§ 28-1069. Establishment.

Pursuant to the provisions of Wis. Stats. § 62.23(7)(e), there is hereby established a village board of appeals for the village for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this article in harmony with the purpose and intent of this article.

(1)

Membership.

a.

The village board of appeals shall consist of five members appointed by the village president and approved by the village board.

b.

Terms shall be for staggered three year periods, except that of those first appointed, one shall serve for one year, two for two years and two for three years.

c.

Two alternate members 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. Annually, the village president shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act with full power only when a member of the village board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate refuses or is absent or when more than one member of the village board refuses or is absent.

d.

Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(2)

General rules.

a.

The members of the village board of appeals shall serve without compensation.

b.

Members shall be removable by the village president for cause upon written charges and after public hearing.

c.

The village president shall designate one of the members as chairperson and the village board of appeals may designate such other officers and employ such employees as it feels necessary with the approval of the village board.

d.

The village board of appeals shall adopt rules governing its procedure consistent with the terms of this article.

e.

Meetings of the village board shall be held at the call of the chairperson and at such other times as the village board may determine. Such chairperson or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the village board shall be open to the public.

f.

The village 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 examinations and other official action, all of which shall be immediately filed in the office of the village clerk/treasurer and shall be a public record.

(3)

Powers. The village board of 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 the zoning administrator.

b.

Variances. To hear and authorize appeals for variances where owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this article shall be observed and the public safety, welfare and justice secured.

c.

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the location of the boundaries of the zoning districts.

d.

Permits. The village board may reverse, affirm wholly or partly or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.

e.

Assistance. The village board may request assistance from other village officers, departments, commissions and village boards.

f.

Oaths. The chairperson may administer oaths and compel the attendance of witnesses.

(Code 1989, § 13-1-140; Ord. of 10-5-2004, § 13-1-140)