(a) Appointment. The Village President shall appoint a Board of Appeals under Title 2, Chapter 4 of this code of ordinances and Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the Village Board. The Board of Appeals shall adopt rules for the conduct of the business of the Board of Appeals as required by Wis. Stats. § 62.23(7)(e)3.
(b) Powers and duties. The Board of Appeals shall:
(1) 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 or administration of this chapter;
(2) Hear and decide applications for conditional use permits under this chapter; and
(3) May authorize, upon appeal, a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates:
a. Literal enforcement of the terms of the chapter will result in unnecessary hardship for the applicant;
b. The hardship is due to special conditions unique to the property, and is not self-created or based solely on economic gain or loss;
c. Such variance is not contrary to the public interest as expressed by the purpose of this chapter; and
d. Such variance will not grant or increase any use of property which is prohibited in the zoning district.
(c) Appeals to the board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board, or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the official from whom the appeal is taken and with the Board of Appeals, a notice of appeal specifying the reasons, therefor. The Zoning Administrator, Clerk, and highest elected official, as appropriate, or other official from whom the appeal is taken shall transmit to the Board all the papers constituting the record on which the appeal action was taken.
(d) Public hearings.
(1) Before making a decision on an appeal, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a Class 2 notice under Wis. Stats. Chapter 985, specifying the date, time, and place of the hearing and the matters to come before the Board. At the public hearing, any party may appear in person, by agent, or by attorney and present testimony.
(2) A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.
(e) Decisions.
(1) The final disposition of an appeal, or application for a conditional use permit, to the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, signed by the Board Chairperson. Such decision shall state the specific facts which are the bases of the Board’s determination, and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or persecution, or grant the application for a conditional use.
(2) A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.
(Prior Code, § 13-3-36)