Without limiting any authority granted to the Village Board by state law or by other ordinances of the Village, the Village Board shall have the following powers and duties with respect to this chapter, to be carried out in accordance with the terms of this chapter:
Established. The Board of Appeals shall consist of five primary members and two alternates who shall be appointed by the Village President and approved by the Village Board. The members of the Board shall serve without compensation. The Village President shall designate one member Chairman, and the Clerk-Treasurer or his deputy shall serve as Secretary of the Board. The terms of office of the members of the Board shall be staggered terms for three years.
Meetings. All meetings of the Board shall be held at the Village Hall unless a different meeting place is announced in a public notice of the meeting and shall be open to the public. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
Rules and regulations. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this section and of § 62.23(7), Wis. Stats. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote showing such fact. The final disposition of appeals shall be by recorded resolution indicating the Board's reasons, all of which shall be a public record. The concurring vote of four members of the Board shall be necessary to reverse any order or determination of the Building Inspector or to decide in favor of the applicant any matter upon which the Board is required to pass or to effect any variation from the terms of this chapter.
Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the Village within 30 days after the date of any decision of an Administrative Officer by filing with the Village Administrator a notice of appeal specifying the grounds thereof. The Village Administrator shall forthwith transmit to the Board of Appeals the notice of appeal and all papers constituting the record upon which the action appealed from was taken. For purposes of this section, the term "Administrative Officer" means the Building Inspector or the Building Board. It does not include the Plan Commission. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney.
Powers of the Board. The Board shall have the following powers:
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector or Building Board in the administration of this chapter, subject to the following:
The scope of review of a decision of the Building Inspector shall be a de novo review before the Board of Appeals.
The scope of the review of a decision of the Building Board shall be limited before the Board of Appeals to:
Whether the Building Board kept within its jurisdiction;
Whether the Building Board proceeded on a correct theory of law;
Whether the Building Board's action was arbitrary, oppressive or unreasonable and represented its will, not its judgment; and
Whether the evidence was such that the Building Board might have reasonably made the order or determination in question.
To permit the reasonable extension of a district where the boundary line of a district divides a lot in a single ownership at the time of adoption of this chapter.
To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan where the street layout actually on the ground varies from the street layout as shown on the Zoning Map.
To permit a temporary building in the "A" Residence District or "B" Residence District which is incidental to residential construction, such permit to be issued for a period of not more than one year.
To permit an accessory building, subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, to exceed 15 feet in height, provided that the top of such accessory building shall not be more than five feet above the mean elevation of the ground adjoining the main building.
If recommended by the Public Service Commission of Wisconsin, to permit in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter a building or premises to be erected or used by a public service corporation or for public utility purposes in any location and for any purpose which is reasonably necessary for the public convenience and welfare.
To authorize upon appeal in specific cases such variance from terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. In granting any variance, the Board may impose such reasonable conditions relative to the nature of the requested variance as it may determine, consistent with the provisions of the Zoning Code. Any variance granted shall specify that the action authorized by the variance must be commenced within one year of the date of the variance grant and be completed within three years thereafter, unless the Board determines that shorter time periods are appropriate given the nature of the variance. A variance granted by the Board runs with the land in question.
In exercising the above-mentioned powers the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made to the premises and to that end shall have all the powers of the Building Inspector.
Grievances. Any person or persons jointly or severally aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the Village, may, within 30 days after the filing of the decision in the office of the Board of Appeals but not thereafter, present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of the Board shall be subject to review by certiorari as provided by law.
The Building Board shall consist of seven members composed of at least one member of the Village Board who shall serve as Chairman, and the remaining Building Board members shall be citizen members appointed annually by the President and confirmed by the Village Board. The Building Board shall include at least one member who shall be a professional planner, professional architect, or other related building design professional. All members shall be voting members. The Village Administrator or his/her deputy shall be Secretary of the Building Board.
