There is hereby established a Board of Zoning and Building Appeals in the City of Franklin for the purpose of hearing appeals and applications, and granting variations and exceptions to the provisions of Chapter
30 "Building Code" of the City of Franklin Municipal Code and this Ordinance in harmony with the purpose and intent of the Unified Development Ordinance.
The Board of Zoning and Building Appeals shall consist of five
members appointed by the Mayor and confirmed by the Common Council.
In addition:
A. Terms. Terms of the Board of Zoning and Building
Appeals shall be staggered three-year periods.
B. Chairman. The chairman of the Board of Zoning and
Building Appeals shall be designated by the Mayor.
C. Alternate Member. Two alternate members of the Board
of Zoning and Building Appeals, designated first alternative and second
alternative respectfully may be appointed by the Mayor for a term
of three years and shall act only when a regular member is absent
or refused to vote because of conflict of interest.
D. Zoning Administrator and Building Inspector. The
Zoning Administrator shall attend, and the Building Inspector may
attend, all meetings of the Board of Zoning and Building Appeals for
the purpose of providing technical assistance when requested by the
Board.
E. Secretary. The Zoning Administrator, or Zoning Administrator's
assignee, shall be the recording secretary of the Board of Zoning
and Building Appeals.
F. Official Oaths. Official Oaths shall be taken by
all members of the Board of Zoning and Building Appeals in accordance
with § 19.01 of the Wisconsin Statutes within 10 days of
receiving notice of their appointment.
G. Vacancies. Vacancies of the Board of Zoning and
Building Appeals shall be filled for the unexpired term in the same
manner as appointments for a full term within one-month of the occurrence
of the vacancy.
H. "Statement of Economic Interest" Requirements. Members
shall comply with the City of Franklin's "Statement of Economic Interest"
policy requirements.
I. Decisions. The concurring vote of four members of
the board 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 any variation in such Ordinance.
The Board of Zoning and Building Appeals shall organize and
adopt rules of procedure for its own government in accordance with
the provisions of this Ordinance.
A. Meetings. Meetings of the Board of Zoning and Building
Appeals shall be held at the call of the Chairman and shall be open
to the public.
B. Minutes. Minutes of the proceedings of the Board
of Zoning and Building Appeals and a record of all actions shall be
kept by the Secretary, showing the vote of each member upon every
question, the reasons for the Board's determination, and its findings
of facts. These records shall be immediately filed in the office of
the Board and shall be a public record.
The Board of Zoning and Building Appeals shall have the following powers pertaining to the City of Franklin's zoning regulations and Chapter
30 "Building Code" of the City of Franklin's Municipal Code:
A. Errors. 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 the Building Inspector; and also
where it is alleged there is an error in any order, requirement, decision
or determination made by the Fire Official, to hear and decide an
appeal of such error pursuant to and upon the standards set forth
in §§ 26.10 and 26.11 of the City of Franklin Municipal
Code.
B. Variances and Minor Variances. To hear and grant
applications for variances (except variances relating to land divisions)
pursuant to the provisions of § 62.23(3) of the Wisconsin
Statutes as amended from time to time and to hear and grant applications
for minor variances pursuant to this Division of this Ordinance. Use
variances shall not be granted. No variance shall be granted which
may vary any term or provision of this Unified Development Ordinance
as it pertains to any property which is subject to a Special Use resolution
or a Planned Development District ordinance or vary any term of such
Special Use resolution or Planned Development District ordinance itself,
unless the application for such variance is specifically authorized
within such Special Use resolution or Planned Development District
ordinance.
C. Interpretations. To hear and decide applications
for interpretation of the zoning regulations, also to hear and decide
disputes relative to the boundaries of the zoning districts after
the City Plan Commission has made a review and recommendation.
D. 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 City
Plan Commission has made a review and recommendation. Whenever the
Board of Zoning and Building Appeals permits such a substitution,
the use may not thereafter be changed without application.
E. 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 City Plan Commission has made a review and recommendation.
F. Permits. The Board of Zoning and Building Appeals
may reverse, affirm wholly or partly, modify the requirements appealed
from, and may issue or direct the issue of a permit.
G. Assistance. The Board of Zoning and Building Appeals
may request assistance from other City officers, departments, commissions,
and boards.
H. Area Exceptions. The Board of Zoning and Building
Appeals may hear and grant applications for an area exception.
I. Oaths. The Chairman of the Board of Zoning and Building
Appeals may administer oaths and compel the attendance of witnesses.
J. Variances to the Land Division and Platting Provisions
of this Ordinance. The granting of variances to the land division
and platting related aspects of this Ordinance shall be the sole charge
of the City Plan Commission [See State ex rel. Westbrook v. City of
New Berlin, 120 Wis. 2d 256, 354 N.W.2d 206 (Ct. App. 1984)].
No variance to the provisions of this Ordinance shall be granted
by the Board unless it finds beyond a reasonable doubt that all the
following facts and conditions exist and so indicates in the minutes
of its proceedings.
A. Preservation of Intent. Variances shall be consistent
with the purpose and intent of the regulations for the district in
which the development is located. No variance shall have the effect
of permitting a use in any district that is not a stated permitted
use, accessory use, or special use in that particular district.
B. Exceptional Circumstances. There shall 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 the Unified Development Ordinance or Chapter
30 "Building Code" of the City of Franklin Municipal Code should be changed.
C. Economic Hardship and Self-Imposed Hardship Not
Grounds for Variance. Variance shall not be granted solely on the
basis of economic gain or loss. Self-imposed hardships shall not be
considered as grounds for the granting of the variance.
D. Preservation of Property Rights. The variance must
be necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same district and same
vicinity.
E. Absence of Detriment. Variances shall not be granted
that will create substantial detriment to adjacent property and will
materially impair or be contrary to the purpose and spirit of this
Ordinance or the public interest.
F. Additional Requirements in Floodplain Districts.
Variance shall not be granted where:
1. Filling and development contrary to the purpose
and intent of the FW Floodway District and the FC Floodplain Conservancy
District would result.
2. A change in the boundaries of the FW Floodway District,
FC Floodplain Conservancy District, or the FFO Floodplain Fringe Overlay
District would result.
3. A lower degree of flood protection than a point
two feet above the one-hundred-year recurrence interval flood for
the particular area would result.
4. Any action contrary to the provisions of Chapter
NR 116 of the Wisconsin Administrative Code as amended would result.
Any person or persons, jointly or severally aggrieved by any
decision of the Board of Zoning and Building Appeals, or any taxpayer,
or any officer, department, board or bureau of the City, so aggrieved,
may, within 30 days after the filing of the decision in the office
of the Board of Zoning and Building Appeals, commence an action seeking
the remedy available by certiorari, pursuant to § 62.23(7)(e)1.,
Stats., as amended.