B.
Organization. The Board shall adopt rules for its
government and procedure. Meetings of the Board shall be held at the
call of the Chair and at such other times as the Board may determine.
The Chair or, in his or her absence, the Acting Chair may administer
oaths and compel the attendance of witnesses. All meetings shall be
open to the public.
C.
Records. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be a public
record.
D.
Appeals. Appeals to the Board may be taken by any
person aggrieved or by any officer, department, board or bureau of
the Village affected by any decision of the administrative officer.
Such appeal shall be taken within a reasonable time, as provided by
the rules of the Board, by filing with the officer from whom the appeal
is taken and with the Board a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken. The Board shall fix a reasonable
time for the hearing of appeals and give public notice thereof as
well as due notice to the parties in interest and shall decide the
same within a reasonable time.
E.
Powers of the Board of Appeals. Except as specifically
provided, no action of the Board shall have the effect of permitting
in any district uses prohibited in such district.
(1)
The Board shall:
(a)
Hear and decide appeals where it is alleged
that there is an error in any order, requirement, decision or determination
made by the administrative officer.
(b)
Hear and decide special exceptions to the terms
of this chapter upon which the Board is required to pass.
(c)
Authorize, upon appeal in specific cases, such
variance from the terms of this chapter 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 of this chapter shall be observed, public safety
and welfare secured and substantial justice done.
(d)
Permit the erection and use of a building or
premises in any location, subject to appropriate conditions and safeguards
in harmony with the general purposes of this chapter, for such public
utility purposes which are reasonably necessary for public convenience
and welfare.
(2)
The Board may reverse or affirm, wholly or in part,
or may modify any order, requirement, decision or determination appealed
from and shall make such order, requirement, decision or determination
as in its opinion ought to be made in the premises and to that end
shall have all the powers of the administrative officer. The concurring
vote of four members of the Board shall be necessary to reverse any
order, requirement, decision or determination appealed from or to
decide in favor of the applicant on any matter on which it is required
to pass or to effect any variation in the requirements of this chapter.
(3)
In addition to the foregoing, the Board of Appeals
shall have the following specific powers:
(a)
To grant a permit for the extension of a district
boundary for a distance of not more than 25 feet only where the boundary
of a district divides a lot in single ownership at the time of the
adoption of this chapter.
(b)
By special permit, after due notice and public
hearing, to authorize the location of any of the following buildings
or uses in any district from which they are excluded by this chapter,
provided that such building or use shall comply with all other regulations
in the district in which it is proposed to be relocated:
[1]
Private clubs and lodges, excepting those the
chief activity of which is a service customarily carried on as a business.
[2]
Hospitals and clinics.
[3]
Institutions of an educational, philanthropic
or eleemosynary nature.
[4]
Cemeteries.
[5]
Storage garage or parking area in connection
with a housing development project.
[6]
Sewage disposal plants.
(c)
To interpret the provisions of this chapter
in such a way as to carry out the intent and purpose of the plan as
shown on the district map on file with the Village Clerk-Treasurer
and made a part of this chapter, where the street layout actually
on the ground varies from the street layout on the aforesaid map.
(d)
To call upon any other Village department for
assistance in the performance of its duties, and such other departments
shall render such assistance as may be reasonably required.
(4)
In exercising such powers, the Board may, in appropriate
cases, establish suitable conditions and safeguards in harmony with
the general purpose and intent of this chapter.
A.
The Village Board may from time to time, on its own
motion or on petition, amend, supplement or change the district boundaries
or the regulations herein or subsequently established upon giving
at least two weeks' notice, by publication of a Class 2 notice under
Chapter 985 of the Wisconsin statutes in the official newspaper of
the proposed amendment, supplement or change and of a hearing thereon
and an opportunity for any person interested to be heard.
B.
