There is hereby established a Board of Appeals for the Village of Shorewood for the purpose of hearing appeals by any person feeling himself aggrieved by any administrative order, decision or determination and, further, for the purpose of hearing 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.
Terms shall be for staggered three-year periods commencing annually on the first day of June.
The Chairman shall be designated by the Village President.
Alternative members, two in number, shall be appointed by the Village President and confirmed by the Village Board for a term of three years who shall act only when a regular member is absent or refuses to vote because of a personal interest in the matter.
[Amended 9-26-2005 by Ord. No. 1892]
The Secretary of the Board shall be the Village Clerk.
A member of the Planning and Development Department shall attend all meetings for the purpose of providing technical assistance when requested by the Board.
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term. Members shall continue to serve until their successors are appointed.
Members of the Board shall be residents of the Village.
[Amended 9-26-2005 by Ord. No. 1892]
The Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.
Meetings shall be held at the call of the Chairman and shall be open to the public, except as provided by law.
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 findings of fact. These records shall be immediately filed in the office of the Secretary and shall be a public record.
If a quorum is present, the Board of Appeals may take action by a majority vote of the members present.
The Board of Appeals shall have the following powers:
Errors and interpretations. To hear and decide appeals where it is alleged that there is an error in any administrative order, decision, determination or interpretation of zoning districts or other code regulations.
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 purpose of this chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.
Special exceptions. To hear and decide special exceptions to the terms of this chapter upon which said Board is required to pass under this chapter.
Permits. The Board may reverse, affirm wholly or partly, or modify the requirements appealed from and may issue or direct the issuance of a permit.
Assistance. The Board may request assistance from other Village officers, departments, commissions and boards.
Oath. The Chairman may administer oaths and compel the attendance of witnesses.
Appeals from an administrative decision concerning the literal enforcement of this chapter or of any other Village Code provisions may be made by any person aggrieved or by any officer, department, board, commission or bureau of the Village.
Such appeals shall be filed with the Secretary within 30 days after the date of written notice of the administrative decision or order. Such appeals shall include the following:
Name and address of the appellant and, if a matter involving this chapter, all owners of record of property located within 100 feet of the property in question.
Additional information required by the Village Plan Commission, Planning and Development Department, Board of Appeals or other Village employees having an interest in the matter.
Fee receipt from the Village Treasurer in an amount as set forth in the Village Fee Schedule.
[Amended 5-15-1989 by Ord. No. 1553]
The Board of Appeals shall fix a reasonable time and place for the hearing, give public notice thereof as required by law, and shall give due notice to the parties in interest and the Planning and Development Department. At the hearing the appellants 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 that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
Exceptional circumstances. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot, parcel or structure that do not apply generally to other properties in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed.
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and the spirit of this chapter or the public interest.
The Board of Appeals shall decide all appeals and applications within 30 days after final hearing and shall transmit a signed copy of the Board's decision to the appellant and the Planning and Development Department.
Any person or persons aggrieved by any decision of the Board of Appeals may present to a court of record a verified petition 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 Secretary.