The appropriate Board created in accordance with Chapter
19, Article
VII, of this Code and under § 62.23(7)(e), Wis. Stats., for cities or villages is hereby authorized to act as Zoning Board of Appeals for the purposes of this chapter and Chapters
546 and
559 of this Code.
A. The Zoning Board of Appeals shall exercise the powers conferred by
Wisconsin Statutes and adopt rules for the conduct of business.
B. The Zoning Board of Appeals shall be granted the duties and powers as determined by Village ordinance, Chapter
19, Article
VII, of the Code.
The Zoning Board of Appeals shall:
A. 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 or administration of this chapter and Chapters
546 and
559 of this Code. Appeals:
(1) May be taken by any person aggrieved or by an officer, department,
board or bureau of the Village affected by any decision of the Zoning
Administrator or other administrative officer.
(2) Shall be taken within 30 days, as provided by the rules of the Board,
by filing with the Zoning Administrator and with the Zoning Board
of Appeals a notice of appeal specifying the reasons for appeal.
(3) Shall be transmitted by the Zoning Administrator, including all the
papers constituting the record concerning the matter.
B. Hear and decide disputes concerning district boundaries shown on
the Official Zoning Map, floodplain, shoreland, and/or wetland maps.
C. Hear and decide, upon appeal, variances from the dimensional standards of this chapter and Chapters
546 and
559 of this Code.
D. Hear and decide special exceptions to the terms of this chapter and Chapters
546 and
559 of this Code upon which the Zoning Board of Appeals is required to pass.
E. Authorize, upon appeal in specific cases, such variance from the terms of this chapter and Chapters
546 and
559 of this Code 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 this chapter and Chapters
546 and
559 of this 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.
F. 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 this chapter and Chapters
546 and
559 of this Code, for such purposes which are reasonably necessary for public convenience and welfare.
G. 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, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) If a quorum is present, the Zoning Board of Appeals may take action
by a majority vote of the members present.
(2) The grounds of every such determination shall be stated and recorded.
(3) Unless specifically set forth in the order itself, no order of the
Zoning Board of Appeals granting a variance shall be valid for a period
longer than six months from the date of such order unless the building
permit is obtained within such period and the erection or alteration
of a building is started or the use is commenced within such period.
The final disposition of an application or appeal before the
Zoning Board of Appeals shall be in the form of a written decision:
A. Made within a reasonable time after the public hearing.
B. Signed by the Board Chairperson.
C. State the specific facts which are the basis of the Board's determination.
D. Shall either affirm, reverse, or modify the requirement, decision,
or determination appealed, in whole or in part, dismiss the appeal
for lack of jurisdiction or prosecution, or grant the application
for a variance.
E. Mail a copy of the decision to the parties of interest (including
the Department of Natural Resources, when necessary) within 10 days
after the decision is issued.