A Board of Appeals is hereby established. The Board of Appeals shall consist of five members appointed by the Town Chairperson, subject to confirmation by the Town Board. Members shall serve without compensation, shall reside within the Town of St. Joseph, and shall be removable by the Town Chairperson for cause, upon written charges and after public hearing. Two alternate members shall be appointed by the Town Chairperson. The Board of Appeals shall appoint one of its members as Secretary of the Board unless the Town Board shall authorize the employment of a secretary.
The Board of Appeals may have separately adopted rules for its operation and procedure. At all times, such rules shall operate in accordance with the provisions of this chapter, shall regulate procedural and substantive aspects of Board operations and in that way shall serve to implement, without being part of the chapter.
The Board of Appeals shall keep minutes of its proceeding, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, in the office of the Board.
A. 
Taking of appeals. Appeals to the Board of Appeals alleging error in administration of this chapter may be taken by any person aggrieved, or by any officer, department, board or committee of the Town of St. Joseph affected by a decision of the Town Board in administering said ordinances, and shall be processed pursuant to the rules of the Board of Appeals.
B. 
Stay. An appeal to the Board of Appeals shall stay all legal proceedings in furtherance of the action being appealed from unless the Town Board or administrative officer whose decision is being appealed to the Board certifies to the Board after the appeal has been filed and that, by reason of facts stated in the certificate, a stay would, in the opinion of the Town Board or administrative officer, cause imminent peril to life or property. In such case, legal proceedings shall not be stayed except by a restraining order which may be granted by a court of record on application, on notice to the Town and on due cause shown.
C. 
Powers of Board of Appeals. The Board of Appeals shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made in the enforcement of this chapter, and to authorize upon appeal in specific cases such variance from the requirements of this chapter as will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of any provision of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
A. 
A use variance means an authorization by the Board of Appeals under this article to allow the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning ordinance and is available only when a property owner will have no reasonable use of the property without a use variance.
B. 
An area variance is available only when strict compliance with Town regulations governing area, setbacks, frontage, height, bulk or density will unreasonably prevent an owner from using property for a permitted purpose or will render conformity with those regulations unnecessarily burdensome.
A. 
Application.
(1) 
A variance application shall be filed with the Town Clerk/Treasurer. Applications may be made by the owner or authorized agent of the owner of the land affected by the application. The application shall contain the following information:
(a) 
Name and address of applicant and all abutting and opposite property owners of record.
(b) 
Address and legal description of the property.
(c) 
A to-scale drawing showing the boundaries and location of the property, the location and dimensions of all buildings and structures, slopes, public and private roads crossing or contiguous to the property and the location of a distance to the nearest residences in all directions.
(d) 
Such additional information as may be required by the Plan Commission, Town Engineer or Board of Appeals or pursuant to its rules.
(e) 
Fee in the amount set by the Town Board.
(2) 
Applicants shall consult the rules of the Board before submitting an application and shall fully comply with the rules' requirements.
B. 
Burden of proof. An applicant seeking a variance has the burden of proof.
(1) 
To show the level of practical difficulty or unnecessary hardship needed for an area variance, an applicant must show that compliance with this chapter's requirement from which relief is sought either prevents the use of the land for an otherwise permitted purpose or is unnecessarily burdensome. The unnecessary hardship or practical difficulty being shown cannot be self-created, must be unique to the property and must be linked to the physical characteristics of the land for which the variance is sought. The applicant should be prepared to show what actions would be necessary to comply with the chapter requirement from which relief is being sought.
(2) 
To show the level of practical difficulty or unnecessary hardship needed for a use variance, an applicant must show that no reasonable use of the property can be made without the variance.
C. 
Hearings. Board hearings on variance applications shall be conducted in compliance with the rules and bylaws of the Board. Meaningful advance notice of such hearings shall be given at least 10 days before the hearing to all abutting landowners and owners of non-abutting property located within 300 feet of the perimeter property lines of the parcel that is the subject of the application, by or under the direction of the Town Clerk/Treasurer.
D. 
Action of the Board of Appeals. Following the hearing on the application, the Board of Appeals shall determine whether the applicant has shown unnecessary hardship or practical difficulty after first reviewing the information provided to it, after examining what the zoning regulation at issue is intended to accomplish and after considering concerns related to the welfare of the public such as safety, especially in the immediate area, property values, especially in the immediate area, uniformity of appearance and uniformity of treatment.
E. 
Finding required.
(1) 
Before the Board can grant a variance, it must evaluate the hardship in light of the purpose of the zoning restriction at issue and find that:
(a) 
The applicant has established specific unnecessary hardship or practical difficulty will result in the absence of the granting of the variance being sought, that is unique to the property involved and that is not self-created.
(b) 
Granting the variance is necessary, will do substantial justice and secure public safety and welfare and is consistent with the intent and purpose of the regulations in this chapter from which relief is being sought.
(c) 
Granting the variance will not damage the rights or property values of other persons in the area and will not interfere with or increase the cost of plans of the Town, county, state or federal governments in the area, absent the most unusual, extreme or compelling circumstances.
(2) 
A request for a variance to lot density or impervious surface requirements shall be evaluated in the context of the related portions of the Town's subdivision ordinance.
F. 
Conditions. The Board of Appeals may impose such conditions and restrictions upon the premises receiving a variance as it determines to be necessary for consistency of result with the standards and requirements herein and with special emphasis on requirements for area variances that will maintain and protect consistency with the character, appearance and parcel based proportion of area-to-structure found in adjacent and neighborhood development and on requiring mitigating measures such as plant, fence or earth-based screening that will avoid or permanently reduce the adverse effect of the variance on present and planned adjacent and neighborhood development.
As provided in Wis. Stats., § 62.23(7)(e)10, any person or person aggrieved by any decision of the Board of Appeals or any taxpayer or any officer, department, board or bureau of the Town may, within 30 days after the filing of the decision in the office of the Board of Appeals, commence an action seeking certiorari review and related remedies.