Pursuant to §§ 62.23(7)(e) and 61.35, Wis. Stats., a Zoning Board of Appeals (ZBA) is established to undertake the responsibilities as defined in this chapter and as allowed by state law.
A. 
Administrative appeals. The Zoning Board of Appeals (ZBA) shall hear and decide administrative appeals consistent with the requirements in Article 7 of this chapter where it is alleged that the Zoning Administrator failed to act as required by this chapter; made an error in issuing a permit or in denying an application; made an error in enforcement; or made an error in an interpretation or any other determination. In exercising these powers, the ZBA may compel the administrative official to act as required or reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination being appealed 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.
B. 
Variances. The Zoning Board of Appeals shall hear and decide variances consistent with the requirements in Article 7 of this chapter.
C. 
Right to enter. The Zoning Board of Appeals, along with its individual members and authorized agents, may enter upon land, with proper identification, which is the subject of a pending application.
D. 
Amendments to this chapter. The Zoning Board of Appeals may recommend amendments to this chapter to the Village Board as it deems advisable.
The Chairperson of the Zoning Board of Appeals or Acting Chairperson may administer oaths and compel the attendance of witnesses.
A. 
Number and appointment. The Zoning Board of Appeals shall consist of five regular members appointed by the Village President with the approval of the Village Board.
B. 
Alternates. The Village President with the approval of the Village Board shall appoint two alternates to the Zoning Board of Appeals for staggered three-year terms and annually appoint one of them as the first alternate and the other as the second alternate.
C. 
Considerations in making appointments. Regular members and alternates of the Zoning Board of Appeals shall reside in the Village of Fox Crossing. A Village official, Village employee, or Planning Commissioner shall not serve as a regular member or as an alternate.
D. 
Terms. Each regular member and alternate on the Zoning Board of Appeals shall be appointed to hold office for a period of three years, except those regular members first appointed as follows: one shall serve for one year, two for two years, and two for three years. Terms shall commence and expire on April 1 of the appropriate year. The incumbent members shall continue to serve until their term expires.
E. 
Vacancies. Vacancies on the Zoning Board of Appeals shall be filled for the unexpired term of any member or alternate whose term becomes vacant.
F. 
Removal. The Village President may remove a regular member or an alternate from the Zoning Board of Appeals for just cause.
The Zoning Board of Appeals shall choose a Chairperson from among its regular members.
The Zoning Board of Appeals may adopt rules of procedure to carry out its purposes. All such rules shall conform to this chapter, other Village and county regulations, and state law and shall be filed in the office of the Village Clerk.
Meetings of the Zoning Board of Appeals shall be open to the public unless conducted in closed session as authorized by state law. Meetings, except for site visits, shall be conducted at the Municipal Complex or in such other public place as may be selected by the ZBA.
The Zoning Board of Appeals shall keep minutes of its proceedings. Minutes, once approved by the ZBA, shall constitute a public record and shall be kept in the office of the Village Clerk. The ZBA may amend previously adopted minutes provided such revision is based on substantive evidence.
Meetings shall be held at the call of the Chairperson and at such other times as the Zoning Board of Appeals may determine.
A. 
Requirements for quorum. A quorum shall consist of four voting members.
B. 
Requirements for voting. A decision of the Zoning Board of Appeals shall be by majority vote of the members present at a meeting in which a quorum is in attendance and voting.
C. 
Disqualification or voluntary abstention. A member shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present when:
(1) 
The member has a direct financial interest in the outcome of the matter at issue;
(2) 
The member has such close personal ties to the applicant, the project, or to a party opposing the application that the member cannot reasonably be expected to exercise sound judgment in the public interest;
(3) 
Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or
(4) 
Another law precludes participation.
D. 
Voting by alternates. The first alternate may vote only when one of the regular members of the Zoning Board of Appeals is absent or is not able to vote on a pending matter. The second alternate may vote only when the first alternate is absent or is not able to vote or when more than one regular member is absent or is not able to vote.
The regular members and alternates of the Zoning Board of Appeals may be compensated as determined by the Village Board.