[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board of Appeals shall consist of five members appointed
by the Town Chairperson and subject to confirmation of the Town Board
for terms of three years. The members of the Board shall serve at
such compensation to be fixed by resolution. The Town Chairperson
shall designate one of the members Chairperson. Vacancies shall be
filled for the unexpired terms of members whose terms become vacant.
The Board shall adopt rules in accordance with the provisions
of this article. Meetings of the Board shall be held at the call of
the Chairperson and at such other times as the Board may determine.
Such Chairperson, or in his absence, the acting Chairperson, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public. The Board 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 Board and shall
be a public record.
The 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 by an administrative
official in the enforcement of this chapter.
(1) Appeals to the Board of Appeals may be taken by any person aggrieved
or by any officer of the Town affected by any decision of the Zoning
Administrator. Such appeal shall be taken within 20 days of filing
with the Zoning Administrator and with the Board of Appeals a notice
of appeal specifying the grounds thereof. The Building Inspector shall
forthwith transmit to the Board all the papers constituting the record
upon which the appeals action was taken.
(2) The Board of Appeals shall fix a reasonable time for the hearing
of the appeal or other matter referred to it, and give public notice
thereof by a Class 2 notice under Chapter 985, Wis. Stats., as well
as due notice to the parties in interest, and decide the same within
a reasonable time. Upon hearing, any party may appear in person or
by agent or by attorney.
[Amended 12-9-2021 by Ord. No. 2021-06]
B. To permit the extension of a district where the boundary line of
a district divides a lot in single ownership as shown of record.
C. To interpret the provisions of this chapter where the street layout
on the ground differs from Official Zoning Map.
D. To authorize upon appeal in specific cases, a variance from the standards
of the chapter as will not be contrary to the public interest. A variance
for uses shall not be granted by the Board of Appeals.
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 which require
an amendment to this chapter. Variances shall only be granted when
the Board of Appeals finds that:
A. The variance is not contrary to the public interest and that such
variance will be in general harmony with the purposes and intent of
this chapter.
B. That the granting of the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands or structures in the same district.
C. Special circumstances and conditions exist which are peculiar to
the land, structure or building involved and which are not generally
applicable to other lands, structures, or buildings in the same district.
D. The hardship results from the strict application of this chapter
and is not the result of self-created or self-imposed circumstances.
E. Greater profitability, lack of knowledge of restrictions and other
variances granted under similar circumstances are not being considered
as sufficient cause for a variance.
F. Nonconforming uses of neighboring lands, structures or buildings
in the same district, and permitted or nonconforming uses of lands,
structures or buildings in other districts are not being considered
as grounds for issuance of a variance.
G. That the variance is compatible with adjacent existing uses and structures
or uses and structures likely to develop which are permitted in the
district.