§ 2-159. Zoning board of appeals.

(a)

Establishment. A zoning board of appeals shall be appointed as specified in Wis. Stats. § 62.23(7)(e). The zoning board of appeals shall consist of five citizen members appointed by the village president subject to confirmation by the village board, for a three-year term of office. The members shall serve with such compensation as determined by the village board and 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 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 the zoning code or floodplain zoning code.

(2)

To hear and decide special exceptions to the terms of 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 not permitted in such district.

(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)

To 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 three 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. All meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All hearings conducted by the board shall be open to the public. 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 clerk-treasurer and shall be public record. The board shall adopt its own rules of procedure not in conflict with this section or with the applicable Wisconsin Statutes.

(d)

Offices. The village board shall provide suitable offices for holding hearings and the presentation of records, documents and accounts.

(Code 1990, § 2-4-2)

State law reference

Board of appeals, Wis. Stats. §§ 61.35, 62.23(7)(e).