(a) Establishment. A Zoning Board of Appeals shall be appointed and governed by the state zoning enabling law as contained in Wis. Stats. § 62.23, the village zoning code and ordinances, and this section. The laws of the state or village and local ordinances shall prevail in that order. The Zoning Board of Appeals shall consist of five citizen members and two alternate members, appointed by the Village President subject to confirmation by the Village Board, for a three-year term of office. The members shall be removable by the Village Board for cause upon written charges and upon public hearing. The Village President shall designate one of the members the Chairperson.
(b) Powers. The Zoning Board of Appeals shall have the following powers.
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any village zoning code or any ordinance adopted under Wis. Stats. §§ 62.23, 61.35, or 62.231 (wetlands), 87.30 or 144.26 (floodplains), or Chapter 91 (farmland preservation).
(2) To hear and decide special exceptions to the terms of the village zoning and floodplain zoning regulations upon which the Board of Appeals is required to pass.
(3) To authorize, upon appeal in specific cases, such variance from the terms of the village zoning regulations 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 the Zoning Code shall be observed, public safety and welfare secured, and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district. 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 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.
(4) To 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 the zoning code, for such purposes which are reasonably necessary for public convenience and welfare.
(5) The Zoning Board of Appeals may reverse or affirm wholly or in part, or may modify any order, requirement, decision, or determination as in its opinion ought to be made in the premises. The concurring vote of four members of the Zoning Board of Appeals 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 the Zoning Code. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order, unless the land use permit is obtained within such period and the erection or alteration of a building is started, or the use is commenced within such period.
(c) Meeting and rules.
(1) All meetings and hearings of the Zoning Board of Appeals shall be open to the public, except that the Board may go into executive session to deliberate after a hearing or an appeal. The final vote on an appeal shall be taken in open session by roll call vote, recorded and open for public inspection in the Board’s office. Public notice of all regular and special meetings shall be given to the public and news media as required by the State Open Meeting Law, Wis. Stats. §§ 19.81 et seq.
(2) Special meetings may be called by the Chairperson or by the Secretary at the request of two members. Notice of a special meeting shall be mailed to each member at least 48 hours prior to the time set for the meeting, or announcement of the meeting shall be made at any meeting at which all members are present.
(3) Hearings may be held at any regular or special meeting at the time set by the Chairperson.
(4) A quorum for any meeting or hearing shall consist of four members, but a lesser number may meet and adjourn to a specified time.
(5) 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 examination and other official actions, all of which shall be immediately filed in the office of the Village Administrator, Clerk, or highest elected official, as appropriate, and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this code of ordinances or with the applicable state statutes.
(6) No Board member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the Chairperson shall direct an alternate member to act instead. Disqualification of a member for interest shall not decrease the number of votes required for acting upon any matter, but such member may be counted in determining whether a quorum is present for the transaction of business.
(d) Offices. The Village Board shall provide suitable offices for holding hearings and the presentation of records, documents, and accounts.
(Prior Code, § 2-4-2)
Statutory reference:
Similar provisions, see Wis. Stats. § 62.23(7)(e)