§ 42-47. Board of appeals.  


Latest version.
  • (a)

    Establishment meetings and powers. There shall be a board of appeals which shall be constituted and shall have such powers as described in Wis. Stats. § 62.23(7)(e), which is incorporated herein by reference, subject to this section 42-47, and provided that the statutory references to common council shall be interpreted to apply to the town board and the statutory references to the mayor shall be interpreted to apply to the town chair.

    (b)

    Appeals.

    (1)

    Data required. In addition to all information required on the petition form, the petitioner shall supply the following:

    a.

    A plat of survey drawn to a scale of not less than 100 feet to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land.

    b.

    The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed change.

    c.

    A detailed description of the intended development or use.

    d.

    Any further information, as required by the town, to facilitate the making of an evaluation of such request, such as a site plan depicting proposed buildings, parking, traffic impact, landscaping treatment, drainage, sanitary sewer, erosion control and other factors as would be pertinent including the impact on public facilities.

    (2)

    Hearing. The town clerk-treasurer, after consultation with the chairperson of the board of appeals, shall process the application for appeal and shall fix a reasonable time for a hearing on the appeal or other matter referred to it and give a Class 1 Notice, under Wis. Stats. ch. 985, of the time and place of the hearing. In addition, written notice shall be mailed to all property owners within 300 feet of the property in question by regular mail. A decision on the appeal shall be made within a reasonable period of time but not to exceed 30 days from the date of the public hearing. At the hearing any party may appear in person or by agent or by attorney.

    (c)

    Powers.

    (1)

    Additional requirements. In making its determination, in addition to the statutory considerations, the board shall consider whether the proposed exception, variance, or use would be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of physical, social or economic effects; and may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to any which may be stipulated in this chapter, as the board may deem necessary for the protection of adjacent properties and the public interest and welfare.

    (2)

    Performance standards. In order to reach a fair and objective decision, the board may utilize and give recognition to appropriate performance standards which are available in model codes or ordinances, or which have been developed by planning, manufacturing, health, architectural, and engineering research organizations.

    (3)

    Required vote. The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation therefrom. The grounds of every such determination shall be stated.

(Ord. of 10-24-2017, § 13-2-21)