§ 2-403. Powers.  


Latest version.
  • (a)

    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 chapter, chapter 48.

    (2)

    To hear and decide special exceptions to the terms of the village zoning and floodplain zoning regulations upon which the zoning 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 chapter 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 in appropriate cases, 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 chapter, for such purposes which are reasonably necessary for public convenience and welfare.

    (b)

    The zoning board of appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as in its opinion ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit. 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 chapter, chapter 48. The grounds of every such determination shall be stated and recorded.

    (c)

    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.

(Code 1984, § 2-4-4(b))

State law reference

Powers, Wis. Stats. § 62.23(7)(e)7; appeal to court, Wis. Stats. § 62.23(7)(e)10.