[Adopted as § 2-4-2 of the 1997 Code of Ordinances]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A Zoning Board of Appeals shall be appointed and governed by the state zoning enabling law as contained in § 62.23, Wis. Stats., Chapter 580, Zoning, and this section. The laws of the state and Village ordinances shall prevail, in that order. The Zoning Board of Appeals shall consist of five citizen members and two alternate members, appointed by the Village President subject to confirmation by the Village Board, for a three-year term of office. The members shall be removable by the Village Board for cause upon written charges and upon public hearing. The Village President shall designate one of the members Chairperson.
The Zoning 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 made by an administrative official in the enforcement of any Village Zoning Code or any ordinance adopted under §§ 62.23, 61.35 or 62.231 (wetlands), 87.30 or 281.31 (floodplains) or Chapter 91, Farmland Preservation, Wis. Stats.
B. 
To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations upon which the Board of Appeals is required to pass.
C. 
To authorize, upon appeal in specific cases, such variance from the terms of the Village zoning regulations as will not be contrary to the public interest, where owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of Chapter 580, Zoning, shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district. The Zoning Board of Appeals shall not grant use variances in floodplain or wetland and conservancy districts. In all other districts, no use variance shall be granted unless the applicant has first petitioned for a zoning amendment or a conditional use permit, if applicable, and upon a showing that no lawful and feasible use of the subject property can be made in the absence of such variance. Any use variance granted shall be limited to the specific use described in the Board's decision and shall not permit variances in yard, area or other requirements of the district in which it is located.
D. 
To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of Chapter 580, Zoning, for such purposes which are reasonably necessary for public convenience and welfare.
E. 
The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as in its opinion ought to be made. If a quorum is present, the board of appeals may take action under this subsection by a majority vote of the members present. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
All meetings and hearings of the Zoning Board of Appeals shall be open to the public, except that the Board may go into executive session to deliberate after a hearing or an appeal. The final vote on an appeal shall be taken in open session by roll call vote, recorded and open for public inspection in the Board's office. Public notice of all regular and special meetings shall be given to the public and news media as required by the Wisconsin Open Meeting Law.[1]
[1]
Editor's Note: See § 19.81 et seq., Wis. Stats.
B. 
Special meetings may be called by the Chairperson or by the Secretary at the request of two members. Notice of a special meeting shall be mailed to each member at least 48 hours prior to the time set for the meeting, or announcement of the meeting shall be made at any meeting at which all members are present.
C. 
Hearings may be held at any regular or special meeting at the time set by the Chairperson.
D. 
A quorum for any meeting or hearing shall consist of four members, but a lesser number may meet and adjourn to a specified time.
E. 
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 examination and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this Code of Ordinances or with the applicable Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
No board member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the Chairperson shall direct an alternate member to act instead. Disqualification of a member for interest shall not decrease the number of votes required for acting upon any matter, but such member may be counted in determining whether a quorum is present for the transaction of business.
A Class 2 notice pursuant to Ch. 985, Wis. Stats., shall be published in the official newspaper of the Village specifying the date, time and place of the hearing and matters to come before the Board of Appeals. Notices shall also be mailed to parties at interest, as determined by the Board of Appeals.
The Village Board shall provide suitable offices for holding hearings and the preservation of records, documents, and accounts.