administrative officer. Such appeal shall be taken
within 60 days of the order, requirement, decision or determination
appealed from by filing with the Zoning Administrator and with the
Board a notice of appeal specifying the grounds thereof. The Zoning
Administrator shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
The Board may request the applicant to provide additional information
as may be needed to determine the case.
C.
Stays. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the officer from whom the appeal
is taken shall certify to the Board, after the notice of appeal shall
have been filed with him, that by reason of facts stated in the certificate
a stay would 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 or by a court of record on application,
on notice to the officer from whom the appeal is taken and on due
cause shown.
D.
Withdrawal or amendment.
(1)
If the applicant elects to withdraw the appeal any
time before final determination is made by the Board, this fact shall
be noted on the application, with the signature of the applicant attesting
withdrawal. Copies of the withdrawn application shall be returned
to the files of the Board, to the Building Inspector or officer and
to the applicant.
(2)
Amendment of an appeal by the applicant may be permitted
at any time prior to or during the public hearing, provided that no
such amendment shall be such as to make the case different from its
description in the notice of public hearing. If the amendment is requested
by the applicant after public notice of the hearing has been given
and such amendment is at variance with the information set forth in
the public notice, the applicant shall pay an additional fee to cover
the cost of amending the public notice. If the amended notice can
be published within the time frame specified for the public hearing,
the hearing on the amended appeal may be held on that date, otherwise
the Chairperson shall announce that the hearing originally scheduled
on the case will be deferred to a future meeting, before which appropriate
public notice will be given, and will state the reasons for deferral.
A.
Powers. The Board shall have the power to 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.
B.
Requirements for a variance. In general the power
to authorize a variance from the requirements of this chapter shall
be sparingly exercised and only under peculiar and exceptional circumstances.
No variance shall be granted for actions which require an amendment
to this chapter. Variances shall only be granted when the Board finds
that:
(1)
The variance is not contrary to the public interest
and that such a variance will be in general harmony with the purposes
and intent of this chapter.
(2)
The variance will not permit the establishment of
a use which is not permitted or permissible in the district.
(3)
Special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are
not applicable to other lands, structures, or buildings in the same
district.
(4)
The literal interpretation of the provisions of this
chapter would deprive the applicant of rights commonly enjoyed by
other properties in the same district.
(5)
The hardship is not shared generally by other land
or buildings in the area.
(6)
The hardship results from the strict application of
this chapter and is not the result of self-created or self-imposed
circumstances.
The Board shall have the power to hear and decide
applications for interpretations of the zoning regulations and the
boundaries of the zoning districts.
A.
Time period. Upon filing with the Board an application
for an appeal or variance, the Board shall fix a reasonable time (not
more than 60 days from the filing date) for a public hearing.
B.
Notice of hearing. A Class 2 notice pursuant to Ch.
985, Wis. Stats., shall be published specifying the date, time and
place of the hearing and matters to come before the Board.
Any hearing required under this article shall be conducted by the Board in accordance with § 535-87B.
Any person or persons jointly or severally aggrieved
by any decision of the Board or any taxpayer or any officer, department,
board or bureau of the municipality may, within 30 days after the
filing of the decision in the office of the Board, commence an action
seeking the remedy available by certiorari.