Reference: § 320-302, definition of "variance."
In order for the objectives of this chapter to be more fully
and equitably achieved and a means for interpretation provided, there
is established a Board of Appeals (hereinafter referred to as the
"BOA") for Greenville.
A.
Board members. The BOA shall consist of five members. The highest
elected officer of Greenville shall appoint the members subject to
confirmation by the Board. The members of the BOA shall all reside
within Greenville. The highest elected officer of Greenville shall
designate one of the members as Chairperson.
B.
Terms. The terms of the first appointed shall be for one for one
year, two for two years and two for three years. 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 July
1, in the year in which they were appointed and until their successors
are appointed.
C.
Vacancies and removal. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant. Members shall be removable
by the highest elected officer of Greenville for cause upon written
charges and after a public hearing.
D.
Compensation. The actual and necessary expenses incurred by the BOA
in the performance of its duties shall be paid and allowed by the
Board as in cases of other claims against Greenville. The Board may
also compensate the members of the BOA and their assistants as may
be authorized by the Board.
E.
Rules. The BOA shall adopt rules for the conduct of the business
of the BOA in accordance with the provisions of this chapter. The
BOA may adopt further rules as necessary. No rule may be changed without
the concurring vote of a majority of the BOA.
F.
Meetings. Meetings of the BOA shall be held at the call of the Chairperson,
and at such other times as the BOA or Greenville staff 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 BOA shall be open to the public.
G.
Records and decisions. The BOA 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 Clerk and shall be a public record.
H.
Votes required. If a quorum is present, a majority vote of the members
of the BOA present shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is
required to pass or to effect a variation. The grounds of every such
determination shall be stated.
The BOA is hereby vested with the following jurisdiction and
authority:
A.
Appeals: to hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made by
the Zoning Administrator or designee in the enforcement of this chapter.
B.
Variances: to hear and act upon applications for specific variances
from the terms provided in this chapter.
C.
Other matters: to hear and act upon all other matters refereed to
it upon which it is required to act under this chapter.
D.
Assistance. The BOA may request assistance from other Greenville
officers, departments, commissions, and boards.
E.
Oaths. The Chairperson or, in his/her absence, the Acting Chairperson,
may administer oaths and compel the attendance of witnesses.
A.
Powers. The BOA 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 BOA 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 such ought to be made, and to that end shall have all the powers
of the officer from whom the appeal is taken, and may issue or direct
the issue of a permit.
B.
Procedures. Appeals to the BOA may be taken by any person aggrieved
or by any officer, department, board or bureau of Greenville affected
by any decision made by an 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
BOA a notice of appeal specifying the grounds thereof. The Zoning
Administrator shall forthwith transmit to the BOA all the papers constituting
the record upon which the action appealed from was taken. The BOA
may request the applicant to provide additional information as may
be needed to determine the case. A Class 2 notice pursuant to Chapter
985, Wis. Stats., shall be published, specifying the date, time, and
place of the hearing and the matters to come before the BOA.
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 BOA after the notice of appeal shall have been
filed with him, 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 BOA or by a court of record on the 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 determinations are made by the BOA, 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 BOA, to the administrative 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 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 BOA 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 practical difficulty or unnecessary hardship, so the spirit of
this chapter shall be observed and substantial justice is done.
B.
Procedures. Upon filing with the Community and Economic Development
Department an application for variance, a reasonable time (not more
than 60 days from the filing date) shall be set for a public hearing.
A Class 2 notice pursuant to Chapter 985, Wis. Stats., shall be published,
specifying the date, time, and place of the hearing and matters to
come before the BOA.
C.
Requirements for a variance. In general, the power to authorize a
variance from the requirements of the chapter shall be sparingly exercised
and only under peculiar and exceptional circumstances. No variance
shall be granted for actions that require an amendment to this chapter
or for use variances. Dimensional/area variances shall only be granted
when the BOA finds that:
(1)
The variance will not cause harm to the public interest and
such a variance will be in general harmony with the purpose and intent
of this chapter.
(2)
The variance will not permit the establishment of a use not
permitted or permissible in the district; a use variance is not permitted,
only dimensional.
(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)
An unnecessary hardship would result from the strict application
of this chapter and is not the result of self-created or self-imposed
circumstances or personal convenience.
D.
Expiration. A variance shall expire within 12 months of approval
if not commenced. If a variance is granted and requires additional
approvals or permits, the variance approval shall expire within 12
months of approval of the variance if the required additional approvals
are not approved, or permits are not issued.
The BOA shall have the power to hear and decide applications
for interpretations of the zoning regulations and the boundaries of
the zoning districts.
Any person or persons, jointly or severally, aggrieved by any
decision of the BOA, 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 BOA, commence an action
seeking the remedy available by certiorari.
