(a) Purpose. The purpose of this section is to provide regulations which enable the village to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this chapter would 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; as provided for by Wis. Stats. § 62.23(7)(e)(7). For the purposes of this section, UNNECESSARY HARDSHIP shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.
(b) Initiation of request. A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this zoning code would cause him or her undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a non-conforming use brings that use into conformance with the district and zoning requirements.
(c) Application for variance. The application for a variance shall be filed with the Zoning Administrator, Clerk, and highest elected official, as appropriate, with a fee as established in the village’s annual fee schedule plus publication and report costs. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information.
(1) Name and address of the applicant and all abutting and opposite property owners of record.
(2) Statement that the applicant is the owner or the authorized agent of the owner of the property.
(3) Address and description of the property.
(4) A site plan showing an accurate depiction of the property.
(5) Additional information required by the Plan Commission, Village Engineer, Board of Zoning Appeals, or Zoning Administrator, Clerk, and highest elected official, as appropriate.
(6) Application fee as set forth in the village’s annual fee schedule.
(d) Public hearing of variance application. Within 60 days of filing of a complete application, the Board of Appeals shall conduct at least one public hearing on the proposed variance. Notice of such hearing shall be given not more than 30 days and not less than ten days before the hearing in one or more of the newspapers in general circulation in the village, and shall give due notice to the parties in interest, the Zoning Administrator, Clerk, and highest elected official, as appropriate, and the Plan Commission. At the hearing the appellant or applicant may appear in person, by agent, or by attorney. The Board shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, Zoning Administrator, Clerk, and highest elected official, as appropriate, Plan Commission, and Village Board.
(e) Action of the Board of Appeals. For the Board to grant a variance, it must find that:
(1) Denial of variation may result in hardship to the property owner due to physiographical consideration. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general or recurrent nature as to suggest that the zoning code should be changed;
(2) The conditions upon which a petition for a variance is based are unique to the property for which variance is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity;
(3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the property;
(4) The granting of the variance will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located; and
(5) The proposed variance will not undermine the spirit and general and specific purposes of the zoning code.
(f) Conditions. The Board of Appeals may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this section.
(g) Effect of denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Zoning Administrator, Clerk, and highest elected official, as appropriate, or designee.
(h) Review by court of record. Any person or persons aggrieved by any decision of the 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 Board of Appeals.
(Ord. passed 1-18-2021)