[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A Zoning Board of Appeals shall be appointed and governed by
the state zoning enabling law as contained in § 62.23, Wis.
Stats., the Village Zoning Code and ordinances and this section. The
laws of the state or Village and local ordinances shall prevail in
that order. The Zoning Board of Appeals shall consist of five citizen
members and two alternate members, appointed by the Village President
subject to confirmation by the Village Board, for staggered three-year
terms of office. The members shall serve with compensation as determined
by the Village Board and fixed by ordinance and shall be removable
by the Village Board for cause upon written charges and upon public
hearing. The Village President shall designate one of the members
Chairman.
The Zoning Board of Appeals shall have the following powers:
A. 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 any Village Zoning Code or any ordinance adopted under § 62.23, 61.35
or 62.231 (wetlands), § 87.30 or 281.31 (floodplains) or
Chapter 91 (farmland preservation), Wis. Stats.
B. To hear and decide special exceptions to the terms of the Village
zoning and floodplain zoning regulations upon which the Board of Appeals
is required to pass.
C. To authorize, upon appeal in specific cases, such variance from the
terms of the Village zoning regulations 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 of the Zoning Code shall be observed, public safety and
welfare secured and substantial justice done; provided, however, that
no such action shall have the effect of establishing in any district
a use or uses not permitted in such district. The Zoning Board of
Appeals shall not grant use variances in floodplain or wetland and
conservancy districts. In all other districts, no use variance shall
be granted unless the applicant has first petitioned for a zoning
amendment or a conditional use permit, if applicable, and upon a showing
that no lawful and feasible use of the subject property can be made
in the absence of such variance. Any use variance granted shall be
limited to the specific use described in the Board's decision and
shall not permit variances in yard, area or other requirements of
the district in which located.
D. To permit the erection and use of a building or premises in any location
subject to appropriate conditions and safeguards in harmony with the
general purposes of the Zoning Code for such public utility purposes
which are reasonably necessary for public convenience and welfare.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E. The Zoning Board of Appeals may reverse or affirm, wholly or in part,
or may modify any order, requirement, decision or determination appealed
from, and may make such order, requirement, decision or determination
as in its opinion ought to be made. If a quorum is present, the Board
of Appeals may take action under this subsection by a majority vote
of the members present. The grounds of every such determination shall
be stated and recorded. No order of the Zoning Board of Appeals granting
a variance shall be valid for a period of longer than six months from
the date of such order unless the zoning permit is obtained within
such period and the erection or alteration of a building is started
or the use is commenced within such period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]