The Building Board may, if it desires, hear the applicant and/or the owner of the lot on which it is proposed to erect or alter the structure in question together with any other persons, whether residents or property owners, desiring to be heard. Notice of the hearing shall be posted at least 24 hours before the hearing. Such hearing may be adjourned from time to time for a length of time to be determined by the Building Board. After the close of the hearing the Village Administrator or his/her designee shall prepare, in writing, the findings of the Building Board granting or denying the request.
The Building Board shall hear and approve or disapprove all applicants' requests, including but not limited to new construction, additions to any existing structure, window modifications in terms of proportion, size, detail, color and/or function, new and replacement windows, exterior siding, new or replacement fences, swimming pools, tennis courts, any sign requiring a sign permit under § 225-93 in a business zoning district, miscellaneous and accessory buildings, including storage sheds, boathouses and boat shelters, and alterations which involve a significant change in the exterior appearance of an existing structure. Items which do not require the approval of the Building Board include roof replacements and identical window replacements which conform to the original design intent of the structure as determined by the Village Administrator.
The Plan Commission shall have the duties and responsibilities set forth in the Village Code, to be carried out in accordance with the terms of this chapter.
The Village Administrator or designee, acting in the capacity of Building Inspector, shall see that the requirements of this chapter and Chapter 90, Building Construction and Fire Prevention, of the Village Code are met and that the provisions of those chapters are enforced insofar as they lie within his/her power under the laws of the state and the ordinances of the Village. Appeals from the decisions of the Building Inspector involving this chapter shall be taken to the Board of Appeals as provided in this chapter.
Duplicate copies of the completed plans and specifications for the erection, alteration, enlargement or repair of any building within the Village, including sewage disposal and water system, with all information necessary for the completion of the work, together with a statement of ownership, legal description, map of the property showing thereon the exact location of all existing and proposed structures and systems, and such other information as may be necessary to provide for the enforcement of this chapter, shall be filed with the Building Inspector. All plans and specifications for the erection or alteration of the building's exterior walls or facade with a project cost of $75,000 or more or proposed square footage increase of 500 square feet or more shall be submitted by an architect, engineer, or designer. No permit for erection, alteration, enlargement, or repair of any building within the Village shall be issued for any project having an approximate cost of $20,000 or more unless the owner agrees in writing to locate all utility service lines, including electric, telephone, and cable distribution lines, to his residence underground within six months of the issuance of a building permit for the project. For permits not requiring Building Board review and approval, no work or excavation for such work shall be commenced by any person, firm or corporation without first receiving a building permit from the Building Inspector who shall issue or refuse such permit in writing within 10 days after proper application therefor. The applicant shall pay a permit fee at the time the application is made in accordance with the fee schedule adopted from time to time by the Village Board.
Editor's Note: The current fee schedule is on file at the Clerk-Treasurer's office..
In instances where building permits require Building Board approval, no building permit shall be issued unless the Building Inspector has determined compliance with Chapter 90, Building Construction and Fire Prevention, of the Village Code and this chapter and it has been found as a fact by the Building Board, by at least a majority vote, after a view of the site of the proposed structure and an examination of the application papers for a building permit, which shall include exterior elevations of the proposed structure, that the exterior architectural appeal and functional plan of the proposed structure will, when erected, not be so at variance with nor so similar to either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by this chapter, or any provisions amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of the neighborhood within the applicable district. The foregoing required finding shall be in addition to the finding required in respect to miscellaneous structures and accessory buildings, boathouses and boat shelters, and fences.
On an appeal to the Board of Appeals, in the absence of proof to the contrary adduced before the Board of Appeals, a refusal to grant the building permit because of refusal of the Building Board to make the finding required by Subsection C hereof shall be deemed to be based upon facts supporting the conclusion that the exterior architectural appeal and functional plan of the proposed structure for which a building permit was refused would, when erected, be so at variance with all of the exterior architectural appeal and functional plan for structures already constructed or in the course of construction in the immediate neighborhood, or the character of the applicable district, as to cause a substantial depreciation in the property values of the neighborhood within the applicable district.