The Zoning Board of Appeals is ordinarily given the following
duties and responsibilities:
The following are principles that shall guide the Board of Appeals:
A.
The burden is upon the appellant to prove the need for a variance.
B.
Pecuniary hardship, loss of profit, self-imposed hardships, such
as that caused by ignorance, deed restrictions, proceeding without
a permit, or illegal sales, are not sufficient reasons for granting
a variance.
C.
The Board is bound to accept this chapter and map as being correct.
D.
The plight of the appellant must be unique, such as a shallow or
steep parcel of land, or a situation caused by other than his own
action.
E.
The hardship justifying a variance must apply to individual appellants'
parcel or structure and not generally to other properties in the same
district.
F.
The variance must not be detrimental to adjacent properties.
G.
The Board of Appeals in fulfilling its duties may modify, alter or
change any application.
There is hereby established a Board of Appeals for the Village
of Birnamwood for the purpose of hearing appeals and applications
and granting variances and exceptions to the provisions of this chapter
in harmony with the purpose and intent of this chapter.
The Board of Appeals shall consist of five members appointed
by the Village President and confirmed by the Village Board.
A.
Terms. Terms shall be staggered three-year periods.
B.
Chairman. Chairman shall be designated by the Village President.
C.
Alternates. Two alternate members shall be appointed by the Village
President for terms of three years and shall act only when a regular
member is absent or refuses to vote because of interest.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Secretary. Secretary shall be the Village Clerk-Treasurer.
E.
Planning Administrator. The Planning Administrator shall attend all
meetings for the purpose of providing technical assistance when requested
by the Board.
F.
Oaths. Official oaths shall be taken by all members in accordance
with § 19.01, Wis. Stats., within five days of receiving
notice of their appointment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Vacancies. Vacancies shall be filled for the unexpired term in the
same manner as appointments for a full term.
H.
Legal counsel. Legal counsel representing the Village shall attend
all meetings.
I.
No member of the Board of Appeals shall serve for two consecutive
terms.
The Board of Appeals shall organize and adopt rules of procedure
for its own government in accordance with the provisions of this chapter.
A.
Meetings. Meetings shall be held at the call of the Planning Administrator
and shall be open to the public.
B.
Minutes. Minutes of the proceedings and a record of all actions shall
be kept by the Secretary, 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.
C.
Vote. If a quorum is present, the Board of Appeals may take action
under this subsection by a majority vote of the members present to
correct an error, grant a variance, make an interpretation, and permit
a temporary use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Board of Appeals shall have the following powers:
A.
Errors. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by the
Planning Administrator.
B.
Variances. To hear and grant appeals for variances 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 and purposes of this chapter shall be
observed and public safety, welfare and justice secured. Use variances
shall not be granted.
C.
Interpretations. To hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Village Planning Committee has made a review and recommendation.
D.
Temporary uses. To hear and grant applications for temporary uses
in any district, provided that such uses are of a temporary nature
and are compatible with the neighboring uses and the Village Planning
Committee has made a review and recommendation. The permit shall be
temporary, revocable, subject to any conditions required by the Board
of Appeals, and shall be issued for a period not to exceed 12 months.
Compliance with all other provisions of this chapter shall be required.
E.
Permits. The Board may reverse, affirm wholly or partly, modify the
requirements appealed from, and may issue or direct the issue of a
permit.
F.
Assistance. The Board may request assistance from other Village officers,
departments, commissions, and boards.
G.
Oaths. The Chairman may administer oaths and compel the attendance
of witnesses.
Appeals from the decision of the Planning Administrator 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 30 days after
the date of written notice of the decision or order of the Planning
Administrator. 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 application shall include
the following:
A.
Name and address. Name and address of the appellant or applicant
and all abutting and opposite property owners of record.
B.
Information: All information required for a building permit.
C.
Additional information. Additional information required by the Village
Planning Committee, Village Engineer, Board of Appeals, or Planning
Administrator.
D.
Fee receipt. Receipt for a fee in an amount as set from time to time
by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Board of Appeals shall fix a reasonable time and place for
the hearing, give public notice thereof at least 10 days prior, and
shall give due notice to the parties in interest, the Planning Administrator,
and the Village Planning Committee. At the hearing the appellant or
applicant may appear in person, by agent or by attorney.
No variance to the provisions of this chapter shall be granted
by the Board unless it finds beyond a reasonable doubt that all the
following facts and conditions exist and so indicates in the minutes
of its proceedings:
A.
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
would not be of so general or recurrent a nature as to suggest that
this chapter should be changed.
B.
Preservation of property rights. That such variance is necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same district and same vicinity.
C.
Absence of detriment. That the variance will not create substantial
detriment to adjacent property and will not materially impair or be
contrary to the purpose and spirit of this chapter or the public interest.
The Board of Appeals shall decide all appeals and applications
within 30 days after the final hearing and shall transmit a signed
copy of the Board's decision to the appellant or applicant, Planning
Administrator and Village Planning Committee.
Any person or persons aggrieved by any decision of the Board
of Appeals may present to the court of record a petition duly verified
setting forth that such decision is illegal and specifying the grounds
of the illegality. Such petition shall be presented to the court within
30 days after the filing of the decision in the office of the Zoning
Board of Appeals.