In case of protest against such change duly signed
and acknowledged by the owners of 20% or more of the areas of land
included in such proposed amendment, supplement or change or by the
owners of 20% or more of the area of the land immediately adjacent
extending 100 feet therefrom or by the owners of 20% or more of the
land directly opposite thereto extending 100 feet from the street
frontage of such opposite land, such amendment, supplement or change
shall not become effective except by the favorable vote of 3/4 of
the members of the Village Board.
C.
Where the purpose and effect of the proposed amendment
is to change the zoning classification of particular property, the
Village Board shall make findings based upon the evidence presented
to it in each specific case with respect to the following matters:
(1)
Existing uses of property within the general area
of the property in question.
(2)
Zoning classification of property within the general
area of the property in question.
(3)
Suitability of the property in question to the uses
permitted under the existing zoning classification.
(4)
Trend of development, if any, in the general area
of the property in question, including changes, if any, which have
taken place in its present zoning classification.
D.
The Regional Planning Committee may recommend the
adoption of an amendment changing the zoning classification of the
property in question to any higher classification than that requested
by the applicant.
E.
The Regional Planning Committee shall not recommend
the adoption of a proposed amendment unless it finds that the adoption
of such amendment is in the public interest and is not solely for
the interest of the applicant.
A.
Purpose. The Board of Appeals, after a public hearing,
may vary the regulations of this chapter, in harmony with their general
purpose and intent, only in the specific instances hereinafter set
forth, where such Board makes findings of fact in accordance with
the standards hereinafter prescribed and further finds that there
are practical difficulties or particular hardships in the way of carrying
out the strict letter of the regulations of this chapter or any zoning
decision of an administrative officer of the Village.
[Amended 8-16-1994 by Ord. No. 081694E]
B.
Application. An application for a variance shall be
filed, in writing, with the Building Inspector. The application shall
contain such information as the Board by rule may require. Notice
of the time and place of the public hearing shall be published as
provided in the state law on planning and zoning and applicable to
the Village of Wrightstown.
[Amended 8-16-1994 by Ord. No. 081694E]
C.
Standards of variances. The Board of Appeals shall
not vary the regulations as set forth above unless it shall make findings
based upon the evidence presented to it in each specific case that:
(1)
Because of the particular surroundings, shape or topographical
condition of the specific property involved a particular hardship
to the owner would result, as distinguished from a mere inconvenience
if the strict letter of the regulations were to be carried out.
(2)
Conditions upon which a petition for a variation is
based are unique to the property for which the variance is sought
and are not applicable, generally, to other property within the same
zoning classification.
(3)
The alleged difficulty or hardship is caused by this
chapter and has not been caused by any person presently having an
interest in the property.
(4)
Granting of the variation shall not be detrimental
to the public welfare or injurious to other property or improvements
in the neighborhood in which the property is located.
(5)
Proposed variation shall not impair an adequate supply
of light and air to adjacent property or substantially increase the
congestion of the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property
value within the neighborhood.
D.
Expiration of variances. No decision of the Board
of Appeals granting a variance shall be valid for a period longer
than 12 months from the date of such decision unless a building permit
is obtained and the erection or alteration of a building is substantially
underway or the use is commenced within such period.
[Added 8-16-1994 by Ord. No. 081694E]
A.
Purpose. The purpose of this section is to place unique
land use characteristics within favorable zoning districts to ease
conflicts on neighboring lands and public need.
B.
Initiation. Any person having a freehold interest
in land or a possessory interest entitled to exclusive possession
or a contractual interest which may become a freehold interest or
an exclusive possessory interest and which is specifically enforceable
may file an application to use such land for one or more of the conditional
uses provided for in this chapter in the zoning district in which
the land is located.
C.
Application. The application for a conditional use
shall be filed with the Village Board. The application shall be accompanied
by such plans and/or data prescribed by the Village Board and shall
include a statement, in writing, by the applicant and adequate evidence
showing that the proposed conditional use will conform to the standards
set forth in the respective zone districts.
D.
Hearing on application. The Village Board shall hold
at least one public hearing on the proposed conditional use.
[Amended 8-16-1994 by Ord. No. 081694E]
E.
