Sec. 13-1-102 Board of Adjustment.
(a) Composition. The Chairman of the County Board is hereby
authorized to appoint a Board of Adjustment consisting of five (5)
members and two (2) alternates, with such appointments requiring the
approval of the County Board. Term of appointments, and all other
matters under this Section, shall be according to the provisions of
Sec. 59.99, Wis. Stats. The members of the Board, including the alternate,
shall live within Bayfield County and outside the limits of an incorporated
city of village, but no two (2) members shall be from the same town.
(b) Expenses. The actual and necessary expenses of the members
in the performance of their duties shall be paid as other expenses
against the County.
(c) Appeals to the Board.
(1) Any person aggrieved by a decision of the Zoning Administrator
and/or Zoning Committee, may request and shall be granted a public
hearing before the Board of Adjustment.
(2) The appeal notice shall be filed with the Zoning Administrator
and the Board of Adjustment within thirty (30) days from the date
of the order of decision from which the appeal was made.
(3) The appeal notice shall specify the grounds for the appeal.
(4) The Zoning Administrator shall transmit to the Board of Adjustment
all the papers constituting the record upon which the action appealed
from was taken.
(e) Board Powers. The Board of Adjustment shall have the following
powers and duties:
(1) Where it is alleged that there is error in any order, requirements,
decision or determination made by the Zoning Administrator and/or
Zoning Committee, the Board of Adjustment shall hear appeals and
render decisions therefrom.
(2) Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of this Chapter, the
Board of Adjustment shall have the power, in passing upon appeals,
to authorize such variance from the terms of this Chapter as will
not be contrary to the public interest and so that the purpose of
this Chapter shall be observed and substantial justice done. Variances
shall not have the effect of allowing prohibited uses or permitting
a lower degree of protection and shall not be considered a precedent
in any way. The Board of Adjustment shall consider the following
in granting a variance:
a. The hardship which serves as a basis for the
granting of a variance shall be peculiar to the particular parcel
of land in question.
b. Hardships resulting from the application of the requirements
of the Zoning Ordinance, and not from, for example deed restrictions,
economic considerations, or the applicant's own actions.
c. The variance granted will be in harmony with the intent of the
Zoning Ordinance.
d. The granting of the variance shall not be detrimental to the
public welfare or injurious to other property in the area.
e. The basis of review shall include those items listed in Section
13-1-41 and, in granting a variance, the Board may attach those
conditions listed in Section 13-1-41( d).
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