Under the provisions of § 62.23(7)(e), Wisconsin Statutes, there is hereby established a Board of Appeals.
[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.
A. 
An application for one of the variances of land specified in this chapter shall be made by filing a written application on a form provided by the Town or its representative and pay a processing fee as identified on the form. Such applications shall:
(1) 
State the name and address of applicant and owner.
(2) 
State the location of property for which the variance is sought.
(3) 
State the specific variance desired.
(4) 
State the facts sufficient and demonstrate that the findings prescribed in § 285-89 exist and support such statements with any plans and/or data as are required by the Board.
B. 
The Board shall hold a public hearing on such matter and give notice as provided in the state statutes.
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.
A. 
In exercising the above-mentioned powers, such Board may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as 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 issuance of a variance.
B. 
The concurring vote of a majority of 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 under this chapter, or to effect any variation in such ordinance. The grounds of every such determination shall be stated.
C. 
Reasonable special conditions and safeguards for the protection of the public health, safety and welfare may be imposed by the Board if it grants the application for variance.
D. 
Nothing herein contained shall be construed to give or grant to the Board of Appeals the power or authority to alter or change the Zoning Ordinance or the District Map; such power and authority being reserved to the Town Board.
E. 
No variance shall be issued unless the Board shall find that the variance is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare and that such building or use shall comply with all other regulations in the district in which it is proposed to be located.