[Ord. No. 700, § VI, 1-21-2003]
There is hereby established a board of zoning and building appeals
for the Village of Mukwonago with the powers as set forth under W.S.A.,
§ 62.23(7)(e).
[Ord. No. 700, § VI, 1-21-2003; Ord. No. 835, § I, 1-18-2011]
(a)
The board of zoning and building appeals shall consist of seven members,
five regular voting members and two alternate members (first and second
alternate), who shall be qualified to vote in the absence of a regular
voting member, appointed by the Village President and confirmed by
the Village Board.
(1)
The secretary and the office of the board of zoning and building
appeals shall be the Village Clerk and the Village Clerk's office.
(2)
The Building Inspector shall attend all meetings for the purpose
of providing technical assistance when requested by the board.
(3)
Official oaths shall be taken by all members in accordance with
W.S.A., § 19.01, within 10 days of receiving notice of their
appointment.
[Ord. No. 700, § VI, 1-21-2003]
(a)
The board of zoning and building appeals shall organize and adopt
rules of procedure for its own government in accordance with W.S.A.
§ 62.23(7)(e)(3).
(1)
Meeting shall be held at the call of the chairman and shall
be open to the public.
(2)
Minutes of the proceedings and a record of all action shall
be kept by the secretary, or other designated person, showing the
vote of each member upon each question, the reasons for the board's
determination, and its finding of facts. These records shall be immediately
filed in the office of the board and shall be a public record.
(3)
The concurring vote of four members of the board of zoning and
building appeals shall be necessary to reverse any order, requirement,
decision or determination of any administrative official; grant a
variance; make an interpretation; or authorize alternate materials
or methods of construction. However, a conditional use permit may
be approved by a simple majority.
[Ord. No. 700, § VI, 1-21-2003]
The board of zoning and building appeals shall have the powers
as set forth in W.S.A., § 62.23(7)(e)7, 8. The board of
zoning and building appeals may request assistance from other Village
officers, departments, commissions and board, and the chairman may
administer oaths and compel the attendance of witnesses.
[Ord. No. 700, § VI, 1-21-2003]
(a)
Appeals of the decision of the Building Inspector, Zoning Administrator
and any administrative official concerning the literal enforcement
of this chapter may be made by any person aggrieved or by any officer,
department, board or bureau of the Village. Such appeals shall be
filed with the secretary within 60 days after the date of written
notice of the decision or order of the Building Inspector or any administrative
official. Applications may be made by the owner or lessee of the structure,
land or water to be affected at any time and shall be filed with the
secretary. Such appeals and applications shall include the following:
(1)
Name and address of the appellant or applicant and all abutting
and opposite property owners of record.
(2)
Plat of survey prepared by a registered land surveyor showing all of the information required under § 100-14 for a building permit.
(3)
Additional information required by the Village plan commission,
Village engineer, Zoning Administrator, board of zoning and building
appeals or Building Inspector.
[Ord. No. 700, § VI, 1-21-2003]
The board of zoning and building appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in Article XIV, and shall give due notice to the parties in interest, the Building Inspector, the Village plan commission and the DNR if appropriate. At the hearing, the appellant may appear in person, by agent, or by attorney.
[Ord. No. 700, § VI, 1-21-2003]
The board of zoning and building appeals shall transmit a copy
of each application for a variance to conservancy regulations in a
shoreland or to floodland regulation, and a copy of all shoreland
and floodland appeals, to the Wisconsin Department of Natural Resources
(DNR) for review and comment at least 10 days prior to any public
hearings. Final action on the application shall not be taken for 30
days or until the DNR has made its recommendation, whichever comes
first. A copy of all decisions relating to variances to conservancy
regulations in a shoreland or to floodland regulations, and a copy
of all decisions to shoreland and floodland appeals, shall be transmitted
to the DNR within 10 days of the date of such decisions.
[Ord. No. 700, § VI, 1-21-2003]
(a)
Except for conditional use permits, no variance to the provisions
of this chapter shall be granted by the board of zoning and building
appeals unless it finds beyond a reasonable doubt that all the following
facts and conditions exist and indicates such in the minutes of its
proceedings:
(1)
Preservation of intent: No variance shall be granted that is
not 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 conditional use in that particular
district.
(2)
Exceptional circumstances: There must 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
should not be of so general or recurrent nature as to suggest that
this chapter should be changed.
(3)
Economic hardship and self-imposed hardship not grounds for
variance: No variance shall be granted solely on the basis of economic
gain or loss. Self imposed hardships shall not be considered as grounds
for the granting of a variance.
(4)
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.
(5)
Absence of detriment: No variance shall be granted that will
create substantial detriment to adjacent property or that will materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
[Ord. No. 700, § VI, 1-21-2003]
The procedures set forth in Division 7 of Article II of this chapter shall be used by the board of zoning and building appeals in hearing and deciding disputes concerning the floodplain/shoreland-wetland boundaries shown on the official zoning map.
[Ord. No. 700, § VI, 1-21-2003]
(a)
The board of zoning and building appeals shall decide all appeals
and applications within 30 days after the public hearing and shall
transmit a signed copy of the board's decision to the appellant or
applicant, Building Inspector, Village plan commission, (and DNR if
required).
(1)
Conditions may be placed upon any building permit ordered or
authorized by this board.
(2)
Variances, substitutions or use permits granted by the board
shall expire within six months unless substantial work has commenced
pursuant to such grant.
(3)
Applicants receiving variances in floodlands shall be notified,
in writing, by the board that increased flood insurance premiums may
result from the granting of the variance. The board shall keep a record
of the notifications in its files.
(4)
A copy of all decisions granting or denying a variance to the
floodland and shoreland provisions of this chapter and all conditional
use permits granted shall be transmitted by the secretary of the board
of zoning and building appeals to the state department of natural
resources within 10 days.
[Ord. No. 772, § III, 11-15-2005]
Fees for a variance request and requests for a conditional use,
unspecified use, home occupation conditional use and professional
home office conditional use permits shall be specified in the most
current Village Board resolution.
