[Amended 3-3-2020 by Ord. No. 20-03]
A. Purpose.
[Amended 7-20-2021 by Ord. No. 21-03]
(1)
A request for a variance may be made when an aggrieved party
can submit proof that strict adherence to the provisions of the Zoning
Code would cause him or her undue hardship or create conditions causing
greater harmful effects than the initial condition.
(2)
Persons requesting a variance shall first submit such request
to the Zoning Administrator, who shall make a determination that a
variance is required. Where the Zoning Administrator determines that
a variance is required, persons may then have their request reviewed
by the Zoning Board of Appeals pursuant to this section.
(3)
The Zoning Board of Appeals may authorize upon appeal, in specific
cases, such variance from the terms of the Zoning Code per the procedures,
standards, and limitations of this section and Wisconsin law.
B. Application for variance. The application for a variance shall be filed pursuant to §
305-101.
C. Public hearing on application. The public hearing for a variance shall be conducted pursuant to §
305-102.
D. Prohibited variances. The Zoning Board of Appeals shall not grant
use variances in floodplain or wetland and conservancy districts.
In all other districts, no use variance shall be granted unless the
applicant has first petitioned for and been denied a zoning amendment
or a conditional use permit, if applicable, and upon a showing that
no lawful and feasible use of the subject property can be made in
the absence of such variance. Any use variance granted shall be limited
to the specific use described in the Board's decision and shall not
permit variances in yard, area or other requirements of the district
in which located.
E. Action of the Zoning Board of Appeals; standards. For the Zoning
Board of Appeals to grant a variance, it must first find that all
of the following standards have been met:
(1)
An exceptional or extraordinary circumstance or special factors
are present on the subject property, which are not present on most
other properties in the same zoning district. The applicant shall
clearly indicate how the subject property contains factors which are
not present on most other properties in the same zoning district.
Specifically:
(a)
The hardship or difficulty shall be peculiar to the subject
property and different from that of other properties, and not one
which affects all properties similarly. Such a hardship or difficulty
shall have arisen because of the unusual shape of the original lot;
unusual topography or elevation; or because the lot was created before
the passage of the current, applicable zoning regulations, and is
not economically suitable for a permitted use or will not accommodate
a structure of reasonable design for a permitted use if all area,
yard, green space, and setback requirements are observed;
(b)
Loss of profit or pecuniary hardship shall not, in and of itself,
be grounds for a variance;
(c)
Self-imposed hardship shall not be grounds for a variance. Reductions
resulting from the sale of portions of a property reducing the remainder
of said property below buildable size or cutting off existing access
to a public right-of-way or deed restrictions imposed by the owner's
predecessor in title are considered to be such self-imposed hardships;
(d)
Violations by, or variances granted to, neighboring properties
shall not justify a variance;
(e)
The alleged hardship shall not be one that would have existed
in the absence of a zoning ordinance. (For example, if a lot were
unbuildable because of topography in the absence of any or all setback
requirements.)
(2)
The factors identified in Subsection
E(1) above would unreasonably prevent the property owner from using the subject property for a permitted purpose, or would render conformity with this chapter unnecessarily burdensome. The applicant shall clearly indicate how the requested variance makes the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.
(3)
The granting of the proposed variance shall not impose a substantial
detriment to adjacent properties. The applicant shall clearly indicate
how the proposed variance will have no substantial detriment on adjacent
properties.
(4)
The proposed variance would make the subject property developable
so that property rights enjoyed by the owners of similar properties
can be enjoyed by the owners of the subject property.
(5)
The granting of the proposed variance would not result in a
substantial or undue adverse impact on the character of the neighborhood,
environmental factors, traffic factors, parking, public improvements,
public property or rights-of-way, or other matters affecting the public
health, safety, or general welfare, either as they now exist or as
they may in the future be developed as a result of the implementation
of the intent, provisions, and policies of this chapter, the Comprehensive
Plan, or any other plan, program, map, or ordinance adopted or under
consideration pursuant to official notice by the Village or other
governmental agency having jurisdiction to guide growth and development.
F. Conditions. The Zoning Board of Appeals may impose such conditions
and restrictions upon the premises benefited by a variance as may
be necessary to comply with the standards established in this section.
Any person or persons aggrieved by any decision
of the Zoning Board of Appeals may present to a 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 offices of the Zoning Board of Appeals.