See § 19-2, Plan Commission, of this Code.
B.
Powers and duties. The Board shall have the following powers and
duties:
(1)
Errors. To hear and decide appeals where it is alleged there is an
error in any order, requirement, decision or determination made by
the Zoning Administrator.
(2)
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 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.
(3)
Interpretations. To hear and decide application for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Zoning Administrator has made a review and recommendation.
(4)
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 and the Zoning Administrator
has made a review and recommendation. Whenever the Board permits such
a substitution, the use may not thereafter be changed without application.
(5)
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 and the Zoning Administrator
has made a review and recommendation.
(6)
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, and the Zoning Administrator has made a
review and recommendation. The permit shall be temporary, revocable,
subject to any conditions required by the Board and shall be issued
for a period not to exceed 12 months. Compliance with all other provisions
of this chapter shall be required.
(7)
Permits. The Board may reverse, affirm wholly or partly, modify the
requirements appealed from and may issue or direct the issue of a
permit.
(8)
Assistance. The Board may request assistance from other Village officers,
departments, commissions and boards.
(9)
Oaths. The Chairman may administer oaths and compel the attendance
of witnesses.
C.
Appeals and applications. 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 Village. Such appeals shall be filed with the secretary
within 30 days after 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 with the secretary. Such appeals and application shall include
the following:
D.
Hearings. The Board of Zoning Appeals shall fix a reasonable time
and place for the hearing, give public notice thereof at least 10
days prior, and shall give due notice to the parties in interest.
At the hearing, the appellant or applicant may appear in person, by
agent or by attorney.
E.
Findings. No variance to the provisions of this chapter shall be
granted by the Board unless it finds, beyond a reasonable doubt, that
all of the following facts and conditions exist and so indicates in
the minutes of its proceedings.
(1)
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.
(2)
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 vicinity.
(3)
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.
F.
Decision. The Board of Zoning 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.
G.
Review by court of record. Any person or persons aggrieved by any
decision of the Board 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 filing of the decision in the office
of the Clerk-Treasurer.
A.
Authority. Whenever the public necessity, convenience, general welfare
or good zoning practice require, 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 petition of one or more of the owners or lessees of the
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 at least 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 area 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.
D.
Referral to Plan Commission. All proposed amendments to this chapter
shall be referred to the Plan Commission. The Plan Commission shall
submit its recommendation to the Village Board within 30 days.
E.
Hearings. The Plan Commission shall hold a public hearing upon each
recommendation, giving a Class II notice under Ch. 985, Wis. Stats.
Written notice of the time, place and purpose of such hearing shall
also be given to the owners of every parcel of land within 100 feet
of the area to be rezoned as well as to the owners of all land which
will be in the district to be rezoned.
F.
Village Board action. Following such hearing and upon consideration
of the recommendation of the Plan Commission, the Village Board shall
vote to adopt or reject the proposed change or amendment.
G.
Protest. In the event of a protest against such district change or
amendment to the regulations of this chapter, duly signed and acknowledged
by the owners of 20% or more either 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.
[Added by Ord. No. 95-4; amended by Ord. No.
04-3; Ord. No.
07-7]
The fees required under this chapter are as follows, plus publication
costs, and are payable before the meeting:
A.
It shall
be unlawful to construct or use any structure, land or water in violation
of any of the provisions of this chapter or to violate conditions
placed on conditional uses. In case of any violation, the Village
Board, the Zoning Administrator or any property owner who would be
specifically damaged by such violation may institute appropriate action
or proceeding to enjoin a violation of this chapter.
B.
Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code. Each day a violation exists or continues shall constitute a separate offense.[1]
