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Bayfield County Zoning Department
 Board of Adjustment Authority


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).