There shall be a Vernon Board of Appeals consisting of five
members and two alternates who shall be appointed by the Village Board,
but not more than one trustee may be a member of the Vernon Board
of Appeals. Vernon Board of Appeals members shall be appointed for
terms of one, two, and three years respectively, dating from the first
day of the month next following the appointment. Successors shall
be appointed in like manner at the expiration of each term, and their
terms of office shall be three years in all cases and until their
successors are appointed or elected. The members of the Vernon Board
of Appeals shall all reside within the Village. The Vernon Board of
Appeals shall choose its own chair. The Village Board may compensate
the members of the Vernon Board of Appeals. Vacancies shall be filled
for the unexpired term of any Vernon Board of Appeals member or alternate
whose term becomes vacant.
A.
Meetings. The Vernon Board of Appeals shall adopt rules for the conduct
of the business, in accordance with the provisions of this code and
§ 62.23(7)(e), Wis. Stats. Meetings of the Vernon Board
of Appeals shall be held at the call of the chair and at such other
times as the Vernon Board of Appeals may determine. Such chair, or
in his absence the acting chair, may administer oaths and compel the
attendance of witnesses. All meetings of the Vernon Board of Appeals
shall be open to the public. The Vernon Board of Appeals shall keep
minutes of its proceedings, showing the vote of each member upon each
question, or if absent indicating such fact, and shall keep records
of its examinations and other official actions, all of which shall
be immediately filed in the office of the Vernon Board of Appeals
and shall be a public record.
B.
Appeals.
(1)
Filing. Appeals to the Vernon Board of Appeals may be taken by any
person aggrieved or by any officers, department, board or bureau of
the Village affected by any decision of the Village Zoning Administrator.
Such appeal shall be taken within 65 days as provided by the rules
of the Vernon Board of Appeals, by filing with the Village Zoning
Administrator from whom the appeal is taken and with the Vernon Board
of Appeals a notice of appeal specifying the grounds thereof, together
with the proper fee as established by the Village Board. The Village
Zoning Administrator from whom the appeal is taken shall forthwith
transmit to the Vernon Board of Appeals all papers constituting the
record upon which the action appealed from was taken.
(2)
Stay. An appeal shall stay all legal proceedings in furtherance of
the action appealed from, unless the Village Zoning Administrator
from whom the appeal is taken certifies to the Vernon Board of Appeals,
after the notice of appeal shall have been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Vernon Board of Appeals or by a court of record
on application, on notice to the Village Zoning Administrator from
whom the appeal is taken and on due cause shown.
(3)
Hearing. Each appeal shall be heard within a reasonable time and
not to exceed 65 days from the time the appeal was filed with the
Vernon Board of Appeals. Notice of hearing shall be given by publishing
in a paper of general circulation in the vicinity of the appeal, at
least once each week for two consecutive weeks and not less than seven
days from the date of the hearing. In addition, written notice shall
be given to the Village Zoning Administrator appealed from, and by
certified mail to the applicant, the owners of each parcel of land
within 500 feet of the land in question, and any other specifically
interested parties. The Village shall place a sign in front of the
subject property stating the variance or appeal request, visible from
public road, at least 15 days in advance of the hearing. At the hearing,
any party may appear in person or by agent or by attorney.
(4)
Decisions. Decision on any appeals shall be made in writing within
35 days after completion of the hearing thereon.
C.
Powers.
(1)
Defined. The Vernon Board of Appeals shall have the following powers
as defined by statute: To hear and decide appeals where it is alleged
there is error in any order, requirements, decision, or determination
made by the Village Zoning Administrator in the enforcement of this
code; and to authorize upon appeal, in specific cases, variances from
the terms of this code that will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of this code will result in unnecessary hardship, and so that the
spirit of this code shall be observed and substantial justice done.
(2)
Additional requirements. In making its determination, the Vernon
Board of Appeals shall consider whether the variance or use allowed
by law would be hazardous, harmful, noxious, offensive or a nuisance
to the surrounding neighborhood by reason of physical, social or economic
effects; and may impose such requirements and conditions with respect
to location, construction, maintenance and operation, in addition
to any which may be stipulated in this code, as the Vernon Board of
Appeals may deem necessary for the protection of adjacent properties
and the public interest and welfare.
(3)
Unnecessary hardship burden of proof. A property owner bears the
burden of proving "unnecessary hardship," for an area variance as
defined by the zoning ordinance, by demonstrating that strict compliance
with a zoning ordinance would unreasonably prevent the property owner
from using the property owner's property for a permitted purpose
or would render conformity with the zoning ordinance unnecessarily
burdensome or, for a use variance as defined by this code, by demonstrating
that strict compliance with a zoning ordinance would leave the property
owner with no reasonable use of the property in the absence of a variance.
