[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Where the developer alleges that extraordinary hardships or particular
difficulties may result from strict compliance with these regulations,
he/she may request a variance from the regulations so that substantial
justice may be done and the public interest secured, provided that
such variance or exception shall not have the effect of nullifying
the intent and purpose of this chapter. Application for any such variance
shall be made, in writing, by the developer to the Village Clerk-Treasurer
at the time when the preliminary plat or certified survey is filed
for consideration, stating fully all facts relied upon by the applicant,
and shall be supplemented with maps, plans, or other additional data
which may aid Village officials in the analysis of the proposed project.
The plans for such development shall include such covenants, restrictions
or other legal provisions necessary to guarantee the full achievement
of the plan. The Village Clerk-Treasurer may request that the Village
Engineer, Village Attorney or other officials review each situation
to ensure that the request is consistent with the requirements and
standards of this chapter. Such application shall be submitted to
the Zoning Board of Appeals. The previous granting of variances in
the same or similar circumstances shall not of itself constitute grounds
for the granting of a variance or exception.
B. The Zoning Board of Appeals shall not grant a variance unless it
shall make findings based upon the evidence presented to it in each
specific case that, along with all other findings required to be made
under the general variance ordinances:
(1) Failure to grant the variance may be detrimental to the public safety,
health or welfare or injurious to other property or improvements in
the neighborhood in which the property is located;
(2) The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable generally to other property;
(3) Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the developer would result, as distinguished from a mere inconvenience,
in financial hardship or self-imposed hardship, if the strict letter
of the regulations were carried out;
(4) There would be no costs (present or future) to the Village resulting
from the granting of the variance.
C. Variances from the strict application of this chapter may also be
granted in accordance with this chapter in the case of Planned Unit
Developments, provided that such proposed development is fully consistent
with the purpose and intent of this chapter, Village Zoning Ordinances,
and any Village Comprehensive Plan.
Pursuant to § 236.293, Wis. Stats., any restriction
placed on platted lands by covenant, grant of easement, land division,
certified survey, or consolidation approval, which was required by
the Village and which names a public body or public utility as grantee,
promisee or beneficiary, vests in the public body or utility the right
to enforce the restriction by law or in equity against anyone who
has interest in the land subject to the restriction. The restriction
may be released or waived by resolution of the Village Board.