Chapter 18.150
BOARD OF ZONING APPEALS
Sections:
18.150.050 Appeals and applications.
18.150.080 Review by court of record.
Cross-reference: Chapter 2.35 AMC.
18.150.010 Establishment.
There is hereby established a board of zoning appeals for the village of Arena for the purpose of hearing appeals and applications, and granting variances and exceptions to the provisions of this zoning ordinance in harmony with the purpose and intent of the zoning ordinance. [Res. 05-04. Prior code § 10-1-150].
18.150.020 Membership.
The board of zoning appeals shall consist of five members appointed by the village president and confirmed by the village board.
(a) Terms shall be for staggered three-year periods.
(b) The chairman shall be designated by the village president.
(c) An alternate member may be appointed by the village president for a term of three years and shall act only when a regular member is absent or refuses to vote because of conflict of interest.
(d) The secretary shall be the village clerk.
(e) The zoning administrator shall attend all meetings for the purpose of providing technical assistance when requested by the board.
(f) Official oaths shall be taken by all members in accordance with Section 19.01, Wis. Stats., within 10 days of receiving notice of this appointment.
(g) Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term. [Res. 05-04. Prior code § 10-1-151].
18.150.030 Organization.
The board of zoning appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this title.
(a) Meetings shall be held at the call of the chairman and shall be open to the public.
(b) Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question, the reasons for the board’s determination, and its finding of facts. These records shall be immediately filed in the office of the board and shall be a public record.
(c) The concurring vote of four members of the board shall be necessary to correct an error; grant a variance; make an interpretation; and permit a utility, temporary, unclassified, or substituted use. [Res. 05-04. Prior code § 10-1-152].
18.150.040 Powers.
The board of zoning appeals shall have the following powers:
(a) Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official or body in the course of enforcing this title.
(b) Variances. To hear and grant appeals for variances 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 and purposes of this title shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.
(c) Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the village plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application. [Res. 05-04. Prior code § 10-1-153].
18.150.050 Appeals and applications.
Appeals may be made by any person aggrieved or by an officer, department, board, or commission of the village. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the zoning administrator. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the secretary. Such appeals and application shall include the following:
(a) Name and address of the appellant or applicant and all abutting and opposite property owners of record.
(b) Site plan showing all of the information required under AMC 18.130.010 for a zoning permit.
(c) Additional information required by the village plan commission, village engineer, board of zoning appeals, or zoning administrator. [Res. 05-04. Prior code § 10-1-154].
18.150.060 Hearings.
The board of zoning appeals shall fix a reasonable time and place for the hearing, and shall give Class 2 notice thereof. At the hearing the appellant or applicant may appear in person, by agent, or by attorney. [Res. 05-04. Prior code § 10-1-155].
18.150.070 Variances.
(a) No variance to the provisions of this title shall be granted by the board unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) Exceptional Circumstances. There must be unique, 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 a nature as to suggest that the zoning ordinance should be changed. The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.
(2) Preservation of Property Rights. 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 and the granting of the variation 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.
(3) Conditions may be placed upon any zoning permit ordered or authorized by this board. Approvals granted by the board shall expire within 12 months unless substantial work has commenced pursuant to such grant.
(4) Absence of Detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this title or the public interest.
(b) The board of zoning appeals shall decide all appeals and applications within 30 days after the hearing and shall transmit a signed copy of the board’s decision to the appellant or applicant, zoning administrator, and village plan commission.
(c) The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section. The fees for all appeals shall be established by resolution of the village board.
(d) Steps for Appeals to Board of Zoning Appeals.
[Res. 05-04. Prior code § 10-1-157].
18.150.080 Review by court of record.
Any person or persons aggrieved by any decision of the board of zoning appeals may present to the 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 office of the village clerk. [Res. 05-04. Prior code § 10-1-158].