In all circumstances, the property owner bears the burden of proving
that the unnecessary hardship is based on conditions unique to the
property, rather than considerations personal to the property owner,
and that the unnecessary hardship was not created by the property
owner.
(4)
Performance standards. In order to reach a fair and objective decision,
the Vernon Board of Appeals may utilize and give recognition to appropriate
performance standards which are available in model codes or ordinances,
or which have been developed by planning, manufacturing, health, architectural
and engineering research organizations.
(5)
Enforcement of decision. In exercising the powers set out in this code, the Vernon Board of Appeals may, in conformity with the provisions of this code, reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determination appealed from, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the Village Zoning Administrator from whom the appeal is taken; and may issue or direct the issuance of a zoning use permit provided that no such action shall have the effect of permitting in any district a use prohibited in that district; or rezoning; or of permitting, without the approval of the Village Board, any building within the base setback area as established by § 300-9A or of granting exceptions to any federal, state, county, or local rules or requirements.
(6)
Required vote. If a quorum is present, the Vernon Board of Appeals
may take action under this section by a majority vote of members present.
The grounds of every such determination shall be stated.
(7)
Further appeal. Any person or persons jointly or severally aggrieved
by any decision of the Vernon Board of Appeals, or any taxpayer, or
any officer, department, board or bureau of the Village, may appeal
from a decision of the Vernon Board of Appeals within 30 days after
the filing of the decision in the office of the Vernon Board of Appeals
in the manner provided in § 62.23(7)(e)(10), Wis. Stats.
(8)
Expiration. The owner or petitioner must exercise any variance that
does not involve a permit within three years of the date of the Vernon
Board of Appeals granting the variance, or prior to the expiration
of the permit if a permit is issued contemporaneously with or prior
to the grant of the variance, or the approval shall expire and become
null and void, and no refund of any fees shall be made. The Vernon
Board of Appeals, upon a written request, may grant an extension of
approval without additional fee, prior to such expiration, for good
cause as determined by the Vernon Board of Appeals.
Subject to the provisions of §§ 61.35 and 62.23(7),
Wis. Stats., the Village Board may, from time to time, after first
submitting the proposal to the Village Plan Commission for recommendation,
amend, supplement or change the boundaries of districts or the regulations
as established in this code or which may be subsequently established.
Such proposal may be initiated by the Village Board, the Village Plan
Commission, Village Administrator, or by petition of one or more property
owners.
A.
Procedure.
(1)
Filing of petition. All petitions for any change in the text or map submitted by any person or agency other than the Village Board or the Village Plan Commission shall be prepared in triplicate on printed forms provided for that purpose by the Village Clerk. Such petition shall be filed with the Village Clerk and shall be accompanied by a fee as regulated in § 300-46B(4) and payable to the Village to defray the costs of advertising, investigation, and possible changes in the text or map of this code.
(2)
Data required. In addition to all of the information required on
the application form, in the case of a request for a map amendment,
the applicant shall supply the following:
(a)
A plot map in triplicate drawn to a scale of not less than one-inch
equals 100 feet showing the land in question, its location, the length
and direction of each boundary thereof, the location and existing
use of all buildings on such land and the principal use of all properties
within 300 feet of such land.
(b)
The names and addresses of the owners of all properties within
500 feet of any part of the land included in the proposed change.
(c)
Documentation or a letter of compliance from the Village Planner
that the proposed request complies with the Village of Vernon Comprehensive
Plan.
(d)
Any further information which may be required by the Village
Plan Commission to facilitate the making of a comprehensive report
to the Village Board, including a detailed description of the intended
new use.
(3)
Referral. The Village Clerk shall transmit without delay one copy
of such petition to the Village Plan Commission and Village Board.
(4)
Hearing. The Village shall conduct a joint public hearing with the Village Plan Commission and Village Board with proper notice per § 300-46B.
(5)
Decision.
(a)
The Village Plan Commission shall make a recommendation on the
petition to the Village Board within 75 days of close of the public
hearing.
(b)
Upon receipt of a recommendation from the Village Plan Commission,
the Village Board shall make a decision on the petition but if the
Village Plan Commission fails to provide a recommendation within 75
days of close of the public hearing, the Village Board may make a
decision without a Village Plan Commission recommendation.
B.
Public hearing, purpose. In order that the owners of property involved
and other legitimately interested parties may have fair opportunity
to be heard, adequate notice shall be given of any public hearing
required by this code.
(1)
Posting and publishing.
(a)
Except as may be otherwise specifically provided in this code,
notice of public hearing shall be given by publication for two consecutive
weeks in the official newspaper of the Village or in the newspaper
of general circulation in the area of the proposed change at least
seven days before such public hearing. The failure of such notice
to reach any property owner, provided such failure is not intentional,
shall not invalidate any amending ordinance, variance or granting
of conditional use.