[Amended 8-16-1994 by Ord. No. 081694E] Standards. No conditional use shall be granted unless it shall
be found that:
(1)
The establishment, maintenance or operation of the
conditional use will not be detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
(2)
The conditional use will not be injurious to the use
and enjoyment or other property in the immediate vicinity for the
purposes already permitted and will not substantially diminish and
impair property value within the neighborhood.
(3)
Adequate utilities, access roads, drainage, parking
and any other necessary facilities have been or are being provided.
(4)
Adequate measures have been or will be taken to provide
ingress and egress so designed as to minimize traffic congestion in
the public streets.
(5)
The conditional use shall, in all other respects,
conform to the applicable regulations of the district in which it
is located.
F.
Conditions and guaranties. Before issuing a conditional
use permit, the Village Board shall stipulate such conditions and
restrictions upon the establishment, location, construction, maintenance
and operation of the conditional use as is deemed necessary for the
protection of the public interest and to secure compliance with the
standards and requirements of this chapter. In all cases in which
conditional uses are granted, the Village Board shall require such
evidence and guaranties as it may deem necessary as proof that the
conditions stipulated in connection therewith are being and will be
complied with.
G.
Expiration of conditional use permit. No conditional
use permit shall be valid for a period longer than 12 months from
its date of approval unless a building permit is obtained and the
erection or alteration of a building is substantially completed or
the use is commenced within such period.
[Added 8-16-1994 by Ord. No. 081694E]
All territory annexed to the Village shall automatically
become a part of the R-R Rural-Residential District until definite
boundaries and regulations are adopted by the Village Board, provided
that the Board shall adopt definite boundaries and district regulations
within 90 days from the date of the annexation.
A.
Building Inspector and Police Department. The Building
Inspector, with the aid of the Police Department, shall enforce the
provisions of this chapter.
B.
Building permit necessary. No building shall hereafter
be erected, moved or structurally altered until a building permit
therefor shall have been applied for and issued.
C.
Plans required. All applications for a building permit
shall be accompanied by plans in duplicate, drawn in scale, showing
the location, actual shape and dimensions of the lot to be built upon,
the exact size and location on the lot of the proposed or existing
building and accessory building, the lines within which the building
shall be erected, altered or moved, the existing and/or intended use
of each building, the number of families the building is intended
to accommodate and such other information with regard to the lot and
neighboring lots or buildings as may be necessary to determine and
provide for the enforcement of this chapter.
D.
Survey and stakes. All dimensions shown relating to
the location and size of the lot shall be based upon an actual survey.
The lot and the location of the building thereon shall be staked out
on the ground before construction is started.
E.
Certificates of occupancy.
(1)
Certificate required. No vacant land shall be occupied
or used and no building hereafter erected, altered or moved shall
be occupied until a certificate of occupancy is issued by the Building
Inspector. Such certificate shall show that the building or premises
or part thereof and the proposed use thereof are in conformity with
the provisions of this chapter. Such permit shall be issued only when
the building or premises and the proposed use thereof conform to all
the requirements of this chapter.
(2)
Temporary certificates. Under such rules and regulations
as may be established by the Village Board, the Building Inspector
may issue a temporary certificate of occupancy for part of a building.
(3)
Existing buildings. Upon written request from the
owner, the Building Inspector shall issue a certificate of occupancy
for any building or premises existing at the time of the adoption
of this chapter (March 2, 1982) certifying, after inspection, the
extent and kind of use made of the building or premises and whether
or not such use conforms to the provisions of this chapter.
[Amended 8-16-1994 by Ord. No. 081694E; 12-19-2006 by Ord. No. 12192006B]
The fee for an application for an amendment, conditional use or rezoning filed by or on behalf of the owner or owners of the property affected or for variances and appeals shall be the costs as set forth in Chapter 102, Fees and Penalties, but under no circumstances not less than $25. Said application granted shall not take effect until all fees pursuant to this section have been paid. The Board may request a deposit on said fees at the time said application is made.