(b)
When the hearing involves a proposed change in the zoning district
classification of any property, or appeals to the Vernon Board of
Appeals, the notices shall be posted by the Village Clerk and shall
mail, by first class, letters of the public hearing to the owners
of all lands within 500 feet of any part of the land included in such
proposed changeat least 15 days before such public hearing. The failure
of such notice to reach a property owner, provided such failure is
not intentional, shall not invalidate any amending ordinance or variance.
The Village shall place a sign in front of the subject property stating
rezoning request, visible from public road, at least 15 days in advance
of the hearing.
(2)
Information. Such notices shall state the time and place of such
public hearing and the purpose for which the hearing is held.
(3)
Filing. Where such hearing is required by the provisions of this code as a result of the request for other than a zoning change, such requests shall be presented to the Village Clerk in writing and shall be accompanied by a map or description clearly identifying the property, along with a fee as set forth in § 300-46B(4) payable to the Village to defray the cost of notification and holding of the public hearing.
(4)
Fee schedule. The fees referred to in other provisions of this code
shall be established by the Village Board in a fee schedule and may,
from time to time, be modified by resolution. Processing fees are
related to costs involved in handling conditional use petitions, appeals
to the Vernon Board of Appeals, and zoning amendments and changes.
(5)
Special meeting. If an applicant requests a special meeting (other
than a regular Village Plan Commission or Village Board meeting) all
costs incurred will be the responsibility of the applicant.
A.
Personnel designated. The Village Planner is designated as the Village
Zoning Administrator for the provisions of this code under the direction
of the Village Board.
B.
Duties. In the enforcement of this code, the Village Building Inspector
shall perform the following duties:
(1)
Issue the necessary zoning use permits, provided the provisions of
this code and applicable Village ordinances have been complied with.
(2)
Keep an accurate record of all permits, numbered in the order of
issuance, in a record book provided by the Village for this purpose.
(3)
Maintain accurate records and maps pertinent hereto and any amendments
or changes thereto.
C.
Authority. In the enforcement of this code the Village Building Inspector
shall have the power and authority for the following:
(1)
At a reasonable time, upon reasonable notice or as authorized through
conditions of a site plan and plan of operation and/or conditional
use approval, and for proper purpose, to enter upon any public or
private premises to make inspections thereof.
(2)
Upon reasonable cause or question as to proper compliance, to revoke
any building, zoning use or occupancy permit and issue cease and desist
orders requiring the cessation of any building, moving, alteration
or use which is in violation of the provisions of this code. Such
revocation to be in effect until reinstated by the Village Building
Inspector or the Vernon Board of Appeals.
(3)
In the name of the Village and with the authorization of the Village
Board, to commence any legal proceedings necessary to enforce the
provisions of this code or applicable Village ordinances, including
the collection of forfeitures provided for in this code.
A.
Penalties. Any person who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists the enforcement of, any of
the provisions of this code, shall be subject to a forfeiture of not
less than $10 and not to exceed the sum of $2,000 for each offense,
together with the costs of the action, and, in default of the payment
thereof, shall be imprisoned in the county jail for a period of not
to exceed six months, or until such forfeiture and the subsequent
costs have been paid. Each day that a violation is permitted to exist
shall constitute a separate violation and be punishable as such.
B.
Enforcement by injunction. Compliance with the provisions of this
code may also be enforced by injunctional order at the suit of the
Village or one or more owners of real estate situated within the area
affected by the regulations of this code. It shall not be necessary
to prosecute for fine or imprisonment before resorting to injunctional
procedures.
C.
Declared nuisances. Any building erected, structurally altered, or
placed on a lot, or become dilapidated, or out of repair, or any use
carried on in violation of the provisions of this code, is declared
to be a nuisance per se, and the Village may apply to any court of
competent jurisdiction to restrain or abate such nuisance.
A.
Repeal of conflicting ordinances. All other ordinances or parts of
ordinances in conflict with the provisions of this code are hereby
repealed.
B.
Declaration of severability. The several sections, provisions, and
paragraphs of this code are herby declared to be severable. If any
section, provision, and paragraph of this code shall be declared by
a decision of a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the other provisions of
this code, or of the section of which the invalid portion or paragraph
may be a part.
C.
Effective date. This code shall be in full force and effect upon
passage and publication by the Village Board and upon approval of
the Waukesha County Board of Supervisors, said publication to consist
of posting of three copies thereof in three public places in said
Village.
D.
Adoption. This code was adopted by the Town of Vernon Board of Supervisors
on September 14, 2016, and the Waukesha County Board of Supervisors
on November 22, 2016.
